Articles 42-54

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Corporate incentives Economic sanctions Group or joint liability Health and safety Procurement

Articles 42-54 provide the sanctions for non-compliance with the employers’ obligations as provided in this law.  Sanctions vary depending on the severity of the breach, and include the possibility of being excluded or banned from contracting with the public administration (art. 54) and the possibility, for the Goverment, to temporarily or permanently close the working centre (art. 53).

Under article 42, the principal contractor will be held jointly liable with its contractors and subcontractors during the duration of the contract, for the obligations imposed by this law. Businesses contracting temporary workers through a temporary work agency will also be responsible for the protection of workers’ health and safety.

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Law / 10th November 1995 / Spain / Ocuppational Health and Safety Law

This Act determines the basic body of guarantees and responsibilities regarding the occupational protection of workers’ health and safety. From the recognition of the workers’ rights in the workplace to the protection of their health and integrity, this Act establishes the various duties that guarantee workers’ rights to health and safery at the workplace, as well as requiring Public Administrations to implement policies and act in a manner conducive to attaining the Act’s objective of ensuring the effective enforcement of such rights.