C. concurrence of workers from several undertakings in a workplace where there is a main employer (one who contracts or subcontracts with other entrepreneurs or self-employed, the realization of works or services corresponding to the own activity from that). In this case, the main employer has the duty of ensuring compliance with preventive obligations, and will require written accreditations to contracted companies, that have assessment of risk or preventive planning. The self-employed are affected in the same way that companies whose workers engaged in activities in a same work center.Perhaps the construction sector par excellence in which self-employed workers, they provide services to small contractors and subcontractors, and therefore is the sector in which there are more cases of coordination of business activities. Use or not other people, self-employed worker should participate in coordination activities with the rest of workers involved in the work, and equally, ensure your own safety and health at work as well as properly use of work equipment.Therefore, a worker for own-account or self-employed, has obligations in prevention, provided that it has the duty of coordination of business activities, and of course if you have a worker or more dependants. In law 20/2007, of the Statute of the autonomous work, is responsible for the administrations to carry out specific plans of training in prevention, adapted to the situation of the self-employed.
Likewise recognizes that employers will have the same obligations as regards self-employed workers engaged in activities for them, than the conferred by the law on prevention of occupational risks (cooperation, information, duty of surveillance, etc.) with regard to the protection of employees on behalf of others, and that the self-employed may be interrupted its work when it considers risk to his life or health.It is not required to apply for medical fitness to the self-employed worker, individually considered, due to the absence of entrepreneur who take responsibility of this obligation. Yes must ensure the right to the protection of the health of potential workers self-employed self-employed worker boasted.There are various modalities that a self-employed worker can choose to organize prevention, (discarding the own prevention service): 1.-the self-employed worker may personally assume management of prevention (exception made of the health surveillance), provided, you have contracted to less than ten workers, that the activities are not included in the Annex I of the Royal Decree 39/1997, regularly develops his professional activity in the workplace and having the corresponding preventive functions capability that will develop. 2. The employer may designate one or several workers to manage the preventive activity, provided he has not assumed. 3. Finally, when not be able to assume for the company management of prevention, can resort to an external prevention service. Poor preventive culture, as well as the lack of knowledge of the self-employed, on the legislation of PRL, is important; just as elementary is, the need to educate a collective that represents twenty percent of the employed population.