Is your organisation obligated? The threshold is per workplace, and seasonal peaks count

This is the part that decides the size of your project, and the part most organisations get wrong. It tells you how many plans you have to write — which may be zero, one, or five.

The rule

Art. 26.1 of Law 9/2025, as amended by art. 63 of RDL 7/2026, sets the threshold per workplace: more than 200 people, or 100 per shift.

“Workplace” uses art. 1.5 of the Workers’ Statute: a productive unit registered as such with the labour authority. The same company can end up with several plans, or none.

The official criteria, question by question

The Ministry of Transport’s official FAQs are advisory technical guidance, not binding interpretation — but they are the best available criteria today.

Question	Official criterion
Company or workplace?	Workplace, per art. 1.5 of the Workers’ Statute
Only exceeds the threshold a few months a year?	Still obligated. The law does not distinguish permanent from temporary excess; the plan must address the site’s highest-occupancy periods
How are temporary contracts counted?	Art. 72 of the Workers’ Statute. Permanent-seasonal and contracts over one year count as permanent; up to one year, every 200 days worked in the previous year counts as one person
Remote workers?	They count, at the workplace they are assigned to
Interns and training contracts?	Art. 11 training contracts count. Interns without an employment relationship do not, but their journeys still belong in the plan
Contractors and subcontractors?	They do not count towards the threshold, but their mobility needs belong in your plan if they work at your site regularly
The 100-per-shift limit?	Only where there are two or more shifts. With a single shift, only the 200 threshold applies
One document for a whole group?	Yes, provided it identifies and responds to the needs of each obligated site

Your first deliverable is not the plan

It is the census of workplaces: labour-authority registration, average headcount, peak simultaneous headcount and when it happens, the art. 72 calculation for temporary staff, and the shift structure. Only then do you know how many plans you need — and it is what you show an inspector to justify why there are N plans and not N+2.

Seasonal peaks: the case everybody gets wrong

A site that runs at 150 people all year and rises to 400 for six weeks is obligated — and its plan has to talk explicitly about those six weeks. This affects more organisations than expected:

Sector	Typical peak
Wineries	Harvest, 4–8 weeks
Fruit, vegetable and olive processing	Picking and canning
Logistics and e-commerce	Black Friday to January
Hospitality and tourism	High season
Sugar, cereal and feed mills	Milling campaign
Retail and construction	Christmas; project ramp-up

Worked example: a winery during harvest

A winery with 150 people year-round and 400 during a six-week harvest is obligated: the peak triggers it, and the art. 72 count may push the annual average up too. A plan describing only the ordinary season does not comply.

Seasonal harvest workers are also usually the group with the worst access — night shifts, heavy private-car use with informal high occupancy, dispersed accommodation, secondary roads at dawn. That is precisely the in itinere risk profile art. 26.3 requires you to address.

Field transport (crews, vans) and tractors hauling grapes are not commuting, and neither is product distribution. State that boundary in the scope section. Substitute “harvest” for “high season” or “Christmas peak” and the reasoning is identical.

One document or several?

With multiple obligated sites, a single corporate document with a chapter per site is normally better: the Ministry allows it, it avoids writing five plans that say the same thing, and governance and indicators stay consistent. Each site must still be identifiable, with its own diagnosis and measures. The trade-off is negotiation — employee representation is constituted per site, so a group document still needs it covered at every obligated site.