Is the public promoter key to the effectiveness of the occupational health and safety?

Rafael Castañeda García
Civil Engineer - Head of Supervision and Technical Support
Ministry of Public Works and Housing
Government of Cantabria

ABSTRACT
The current legislation on prevention of occupational risks actually introduces a new culture that, in business, no longer limited to direct preventive technical actions carried out by elements outside the company, but is extended to all fields of labor relations and certain objective criteria such as planning, integration into the company, employee participation, is developed based etc. When the productive activity is the construction, in certain very specific characteristics are presented, a new agent, the promoter, with significant (transcendental) preventive obligations that did not exist or never suspected that could affect arises.

If the works are public, promoters (government) must also adjust their actions to the principle of extended legality to all legal aspects of the contract and work, naturally including the provisions of contracts, hardly taken into account properly in the RD 1627 / 97, but until today the contracting authorities have just established standards and criteria consistent performance. As a result, most of these public promoters are not understanding or applying preventive seriously its genuine obligations, leaving provide the inescapable example should give the rest of agents and society in general.

The result is that the practical reality in relation to preventive system efficiency is lamentable, being essential and urgent a radical change of attitude on their part (without prejudice to the need to improve other aspects, both legal regulation and patterns and performance criteria of other agents, bodies and institutions involved).

Keywords
Prevention, Occupational Hazards, Health and Safety, Construction, Construction, Legislation.