Orígenes y Fundamentos de la Prevención de Riesgos Laborales en España (1873-1907)
Like any branch of legislation, the regulations on safety and hygiene at work have followed a concrete, historical regulatory course, a knowledge of which is essential for an adequate understanding of its purpose and current configuration. This doctoral thesis tries to probe the origins of the safety and hygiene regulations in Spain. The importance of a historical analysis of the establishment of the regulations dealing with the prevention of labour risks, besides having an undeniable value with regard to interpreting the current regulations, has, if this is possible, an even greater relevance from an ontological perspective. In that sense historical research is shown as an essential hermeneutical instrument in the task of understanding the very essence, the raison detre of safety and hygiene at work.
The thesis starts from the hypothesis that the origins and the groundwork of the prevention of labour risks in Spain take place between 1873 and 1907. This coincides with the enactment of the first social legislation and with the beginnings of scientific interventionism in labour relations, not only in the theoretical legislative field but also as regards the concrete application of the first preventive rules by the different protagonists involved in the framework of production relations as well as the interpretation and application of the rules dealing with safety and hygiene matters by the judges and the courts up to the establishment of industrial courts.
This doctoral thesis is structured into four chapters. The first deals with the first legal manifestations of the prevention of working risks and the role played by the Comisión de Reformas Sociales between 1873 and 1900. The second chapter begins in 1900, the starting point for social law in our country and for the creation of our legislation in safety and hygiene matters. This chapter is mainly devoted to the analysis of the Ley de Accidentes of 1900, the regulations deriving from it and to the remaining preventive measures in our incipient social law. The judicial interpretation of these provisions in the period between 1900 and 1907 is analysed thoroughly in the third chapter, which deals with it according to the specific questions to be resolved and the issuing body. Finally, the fourth chapter is dedicated to the high importance of scientific interventionism in the area of safety and hygiene at work and to the huge volume of work in preventive matters carried out by the Instituto de Reformas Sociales between 1903 and 1907.
This thesis explores the existing historical connection between preventive and restorative legislation as two approaches to the same problem, examining in depth the way in which the legislation on prevention, the establishment of preventive consciousness and the configuration of the system of employer responsibility for accidents at work inter-relate dialectically. With regard to the regulations analysed, the rules on safety and hygiene at work contained in social legislation are examined in depth, and also those regulating working periods and those referring to social previsions and the regulators of employer responsibility, in as much and as far as they appear inseparably linked in the period of analysis, prevention and reparation. To all this must be added the analysis of various institutions classified as central to laboral law , key amongst which one must highlight the process derived from accidents at work and work inspection.
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Advisor:Espuny Tomás, Maria Jesús
School:Universitat Autónoma de Barcelona
Source Type:Master's Thesis
Keywords:439 departament de dret public i cc historicojuridiques
Date of Publication:10/26/2007