Occupational Risk Prevention in Spain

We would like to clarify the legal framework applicable in Spain regarding occupational risk prevention and, in particular, employee medical examinations.

In Spain, occupational risk prevention is a mandatory obligation for any company employing staff, regardless of the number of employees or the level of risk associated with the activity. This requirement is established under Ley 31/1995 de Prevención de Riesgos Laborales and its implementing regulations.

Within these obligations, the company must ensure health surveillance of employees, which includes medical examinations. The applicable principles are the following:

The company must always offer a medical examination to all employees.
As a general rule, the examination is voluntary for the employee.
The examination becomes mandatory only when the position involves specific risks, hazardous conditions, or when required by a legal provision to protect the employee or third parties.

For low-risk roles (such as office or computer-based work), the examination is voluntary for the employee, but the company must formally offer it and keep proof of the offer. For higher-risk positions, the examination may also be mandatory for the employee.

To comply with these obligations, companies in Spain must appoint an external occupational risk prevention service provider. This provider carries out, among others, the risk assessment, preventive training and health surveillance activities.

CB