In the BOE of the past 19 April day a social order issued by the Labor Inspectorate and security that comes to adapt both the format and function was published guestbooks each company should always keep available to officials of the Inspectorate of Labor and Social Security. In the 26 BOE last April also error correction on the above resolution was published, including the final format should have future guest books.

The origin of these modifications is, on the one hand, on the 31 / 1995 law of November 8Of Occupational Health and Safety, article 9.2 provides that certain public officials, both the General State Administration and the Autonomous Communities to exercise technical work on risk prevention may develop comprobatorias functions regarding risk prevention and capacity requirement, for what will have to have an authorization issued by its own region.

Furthermore, the 30 / 1992 law of November 26, Regime of Public Administrations and Common Administrative Procedure states in Article 45 her that the government will promote the use and application of technical and electronic, computer and telematic means for the development of their activity and exercise of their powers. To this end, the Inspectorate of Labor and Social Security will provide users a software application that allows, in its day, replacing the use of conventional book tours for "electronic guestbook".

Consistent with the above, we proceeded to adapt the model guestbooks to the provisions contained in the aforementioned rules, so that from now companies are obliged to have in every workplace, available to Inspectors and assigned to the Inspectorate of Labor and Social Security, but also of technical officers to exercise comprobatorias actions on prevention of occupational risks ( "qualified technicians") and to formulate requirements a Guestbook Subinspectors subject to model and requirements set in the resolution. Until the day 1 2006 June will remain valid guestbooks enabled prior to the entry into force of this resolution. After this date, each company must have a new Guestbook, in its new format on paper.

The implementation of "guestbooks e "they are yet to be developed, so that when they become operational, the Labor Inspectorate will publish timely resolution to that effect.

As a last point to be highlighted, companies that have work centers with a duration of less than thirty days (typical of subcontractors in the construction sector, for example) in which they employ six or fewer workers are not obliged to to have the Visitors' Book of these centers, but may use, for this purpose, the Visiting Books of the center in which the company is domiciled in the province in question.



Silvia de Quintana Sáez

DiG Lawyers