Prevention and coordination agreement

 

The prevention of risks to health and safety at work constitutes a priority for all those who subscribe to this agreement.

For this reason, we undertake to strictly comply with all provisions set out in Royal Decree 1627/1997, which establishes minimum health and safety conditions in construction works, and we commit to implementing an integrated prevention policy and applying it, in accordance with this Royal Decree, at all stages of the project and the execution of our works.

Our objective is to integrate safety into construction.

For this reason, the developer has appointed the health and safety coordinator during the project/execution phase of the works.

The roles of each of the project stakeholders have been defined in this agreement.

We give priority to the use of tools for the analysis and assessment of occupational risks and to the application of measures to eliminate them at their source. At all stages of the project, all preventive actions will be based on an assessment of potential risks to the health and safety of those who will work on the construction and of future users of the building, taking into account the general principles of prevention in accordance with Article 15 of the Occupational Risk Prevention Law, in particular:

a) At the time of making construction, technical, and organizational decisions, in order to plan the different works or phases that will be carried out simultaneously or successively.
b) In estimating the time required for the execution of these works or work phases.

Before starting the works, companies must have resolved the organization of concurrent activities and designed the workstations.

We are committed to a culture of prevention from the very project stage and support the spirit of collective and mutual prevention within the chain of our collaborators: designers, organizers, business owners, contractors and subcontractors, craftsmen, and self-employed and salaried workers, in accordance with this agreement.

We commit to providing all useful information to temporary collaborators from the start of the project until the full completion of the works, so that they work in accordance with our health and safety coordination requirements.

This also entails requiring the mutual commitment of these collaborators to our occupational risk prevention policy, in accordance with the following conditions:

1. Functions and duties of the coordinators

1.1. Coordination of the construction project

The developer must appoint a safety coordinator during the project phase when more than one designer is involved in the project.

The safety coordinator must foresee, during the design, study, and development phases of the construction project, the measures to be taken to improve safety and health and working conditions in construction, as well as during the building’s maintenance tasks.

At the time of determining architectural, technical and/or organizational solutions (which affect the planning of the different works or work phases that will be carried out simultaneously or successively) and when forecasting the construction schedule, they must coordinate and ensure compliance with the provisions of RD 1627/1997, which establishes minimum health and safety conditions on construction sites, taking into account the general principles of prevention in accordance with Article 15 of the Occupational Risk Prevention Law, in particular:

a) En el momento de tomar decisiones constructivas, técnicas y de organización con el fin de planificar los diferentes trabajos o fases que se desarrollarán simultáneamente o sucesivamente
b) En la estimación de la duración requerida para la ejecución de estos trabajos o fases de trabajo.

Hará falta que se redacte y se tenga siempre en cuenta el Estudio de seguridad y salud o el Estudio básico del proyecto.

1.2. Coordination of the execution of the construction work

The safety coordinator during the execution phase of the construction work is appointed by the developer in all cases where more than one company is involved, a company and self-employed workers, or several self-employed workers.

The functions of the safety and health coordinator during the execution of the construction work, according to the RD, are as follows:

a) Coordinate the application of the general principles of prevention and safety:

At the time of making technical and organizational decisions in order to plan the different tasks or work phases that must be carried out simultaneously or successively.

In estimating the time required for the execution of these works or work phases.

b) Coordinate the activities of the construction work to ensure that contractors and, where applicable, subcontractors and self-employed workers apply the principles of preventive action set out in Article 15 of the Occupational Risk Prevention Law in a consistent and responsible manner during the execution of the work and, in particular, in the tasks or activities referred to in Article 10 of RD 1627/1997.
c) Approve the health and safety plan prepared by the contractor and, where appropriate, any modifications introduced. The site management will assume this function when the appointment of a coordinator is not required.
d) Organize the coordination of business activities provided for in Article 24 of the Occupational Risk Prevention Law.
e) Coordinate actions and control functions for the correct application of working methods.
f) Adopt the necessary measures to ensure that only authorized persons can access the construction site. The site management will assume this function when the appointment of a coordinator is not required.

1.3. General principles applicable during the execution of the construction work. Article 10 RD 1627/1997.

In accordance with the Occupational Risk Prevention Law, the principles of preventive action set out in Article 15 shall be applied during the execution of the construction work and, in particular, in the following tasks or activities:

a) El mantenimiento de la obra en correcto estado de orden y limpieza.
b) La elección del emplazamiento de los lugares y áreas de trabajo, teniendo en cuenta sus condiciones de acceso, y la determinación de las vías o zonas de desplazamiento o circulación.
c) La manipulación de los diferentes materiales y la utilización de los medios auxiliares.
d) El mantenimiento, el control previo a la puesta en servicio y el control periódico de las instalaciones y dispositivos necesarios para la ejecución de la obra, a fin de corregir los defectos que pudieran afectar la seguridad y la salud de los trabajadores.
e) La delimitación y el acondicionamiento de las zonas de almacenamiento y depósito de los diferentes materiales, en particular si se trata de materias o sustancias peligrosas.
f) La recogida de los material peligrosos utilizados.
g) El almacenamiento y la eliminación o evacuación de los residuos y desechos.
h) La adaptación, de acuerdo con la evolución de la obra, del periodo de tiempo efectivo que tendrá que dedicarse a los diferentes trabajos o fases del trabajo.
y) La cooperación entre los contratistas, subcontratistas y trabajadores autónomos.
j) Las interacciones e incompatibilidades con cualquier otro tipo de trabajo o actividad que se realice en la obra o cerca del lugar de la obra.

The health and safety coordinator during the execution phase of the construction work commits to the developer to carry out their role in strict collaboration with the different agents involved in the project. Any divergence will be submitted to the developer.

2. Information provided by the developer, contractors, and other employers

The coordinator’s duties will be developed based on the project documents and the works contract.

The developer will ensure that the safety coordinator in the project phase is involved in all stages of the project’s development and preparation of the construction work.

The developer, the contractor, and all companies will contribute by providing the necessary information and incorporating the provisions proposed by the coordinator into the architectural, technical, and/or organizational options. They must take into account the coordinator’s duly justified observations or propose measures with at least equivalent effectiveness.

3. Obligations of the other agents involved in the construction work

3.1 Obligations of contractors and subcontractors.

3.1.1. Contractors and subcontractors shall be obliged to:

a) Apply the principles of preventive action set out in Article 15 of the Occupational Risk Prevention Law, in particular when carrying out the tasks or activities indicated in the aforementioned Article 10 of RD 1627/1997.
b) Comply with and ensure that their personnel comply with what is established in the Health and Safety Plan.
c) Comply with occupational risk prevention regulations, taking into account, where applicable, the obligations regarding coordination of business activities provided for in Article 24 of the Occupational Risk Prevention Law, and also comply with the minimum provisions set out in Annex IV of RD 1627/1997 during the execution of the work.
d) Inform and provide appropriate instructions to self-employed workers regarding all measures to be adopted concerning health and safety on the construction site.
e) Follow the indications and comply with the instructions of the safety and health coordinator during the execution of the work and, where appropriate, those of the site management.

3.1.2. Los contratistas y subcontratistas serán responsables de la ejecución correcta de las medidas preventivas fijadas en el Plan de seguridad y salud en relación con las obligaciones que corresponden directamente a ellos o, si procede, a los trabajadores autónomos que hayan  contratado.

Además, los contratistas y subcontratistas responderán solidariamente de las consecuencias que se deriven del incumplimiento de las medidas previstas en el Plan, en el términos del apartado 2 del artículo 42 de la Ley de prevención de riesgos laborales.

3.1.3. Las responsabilidades de los coordinadores, de la dirección facultativa y del promotor no eximirán de sus responsabilidades a los contratistas y a los subcontratistas.

3.2. Obligaciones de los trabajadores autónomos y de los empresarios que ejerzan personalmente una actividad profesional en la obra.

3.2.1. Los trabajadores autónomos estarán obligados a:

a) Apply the principles of preventive action set out in Article 15 of the Occupational Risk Prevention Law, in particular when carrying out the tasks or activities indicated in the aforementioned Article 10 of RD 1627/1997.
b) Comply with and ensure that their personnel comply with what is established in the Health and Safety Plan.
c) Comply with occupational risk prevention regulations, taking into account, where applicable, the obligations regarding coordination of business activities provided for in Article 24 of the Occupational Risk Prevention Law, and also comply with the minimum provisions set out in Annex IV of RD 1627/1997 during the execution of the work.
d) Inform and provide appropriate instructions to self-employed workers regarding all measures to be adopted concerning health and safety on the construction site.
e) Follow the indications and comply with the instructions of the safety and health coordinator during the execution of the work and, where appropriate, those of the site management.

3.2.2. Self-employed workers must comply with what is established in the Health and Safety Plan.

a) Machinery, equipment, and tools used on the construction site must comply with the health and safety requirements applicable to work equipment provided by the employer to their workers.
b) Self-employed workers and employers who personally carry out an activity on the construction site must use appropriate personal protective equipment, according to the risk to be prevented and the working environment.

3.3. Responsibilities, rights, and duties of workers

The general obligations and rights of workers in the various sectors of activity, whether public or private, are those granted by current legislation, among which the following stand out:

The duty to follow the employer’s instructions regarding health and safety

The duty to report potential hazards

The duty to report potential hazards

The right to receive adequate and understandable information and to make proposals regarding health and safety, especially concerning the Health and Safety Plan

The right to consultation and participation, in accordance with paragraph 2 of Article 18 of the Occupational Risk Prevention Law

he right to address the competent authority

The right to stop work in the event of serious danger

4. Documents for prevention and coordination

4.1. Prevention and coordination logbook

The Prevention and Coordination Logbook is opened from the start of the coordinator’s intervention.

This document records, as a log, the prevention measures defined at the various stages of development of the construction project and its execution.

It also lists all useful documents related to prevention and coordination in the field of health and safety, the verbal process of exchanging reasoning between the project coordinator and the execution coordinator, the data of all agents involved in the project and the construction work, the minutes of coordination meetings, information and/or training sessions, joint visits, observations, and instructions to be conveyed.

4.2. Prior notice

This document must be displayed on the construction site.

In the Prior Notice, the developer informs the Department of Labour of the Generalitat, in accordance with RD 1627/97, of the different agents who assume responsibilities in complying with working conditions.

4.3. Health and Safety Study and Basic Health and Safety Study

These two documents are prepared based on the Project.

At the time of preparing the Project, the project phase coordinator will draft, or arrange for drafting under their responsibility, the Health and Safety Study or the Basic Study for the works to be carried out on the construction site.

The content of these documents will be that established by RD 1627/97 in Articles 5 and 6, respectively. They will form part of the execution project of the construction work or, if applicable, the construction project and will contain the prevention measures appropriate to the risk involved in carrying out the work.

They will take into account any activity carried out on the construction site and will identify the areas where work is performed that falls under any of the sections listed in Annex 2 of the aforementioned regulation.

They will always include forecasts and useful information to carry out, when the time comes, in conditions of safety and health, any foreseeable subsequent work.

The safety coordinator in the project phase, as the project develops, must have the necessary means and information for the preparation of the Health and Safety Study or Basic Study.

This study is established based on the information provided by the designer, the developer, and, if applicable, the contractor and the companies involved.

4.4. Pla/Plans de seguretat i salut

Before starting their work on the construction site, each contractor or employer, each self-employed worker who has employees on site, or the developer, if directly hiring self-employed workers, must submit to the safety and health coordinator during the execution phase a Health and Safety Plan, for approval, prepared based on the Health and Safety Study or Basic Study.

The different approved Health and Safety Plans will be made available by each contractor to the workers’ representatives, who may submit modifications as provided in RD 1627/97.

The safety and health coordinator during the execution of the construction work will communicate the approved Health and Safety Plan to the site management.

Organization of meetings
a)Coordination meetings on health and safety are discussed during the drafting of the construction project.

In these meetings, the project risks (Health and Safety Study or Basic Study), the statistical study of occupational risks, and the definition of health and safety needs for maintenance and modification work will be evaluated.

The developer, contractors, competent personnel, and workers’ representatives in the field of health and safety for the future operation of the construction must participate or be informed.

Coordination meetings and health and safety inspection visits during the execution of the construction work

The coordinator will periodically organize coordination meetings and site visits, taking into account the existing risks on the construction site. They will also establish the list of participants. Any participation meeting will begin with an analysis of risks and incidents that occurred during the previous period and an assessment of future risks.

The coordinator will oversee the dissemination of reports from the meetings and health and safety inspections. In coordination with the developer and contractors, they will ensure an effective system for distributing information, instructions, documents, and hazardous situations.

The coordinator and the workers

The coordinator will ensure that worker information and consultation within their companies is carried out in an understandable manner.

They will ensure that:

All measures taken for safety and health on site are communicated

The information is understandable to the affected workers

Workers and/or their representatives are informed and consulted about the measures taken by the coordinator regarding the Health and Safety Plan, especially the measures decided by the employer to ensure the safety of the work on site

There is adequate coordination between workers and/or representatives on the construction site

Finally, it is agreed to require each of our collaborators to know and assume the contents of the PREVENTION AND COORDINATION AGREEMENT before participating in the work.

To achieve this collective action, we share our experiences and knowledge, and rely on mutual commitment and responsibility.