Royal Decree 893/2024, of 10 September, regulating health and safety protection in the field of family home services, has been published in the Official State Gazette (BOE). The regulation came into force on 12 September 2024, but the specific obligations will not be enforceable until six months after the availability of the risk assessment tool by the INSST from the Ministry of Labor and Social Economy.
The regulation develops the provisions of the Law on Prevention of Occupational Risks to improve the protection of workers employed in the family home and in home help services.
Main novelties for workers
1. Prevention of occupational risks:
Effective occupational health and safety protection: Employers shall carry out a risk assessment in the family home, ensuring safe working conditions for employees. This assessment shall be carried out initially and periodically when necessary.
2. Training and health surveillance:
Right to preventive training: Workers have the right to receive training in prevention when they are hired and additional training in cases of exceptional risks. This training will preferably take place during the working day and will be free of charge.
Periodic health surveillance: The right to health surveillance is established, including the possibility of appropriate, voluntary and free medical check-ups, at least every three years, promoted by the Ministry of Health.
3. Right to stop work:
Female employees may suspend their activity if there is a serious and imminent risk to their safety and must inform the employer in advance.
4. Prevention of violence and harassment:
Protection against all forms of violence and harassment: Protection against violence and harassment, including sexual harassment and discrimination, is guaranteed. In addition, leaving the home in situations of violence will not be considered resignation or cause dismissal.
Obligations for employers
- Risk assessment and preventive measures
Risk assessment and updating of risks: Obligation to carry out an initial assessment and update it when working conditions change or damage occurs. In addition, preventive measures must be taken and documented in writing, and workers must be informed of them.
Online assessment tool: The risk assessment must be carried out using an online tool provided by the National Institute for Safety and Health at Work (INSST). This tool will be available by 11 July 2025.
• Provision of work equipment and personal protection
Adequate personal protective equipment (PPE) must be provided free of charge to women workers and replaced when necessary.
• Information and organization of prevention
All necessary information on risks and preventive measures must be provided, with the possibility of delegating preventive activities to a member of the family or contracting an external prevention service.
Preventive specialties in home help services
RD 893/2024 introduces a new provision that specifies the preventive obligations in Home Help Services (SAD), highlighting:
- Complete risk assessment: Carrying out occupational risk assessments by means of on-site visits to all homes where services are provided.
- Adequate preventive measures: Implementation of technical and organizational measures necessary to guarantee an adequate level of protection, with consultation and participation of the prevention delegates.
Technical guide and action protocol
Within one year, the INSST will draw up a technical guide on the prevention of occupational risks in domestic work and a protocol for action in situations of violence and harassment.
Entry into force
The Royal Decree comes into force on 12 September 2024, however, the requirements of certain applicable obligations will come into force six months after the publication of the risk assessment tool by the INSST by the Ministry of Labor and Social Economy. The application of the new standard is thus conditional:
– Publication of the free risk assessment tool: before July 2025. (D.A. 1.ª of Royal Decree 893/2024, of 10 September).
– Publication of a protocol for action against situations of violence and harassment in domestic work: by October 2025. (D.A. 2.ª of Royal Decree 893/2024, of 10 September).
For further information, please consult with Labor advice.
If you found it interesting, share it on social networks, thank you!
