Episode 0 · Available
Episode 0 · Introduction
Introduction · Why we are launching this series
What we have seen in 3 years supporting hundreds of companies with their H&S plans.
Ley 31/1995 summary
The Ley 31/1995, of 8 November, on Occupational Risk Prevention is the law that requires every company in Spain to protect the health and safety of its workers. It turned 30 in 2025 and, in that time, we have perfected the art of appearing to comply with it: signed risk assessments, training delivered, health surveillance up to date. All in order on paper.
And yet sick leave keeps rising, middle managers tune out and nobody can tell you, with data, what is actually working.
If this sounds familiar, you are not the odd one out. It happens with almost every company that comes to us. Paper does not prevent. People, processes and the decisions made every Monday do. And that is where Ley 31/1995 leaves many gaps, the ones we will fill in this series.
Note as of 28 April 2026: the Government has just approved the draft bill that reforms this law substantially for the first time in 30 years. The reform does not replace it, it updates it, and it targets precisely several of the gaps this series is about. We cover it in Episode 1.
The law tells you what you need to have. Experience teaches you what you need to do for it to be worth anything.
Accidents
647K
accidents with sick leave in Spain in 2024. 28% are musculoskeletal.
Mental health
+500%
increase in mental health sick leave over the last decade. The Ministry of Labour said so on 28 April.
Reaction
7/10
of H&S plans are only activated after an inspection or accident. Reactive.
What the text says
Let's start with the literal text
Before talking about what the law does not say, it is worth recalling exactly what it does say. This is the heart of the articles: the employer's general obligation.
Article 14 · Right to protection against occupational risks Ley 31/1995 · BOE-A-1995-24292
«Workers have the right to effective protection in matters of health and safety at work. […]
In fulfilment of the duty of protection, the employer shall guarantee the health and safety of the workers in its service in all aspects related to work.»
→ Sections 1 and 2 · current consolidated text · pending amendment by the draft bill approved on 28/04/2026
Underline that word: «effective». It does not say «documented», «assessed» or «certified». It says effective. And that is where the interesting conversation begins, the same one lawmakers have just reopened 30 years later.
Active breaks in a logistics warehouse before the shift. The law does not require them, but they cut absenteeism by 18% to 25% depending on the operation.
What reality teaches
And now, what the text leaves unsaid
Each obligation in the articles gives rise to 3 to 5 decisions the law does not spell out, and they separate the companies that comply from those that protect. That is what this series is about. Here are the three examples that come up most in our conversations with H&S specialists and HR leaders.
does NOT tell youCase 01 · What the law leaves unsaid
That mandatory training almost never changes behaviour.
Art. 19 requires training «in sufficient and appropriate terms». The reality: training arrives as a PDF that gets signed reluctantly. What does change behaviour (on-the-job micro-sessions, drills with feedback, reinforcement from middle managers) appears in no official gazette. The 2026 reform strengthens job-specific prevention information, but the «how» is still up to you.
does NOT tell youCase 02 · What the law leaves unsaid
How to measure whether your plan is working before there is a sick leave.
Art. 16 requires you to plan prevention. It does not tell you which leading indicators to monitor (near-misses reported, average time between safety observations, % of trained managers who give feedback). Without those indicators, you find out too late.
does NOT tell youCase 03 · What the law leaves unsaid
What to do when the injury «is not work-related» but still stops someone working.
The line between common and occupational contingency is blurred, and the law does not settle it. That is where weeks of avoidable absence are lost: with a well-defined early return-to-work and job adaptation protocol, you recover up to 30% of those days. The reform extends the definition of work-related harm to mental, cognitive and emotional health: the line moves, but it does not disappear.
The upcoming episodes will unpack these gaps one by one. But first, it is worth measuring where you stand.
FAQ · Ley 31/1995 summary
Frequently asked questions about Ley 31/1995 (Spain's Occupational Risk Prevention Act)
A summary of the most common questions about Ley 31/1995, the H&S obligations for companies, LISOS penalties, the reform approved in April 2026 and the link between regulatory compliance and reducing absenteeism.
What is Ley 31/1995?
Ley 31/1995 is Spain's Occupational Risk Prevention Act (LPRL), approved on 8 November 1995. It sets out the employer's obligations to guarantee workers' health and safety in all aspects related to work.
Is Ley 31/1995 still in force after the April 2026 reform?
Yes. On 28 April 2026 the Council of Ministers approved a draft bill that amends, but does not replace, Ley 31/1995, together with the Estatuto de los Trabajadores and RD 39/1997. The law remains the framework regulation. The reform incorporates psychosocial and ergonomic risks and those arising from climate change, a gender and age perspective, and extends the definition of «work-related harm» to the mental, cognitive, behavioural, social and emotional spheres. It still has to go through Parliament before it comes into force.
What does Ley 31/1995 require of employers?
Ley 31/1995 requires employers to assess occupational risks, plan prevention, train and inform workers, guarantee health surveillance, coordinate business activities with contractors and suppliers, and adopt emergency measures. All these obligations are developed in Real Decreto 39/1997 (Prevention Services Regulation).
Who must comply with the Occupational Risk Prevention Act?
Every company with at least one employee must comply with Ley 31/1995, whatever its size, sector or activity. It also applies to public administrations and to self-employed people with staff. The 2026 reform expressly extends its scope to self-employed workers coordinated with main contractors.
What penalties does Ley 31/1995 provide for?
Breaches of the H&S Act can be minor, serious or very serious, with fines ranging from €45 up to €983,736 under the Ley sobre Infracciones y Sanciones en el Orden Social (LISOS, Spain's Social Order Infringements and Penalties Act). In addition, in the event of an accident, the employer may face civil and criminal liability and a surcharge on benefits. The 2026 reform also amends the LISOS to regulate infringements relating to equality and non-discrimination more precisely.
Does complying with the law prevent workplace accidents?
Not necessarily. Complying with Ley 31/1995 on paper does not guarantee accident prevention. According to Ministry of Labour data, 647,000 accidents with sick leave were recorded in 2024, mostly in companies whose H&S documentation was up to date. The difference between complying and protecting lies in how the plan is carried out day to day, which is exactly what this series addresses.
Before we start · reducing absenteeism
Where do you stand exactly?
To get the most out of the series, it helps to know your starting point. We have built a free 3-minute self-assessment that evaluates your company across the four dimensions where real prevention is decided:
- Governance: who is responsible for H&S and how rigorously.
- Training and culture: whether it reaches people or stays in the folder.
- Data and measurement: whether you know what absenteeism is costing you.
- Active intervention: whether you do something concrete or just log sick leave.
Answer 9 honest questions and we will email you your H&S maturity level (from reactive to preventive) and a concrete reading of the challenge at your level. No sales follow-up call: if you want to talk afterwards, it is your call.
H&S self-assessment · free
Does your prevention protect or just file paperwork?
Find out where your H&S plan is really leaking in 9 questions. We will send your occupational risk prevention maturity level and the specific challenge to tackle straight to your inbox.
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