Prevention of occupational risks for workers in the service of the home

It has been half a year since Royal Decree-Law 16/2022 was approved, for the improvement of working conditions and Social Security of domestic workers. This was the deadline that said Royal Decree Law established for the Government to approve the regulatory development of the eighteenth additional provision of Law 31/1995, that is, to detail how risk prevention should be carried out for this very specific group. 

This regulation should clarify fundamental issues, such as whether it will be mandatory for the owner of the domicile to hire a prevention service (at least in occupational health, if he is allowed to adopt the employer's own modality, etc.). Even from the INSST there is still only the publication of good practices, which indicates the need to inform domestic employees of their risks, but under the prism of when this group was not included in the Prevention Law.

For legal purposes, since September 9, it means that if the employee is injured at home, and it is demonstrated that there were no safety measures, the employer can be pursued through the usual channels.

That is why the employer should cover, at least, the obligations imposed by the Law, such as risk training (art. 19), carry out a risk assessment (to detail, for example, what hazardous chemicals are used, and whether preventive measures are adequate), and leave a legal record that he has been provided with adequate protective equipment (collectives,  as stairs, and individual, as gloves). Thus, the owner of the address will ensure that he will not have any serious displeasure, in case of accident.

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