Despite the efforts of employers to improve safety at work, the occupational accident rate continues to be in worrying figures: in 2022, 826 people died in work accidents17.2% more than the previous year, according to data from the Ministry of Labor and Social Economy.
To talk about this problem, the Círculo Legal Madrid law firm, in collaboration with the German Chamber of Commerce for Spain and TÜV SUD, held an event in which a group of experts addressed the issue and analyzed the role of the businessman in relation to the occupational accident rate.
In their initial introductions, both Tanja Nause, Director of Partners and Events of the German Chamber of Commerce for Spain as Philip Garcialawyer and partner of Círculo Legal, pointed out the “disturbing” upturn in the number of work accidents, which, after overcoming the pandemic and the recovery of economic activity, “It seems to have been above the figures for 2019.”
In the first two months of 2023 there have already been a total of 174,628 work accidents. As for those who ended up in deaththe figure stands at 114. “Although there has been a slight reduction compared to 2022, we are still talking about very high figures that remind us that occupational risk prevention is everyone’s issue and that it must be more present than ever in companies”, recalled Felipe García.
The need to create a safe work environment
The discussion table included the participation of Diego Cabezuela, lawyer and managing partner of Círculo Legal, Maria Elena Carrascoso, Prosecutor attached to the Prosecutor of the Occupational Health and Safety Chamber of the State Attorney General’s Office, Eva Pardo, Health, Safety and Environment Manager of Medinsa, and Victoria Gutiérrez, Business Line Manager of Sustainability and Good Governance of TÜV SÜD.
On behalf of TÜV SÜD, Victoria Gutierrez, focused on the way in which companies can guarantee a safe work environment and the most effective policies for it. “It is important to carry out an exhaustive analysis of causes, as well as to establish management methodologies that support the investigation of accidents”, stated the expert, who pointed to the Management System based on ISO 45001 as a “key initiative” to establish said security policies. eva pardofrom Medinsa, highlighted the security guarantees provided by the implementation of the aforementioned Standard in companies and referred to the decisive experience that this entailed in his own company.
A difficult defense by the employer
For his part, Diego Cabezuela highlighted the widespread feeling of legal insecurity that invades businessmen in criminal proceedings for serious accidents and the difficulties of counteracting the reports of the Labor Inspectorate which become a kind of indestructible proof of charge.
“When accidents with complex causes take place, the Inspection reports or minutes do not always have the necessary depth to establish the causes of an accident, despite which, their weight within the process is almost always decisive.. The lawyer added that on many occasions this action of the Inspection in the process is “excessive and limiting of the right of defense of employers”.
On this same aspect, the Prosecutor María Elena Carrascoso maintained a different position. She highlighted the importance of the Labor Inspectorate and the fact that it is aware of the circumstances of an accident from the moment it occurs, adding that, for this reason, its reports constitute essential material to found the Writs of Accusation. She also pointed out to the Prosecutor that the businessman is “a security debtor” for its workers and employees.
Throughout the debate, the disorientation of the employer regarding the treatment received by accidents produced as a consequence of the recklessness, or sometimes even the disobedience of the worker or employee who is the victim of the accident, was also highlighted. “Serious accidents are always tragic, but it is customary to point out and hold businessmen responsible, even in those cases in which they have put all the means at their disposal to avoid it ”, commented Diego Cabezuela about it.
