New reform of the Occupational Risk Prevention Law: Essential guide for self-employed and SMEs

 

The objective is to update a regulation from 1995 that had become obsolete in the face of digitalization, teleworking, and new climate challenges, ensuring that both companies and workers operate in environments adapted to the productive reality of 2026.

Key points and novelties of the reform draft

The reform not only seeks to update concepts, but also to introduce operational changes that directly affect the daily management of small businesses and self-employed workers. Below, we break down the most critical points:

• Protection of minors: Activities in violent, pornographic, or industrial sacrifice environments are restricted. In addition, minors are prohibited from performing tasks where the pace is set by machines or where the salary depends solely on productivity (piecework).

• Mental health and emotional well-being: The law gives a leading role to moral integrity. Companies must implement proactive protocols against harassment and fatigue derived from the lack of digital disconnection.

• Return-to-work management: After prolonged absences due to illness, it will be mandatory to establish reintegration procedures that include specific preventive training for the worker.

• 21st-century risks: Factors such as thermal stress derived from climate change and ergonomic or psychological risks of telework are integrated.

• Technical support for SMEs: The figure of the territorial prevention agent is created to advise businesses without union representation. Likewise, the employer may personally manage prevention if they have up to 10 workers, benefiting from subsidized training.

Impact on the sanctioning regime and economic management

A fundamental aspect for the SME's pocket is the modification of the LISOS (Law on Infractions and Sanctions in the Social Order). The new text allows for a reduction of up to 40% in the amount of fines if the employer accepts early payment and waives administrative appeals. However, this benefit will not apply to infractions involving direct work accidents. To navigate this complexity, tools such as the Occupational Risk Prevention Memento become essential, offering the expert analysis necessary to comply with the law without errors.

The reform of the Occupational Risk Prevention Law marks a before and after in the preventive culture of our country. For freelancers and SMEs, it is no longer enough to comply with bureaucratic procedures; now protection must be comprehensive, covering from mental health to climate adaptation. Being informed and having reference guides is the only way to ensure business continuity and team integrity in this new legal scenario.