The posting of workers to Spain in the context of the transnational provision of services is becoming increasingly common, particularly in sectors such as construction, manufacturing, installation services and transport. These workers often join unfamiliar workplaces at short notice, where they encounter different equipment, procedures and, frequently, a language other than the one they are accustomed to.

This situation exposes them to greater risks and requires companies to strengthen their occupational health and safety measures. Health and safety at work are among the core employment conditions that must be guaranteed throughout the posting period, regardless of the country of origin of the company sending the workers.

For this reason, it is highly advisable to review all occupational health and safety documentation before any posting begins, particularly when contractors and subcontractors are involved.

Why Are Posted Workers Particularly Vulnerable?

Posted workers face several factors that, when combined, increase the likelihood of workplace accidents. The most common include:

• Lack of familiarity with the workplace, its facilities and associated risks.
• Language barriers that make it difficult to understand instructions, safety signs and emergency procedures.
• Short assignments and rapid onboarding, often with insufficient or no training.
• Complex subcontracting chains in which responsibility for occupational health and safety may become unclear.
• Work equipment and personal protective equipment (PPE) that differ from those they normally use.

Employers’ Obligations

Employers have a general and ongoing duty to protect their workers (Article 14 of the Spanish Occupational Risk Prevention Act – LPRL). This obligation remains in force even when workers are posted to another country or when occupational risk prevention services are outsourced.

Furthermore, the cost of preventive measures must never be borne by workers (Article 14.5 of the LPRL).

In practice, employers must ensure:

• Risk assessment: An assessment of the specific position and workplace where the employee will carry out their duties, rather than relying solely on assessments conducted in the country of origin (Article 16 of the LPRL).
• Information and training: Appropriate theoretical and practical training provided during working hours, before work begins, and adapted to ensure that workers fully understand it (Articles 18 and 19 of the LPRL).
• Work equipment and PPE: Suitable equipment and personal protective equipment provided free of charge, with proper maintenance and monitoring of their use (Article 17 of the LPRL).
• Health surveillance: Occupational health surveillance offered to all workers, including temporary employees (Article 22 of the LPRL).
• Coordination of business activities: Effective coordination between the company responsible for the workplace, the principal contractor and subcontractors (Article 24 of the LPRL).
• Occupational health and safety documentation: Relevant preventive documentation available for inspection by the Spanish Labour Inspectorate (Articles 23 and 40 of the LPRL).

Who Is Liable in the Event of Non-Compliance?

Failure to comply with occupational health and safety obligations may give rise to four types of employer liability: administrative liability, a 30% to 50% surcharge on social security benefits in the event of a work-related accident (which cannot be covered by insurance), civil liability and criminal liability.

In the context of posted workers, this issue is particularly relevant: it is essential to carefully assess all projects involving contractors and subcontractors.

Therefore, compliance with occupational health and safety regulations is not merely an administrative requirement. It is about protecting people’s lives and health while avoiding potentially costly penalties and legal claims.

For posted workers, preventive measures must begin before their arrival, through risk assessments, training, coordination and properly documented evidence of compliance. Effective advance planning reduces the risk of workplace accidents and helps protect companies in the event of a labour inspection.

How Can Feliu N&I Help You?

At Feliu N&I, our team of professionals specialising in international mobility and employment law can help your company manage the posting of workers to Spain while ensuring compliance with applicable regulations.

We provide advice on reviewing legal and documentation requirements, coordinating occupational health and safety obligations, and identifying potential risks associated with worker postings, particularly when contractors and subcontractors are involved.

Our goal is to facilitate safe, efficient and legally compliant worker postings, helping your company prevent regulatory breaches and potential penalties.

If your company is currently posting workers to Spain or is planning to do so, contact our team. At Feliu N&I, we will be pleased to advise you and support you throughout the entire process.

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