Starting this Friday, it is mandatory to evaluate the occupational risks of domestic workers: a new step towards equalization of rights

Starting this Friday, it is mandatory to evaluate the occupational risks of domestic workers: a new step towards equalization of rights

Although throughout Thursday afternoon the website Prevention 10 of the Ministry of Labor remained inoperative due to a “malicious attack”, this Friday, November 14, the obligation to carry out a occupational risk assessment for all people domestic workers in our country. This is a historic measure, which seeks to equate the protection of this group with that of other workers. He Royal Decree 893/2024of September 10, thus marks a fundamental change in the regulation of domestic work.

For the first time, employing families are obliged to identify, evaluate and document occupational risks that may affect domestic workers, including not only domestic accidents or physical risks, but also psychosocial aspects such as violence or harassment.

The objective is to “ensure effective protection of family home service workers,” according to the standard, which complies with additional provision 18 of the Occupational Risk Prevention Law. Thus, starting today, all hiring must be accompanied by a initial evaluation sheet which is delivered to the worker along with information on the preventive measures adopted.

If the evaluation detects risks, the employer must implement the necessary measures to eliminate or reduce them. For example, the delivery of personal protective equipment (PPE), the change of cleaning products or the adaptation of tasks during a pregnancy. In addition, a written record of the actions carried out must be left.

The standard also establishes that evaluations must be updated when working conditions change or an accident or incident occurs. Likewise, it is expected that workers will receive risk prevention trainingcertified by the State Foundation for Employment Training (Fundae), which will be validated in future domestic jobs.

The National Institute of Safety and Health at Work (INSST) enabled a free and accessible online tool, available through the portal prevention10.es. Through this application, employers can carry out the initial evaluation. The process takes place in a few simple steps:

  • Access the tool from the website and choose the “Family Home Service” option.
  • Task description: select the activities you do the working person, such as cleaning, cooking, ironing, child or elderly care, etc.
  • Risk identification: the system asks questions about physical (falls, cuts), chemical (cleaning products), biological (contact with waste) and psychosocial (isolation, stress or harassment) risks.
  • Prevention proposals: the application offers recommendations and measures correctives adapted to each situation.
  • Final document: a report is generated that must be signed and delivered to the worker, informing her of the risks detected and the measures applied.
  • Periodic review: the evaluation must repeat if there are changes in tasks, in the environment or after a work accident.
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In case of non-compliance, the Labor Inspection may impose financial sanctions: minor offenses can lead to fines of between 45 and 2,450 euros, while serious infractions can reach from 2,451 to 49,180 eurosdepending on the severity of the case.

The implementation of this obligation marks a before and after for a sector that continues to be marked by precariousness. According to Social Security data, there are currently about 340,000 people affiliated with the Special System for Domestic Employees. However, a study of Oxfam Intermón brings the total figure up to 565,000 workers, which implies that close to one in three operates in the underground economywithout a contract or full labor rights.

The majority profile is that of foreign womanwhich represents 87% of the group. Their average salary is around 1,100 euros per month for a full day, equivalent to the minimum wage, and 38% declare having difficulties covering their basic expenses.

The Ministry of Labor frames this new obligation within a broader policy to dignify domestic employment. In recent years, the Government has promoted measures such as mandatory contributions from the first hour, unemployment coverage and the ratification in 2022 of Convention 189 of the International Labor Organization (ILO) on decent work for domestic workers.