When work organisation becomes a key element of occupational risk prevention. Psychosocial risks in the workplace have become increasingly relevant within the management of occupational health and safety. Digitalisation, permanent connectivity, hybrid working models and increasingly complex organisational structures have created new ways of working that also require an appropriate preventive response.
Occupational risk prevention can no longer be limited to avoiding physical accidents or controlling risks associated with machinery, facilities or hazardous substances. Workload, autonomy, working time, management styles, professional relationships and the way organisational changes are handled may all have a direct impact on employees’ health.
In this context, the management of psychosocial risks forms part of the company’s occupational risk prevention obligations and should be integrated into its overall prevention system. For companies, the challenge is to identify risk factors, assess their impact and implement appropriate preventive measures before a potential risk develops into actual harm to an employee’s health.
Occupational risk prevention as an employer obligation
The general legal framework is established by the Law 31/1995 of 8 November on Occupational Risk Prevention.
The legislation establishes employees’ right to effective protection in matters of occupational health and safety and, correspondingly, the employer’s duty to guarantee such protection in all aspects related to work. Article 15 also requires companies to take into account work organisation, working conditions and social relationships when planning preventive measures.
This is particularly relevant when assessing psychosocial risks.
Prevention does not begin only when an employee develops symptoms of stress, anxiety or burnout. The employer’s obligations begin with identifying working conditions that may create risks and continue through their assessment, planning and monitoring.
Psychosocial risks should therefore form part of the company’s occupational risk assessment where the characteristics of the activity make this necessary.
What are psychosocial risks?
Psychosocial risks are those associated with the organisation, content and performance of work and with the interaction between working conditions and the people carrying out the activity.
Factors that may require particular attention include workload and work pace, lack of autonomy, time pressure, working time arrangements, clarity of responsibilities, management styles, interpersonal relationships and certain forms of work organisation.
It is important not to confuse the risk factor with the resulting harm.
An excessive workload, for example, may constitute a psychosocial risk factor. Stress, anxiety or another health condition that may eventually arise from certain working conditions is a different matter that must be assessed from the appropriate preventive, medical and legal perspectives.
This distinction is important because the company’s response should not begin only once harm has already occurred.
Psychosocial risk assessment: the starting point
Effective prevention requires an understanding of the actual conditions under which work is performed.
Article 16 of the Law on Occupational Risk Prevention provides that preventive action must be planned on the basis of an initial risk assessment and that the assessment must be updated when working conditions change and, in any event, when harm to health occurs and a review is required.
In relation to psychosocial risks, this means that a company should not assume that an assessment remains valid indefinitely simply because no significant problems were identified at a particular point in time.
Changes to the organisation, new technologies, changes in working hours, the introduction of remote working, restructuring or significant changes in team management may justify reviewing previously assessed working conditions.
An appropriate assessment allows the company to identify the main risk factors and establish preventive measures adapted to the organisation’s actual circumstances.
Main psychosocial risk factors in the workplace
There is no single form of psychosocial risk. Its manifestation will depend on the activity, organisation and specific characteristics of each position.
Among the factors that should generally be considered are workload and work pace, particularly where there is sustained time pressure, difficult-to-achieve targets or an unbalanced distribution of tasks.
The level of autonomy and decision-making capacity available to employees may also be relevant, as may the degree of control they have over the organisation of their work.
Management and communication styles can also influence the working environment. Lack of clarity regarding responsibilities, contradictory instructions, inadequate communication channels or certain management dynamics may become psychosocial risk factors.
Finally, working time organisation and digital disconnection are particularly relevant in organisations characterised by high levels of connectivity or expectations of availability outside normal working hours.
These elements should be assessed together and in light of the actual characteristics of the organisation.
Remote and hybrid working: new factors requiring assessment
The transformation of working models has also changed the way certain psychosocial risks need to be addressed.
Remote working can provide greater flexibility and autonomy, but it may also create specific risks relating to professional isolation, difficulties in separating work and personal life, permanent availability or the loss of certain forms of in-person interaction.
Companies using hybrid or remote working models should therefore incorporate these circumstances into their preventive policies.
Prevention should also be coordinated with the regulation of remote working and the right to digital disconnection. In this context, companies should also review their internal policies relating to remote working in Spain and working time organisation.
Having a remote working policy does not replace the occupational risk assessment. Both elements should operate together.
Psychosocial risks, workplace conflict and harassment
Psychosocial risks are also closely connected with the way professional relationships are managed within an organisation.
An interpersonal conflict does not necessarily constitute workplace harassment. Similarly, tension within a team does not automatically amount to a serious psychosocial risk.
Companies should have appropriate mechanisms for identifying, managing and resolving conflicts before they develop into more serious situations.
Where there are indications of workplace harassment, sexual harassment or harassment on grounds of sex, the company must also consider the specific obligations applicable to the situation.
In particular, Article 48 of Organic Law 3/2007 of 22 March on the effective equality of women and men establishes specific employer obligations regarding the prevention of sexual harassment and harassment on grounds of sex, including the adoption of appropriate measures and procedures.
Psychosocial risk prevention should therefore be coordinated with internal equality policies, reporting mechanisms and investigation procedures for conduct that may affect employees’ dignity.
Mental health and prevention: acting before harm occurs
The protection of occupational mental health should not be addressed exclusively from a reactive perspective.
Where a company identifies indicators of excessive workload, recurring conflicts, absenteeism associated with particular organisational conditions or any other circumstance that may reveal a risk, it should assess whether its preventive measures need to be reviewed.
This does not mean that every mental health problem necessarily has a work-related origin. Establishing a causal relationship between a medical condition and the workplace requires a specific assessment.
It does mean, however, that where organisational factors may affect employees’ health, those factors should be incorporated into the company’s preventive management.
Prevention should focus on addressing the working conditions that generate the risk rather than simply managing the consequences once harm has occurred.
What liabilities may a company face?
Failure to comply with occupational risk prevention obligations may result in different forms of liability.
From an administrative perspective, the Consolidated Law on Social Offences and Sanctions (LISOS) classifies certain conduct relating to failures to integrate prevention, inadequate risk assessments and failure to implement the necessary preventive measures as administrative offences.
There may also be liability under the Social Security system. Article 164 of the General Social Security Law provides for a surcharge of between 30% and 50% on certain benefits arising from an occupational accident or occupational disease where the statutory requirements are met, including a failure to comply with applicable health and safety measures.
Depending on the circumstances, civil liability for damages may also arise, as well as criminal liability where the requirements established under criminal law are satisfied.
There is therefore no single legal consequence for a failure to manage psychosocial risks. The applicable liability will depend on the nature of the breach, its consequences and the specific circumstances of the case.
The role of Human Resources in managing psychosocial risks
Psychosocial risk prevention is not exclusively the responsibility of the occupational risk prevention service.
Human Resources plays an important role because many of the conditions that need to be assessed are directly related to the organisation of work: working hours, workload, allocation of responsibilities, performance management systems, management styles, team management and internal procedures.
Coordination between Human Resources, management, team leaders, occupational risk prevention services and legal advisers allows the company to adopt a more comprehensive approach to risk management.
This coordination becomes particularly important when organisational changes take place.
A restructuring, change in working hours, implementation of new technologies or significant change in team structure may have preventive implications that should be assessed before implementation.
International companies: adapting global policies to Spain
Multinational companies often have global corporate policies relating to health, wellbeing and prevention.
However, these policies cannot simply be applied in Spain without considering the specific requirements of Spanish legislation.
Companies must ensure that their international procedures are compatible with the Spanish occupational risk prevention framework and that responsibilities are appropriately allocated between central management, local managers and prevention services.
This coordination is particularly important where companies operate with international teams, hybrid working models or management structures shared across different countries.
Psychosocial risks as part of employment compliance
Psychosocial risk prevention should form part of a broader employment compliance strategy.
The objective is not merely to avoid sanctions. An effective preventive system allows companies to identify organisational problems, reduce legal contingencies, improve conflict management and establish consistent procedures for responding to risk situations.
From this perspective, psychosocial risk assessments, internal policies, harassment protocols, reporting channels and investigation procedures should form part of a coherent framework.
At Suárez de Vivero, we advise national and international companies on employment compliance, work organisation, internal policies, conflict management and the prevention of legal risks arising from employment relationships.
What should companies review?
Managing psychosocial risks requires companies to periodically assess whether their preventive measures remain appropriate for the organisation.
Companies should verify that their risk assessments cover the relevant psychosocial factors, that preventive measures have actually been implemented and that there are appropriate mechanisms for identifying new risks.
It is also advisable to review procedures relating to remote working, digital disconnection, conflict management, harassment, equality and internal reporting channels.
Where significant organisational changes occur, companies should assess whether those changes affect the existing preventive assessment and whether it needs to be updated.
Effective prevention is not about accumulating documents. It is about ensuring that the measures established by the company are genuinely incorporated into its day-to-day management.
Effective prevention requires work organisation and occupational health to be integrated
Psychosocial risks in the workplace are not an isolated Human Resources issue or a concept exclusively associated with mental health.
They are part of occupational risk prevention and are connected with the way a company organises work, allocates responsibilities, manages teams and responds to situations involving conflict or excessive workload.
Spanish legislation requires prevention to be integrated into the organisation and risks to be assessed taking into account actual working conditions.
For companies, the key issue is therefore not simply having a psychosocial risk assessment, but being able to demonstrate that identified risks have been properly analysed and that appropriate preventive measures have been adopted where necessary.
At Suárez de Vivero, we advise national and international companies on occupational risk prevention, employment compliance, internal policies, conflict management, harassment and employment relations.
Frequently Asked Questions About Psychosocial Risks in the Workplace
Is it mandatory for companies to assess psychosocial risks?
Yes. The general risk assessment obligation established by the Law on Occupational Risk Prevention covers the risk factors present in the company’s activities, including those relating to work organisation and psychosocial working conditions where applicable. Article 16 of the LPRL also requires the assessment to be updated when working conditions change or when harm to health occurs and a review becomes necessary.
What is the difference between a psychosocial risk factor and harm to health?
A psychosocial risk factor is a condition relating to work organisation or working conditions, such as excessive workload, certain working hours or limited autonomy. Harm to health is the consequence that may arise from exposure to a particular risk factor. Exposure to a risk factor does not necessarily mean that an employee has developed a medical condition.
Does workplace harassment form part of psychosocial risk management?
Workplace harassment may constitute a psychosocial risk and must be addressed from both a preventive and fundamental-rights perspective. However, general psychosocial risk assessment should not be confused with the specific investigation of a harassment complaint.
Is a workplace harassment protocol mandatory?
This depends on the type of harassment and the specific obligations applicable to the company. In particular, Article 48 of Organic Law 3/2007 establishes specific obligations concerning the prevention of sexual harassment and harassment on grounds of sex. Other obligations may also arise from employment legislation, collective bargaining agreements and the specific circumstances of the company.
Can psychosocial risks result in employer liability?
Yes. Depending on the circumstances, a failure to comply with occupational risk prevention obligations may result in administrative liability, a Social Security benefit surcharge, civil liability and, in certain cases, criminal liability.
Can a mental health condition result in a Social Security benefit surcharge?
It may do so where the statutory requirements are met. Article 164 of the General Social Security Law provides for a surcharge of between 30% and 50% on certain benefits arising from an occupational accident or occupational disease where the circumstances established by law apply and there has been a failure to comply with health and safety measures. It does not apply automatically merely because an employee has a mental health condition.
Does remote working change the company’s prevention obligations?
Remote working does not eliminate the employer’s duty of protection. The company must adapt its preventive management to the characteristics of remote work and assess the specific risks associated with this way of organising work.
Who is responsible for managing psychosocial risks within a company?
Prevention must be integrated into the company’s overall management system. Human Resources, management, team leaders, occupational risk prevention services and, where appropriate, legal advisers should coordinate to identify and properly manage psychosocial risks.
