06-05-2024
Prevention of occupational risks for trainees
When a company contracts what is usually called trainees, the doubt arises whether or not it is necessary to carry out the same risk prevention that for the rest of the company's workers. But in order to answer this question, first of all it is necessary to check in detail the type of relationship of this person with the company, because colloquially the names of trainee worker and trainee students are used without really checking the employment relationship of the same. It is necessary to check if the trainee has an employment relationship with the company (under the scope of application of the Workers' Statuto), or only has a relationship as an internship student, under agreement with a university or training entity.
In the case of having an employment relationship, it is necessary to carry out the same preventive activities as for any other employee of the company, mandatorily, which are those established in the Prevention Law 31/1995 (LPRL). In the second case, studying as an intern with an agreement with the university o training center, the LPRL will not apply. This means that no circumstance that happens to him/her (such as an accident at work) will be subject to a labour inspection, except to check that he/she is not a worker, naturally. However, if you suffer an accident, the case could be the subject of claims by means other than labor (social route), such as a claim for damages through civil or even criminal proceedings. How you might make a visit or a customer. To cover these circumstances, it is highly recommended to carry out the minimum preventive activities that guarantee the safety of the worker, such as training, information, delivery of appropriate PPE, etc., as well as for the company's workers. And if the student reports any circumstance about their specific health, it would also be advisable to do the occupational health medical examination. Failure to perform these activities could place the company at fault, even allowing the insurance company not to pay accident compensation, due to the company's negligence.