RESPONSIBILITY OF THE WORKER IN THE OBSERVANCE OF THEIR OBLIGATIONS REGARDING THE PREVENTION OF WORK RISKS AND IMPROVING THEIR PROTECTION

Although it may give the impression that everything has been said about the duty that corresponds to the workers, to observe the employer's instructions and to comply with the regulations on the prevention of occupational risks, there are still doubts about their interpretation and consequent application. Recurring aspects such as, if there is any type of administrative responsibility in the worker or the basis of his responsibility; the border between reckless and professional recklessness, or the behavior of the worker in the event of the appearance of a serious and imminent risk, have been addressed with the aim of providing legal certainty to these situations. Other newer issues, such as a rethinking of the worker's obligations, whether it would be possible to establish others or suppress some of them, or finally, the possibility of incorporating into the Workers' Statute a catalog of infractions and subsidiary sanctions to those of the collective agreement, as well as a statistic of the causes of the risk, are some of the proposals, which are contained in this study, together with the need to promote or enhance the three keys that are pointed out in the conclusions and proposals for improvement, on the protection of workers in matters of occupational risks.