Many foreign companies starting construction projects in Spain encounter the requirement to have a recurso preventivo when first uploading documents to online platforms for construction projects. At first glance, it can be confusing, as dictionaries translate this term literally as “preventive resource.” In practice, Spanish occupational health and safety regulations differ from those in other countries, and failure to meet local requirements can result in delays, fines, or even work stoppages. This article provides a concise guide on who a recurso preventivo is, when it is required, the necessary training, and recognition of foreign qualifications.
Who is a recurso preventivo?
A recurso preventivo is a company employee responsible for supervising occupational health and safety during particularly hazardous or high-risk work. They must have the proper training and be formally designated by the company. Their role on-site is to prevent accidents and ensure compliance with health and safety regulations. They should not be confused with the safety coordinator, who has a different role on construction sites.
If a foreign company does not have its own recurso preventivo on-site, it can hire one from an external local occupational health and safety provider. This can be costly, as the specialist must be present for the duration of the work.
Legal framework for recurso preventivo
The requirement for a recurso preventivo is established in two main legal instruments:
- Law 31/1995 on occupational risk prevention (specifically Article 32 bis)
- Royal Decree 39/1997, regulating Prevention Services and expanding on RD 39/1997 provisions
When is a recurso preventivo required?
A recurso preventivo is mandatory when:
- Performing particularly hazardous work listed in the annexes of RD 1627/1997 (working at heights, confined spaces, risk of falling, high electrical loads, etc.)
- The safety plan (Plan de Seguridad y Salud) specifies its necessity
- The safety coordinator or labour inspector has required it
This applies to both Spanish companies and all foreign companies entering a Spanish construction site as contractors or subcontractors.
Who must appoint a recurso preventivo?
Every company performing construction work in Spain must appoint a recurso preventivo:
- Main contractor: responsible for appointing it for their own employees and directly contracted companies, and for overall site safety organization
- Subcontractors: must appoint a recurso preventivo for their work, regardless of staff numbers or scope of work
- Foreign companies: must appoint their own recurso preventivo if the nature of the work requires it, and the company must also:
- Be registered in REA (Registro de Empresas Acreditadas)
- Ensure the person has training recognized under Spanish law
Required training and qualifications
The recurso preventivo must have training compliant with Spanish regulations:
- Basic level: 60 hours (Prevención de Riesgos Laborales – Nivel Básico)
- Depending on the type of work, specialized courses approved by the Fundación Laboral de la Construcción (FLC)
Recognition of foreign qualifications
Foreign occupational health and safety courses are not automatically recognized for the role of recurso preventivo. Key requirements:
- Training must comply with RD 39/1997
- In construction, possession of a TPC (construction worker card) or FLC-approved courses is usually required
- Foreign courses may be partially recognized but generally require:
- Certified translation of certificates into Spanish
- Confirmation by the Spanish Prevention Service or verification during REA registration
Without official recognition, an employee cannot act as a recurso preventivo on a Spanish construction site.
Courses can be taken in a blended format, combining in-person and online training. Check course start dates in advance to complete the required 60 hours on time.
More information on recurso preventivo courses is available on the official website of Fundación Laboral de la Construcción: https://www.fundacionlaboral.org