Legal or Regulatory Audit? Which companies are obliged to do it?
The 30.6 Article of the Occupational Risks Preventio Law 31/1995 establishes that “the businessman who had not arranged the prevention service with a foreign specialized entity will have to submit his or her prevention system to the control of a Regulatory Audit or external evaluation”, besides, the 29.2 Article of the Prevention Services Regulation modified by the R.D. 604/2006 adds that “the companies that develop the preventive activities with their own and foreign resources should submite their prevention system to the control of a Regulatory Audit or external evaluation”, therefore, they should submit to a Legal or Regulatory Audit, that is, every company that assumes internally some of the preventive specialities, either is through one or many designated workers, or either through the establishment of an Own Prevention Service or joint exclusively or mixed with specialities hired to one or various Foreign Prevention Services.
The audit will carry out a systematic analysis, documented and objective of the prevention system, which will include the following elements:
- Verify how the initial and periodic evaluation of risks has been done, analyze their results and verify them in case of doubt.
- Verify that the type and planning of the preventive activities are in accordance to the general regulation, as well as to the regulation on specific risks.
- Analyze the adequacy between the procedures and the required means to realize the preventive activities needed and the resources which the businessman has, proper or concerted, bearing in mind, also, the way in which they are organized or coordinated.
- Assess the integration of the prevention in the general system of the company management , and to assess the efficiency of the prevention system to prevent, identify, evaluate, correct and control the occupational risks in each activity phases of the company.