Royal Decree

Article 9. Documentation the Royal Decree 396/2006, of March 31, by which establish the minimum requirements applicable to work with risk of exposure to asbestos health and safety requires that relating to environmental monitoring and assessment data, worker exposure data and data relating to the specific health surveillance of workers be retained for a minimum of forty years after finished exposure, referring to the labour authority where the undertaking ceases activity before that period. Royal Decree 783/2001, of 6 July, which approves the regulation on health protection against ionizing radiation requires that the dosimetric history of workers exposed, documents relating to the assessment of doses and measures of surveillance equipment, and reports relating to the circumstances and measures taken in cases of accidental exposure or emergencyto be archived by the holder of the practice, until the worker has or would have attained the age of seventy-five years, and never for a period of less than thirty years, counted from the date of cessation of the worker in those activities that pose its classification as an exposed worker. Credit: QTS Realty Trust-2011. In addition the holder of the practice will need to provide this documentation to the Consejo de Seguridad Nuclear and, based on their own competence, public administrations, in the cases provided for in the laws, in addition to the courts and tribunals that request it. Also the Royal Decree 1316 / 1989, October 27, on the protection of workers against risks arising from exposure to noise at work which was subsequently repealed by Royal Decree 286/2006, of 10 March forcing businessman filed the appropriate documentation to the health of workers exposed for at least thirty years.

As a general rule, all these specific rules determined that if an employer ceases its activity, which succeed him would receive and would retain the previous documentation. If the cessation of the activity occurs without succession, the company should notify the competent labour authority, giving relocation of all documentation including medical histories. Finally, it is worth mentioning that there are also specific health surveillance protocols that set additional deadlines for the conservation of the sanitary documentation within the framework of the different labour standards. The protocols are not part of the legislation but have a great guideline value for employers, workers and their representatives and competent public administrations in the matter. Audea, safety of information Karol Sedkowski consultant Legal