According to article 15 of Law 39/2006, companies with employees who provide home help services for dependent persons must carry out an on-site assessment of each home.

Although the RD seems to focus on the group of household employees, whose employer is a private ‘head of household’ and whose activity has no economic purpose, it includes the first additional provision that amends RD 39/1997, which establishes obligations for ‘Home help services for dependent persons, consisting of attending to the needs of the home and personal care, as indicated in article 15 of Law 39/2006, of 14 December, on the Promotion of Personal Autonomy and Care for Dependent Persons, and attending to the needs of their daily lives, which are provided by persons employed by companies under direct contract or as a consequence of the concession of the provision of the service by a public entity within the framework of the System for Autonomy and Care for Dependency regulated in Title I of Act 39/2006’, including ‘services carried out in the home within the framework of other actions relating to family respite care, family intervention and support, intervention and protection of minors, or prevention or social inclusion, as defined in the applicable regulations’, which are regional regulations (Llei 12/2007 in Catalonia, Law 12/2022 in Madrid, etc.).

For these groups, who as workers in a company will have a prevention service (there is no private employer), it is explicitly established that the risk assessment will require a physical visit by the prevention technician to the home (to each home). In other words, in these cases, the owner of the home will not be able to invoke his right to inviolability of the home and prevent the technician's visit, if he wishes to receive these assistance services.

It could be deduced from this that, for the rest of the cases of work at home, the employer may refuse the visit (as is already the case for teleworking, where the visit can only take place in person if the worker gives his consent, and if not, the assessment is carried out online, or it is carried out solely on the basis of the description of tasks performed, but based on the worker's testimony).