What is Business Activity Coordination (CAE)?
Business Activities Coordination (CAE) is a process of collaboration and cooperation between companies that operate in the same workplace, with the aim of guaranteeing the safety and health of the workers involved in these activities.
The coordination process involves communication and information exchange between the companies involved, in order to identify existing occupational risks, assess them and establish appropriate prevention and protection measures.
In order to establish the minimum provisions that different employers sharing the same workplace must implement to prevent occupational risks arising from the concurrence of business activities and, therefore, to ensure that this concurrence does not affect the health and safety of the workers of the concurrent companies, Royal Decree 171 was published in 2004, was published in 2004, implementing Article 24 of Law 31/1995 on the Prevention of Occupational Risks, with regard to the coordination of business activities.
For the purposes of this Royal Decree, the following definitions shall apply:
a) Workplace: any area, whether built or not, where workers must remain or to which they must have access for work purposes.
b) Business owner of the workplace: the person who has the capacity to make the workplace available and manage it.
c) Principal employer: the employer who contracts or subcontracts with others to carry out works or services corresponding to its own activity and which are carried out at its own workplace..
Who should coordinate business activities
In Spain, responsibility for coordinating business activities (CAE) falls on all business owners or employers who have workers in the same workplace or shared environment. The Occupational Risk Prevention Act establishes that it is the obligation of all companies involved in concurrent activities to ensure that adequate coordination is carried out to guarantee the health and safety of workers.
In this regard, all competing companies have a responsibility to participate in the coordination process, exchanging relevant information, assessing occupational risks and establishing appropriate preventive measures. Coordination may be carried out by the principal employer, who is the one with the capacity to control the workplace and who hires other companies to perform certain tasks. However, all concurrent companies have an obligation to actively collaborate in coordination, regardless of whether they are the principal employer or a contractor.
Objectives of the CAE
The coordination of business activities for the prevention of occupational risks must ensure compliance with the following objectives:
a) The consistent and responsible application of the principles of preventive action established in Article 15 of Law 31/1995, of 8 November, on Occupational Risk Prevention, by companies operating in the workplace.
b) The correct application of working methods by companies operating in the workplace.
c) Control of interactions between different activities carried out in the workplace, particularly when they may generate risks classified as serious or very serious, or when activities that are incompatible with each other due to their impact on the health and safety of workers are carried out in the workplace.
d) The adequacy of the measures implemented to prevent risks in the workplace that may affect workers from competing companies.
When workers from two or more companies carry out activities in the same workplace, these companies must cooperate in the application of occupational risk prevention regulations. The duty of cooperation shall apply to all companies and self-employed workers present in the workplace, regardless of whether or not there are legal relations between them.
These companies must inform each other of the specific risks of the activities they carry out in the workplace that may affect the workers of the other companies operating in the centre, in particular those that may be aggravated or modified by circumstances arising from the concurrence of activities.
The information must be sufficient and must be provided before the start of activities, when there is a change in concurrent activities that is relevant for preventive purposes, and when an emergency situation has occurred.
The information shall be provided in writing when any of the companies generate risks classified as serious or very serious.
When, as a result of the risks of concurrent activities, an accident at work occurs, the employer must inform the other employers present at the workplace.
Each employer must inform their respective employees of the risks arising from the concurrence of business activities in the same workplace.
Measures to be taken by the Principal Employer
In addition to complying with the above, the principal employer must also adopt the following measures:
Information about the owner
- The principal employer shall inform the other employers present of the risks specific to the workplace that may affect the activities they carry out, the measures taken to prevent such risks, and the emergency measures that must be implemented.
- The information must be sufficient and must be provided before the start of activities and when there is a change in the risks inherent to the workplace that is relevant for preventive purposes.
- The information shall be provided in writing when the risks specific to the workplace are classified as serious or very serious.
Instructions for the Principal Employer
- Once the aforementioned information has been received (regarding the specific risks of the activities carried out in the workplace that may affect workers from other companies operating in the centre, particularly those that may be aggravated or modified by circumstances arising from the concurrence of activities), the employer responsible for the workplace, when their workers carry out activities there, shall give the other concurrent employers instructions for the prevention of risks existing in the workplace that may affect the workers of the concurrent companies and on the measures to be applied when an emergency situation arises.
- The instructions must be sufficient and appropriate to the risks existing in the workplace that may affect workers from other companies and to the measures to prevent such risks.
- Instructions must be provided before the start of activities and whenever there is a change in the risks existing in the workplace that may affect workers from concurrent companies and that is relevant for prevention purposes.
- Instructions shall be provided in writing when the risks existing in the workplace that may affect workers from concurrent companies are classified as serious or very serious.
Measures to be adopted by participating companies
- Employers who carry out activities in a workplace owned by another employer shall take into account the information received from the latter when assessing risks and planning their preventive activities, as referred to in Article 16 of Law 31/1995 of 8 November on the Prevention of Occupational Risks.
- The instructions given by the employer in charge of the workplace must be followed by the other employers present.
- The participating employers must communicate to their respective employees the information and instructions received from the employer responsible for the workplace in accordance with the terms set out in Article 18.1 of Law 31/1995, of 8 November, on the Prevention of Occupational Risks.
- The measures referred to in the preceding paragraphs shall apply to all companies and self-employed workers who carry out activities in the workplace, regardless of whether or not there are legal relations between the owner of the company and them.
Duty of supervision of the Principal Employer
- In addition to complying with the measures set out above, the main contractor must monitor compliance with occupational risk prevention regulations by contractors or subcontractors carrying out works and services related to its own activity and carried out at its own workplace.
- Before the start of activity at the workplace, the principal employer shall require contractors and subcontractors to provide written proof that they have carried out a risk assessment and preventive activity plan for the contracted works and services. Likewise, the principal employer shall require such companies to provide written proof that they have fulfilled their obligations regarding information and training for the workers who will be providing their services at the workplace. The contractor shall be required to provide the principal employer with the proof referred to in the preceding paragraphs when subcontracting part of the work or service to another company.
- The principal contractor must verify that the contractors and subcontractors working at its workplace have established the necessary means of coordination between them.
Non-exhaustive list of coordination methods
- The exchange of information and communications between competing companies.
- The holding of regular meetings between the competing companies.
- Joint meetings of the health and safety committees of the companies involved or, failing that, of employers who do not have such committees, with the prevention delegates.
- The giving of instructions.
- The joint establishment of specific measures to prevent risks in the workplace that may affect workers from competing companies, or procedures or protocols for action.
- The presence in the workplace of the preventive resources of the companies involved.
- The appointment of one or more persons responsible for coordinating preventive activities.
Determination of the Means of Coordination
Realizado el intercambio de información y antes del inicio de las actividades, los empresarios concurrentes en el centro de trabajo establecerán los medios de coordinación que consideren necesarios y pertinentes para el cumplimiento de los objetivos previstos en el presente RD. La iniciativa para el establecimiento de los medios de coordinación corresponderá al empresario titular del centro de trabajo cuyos trabajadores desarrollen actividades en éste o, en su defecto, al empresario principal.
Each employer must inform their respective employees about the coordination measures established in accordance with the terms set out in Article 18.1 of Law 31/1995, of 8 November, on Occupational Risk Prevention. When the coordination measures established involve the presence of preventive resources in the workplace or the appointment of one or more persons responsible for coordinating business activities, employees shall be provided with the necessary information to enable them to identify these persons.
The appointment of one or more persons responsible for coordinating preventive activities shall be considered the preferred means of coordination when two or more of the following conditions are met:
- Cuando en el centro de trabajo se realicen, por una de las empresas concurrentes, actividades o procesos reglamentariamente considerados como peligrosos o con riesgos especiales, que puedan afectar a la seguridad y salud de los trabajadores de las demás empresas presentes.
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When there is particular difficulty in controlling the interactions between the different activities carried out in the workplace that may generate risks classified as serious or very serious.
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When there is a particular difficulty in preventing activities that are incompatible with each other from being carried out in the workplace, either successively or simultaneously, from the perspective of the health and safety of workers.
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When there is particular complexity in coordinating preventive activities due to the number of companies and workers involved, the type of activities carried out, and the characteristics of the workplace. When there are justified technical or organisational reasons, the appointment of one or more persons responsible for preventive activities may be replaced by any other means of coordination that ensures compliance with the objectives of this Royal Decree.
In accordance with the provisions of Article 13.3 RD 171/2004, the person or persons responsible for coordinating preventive activities shall be appointed by the employer who owns the workplace where the workers carry out their activities.
The following persons may be responsible for coordinating preventive activities:
- One or more of the workers designated to carry out preventive activities by the employer responsible for the workplace or by the other employers involved, in accordance with Article 30 of Law 31/1995 and Article 12 of Royal Decree 39/1997.
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One or more members of the prevention service belonging to the company that owns the workplace or to other companies operating in the same premises.
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One or more members of the external prevention service arranged by the company that owns the workplace or by the other companies involved.
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One or more employees of the company that owns the workplace or of other companies operating in the same premises who, without being part of the company’s own prevention service or being designated employees, have the necessary knowledge, qualifications and experience in the activities referred to in section 1.
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Any other employee of the company that owns the workplace who, due to their position in the company’s hierarchical structure and the technical functions they perform in relation to the production process or processes carried out at the workplace, is qualified to coordinate business activities.
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One or more persons from companies engaged in the coordination of preventive activities, who possess the necessary skills, knowledge and qualifications in the activities referred to in paragraph 1.
The person or persons responsible for coordinating preventive activities must have the appropriate preventive training, at least at the intermediate level, in accordance with Article 14.4 RD 171/2004.2.13. In any case, the person or persons responsible for coordinating preventive activities must maintain the necessary collaboration with the preventive resources of the concurrent employers, in accordance with the last paragraph of Article 13.3 RD 171/2004.
The person or persons responsible for coordinating preventive activities shall have the following duties:
- To promote compliance with the objectives set out in Article 3 of Royal Decree 171/2004.
- To serve as a channel for the exchange of information which, pursuant to the provisions of this Royal Decree, must be exchanged by the companies operating in the workplace.
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Any other tasks assigned by the employer who owns the workplace.
Application of the Royal Decree in Construction Works
Las obras incluidas en el ámbito de aplicación del Real Decreto 1627/1997, de 24 de octubre, por el que se establecen disposiciones mínimas de seguridad y salud en las obras de construcción, se regirán por lo establecido en el citado real decreto. A los efectos de lo establecido en este real decreto, se tendrá en cuenta lo siguiente:
- The information corresponding to the owner company shall be deemed to have been fulfilled by the developer through the health and safety study or the basic study, under the terms established in Articles 5 and 6 of Royal Decree 1627/1997, of 24 October. The instructions of the owner company shall be deemed to have been complied with by the developer through those given by the health and safety coordinator during the execution of the work, where such a figure exists; otherwise, they shall be given by the project management.
- The measures established for the principal employer correspond to the contractor defined in Article 2.1.h of Royal Decree 1627/1997, of 24 October.
- The means of coordination in the construction sector shall be those established in Royal Decree 1627/1997, of 24 October, and in the fourteenth additional provision of Law 31/1995, of 8 November, on Occupational Risk Prevention, as well as any other complementary measures that may be established by the companies involved in the work.
The Guide to Inspection Procedures in the Coordination of Business Activities of the Directorate-General for Labour Inspection and Social Security mentions:
Before the start of activity at your workplace, the main employer shall require contractors and subcontractors to provide written proof that they have carried out, for the contracted works and services, the risk assessment and planning of their preventive activity, in accordance with Article 10.2 RD 171/2004.
Likewise, the principal employer shall require such companies to provide written proof that they have fulfilled their obligations regarding information and training for workers who will be providing services at the workplace, as provided for in Article 10.2 of Royal Decree 171/2004.
When the contracting company decides to subcontract part of the work or service entrusted to it, it must require the subcontractor in writing to certify that it has carried out the risk assessment and preventive planning for the contracted works and services, as well as compliance with the obligations regarding information and training of the workers who will provide services at the workplace. The main contractor shall deliver these accreditations to the main contractor, in accordance with the last paragraph of Article 10.2 of Royal Decree 171/2004.
The principal contractor must verify that the contractors and subcontractors working at its workplace have established the necessary means of coordination between them.
The principal employer shall monitor compliance with occupational risk prevention regulations by contractors or subcontractors providing works and services related to its own activity and carried out at its own workplace.
Plataformas CAE
There are various technological platforms (software) for effectively validating, maintaining and managing all the documentation required to carry out Business Activity Coordination, linking documents together and facilitating document transmission and exchange between the main company and third parties (contractors, subcontractors, suppliers, etc.).
The aim of this software is to provide a single meeting point for collaborating companies, enabling them to exchange documents quickly and easily, eliminate paper documents and email correspondence, and integrate processes between collaborating companies.
The use of a document management software platform for CAE helps to optimise processes, reduce errors and ensure regulatory compliance in the coordination of business activities.
The Quioo platform from Q-safety by Quirónprevención is a comprehensive solution for effective document management, which is also integrated with Quirónprevención’s external prevention service and endorsed by the Quirónsalud Group.
