The joint and several liability for the principal employer on prevention of occupational risks

Abstract

The aim of this paper is to analyse the joint and several liability for the principal employer that the article 42.3 of Royal Legislative Decree 5/2000 of 4 August, on Offenses and Penalties in the Social Order, regulates.

Firstly, it is examined the scope of that provision defining the concrete situation in which this special responsability operates –contracts relating to the rightful activity of principal employer which are carried out in his own workplace–, the type of liability affected for joint and several and the extent of this liability in subcontracting chains.

Subsequently, it is described the relationship between joint and several liability and principle of culpability, so that it will be necessary to examine the duty of surveillance that the article 25.1 of Law 31/1995, of 8 November, on Prevention of Occupational Risks, requires to principal employer.

Finally, dealing with administrative penalties system, the article offers a critical reflection on joint and several liability.