Factory compliance: the risk map starts with the spill and the accident
Nextica Law & Tax implements an industrial company's compliance programme with its real risk map, which is not an office's: offences against natural resources and the environment under arts. 325 to 331 of the Criminal Code, offences against workers' health and safety, and liability arising from subcontracting. It includes the internal reporting channel that Law 2/2023 requires from fifty people upwards, the code of conduct and control policies, the compliance body and role-based training — focused on the shop floor, not only on management.
A factory's criminal risk map looks nothing like an office's: it starts with the spill and the accident.
What's included
1. A criminal risk map for the plant, not for an office
emissions and discharges, hazardous waste, chemical substances, machine safety and high-risk work.
2. Reviewing the subcontracting chain and the contact points that multiply exposure, with coordination of activities as a control.
3. Designing controls by process and by role, with named owners and evidence of execution, not just written policies.
4. An internal reporting channel with real confidentiality, response deadlines, a ban on retaliation and a named officer.
5. A code of conduct and differentiated training for management, supervisors and shop-floor staff, in the language people actually work in.
6. A compliance body with resources and direct access to the management body.
7. Periodic review of the programme when the production process changes, because a risk map from three product lines ago no longer describes the plant.
A FACTORY'S RISK MAP STARTS WITH THE SPILL AND THE ACCIDENT
A generic anti-bribery and gifts manual covers none of what can actually happen in a plant.
A programme copied from another company
what is assessed is not that it exists, but that it was suitable to prevent the offence actually committed. A programme that does not cover the real risk is not a mitigating factor, it is a document.
arts. 325-331 Criminal CodeA reporting channel set up as a suggestion box
without real confidentiality, response deadlines, a ban on retaliation and a named officer it does not comply, and it also loses its purpose —in a plant the channel is where the spill someone saw or the machine with its guard removed shows up first.
Law 2/2023Subcontractors left outside the programme
the subcontracting chain multiplies the points of contact with risk, and coordination of business activities is a duty of the site holder that is penalised regardless of who the employer is.
art. 42 Workers' StatuteMOST COMMON CRIMES IN THE BUSINESS FIELD
| Crime | CP Precept | Sectors with the highest exposure |
|---|---|---|
| Crimes against the Public Treasury and Social Security | Art. 305-310 bis | All sectors |
| Money laundering | Art. 301-304 | Financial services, real estate, jewelry, casino |
| Corruption between individuals (bribery) | Art. 286 bis | Pharmaceutical, food, construction, distribution |
| Fraud and misappropriation | Art. 248-254 | Services, technology, finance |
| Crimes against worker safety | Art. 316-317 | Construction, industry, logistics |
| Environmental crimes | Art. 325-331 | Chemical industry, food, agriculture |
| Cyber crimes | Art. 197 bis et seq. | Technology, digital services, telecommunications |
Crimes against the Public Treasury and Social Security
Money laundering
Corruption between individuals (bribery)
Fraud and misappropriation
Crimes against worker safety
Environmental crimes
Cyber crimes
Frequently asked questions
Why can't an industrial company's compliance programme be copied from another firm?
Because a programme only works if it grows out of its own risk map, and a plant's is different: emissions and discharges, hazardous waste management, chemical substances, machine safety, working at height and confined spaces, and a chain of subcontractors that multiplies the contact points. A generic anti-bribery and gifts manual covers none of those, and a programme that does not cover the real risk is not a mitigating factor: it is a document. What is examined is not that it exists, but that it was suitable to prevent the offence actually committed.
From how many employees is a reporting channel mandatory?
Law 2/2023 requires it for companies with fifty or more workers, and also, regardless of size, in certain sectors and situations the law itself lists. But the threshold is the least of it: in a plant the channel is where the spill someone saw, the machine with its guard removed and the subcontractor who does not train its people show up before they show up anywhere else. Setting it up properly —real confidentiality, response deadlines, a ban on retaliation and a named officer— turns an obligation into the factory's first alert system.
Cases we have worked on
- industria
Reestructuración de un grupo familiar sin conflicto
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