Individual Case (CAS) - Discussion: 2007, Publication: 96th ILC session (2007)

A Government representative thanked the Committee for giving his Government the opportunity to address the Committee regarding what it referred to as an individual case of progress, but which he preferred to term "good practice". Without wanting to reopen the debate on the working methods of the Conference Committee, he stated that at the next session of the Governing Body, he would propose an amendment concerning the terminology used and the need for cases of progress and cases of non-compliance with standards to be clearly distinguished. Therefore, there would be greater adaptation to the objective of the Conference Committee and the Committee of Experts, which was to ensure decent work for all.

The speaker stressed the development of legislation and practice in two essential fields: occupational health and safety, and equality, free of all discrimination, for all workers without distinction. Such development was the practical consequence of a constitutional mandate agreed upon some 30 years before by all the political parties and accepted in a referendum by the Spanish population. It established the monitoring of occupational health and safety as the driving force of Spanish socio-economic policy. Any improvements to the body of law and administrative practice in that field resulted from the strengthening of social democracy by the Government. From that social commitment came the current Act on the Prevention of Occupational Risks that included the European Union acquis and the provisions of Convention No. 155. The Committee of Experts stressed the significant change that the law had introduced in the preventive culture of occupational accidents and diseases. There was a genuine and exacting social demand in Spain for safe and healthy workplaces, with Parliament and the administration responding to that demand. In that regard, the Government representative recalled that the central administration of the State shared competences with the local government of the autonomous communities, and stressed that both fully agreed on accepting the obligations imposed by the constitutional mandate, which facilitated coordination and cooperation.

The speaker indicated the generalized nature of Spanish labour inspections, which enabled ensuring good occupational health and safety conditions to be linked with the other standards that also influenced respect for workers' rights, such as non-discrimination and full equality at work. That issue had been examined on several occasions by the Committee of Experts given that combating discrimination at work was one of the main roles of the ILO, since this issue constituted a distinctive indication of contemporary society and an indispensable requisite for social justice. The issue was expressed in 1889 by Spanish legislators in article 27 of the Civil Code, which provided for foreigners in Spain to enjoy the same civil rights as Spanish citizens. Furthermore, the Act on the Prevention of Occupational Risks did not contain any rules governing its scope of application, meaning that it applied to all workers, with the exception of special laws applying to military centres and penitentiaries. Public officials were also covered by the law.

Nevertheless, despite showing a positive trend, statistics on occupational accidents were unsatisfactory and the matter had been the subject of a particular demand by trade unions during the celebrations of 1 May. The Government shared their concern, as could be seen from the significant number of existing health and safety regulatory provisions, some of which were included in the Committee of Experts' report, and the severe penalties in case of non-compliance. For example, in order to promote a suitable culture of prevention among the working population, the Ministry of Labour launched a state media campaign particularly targeting employers and workers, and also encompassing the population at large, at a cost of some 4 million euros. The initiative was an integral part of the health and safety strategy forged by the Government and the social partners, which was integrated into the Plan for the Improvement of Occupational Safety and Health and the Reduction of Accidents.

The Government representative further indicated that on 4 May, the Council of Ministers had approved, on the proposal of the Ministry for Labour and Social Affairs, a Royal Decree on the form of publishing penalties for very serious offences concerning the prevention of occupational risks.

The speaker also cited an example from the Andalusian Administration, which had implemented the immigrant PREVEBUS campaign, aimed at preventing risks and targeting the immigrant population (particularly from the Maghreb, Ecuador and Romania). It includes a bus containing 15 computer stations, where training was provided by teachers from Romania, Poland, Spain and from the Maghreb, and a meeting room with space for 15 people was made available. The scheme combined prevention, risks and social, labour and personal integration for the immigrant population. Another example was the publication in five languages of the collective agreement and salary scales of collective agreements for sectors and activities with a significant foreign workforce. This demonstrated the efforts undertaken to continue reversing the trend in terms of occupational accidents. Nevertheless, the Government remained firm in its wish to surpass the target set by the European Union Employment and Social Affairs Commission of reducing the number of occupational accidents by 25 per cent during the period 2007-12.

The Government representative further stressed the efforts of the trade unions and the employers' associations, which, as a result of collective bargaining, had progressively adapted more general standards to the particular nature of companies and industries.

It should be recognized that, in many cases, occupational accidents occurred in clandestine or marginal labour sectors. Therefore, and in the name of equality, the labour inspectorate had launched campaigns affecting the irregular economy, which in 2006 in Andalusia alone saw some 100,000 inspections with corresponding penalties to a value of 14 million euros. Nevertheless, the best ways of solving those problems was through training and social dialogue. Social dialogue was a well-known government action. The new 2007-10 strategic plan for citizenship and integration, for which the Government had earmarked over 2 billion euros, influenced participatory issues, education, employment, housing, health and co-development. It could not be stated that migrants were the primary victims of accidents, but given the status of illegal migrants, they could suffer more than others. Therefore, the regularization of migrants undertaken by the Government had significant social effects on the equality of workers, because there was no greater discrimination than that which separated legal and illegal migrants. The speaker stressed that 578,375 illegal migrants had been regularized.

The issue of migration had been of great concern to the Spanish delegation at the Governing Body, the Tripartite Meeting of Experts on the ILO Multilateral Framework on Labour Migration, in the discussion on technical cooperation at the 95th Session of the International Labour Conference (May-June 2006) and the European Regional Meeting in Budapest in which the Government and the Secretary-General of the General Union of Workers (UGT) stressed the need for the ILO to become involved. The regularization or normalization procedures undertaken in Spain had been recognized by the ILO as a very good practice.

Lastly, the drive for equality had given rise to the criminal offence of racial harassment law. It could be considered as a form of harassment against which all possible prevention should be taken. Spain was currently a receiving country for migrants, without forgetting that it used to be a sending country, making it sensitive to the foreigners who accounted for 10 per cent of its population. Multiculturalism was fully accepted in Spain and the Alliance of Civilizations proposed by the Prime Minister was a further response to the demands of society, wishing to live together in peace and enjoy social justice, in applying the emblem of the International Labour Organization to which they belonged.

The Worker members concurred that Spain should be cited as a case of progress in the context of the application of the Convention. Public opinion could expect no less from a country hosting for a number of years the European Agency for Safety and Health at Work. They highlighted the following as particularly positive: the adoption of a new law on occupational safety and health that was mainly based on the concept of prevention; the 2005 governmental plan for the improvement of occupational health; the 2006 national plan for priority measures to reduce risks; and other initiatives. The Worker members hoped that future results would confirm the effectiveness of these measures, recognizing that results were never immediate in this field. Indeed, a policy of prevention was a long-term policy that called, in particular, for a radical change in mentalities and attitudes at work. The Worker members further welcomed the fact that these initiatives had been taken in cooperation with the representative employers' and workers' organizations. This way of proceeding provided undeniable evidence of a global tripartite approach characterized by strongly implicating the social partners in governmental politics: in Europe, the "Spanish model" had begun to become a point of reference. Indeed, this model gave reasons to rejoice in a world where, all too often, governments and employers hid behind the alibis of globalization and deregulation, in order not to establish the legislative framework necessary to guarantee the protection of workers. This positive evaluation also illustrated to what extent international labour standards could contribute to the constant improvement of national legislation and to its application in practice. The Worker members called on Spain to continue to deploy the same energy to ensure that the numerous migrant workers on its territory benefited from the same protection in terms of health as national workers. This approach should be accompanied by the recognition of the right of all workers to unionize, in view of the fact that, from the moment that workers were confronted with an irregular situation from the administrative point of view, this right became undeniably linked to the occupational safety and health issue. In substance, the Worker members conveyed to the Government their congratulations for what it had already achieved and their encouragement for what remained to be done.

The Employer members stressed that this was a case of progress. The Committee of Experts had noted with interest the adoption of a new Framework Act, which followed a preventative approach to occupational safety and health. The Employer members stated that measures at the level of the enterprise had to be supplemented by national policies, as envisaged by the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). They commended the Government for the progress achieved in promoting a culture of prevention under the 1998 Plan of Action, and also for relying on social dialogue in this context. A number of other instruments had been adopted to supplement the Plan of Action, all of which the Committee of Experts had considered to have contributed to improving the implementation of the Convention. Further, the Employer members noted that the legislation on occupational safety and health applied to all workers, irrespective of their legal status. They also noted the Government's great efforts to promote awareness of the relevant legislation, including through the dissemination of information materials in foreign languages, and encouraged the Government to continue its extensive promotional campaigns.

The Government representative welcomed the Employer and Worker members' praise. He reaffirmed Spain's commitment to rejecting all forms of discrimination in employment, to forging a policy for occupational health and safety and to protecting migrant workers. Such a pledge resulted from the regulatory will directing the European social model to which the Government was fully committed. Isolated cases of xenophobia could not conceal the fact that most foreigners habitually resident in Spain - even without being active workers - were genuinely and fully enjoying the quality of life prevalent in the country. The Government was active at all levels of the International Labour Organization, which was evidenced by its contribution to the budget and technical cooperation activities. International labour standards, in addition to the Convention's provisions, should be integrated into everyday life and used to promote globalization with decent work.

The Worker members, at the end of this by and large positive review, expressed the hope that the Government would report regularly on the progress achieved in the field of occupational safety and health, as well as on the expansion - in consultation with the social partners - of the measures envisaged in favour of migrant workers, in particular for those working in irregular situations (without work permits).

The Employer members stated that the Government should continue to report on the measures taken to ensure the Convention's application in law and in practice, as well as their impact.

The Committee took note of the statement by the Government representative and the discussion that followed. The Committee noted that the issues raised by the Committee of Experts in its observation referred to the efforts by the Government to improve the occupational safety and health situation for all workers in the country, including foreigners, through the adoption and implementation of a coherent national policy of prevention and targeted legislative and follow-up measures.

The Committee noted the information provided by the Government in which it underscored that the current national policy and legislative framework, including the shift towards a preventative safety and health culture, was part of a broader policy framework. This framework, which was aimed at the democratization of social progress, had been developed in close consultation with the social partners and rested on popular support articulated in a referendum. The Government also indicated that while the impact of its efforts had yet to be reflected in national statistics, it was a positive trend that reported accidents now tended to be less serious. With reference to its efforts to implement the legislative framework by codifying equal rights between nationals and foreigners in terms of occupational safety and health, the Government indicated that it had taken concrete measures such as launching multilingual information campaigns, carrying out intensified inspections and regularizing the status of more than 578,000 migrant workers.

The Committee noted that this case had been included in the list of countries as a case of progress which should serve as an example of good practice. It commended the Government for its comprehensive efforts to improve the occupational safety and health situation for all workers in the country and encouraged the Government to pursue the implementation of its national preventative safety and health policy in close cooperation with the social partners and the ILO. The Committee requested the Government to continue to report on progress made in the implementation of the above policy, including through national statistics, and to provide further information on the results of the campaigns to improve the working conditions of migrant workers irrespective of their legal status.

Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

The Government supplied the following information:

It is appropriate in the first place to point out that the observations of the Committee of Experts essentially originated in the comments supplied by the Trade Union Confederation of Workers' Committees (CC.00) on 21 June 1989, in which it drew attention to problems resulting from the use of benzene in the leather and hide, chemical and shoe industries. These observations were transmitted to this administration by the general technical secretariat, in order to establish a report and to take the necessary measures. Such measures were as follows:

1. Information was requested from the general sub-administration for chemical and pharmaceutical industries of the Ministry of Industry, Commerce and Tourism concerning the benzene industry in Spain; the latter sent an information memorandum on 20 November 1989 in which it indicated that benzene is produced from petroleum products in three enterprises; ERCROS, CEPSA and REPSOL PETOLEO. In 1988 production was 284,278 tons and consumption was approximately 300,000 tons. The memorandum also indicated that the principal consumers were petrochemical industries producing secondary products such as styrol, ciclohexane, dodecilbenzene, phenol, etc. At this time practically all of the benzene that is consumed is used for the manufacture of these products. On the other hand, enterprises using it as a solvent (primarily paint and varnish) have replaced them with other products (toluene and xylene). It is considered that benzene is no longer used for this purpose, which is consistent with data of the Labour and Social Security Inspectorate. The evolution of the market for principal chemical products, according to the annual report of the Spanish chemical industry, indicates that production and consumption of benzene have been maintained during the most recent years for which statistics are available. In 1990 production was 280,025 tons and consumption was 297,030 tons.

2. In order to supervise the application of provisions contained in the relevant legislation (Convention No. 136 and the Resolution of 15 February 1957 of the General Labour Administration and of the General Administration for the Promotion of Industry and Technology), an order was drawn up (No. 105/89) by the General Labour Administration in order to develop specific action on the part of the Labour and Social Security Inspectorate at the national level, in enterprises or workplaces in which benzene or products which contain more than 1 per cent benzene are manufactured, used or handled. This specific action was carried out during the months of September and October 1989; enterprises were selected among those suspected of manufacturing, using or handling these chemical products, according to existing statistics, in provincial inspectorates, provincial technical offices for occupational safety and hygiene, and in provincial delegations from industry, conforming to the above-mentioned Resolution. This order was accompanied by a questionnaire of a kind used to carry out inspections, and a non-exhaustive list of the activities in which it was presumed that benzene was used. At the same time it was requested that data on inspections carried out during recent years concerning the activities that had been analysed, be sent to this general administration. As the criteria for selection was broad, it was not surprising that it extended to many enterprises having chemical, leather, hide and shoe activities, etc., which did not utilise benzene.

Among the most interested conclusions that can be drawn from the report, the following may be emphasised:

In respect of specific action, it is appropriate to point out that 1,561 workplaces were visited and that in only 20 was evidence found of the manufacture, use or handling of benzene. In some enterprises benzene was used in small quantities, in laboratories, in quality supervision or in cleaning operations. It is also appropriate to point out that, following this particular action, some enterprises decided to substitute other less dangerous chemical products for benzene.

The enterprises that produced benzene are large petroleum refineries. In these enterprises respect for standards is acceptable, even if there were some complaints.

In enterprises where it was considered that the legislation was not respected, note of the infractions was taken.

Other conclusions considered to be interesting that were contained in the report referred to are as follows:

In the first six months of 1989 another specific action was carried out at the national level in the tanned products sector. According to data available to the general administration, during the course of this inquiry, jobs involving the use of chemical substance together with the handling of animal products were analysed. For this purpose 244 workplaces, in which there were 895 jobs, were visited. In view of the fact that it had not been noted that benzene was used in these jobs, one may conclude that this product is uncommon in the tanning sector.

In reference to the use of benzene as a solvent for adhesives, glues or varnish used in the shoe manufacturing process, it is appropriate to note that this question was studied in the Province of Alicante by different organisations such as: the Labour Authority, the Labour Inspectorate, and the University (Faculty of Medicine). Presently, benzene is replaced by hexane, methyl, isobutylene, toluene, acetone, etc. In 1983 several jobs were found having above normal concentrations; subsequent to the analysis corresponding to glues and cements used in the industries of the Province, it was concluded that there was one case involving 3.6 per cent benzene, as an impurity of hexane, used as a solvent. In analyses carried out at other manufacturers of solvents, there only existed traces of benzene.

In following years analyses of organic vapours in jobs that involved work on glues were carried out: 312 in 1988, 400 in 1987, 248 in 1988, 693 until 31 July 1989. In these analyses the presence of benzene in concentrations above 1 per cent were not detected in glues and solvents.

During 1988 and 1989 specific operations were carried out in some provinces according to data supplied to this administration.

(a) at Albacete, 72 qualitative analyses of commercial products containing aromatic hydrocarbons or olfactives used as glues, solvents, adhesives, etc, in use in the leather, shoe, garment and other industries were carried out;

(b) at Cantabres, 400 qualitative analyses of products used in paints, varnishes, solvents, catalysers and others were carried out;

(c) at Toledo, the National Institute for Occupational Safety and Hygiene recently analysed products used in 82 workplaces in the woodworking sector and in 38 workplaces in the shoe sector.

With the exception of Cantabres, the presence of benzene in quantities not higher than the authorised standard was detected in five analysed products; in others no use of benzene was detected.

One must conclude that there is neither limitation nor failure to apply ILO Convention No. 136 on the protection of workers against the risks of benzene intoxication.

3. On the other hand, it is appropriate to point out that occupational illnesses caused by benzene and its derivatives are among those which occur least often among all stated occupational illnesses (according to statistics for occupational illnesses that were detected from 1988 to 1990 - 1990 Year Book of Labour Statistics, ATE 29; only one in 1988; toluene and xylene are included in the group comprised of benzene and its derivatives).

4. In addition, the use of benzene has been the subject of studies by other bodies within the Ministry of Labour and Social Security, which indicates that continued attention is being given to this problem. The National Institute for Occupational Safety and Hygiene programmed a specific project concerning benzene during 1990 (Project 524); the object of the project was to count the enterprises and processes using benzene, to determine levels of exposure and those persons exposed.

5. Finally, it may be noted that within the framework of planning the objectives of the Labour and Social Security Inspectorate for 1992 in the area of occupational safety and hygiene, the following subsectors were selected for general action: manufacture of basic chemical products and chemical products for industry, among which are included workplaces manufacturing or making use of benzene for synthetic chemical products. Some provinces such as Balereas, Alicante and Cadiz selected shoe and hide activities as additional specific activities. Apart from this it is provided that in 1991 unplanned activities will be carried out (such as investigations of occupational injuries and diseases, complaints about unhealthy jobs, etc.). All of this allows one to say that during 1992 it is foreseen that the involvement of the Labour and Social Security Inspectorate in activities relating to the use of benzene shall continue.

In addition a Government representative referred to the written information supplied by his Government. He noted that the Committee of Experts had examined a series of comments on the application of the Convention presented by the Trade Union Confederation of Workers' Commissions (CC.00) and stated that this organisation had been able to bring its complaint to the Labour Inspectorate because, in Spain, Conventions formed part of the national legislation and were directly applicable when they were sufficiently apt for concrete measures, as was the case here. This made possible both the corresponding administrative and judicial supervision without the need for any international forum. Finally, he pointed out that in the written information supplied by his Government contained a technical report on the points raised by the CC.00, from which an assessment could be made of the action and measures taken by the Labour Inspectorate in the centres and sectors using benzene.

The Workers' members stated that it was not for the present Committee to examine the information which had been provided orally and in writing. However, since this was a technical Convention - and this Committee did not often have the opportunity to discuss such Conventions - which concerned the life and health of workers, note had to be taken of the information appearing in the comments of the CC.00, mentioned in the Committee of Experts' report. According to these comments, 150,000 workers were involved, especially those working in black market undertakings, pregnant and nursing women. According to the information supplied by the Government in 1991 as well as that contained in the written information supplied by the Government this year, a specific action programme was under way with a view to applying the Convention. However, the Government had not replied to a series of earlier observations of the Committee of Experts which concerned, amongst others, the measures taken or envisaged by the Labour Inspectorate concerning the use of benzene in the black market undertakings. Despite the fact that it was clear that the Government had taken some initiatives, the Workers' members were of the opinion that important questions remained unanswered, in particular that of the relative importance, over all the undertakings in question, of the figures provided by the Government in its written communications and that of the measures taken to ensure protection of workers, in particular those working in black market enterprises, pregnant women and nursing mothers. They requested the Government to send a more complete report so that the Committee of Experts would be able to examine the application of the Convention in practice.

The Employers' members indicated that this issue concerned the follow-up of the debate on labour inspection, in a very technical field, that of finding out how widely benzene was used and what were the measures of control taken to protect workers and to reduce the dangers and risks. The Government representative had made mention of the various measures taken with the view to fulfilling the obligations arising under the Convention. These included the visits carried out by the Labour Inspectorate, studies undertaken to determine which workplaces still used benzene and on the type and number of cases of sickness which existed. In this respect, the Employers' members stressed that it was important to know whether the use of benzene was the real cause of the identified sicknesses. They also noted that the number of workers exposed to benzene had diminished, and they hoped that this tendency would continue. However, the main question was how many undertakings, including black market enterprises, still used benzene. They were of the opinion that this was a typical question of "grey figures" since it was difficult to obtain precise figures and to evaluate them correctly. They accordingly requested the Government to supply more complete written information on this problem, together with figures and statistics, so that the Committee of Experts would be able to evaluate in detail the technical points relating to the application of the Convention.

The Workers' member of Spain stated that he was in total agreement with the Workers' members. He indicated that the use and handling of benzene normally occurred in black market enterprises where labour inspection could not take place because the existence of such enterprises was not known. For these reasons it was necessary to adopt more general measures to be able to know the extent of the problems in order to resolve them efficiently.

The Government representative welcomed all the interventions, and took particular note of the remarks made concerning the importance of the supervision of the use of benzene in black market enterprises.

The Committee noted the information supplied by the Government representative. It understood that the Government would soon send to the ILO the written report which it had prepared on the matters raised by the Committee of Experts for it to fully assess the situation.

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 13 (white lead (painting)), 115 (radiation protection), 119 (guarding of machinery), 120 (hygiene (commerce and offices)), 127 (maximum weight), 136 (benzene), 148 (working environment (air pollution, noise and vibration)), 155 (OSH), 162 (asbestos), 176 (safety and health in mines) and 187 (promotional framework for OSH) in a single comment.

The Committee notes the observations of the General Union of Workers (UGT) on Conventions Nos 115, 155, 162 and 187, the joint observations of the Spanish Confederation of Employers' Organizations (CEOE) and the Spanish Confederation of Small and Medium-Sized Enterprises (CEPYME) on Conventions Nos 13, 115, 120, 127, 136, 148, 155, 162, 176 and 187, and the observations of the Trade Union Confederation of Workers' Commissions (CCOO), sent with the Government’s report, and also the Government’s reply to these observations.

General provisions

Occupational Safety and Health Convention, 1981 (No. 155) , Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

National OSH policy. The Committee notes the Government’s reference in its report to the adoption on 14 March 2023 of the Spanish Occupational Safety and Health Strategy 2023-27 (EESST 2023-27) by order of the Council of Ministers, and also of its plan of action for 2023-24. The Government also indicates that a follow-up report to the first plan of action will be presented in the last quarter of 2024, enabling an analysis of progress made on implementation of the measures. The Committee requests the Government to provide information on the follow-up report to the plan of action for 2023–24 and on the adoption of future plans of action for 2025–27 as part of the Spanish Occupational Safety and Health Strategy.

Application in practice of Conventions Nos 155 and 187. The Committee notes the Government’s indication that: (i) the Strategic Plan of the Labour and Social Security Inspectorate (ITSS) for 2021–23, adopted on 16 November 2021 in the Council of Ministers, includes campaigns aimed at monitoring compliance with obligations relating to occupational safety and health (OSH) and also the implementation of a plan for the intensification of inspectorate activities relating to OSH, particularly in sectors and enterprises where occupational accidents are more serious and more frequent; and (ii) by Act 23/2015 of 21 July 2015 regulating the ITSS system, the category of “employment and social security sub-inspectors” was created, with specific duties regarding the prevention of occupational risks, amounting to a significant strengthening of ITSS activities.

The Committee notes that the UGT indicates in its observations that: (i) the statistical increase in the number of occupational accidents in the country, including fatal accidents, shows that preventive systems are failing; (ii) deaths during the working day from heart attacks and strokes have for some time topped the list of fatalities related to occupational accidents; the union asserts that preventive management of psychosocial risks need to be improved; and (iii) the union has proposed on several occasions that a social dialogue roundtable should be opened at national level on occupational risk prevention to coordinate an emergency plan against accidents at work. The Committee notes the Government’s indication, in reply to the observations on the setting up of a dialogue roundtable, that it recommends that a response be sought from the ITSS and the National Occupational Safety and Health Institute (INSST) on this matter. Noting the increase in the number of occupational accidents, the Committee requests the Government to provide information on the measures taken to guarantee a safe and healthy working environment in consultation with the most representative employers’ and workers’ organizations. The Committee also requests the Government to supply information on the steps taken or planned to ensure the application in practice of the ratified Conventions on OSH and reduce the number of accidents in the workplace, including data on the number, type and cause of notified occupational accidents and occupational diseases. The Committee further requests the Government to provide information on the inspection activities undertaken by the ITSS, including the number of inspections and investigations carried out and the number of infringements detected, remedial measures implemented and penalties imposed.

Measures at national level

Article 2(3) of Convention No. 187. Measures that could be taken to ratify relevant occupational safety and health Conventions of the ILO. Further to its previous comments regarding consideration of the Occupational Health Services Convention, 1985 (No. 161), the Committee notes the Government’s indication that the Spanish preventive model is not aligned to Convention No. 161. The Committee also notes that the CEOE and CEPYME, in their joint observations, indicate that there do not appear to be any obstacles to considering that the Spanish preventive model is aligned to Convention No. 161 since it is a flexible model and allows employers to opt for an external prevention service. The Committee requests the Government to continue providing information on consideration given to measures that might be adopted to ratify the relevant ILO Conventions on OSH.

Articles 4 and 16 of Convention No. 155. Minimizing, so far as is reasonably practicable, the causes of hazards inherent in the working environment. Ensuring that workplaces are safe and without risk to workers’ health. Further to its previous comments, the Committee notes the information provided by the Government on this matter and refers to its comments below on Article 17 of the Asbestos Convention, 1986 (No. 162).

Article 4(2) of Convention No. 155 and Articles 3(3) and 5 of Convention No. 187. Promoting the development of a national preventative safety and health culture. Further to its previous comments, the Committee notes the Government’s indication that the EESST 2023–27 includes the pledge from the Government, through the Ministry of Labour and the Social Economy (Ministry of Labour) and the Ministry of Inclusion, Social Security and Migration, to guarantee a stable line of funding through any financial formula which enables the aforementioned actions to be implemented and the planned objectives to be achieved. In particular, the Government indicates that: (i) this line of funding, originating from the “occupational contingencies fund”, will be assigned a total budget of €50 million (20 million for the first plan of action for 2023–24 and 30 million for the second plan for 2025–27); and (ii) the new strategy has received an increase of €14 million by comparison with the previous one. In this regard, the Committee notes that the CCOO indicates in its observations that since 2019 no actions have been subsidized by the State Occupational Risk Prevention Fund and that it hopes that its activity is renewed, since this is the instrument for bringing prevention activities into enterprises, mainly micro, small and medium-sized enterprises (MSMEs). The Committee requests the Government to provide information on the activities of the State Occupational Risk Prevention Fund as part of the promotion of a national culture of prevention.

Article 9 of Convention No. 155 and Article 4(2)(c) of Convention No. 187. Adequate and appropriate system of inspection. Further to its previous comments, the Committee notes the following indications from the Government: (i) the number of occupational accidents investigated by the ITSS and service orders concluded in relation to occupational risk prevention have been increasing, from 8,968 accidents investigated and 99,241 service orders concluded in 2013 to 10,622 and 135,427, respectively, in 2022; (ii) the ITSS Strategic Plan 2021–23 includes intensifying monitoring of working conditions in sectors and enterprises where occupational accidents are more numerous and more serious and studying measures to reduce misclassification of accidents; (iii) in 2021 and 2022, the ITSS implemented a Plan Estival (summer plan) to intensify monitoring to prevent accidents involving heatstroke and, in 2023, it launched a specific campaign on exposure to adverse environmental conditions; (iv) in 2022, the Ministry of Labour launched an emergency plan against fatal accidents at work, with sectoral programmes coordinated by the ITSS and INSST; and (v) in the context of the EESST 2023–27, the ITSS will carry out activities to improve information systems and criteria to determine the severity of occupational accidents and regarding coordination between the ITSS, INSST and Autonomous Communities.

With regard to the observations of the social partners, the Committee notes the following: (i) the CCOO indicates that monitoring of labour inspection and the investigation of offences involving risks for workers should be strengthened, in particular with regard to the development of occupational diseases due to silicosis, asbestos or carcinogenic substances; (ii) the UGT asserts that: (a) the ITSS needs more material and staff resources; (b) in 2019, only 38.1 per cent of Spanish enterprises received visits from the ITSS with regard to occupational risk prevention; and (c) the emergency plan against fatal accidents at work implemented throughout 2022 has not been effective or efficient since the statistics showed an increase in occupational accidents that year; and (iii) the CEOE and CEPYME underline the importance of the role of the ITSS in consolidating a culture of prevention in MSMEs.

With regard to the Government’s reply to these observations, the Committee notes its indication that: (i) under the Framework Collaboration Protocol between the General Council of the Judiciary, the Ministry of the Interior, the Ministry of Labour and the Attorney General’s Office, the ITSS must forward to the Public Prosecutor's Office infringement and investigation reports relating to fatal occupational accidents and those resulting in serious or very serious injuries, including investigations into offences relating to hazards; and (ii) the ITSS Strategic Plan 2021–23 addresses the increase in human resources and the incorporation of new profiles. The Committee requests the Government to provide information on the measures taken or envisaged to strengthen the role of the ITSS to enforce laws and regulations relating to OSH, including information on the plans implemented and their respective results. The Committee also refers to its comments on the Labour Inspection Convention, 1947 (No. 81).

Article 11(c) and (e) of Convention No. 155. Notification of occupational accidents and diseases and publication of statistics. National policy. Overall reviews or in relation to specific sectors. Further to its previous comments, the Committee notes the Government’s indication that the 2022 annual report of the Observatory for Occupational Diseases and Illnesses Caused or Aggravated by Work contains data on occupational diseases disaggregated by causal agent and economic activity. The Committee notes that the UGT indicates in its observations that: (i) the codification of occupational accidents resulting from heatstroke should be improved; and (ii) the list of occupational diseases should be revised and updated to include pathologies caused by exposure to psychosocial occupational risks, which are not regarded as an occupational contingency, and also cancers of an occupational origin, for which registration and notification should also be improved, since reporting of this kind of occupational disease is negligible. The Committee notes that the Government, in reply to these observations, states that: (i) the EESST 2023–27 and in particular its plan of action for 2023–24, provide for evaluating and updating the list of occupational diseases on the basis of scientific evidence and the recommendations of the ILO, and also for improving the notification and registration of these diseases; and (ii) the INSST is aware of the small number of reported cases of occupational cancer, and this is why the new EESST proposes measures to improve prevention and reduce the incidence of such cases. The Committee requests the Government to provide more information on the measures taken or envisaged to ensure the effective registration of occupational accidents and diseases, including those resulting from heatstroke and occupational cancer, in the context of the EESST 2023-27.

Protection against specific risks

White Lead (Painting) Convention, 1921 (No. 13)

The Committee notes the information provided by the Government in reply to its previous request regarding Article 5(II)(c) of the Convention.

Application in practice. Self-employed workers. Further to its previous comments, the Committee notes the Government’s indication that annual inspection planning includes campaigns on specific risks and that even though there are no plans for a specific campaign on lead, actions of a transversal nature are being carried out. The Committee also notes that, according to the information provided by the Government and contained in the ITSS reports, the number of inspections related to lead was 17 in 2017 (establishing one offence incurring a fine of €10,000), rising to 47 in 2020 (five offences with fines of €32,242) and falling to 11 in 2022 (one offence with a fine of €9,831).

With regard to self-employed workers, the Committee notes that the CCOO indicates in its observations that the use of white lead is permitted in artistic restoration work, an activity often carried out by self-employed workers. In this regard, it indicates that: (i) self-employed workers are not protected by Act 31/1995 of 8 November 1995 on occupational risk prevention (LPRL); and (ii) they do not have any obligation to evaluate or plan prevention measures, and so it is difficult for them to have a training plan and to receive sufficient information on the use of white lead. The Committee notes the Government’s indication, in reply to these observations, that the lines of action of the EESST 2023–27 including improving protection for self-employed workers through: (i) analysis of the desirability of amending the LPRL and the Self-Employed Workers’ Statute with regard to key issues such as monitoring of health and identification and evaluation of occupational risks; (ii) study of occupational diseases suffered by self-employed workers; and (iii) promotion of training activities. The Committee requests the Government to provide more information on: (i) the measures taken or envisaged to ensure the application in practice of the provisions of the Convention to self-employed workers; and (ii) the inspection activities carried out by the ITSS in relation to lead.

Article 7 of the Convention. Statistics on lead poisoning among working painters. Further to its previous comments, the Committee notes that the CCOO indicates in its observations that there are still no disaggregated data on lead poisoning among working painters in the occupational disease notification system (CEPROSS) since it is impossible to know which diseases were caused by the performance of activities involving the presence of lead. The Committee requests the Government to provide information on the measures taken to have disaggregated data on lead poisoning among working painters, in accordance with Article 7 of the Convention.

Radiation Protection Convention, 1960 (No. 115)

Articles 1, 3(1) and 6(1) of the Convention. Maximum permissible doses of ionizing radiation. Revision of maximum permissible doses of ionizing radiation in the light of current knowledge. Consultation of social partners. The Committee notes the Government’s reference to the adoption of Royal Decree 1029/2022 of 20 December 2022 approving the “Regulations on the protection of health against risks arising from exposure to ionizing radiation” (Radiation Regulations) and also the repeal of Royal Decree 783/2001 of 6 July 2001 approving the “Regulations on the protection of health against ionizing radiation”. The Committee notes that the limits established in the new Radiation Regulations are in line with the exposure limits recommended by the international organizations. The Committee also notes that, under section 14 of the Regulations, in exceptional situations excluding those of accidental or emergency exposure, the Nuclear Safety Council (CSN) can authorize, for each specific case, individual occupational exposure in excess of these limits when exposure is limited in time, is confined to specific working areas and is within the maximum dose exposure limits defined by the CSN itself for the specific case. Even though this exception excludes pregnant women, trainees and students, it can include breastfeeding women in cases where there is no risk of incorporation of radionuclides or bodily contamination. The Committee recalls that, under current recommendations, the limits set by international recommendations should be respected and these may only be exceeded in exceptional circumstances such as emergency situations. The Committee requests the Government to indicate in which exceptional situations the Nuclear Safety Council (CSN) can authorize individual occupational exposure in excess of the limits established in section 11 of the Radiation Regulations and to provide information on the measures taken or envisaged to ensure that the limits established by international recommendations continue to be respected. The Committee also requests the Government to provide information on the updating in subsequent years of the maximum permissible doses of ionizing radiation established in the Regulations, in the light of current knowledge and in consultation with the social partners.

Articles 2 and 6(1). Activities which involve the exposure of workers to ionizing radiation in the course of their work. Emergency workers. Limits. The Committee notes that, under section 67(2)(b) of the Radiation Regulations, in the event of intervention in situations of nuclear or radiological emergency, the dose limits established in sections 10 to 15 shall not apply and it shall be for the CSN to establish reference levels taking account of radiological protection requirements and social criteria (section 67(3)). In this regard, section 69 stipulates that the levels fixed by the CSN shall be maintained wherever possible within the general dose limits set in section 11 and, in situations where this is not possible, the following conditions shall apply: (i) in general terms, reference levels shall be fixed below an effective dose of 100 mSv; (ii) in exceptional situations, for the purpose of saving lives, avoiding serious effects on health as a result of radiation, or preventing the development of catastrophic conditions, a reference level may be established for an effective external radiation dose for emergency intervention personnel above 100 mSv but not higher than 500 mSv; and (iii) pregnant or breastfeeding women who participate in activities responding to a nuclear or radiological emergency shall be considered, for the purposes of the radioactive dose and contamination which they may receive during their intervention, as members of the public in an non-emergency situation. The Committee recalls that, according to international recommendations, in emergency situations, reference levels should be selected to be within, or if possible below, the 20–100 mSv band. In exceptional situations, informed emergency workers may volunteer to receive a higher dose only: (a) for the purposes of saving life or preventing serious injury; (b) when undertaking actions to prevent severe deterministic effects and actions to prevent the development of catastrophic conditions that could significantly affect people and the environment; or (c) when undertaking actions to avert a large collective dose. Even in these exceptional circumstances, available measures for protection and safety and all reasonable efforts should be made to keep doses to such workers below the guidance values set out in the Basic Safety Standards 2014 (General Observation of 2015, paragraph 37). With reference to paragraphs 36 and 37 of its general observation of 2015, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that: (i) the reference levels selected for workers in emergency situations are within, or if possible below, the 20–100 mSv band; (ii) no worker who intervenes in an emergency situation is subjected to exposure exceeding 50 mSv; and (iii) only duly informed emergency workers may be exposed to a higher dose if volunteering to do so for the purposes of saving life or preventing serious injury, preventing conditions that could significantly affect people and the environment, or preventing collective exposure to a high dose of radiation.

Article 3(1). Measures taken in the light of current knowledge. Protection of pregnant or breastfeeding women. Further to its previous comments, the Committee notes the Government’s indication that the new Radiation Regulations contain improvements regarding protection for breastfeeding women, since section 12 provides that, in addition to being protected from the risk of radioactive contamination, they must not be assigned to work which entails a significant risk of incorporation of radionuclides. In this regard, the Committee observes that, although section 12 provides that protection of the foetus must be comparable to protection for members of the public at least from the time of communication of the pregnancy until its end, the maximum limit being 1 mSv, it does not establish any exposure limits for breastfeeding women. With reference to paragraph 12 of its general observation of 2015, the Committee requests the Government to provide information on the measures taken or envisaged to ensure, in law and in practice, that working conditions for breastfeeding women are adapted so that their breastfed infants enjoy the same level of protection as that required for members of the public (annual ionizing radiation dose limit of 1 mSv).

Articles 3(3), 4 and 5. Measures for the protection of workers against ionizing radiation. The Committee notes that the CCOO indicates in its observations that: (i) section 75(2) of the Radiation Regulations establishes the obligation for the work operator to reduce radon levels and exposure for workplace areas with airborne radon concentrations which, as an annual average, exceed the reference level of 300Bq/m3; and (ii) according to a study on radon exposure in the workplace published in 2017 (by the University of Santiago de Compostela, the Galicia Radon Laboratory and ISTAS-CCOO), 44.8 per cent of measurements taken in workplaces in municipalities with medium exposure exceeded the level of 300Bq/m3. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the reduction of airborne radon concentrations in workplaces, respecting the reference levels established in the Radiation Regulations.

Article 8. Maximum permissible doses of ionizing radiation for workers not directly engaged in radiation work. The Committee notes that section 15 of the Radiation Regulations establishes dose limits for members of the public, which are in line with the recommendations of the International Radiological Protection Commission, but makes no provision with regard to workers not directly engaged in radiation work. With reference to paragraph 35 of the general observation of 2015, the Committee requests the Government to indicate whether the dose limits established for members of the public in section 15 of the Radiation Regulations also apply to workers not directly engaged in radiation work and, if not, to specify the limits established for this category of workers.

Article 15. Appropriate inspection services and application in practice. Further to its previous comments, the Committee notes the Government’s indication that section 82(2) of the new Radiation Regulations provides for collaboration between the ITSS and CSN in monitoring the exposure of workers to radon gas. The Committee also observes that the National Plan against Radon was adopted on 9 January 2024.

With regard to the observations of the social partners, the Committee notes the following: (i) the UGT points out that competence for monitoring compliance with the obligations relating to radon exposure should have been assigned directly to the ITSS, without any need to adopt a collaboration agreement with the CSN; and (ii) the CEOE and CEPYME indicate that the EESST 2023–27 includes the implementation of actions to promote the prevention of exposure of workers to hazardous substances and agents such as radon. The Committee notes the Government’s indication, in reply to the observations of the UGT, that there is nothing in the Convention indicating that inspection functions should fall to the ITSS and that the collaboration between the ITSS and CSN with regard to work activities involving exposure to radon is consistent with the assignment of competencies provided for in the regulations of each organization. The Committee requests the Government to provide information on the measures taken or envisaged to enforce the application of the Convention in the context of collaboration between the ITSS and CSN and to indicate whether the collaboration agreement between these two organizations has already been adopted. In this regard, the Committee also requests the Government to provide information on the application in practice of the National Plan against Radon.

Guarding of Machinery Convention, 1963 (No. 119)

Article 2 of the Convention. Prohibition of the sale of machinery having dangerous parts without appropriate guards. Application in practice. The Committee notes the Government’s indication that inspection activities have been carried out in the context of enforcing safety and health obligations regarding the use of equipment by workers. The Committee also notes that the CCOO indicates in its observations that there are no data that refer explicitly to occupational accidents resulting from the use of machinery and that this information should be gathered. In particular, it indicates that, in view of the general statistics on occupational accidents, including accidents relating to the operation of machinery, it can be supposed that there is a high accident rate. The CCOO asserts that, although it welcomes the fact that the ITSS and INSST have carried out major campaigns, controls should be reinforced in certain sectors such as agriculture, including with regard to second-hand agricultural machinery. The Committee requests the Government to provide information on the application of the Convention in practice, including available data on occupational accidents resulting from the use of machinery, and also information on the application of the Convention in agriculture, including with regard to second-hand machinery.

Maximum Weight Convention, 1967 (No. 127)

Application in practice. The Committee notes the indication of the CCOO in its observations that, according to reports on occupational accident statistics, although the number of accidents with sick leave as a result of excessive physical effort fell sharply in 2020 because of work stoppages during the pandemic, the data show a progressive increase in the last few years, with a return of the upward trend of pre-pandemic years, from more than 144,000 accidents of this kind in 2020 to over 166,000 in 2022. The Committee notes the Government’s indication, in reply to these observations, that the EESST 2023–27 addresses this issue in its lines of action, including investigation by the ITSS of occupational accidents linked to musculoskeletal disorders and the implementation of inspection campaigns with a focus on sectors and activities where women predominate, giving particular attention to sectors and activities with greater risks of musculoskeletal disorders. The Committee requests the Government to provide detailed statistical data on occupational accidents and diseases which have occurred and on the measures adopted or envisaged in the context of the EESST 2023-27 with respect to the application of the Convention.

Article 8 of the Convention. Consultation of the most representative employers’ and workers’ organizations in order to take the necessary steps to give effect to the provisions of the Convention. Further to its previous comments, the Committee notes the Government’s indication that in 2011 the National Occupational Safety and Health Commission (CNSST) set up a working group to address the prevention of musculoskeletal disorders and that on 19 June 2023 the CNSST granted a new term of office to this group. The Committee requests the Government to provide information on the activities of the working group on musculoskeletal disorders in the context of the National Occupational Safety and Health Commission (CNSST) in relation to the application of the Convention.

Benzene Convention, 1971 (No. 136)

The Committee notes the information provided by the Government in reply to its previous request regarding Article 4 of the Convention.

Article 11(1) of the Convention. Prohibition of the employment of pregnant women and nursing mothers in work processes involving exposure to benzene.Legislation and application in practice. The Committee notes the assertion of the CCOO in its observations that there should be clarification of how protection is ensured for pregnant or nursing women with regard to: (i) exposure to chemical, carcinogenic or mutagenic substances in their jobs; and (ii) the handling of applications for the pregnancy-related risk allowance by the collaborative mutual social security associations. The Committee notes the Government’s indication, in reply to these observations, that the mechanism for the protection of pregnant or nursing women is covered in general terms by section 26 of the LPRL and sections 186 to 189 of Royal Legislative Decree 8/2015 of 30 October 2015 approving the consolidated text of the General Social Security Act. While noting this legislative framework, the Committee requests the Government to supply more information on the measures taken or envisaged to apply this legislation with a view to ensuring in practice that the employment of pregnant women and nursing mothers in work processes involving exposure to benzene is prohibited.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

The Committee notes the information provided by the Government in reply to its previous request concerning Articles 6(2), 11(3) and 16 of the Convention.

Article 2(2) of the Convention. Obligation of a Member State to indicate the position of its law and practice in respect of excluded categories of hazards and the extent to which it applies or proposes to apply the Convention to such categories. Further to its previous comments, the Committee notes that the Government once again refers to section 5(4) of Royal Decree 1311/2005 of 4 November 2005 concerning protection of the safety and health of workers against hazards related to exposure to mechanical vibrations, and indicates that in the maritime and aviation sectors the daily limits for exposure of the whole body to vibrations can only be exceeded in duly justified circumstances and observing the general principles of protection of the health and safety of workers. In particular, it points out that the use of this exception must: (i) be justified by the employer; (ii) have been the subject of prior consultations with the workers and/or their representatives; (iii) be recorded explicitly in the occupational hazard evaluation; and (iv) be communicated to the labour authority with the hazard evaluation in which the exception is justified. The Committee requests the Government to continue providing information on the position of its law and practice with regard to occupational hazards due to vibrations.

Article 2(3). Obligation of a Member State to notify the ILO Director-General, where applicable, that it accepts the obligations of the Convention in respect of a previously excluded category or categories. The Committee recalls that although the Government has indicated that it might begin to consider the possibility of accepting the obligations of the Convention regarding vibration, it has not provided any information in this regard. The Committee requests the Government to provide information on whether it plans to accept the obligation of the Convention relating to vibration.

Article 8(1) and (3). Criteria and exposure limits relating to noise. Regular revision. Further to its previous comments, the Committee notes the Government’s reference to Royal Decree 286/2006 of 10 March 2006 concerning the protection of the health and safety of workers against hazards related to exposure to noise, and the Government’s indication that: (i) authorized measurement teams record levels of ambient noise that exist in jobs without taking into consideration the attenuating effect of hearing protectors; and (ii) ambient levels are compared with lower and upper exposure values and if these levels are exceeded, there is an obligation to establish a programme of technical and organizational measures and to use individual hearing protectors which eliminate or minimize the hazard.

The Committee notes that the CCOO, as well as the CEOE and CEPYME all reiterate in their observations that section 5(2) of Royal Decree 286/2006 allows the real exposure of the worker to noise to be determined taking account of the attenuating effect of individual hearing protectors used by workers. In particular, the CCOO indicates that: (i) this presupposes in practice that the level of ambient noise to which workers are exposed in many jobs exceeds the limits established by Royal Decree 286/2006 itself; and (ii) in determining exposure, it is possible that no account is taken of wear and tear to individual protective equipment, lack of adequate preventive maintenance, or incorrect handling by the user. The Committee notes the Government’s indication, in reply to these observations, that the attenuating effect of individual hearing protectors is only taken into account at the time of determining whether the exposure of workers to noise exceeds the exposure limit; under no circumstances is it taken into account to determine whether lower or upper exposure limits are exceeded which give cause for action. The Committee requests the Government to provide information on the measures taken or envisaged to ensure in practice that the level of noise to which workers are exposed respects the limits established in Royal Decree 286/2006 and that these limits are revised regularly in the light of current national and international knowledge and data, taking into account as far as possible any increase in occupational hazards resulting from simultaneous exposure to several harmful factors in the workplace.

Asbestos Convention, 1986 (No. 162)

The Committee notes the information provided by the Government in reply to its previous request concerning Articles 20 and 21 of the Convention.

Application in practice. The Committee notes the Government’s indication that monitoring occupational hazards deriving from exposure to carcinogenic agents has been a priority in recent years and that, as regards the risk of exposure to asbestos, the corresponding monitoring has been undertaken of obligations relating to entry in the register of enterprises at risk of asbestos and the working procedures contained in asbestos work plans, also affecting aspects of training and surveillance of worker health. The Committee observes that, according to Ministry of Labour compendiums of statistics, the number of recorded cases of occupational diseases caused by asbestos was 17 in 2018, 69 in 2019, 21 in 2020, 25 in 2021 and 75 in 2022. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the application in practice of the provisions of the Convention, including information on the activities of the ITSS relating to the risk of exposure to asbestos, and also data on the number of occupational diseases notified in subsequent years.

Article 1(1) of the Convention. Scope of application. Self-employed workers. Further to its previous comments, the Committee notes the Government’s indication that although self-employed workers are not covered by the scope of application of the LPRL and its implementing regulations, section 8 of the Self-Employed Workers’ Statute (Act 20/2007 of 11 July 2007) shows that there are guarantees that enable self-employed workers to be protected against occupational risks arising from their work, including those related to exposure to asbestos fibres. The Committee also notes that both the UGT and the CCOO assert in their observations that the lack of application to self-employed workers of Royal Decree 396/2006 of 31 March 2006, establishing minimum safety and health provisions applicable to work involving the risk of exposure to asbestos, raises problems as regards their protection. In particular, the CCOO indicates that: (i) this situation was discussed in the CNSST “asbestos working group”, where a preliminary agreement was reached which proposed the extension of the level of protection provided for in Royal Decree 396/2006 to own-account workers; (ii) at its meeting of 24 November 2016, the General State Administration withdrew from the agreement, blocking the final approval of the proposal; and (iii) whereas this situation is still current, point 4.2 of the EESST 2023-27 provides for the revision of the legal framework applicable to self-employed workers with the aim of improving health protection in work involving the risk of exposure to asbestos fibres, taking account in this regard of the report produced by the CNSST “asbestos/self-employed workers sub-working group”. The Committee notes that the Government indicates, in reply to these observations, that non-application of the LPRL and its implementing regulations to self-employed workers is not absolute, and that it does not find that the exclusion of self-employed workers from these regulations constitutes non-compliance with Article 1 of the Convention. Recalling that the scope of application of the Convention also includes self-employed workers, the Committee requests the Government to provide more information on the measures taken or envisaged to ensure the application of the Convention in practice to self-employed workers exposed to asbestos in the course of their work, in the context of the activities of the CNSST working groups on asbestos and self-employed workers.

Articles 3, 4 and 21(4). Other measures to maintain workers’ income. Periodic review of the national legislation. Consultation with the most representative employers’ and workers’ organizations. Further to its previous comments, the Committee notes that the Government refers to the adoption of Act 21/2022 of 19 October 2022 establishing a compensation fund for the victims of asbestos, aimed at providing reparation for damage to health resulting from exposure to asbestos suffered by any person in their working, domestic or external environment in the country, and also for their successors. In this regard, the Committee notes the UGT’s indication in its observations that, although a draft exists of the Royal Decree which is to implement the Act establishing the compensation fund for asbestos victims, this has not yet been adopted, and so victims and their family members are still not receiving the compensation that they deserve. The Committee requests the Government to provide information on the measures taken or envisaged to ensure compensation in practice for the victims of asbestos in the context of Act 21/2022 and, if applicable, to notify the adoption of the Royal Decree implementing the aforementioned Act.

Article 15(2). Periodic review and updating of exposure limits. The Committee notes the indication of the CCOO in its observations that: (i) in the light of technological progress and advances in technical and scientific knowledge, the environmental limit value for daily exposure to asbestos established in section 4 of Royal Decree 396/2006 (0.1 fibres/cm3 taken as a time-weighted average for an eight-hour period) should be reduced to 0.001; and (ii) electron microscopy now exists with an asbestos fibre detection range enabling the new proposed limit to be applied. The Committee notes the Government’s indication, in reply to these observations that, before revising the domestic legislation, it would appear appropriate to wait for completion of the procedures to approve the proposed European Directive revising Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work. While noting the adoption of Directive (EU) 2023/2668 of the European Parliament and of the Council in November 2023 amending Directive 2009/148/EC, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that the exposure limits established in Royal Decree 396/2006 are periodically revised and updated in the light of technological progress and advances in technical and scientific knowledge.

Article 17. Removal of asbestos from plants or sites. The Committee notes the Government’s indication that: (i) Act 7/2022 of 8 April 2022 on contaminated waste and soil in relation to a circular economy establishes the obligation for governments to carry out a census of plants and sites containing asbestos, including a timetable scheduling its removal; and (ii) the INSST Technical Guide on exposure to asbestos, published in 2022, sets out the conditions for the safe handling of materials containing asbestos. In this regard, the Committee notes the CCOO’s indication in its observations that: (i) the deadline for carrying out the census for planning the removal of asbestos was 10 April 2023 but the vast majority of Spanish municipalities have not complied with this obligation; (ii) the census only covers buildings and plants belonging to public administrations and does not include private property; (iii) these censuses are necessary for ensuring that some categories of the labour force, including structure maintenance staff, construction workers and civil protection service workers, are not exposed accidentally to asbestos dust, and for planning the removal of asbestos from installations in the country in an effective and systematic manner; and (iv) although the objectives of the Strategic Health and Environment Plan 2022-26 include the formulation of plans of action for the safe and total removal of asbestos by 2028, there is a need for a Spanish strategy for the elimination of materials containing asbestos. The Committee notes the Government’s indication, in reply to these observations, that regardless of whether censuses should be carried out for planning the removal of asbestos, the protection of workers is ensured by the existing regulations. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the application of Article 17 of the Convention, including information on the carrying out of censuses for planning the removal of asbestos from plants and sites in both the public and private sectors, in the context of Act 7/2022.

Protection in specific branches of activity

Safety and Health in Mines Convention, 1995 (No. 176)

Articles 5(2)(d) and 16 of the Convention. Inspection and compilation of statistics. Application in practice. Further to its previous comments, the Committee notes the Government’s indication that: (i) the number and frequency of accidents in mining and quarrying have declined steadily in recent years because of improvements in preventive planning by enterprises in the sector, mainly small and medium-sized enterprises, and also because of the decrease in underground operations; (ii) it is not aware of any failure to report occupational accidents; and (iii) in view of the analysis of studies on accident rates drawn up annually by the Energy and Mining Policy Department at the Ministry for Ecological Transition and the Demographic Challenge, there is no difference in trends in accidents connected with contracts and those occurring in enterprises that own workplaces. Some 35 per cent of serious and fatal accidents relate to subcontracted workers, a similar percentage to the number of contracted workers in the whole sector. The Committee also notes the CCOO’s indication in its observations that: (i) although there is general compliance with the regulations, there has been an upswing in the accident rate as a result of deficient working conditions, the way prevention is managed in enterprises and insufficient resources for the ITSS; and (ii) according to Ministry of Labour statistics on occupational accidents, in 2022 the mining and quarrying sector had a high rate of fatal accidents, increasing by 6.8 per cent compared with the previous year, while the number of occupational accidents resulting in sick leave increased by 9 per cent. The Committee requests the Government to provide information on the measures taken or envisaged to ensure in practice the health and safety of workers in the mining sector, including data on notified occupational accidents and diseases.

Articles 5(2)(d), 9 and 11. Measures to eliminate or minimize the risks resulting from exposure to chemical hazards. Regular health surveillance of exposed workers. Compilation of statistics. The Committee notes that the CCOO indicates in its observations that in the mining sector there is exposure to numerous toxic and carcinogenic chemical agents which results in diseases not regarded as occupational and therefore not reflected in the statistics. In particular, the CCOO highlights exposure to respirable crystalline silica dust, which is responsible for silicosis, and diesel fumes, and indicates that: (i) the National Silicosis Institute, in collaboration with the Ministry for Ecological Transition and the Demographic Challenge, is carrying out a study on exposure to toxic substances in underground mining whose provisional results, published in June 2023, showed a high risk of exposure to diesel fumes; and (ii) there is a need to establish a register and coordinate a programme to control health monitoring for workers who are or have been exposed to such agents. The Committee notes the Government’s indication, in reply to these observations, that there is nothing to prevent the adoption of these measures but that the lack of such measures does not signify failure to comply with the Convention, since other mechanisms exist to ensure health monitoring further to occupational exposure, such as section 8(5) of Royal Decree 665/1997 of 12 May 1997 concerning the protection of workers from risks linked to exposure to carcinogenic agents at work.

The Committee also notes that the CEOE and CEPYME refer in their joint observations to the EESST 2023-27 and indicate that the latter provides for the setting up of a CNSST working group with the objective of improving the protection of workers from exposure to respirable crystalline silica dust. The Committee observes that, according to the INSST website, this group is already operational. The Committee requests the Government to provide information on the measures taken or envisaged in practice to eliminate or minimize the risks resulting from exposure to respirable crystalline silica dust and diesel fumes, and to undertake regular health surveillance of workers exposed to such agents, including in the context of the CNSST working group on respirable crystalline silica dust. The Committee also requests the Government to provide information on the notification of cases of occupational disease resulting from exposure to these agents.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO), received on 12 August 2014, and of the General Union of Workers (UGT), received on 29 August, and the Government’s comments in this respect.

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Article 3(1) of the Convention. Measures taken in light of current knowledge. Protection of pregnant and breastfeeding workers. The Committee notes the observation of the UGT that Spanish legislation provides for the protection of pregnant and breastfeeding workers against ionizing radiation, but does not provide the same protection for workers before the confirmation of pregnancy, which could cause miscarriages. In this regard, the Government refers to the Regulations on the protection of health against ionizing radiation, adopted by Royal Decree No. 783/2001, section 10 of which provides for the protection of workers during pregnancy and the breastfeeding period similar to that of members of the public. The Government also emphasizes that the Convention does not explicitly refer to pregnant workers or to protection during the early stages of pregnancy. In this respect, the Committee wishes to draw the attention of the Government and the UGT to paragraphs 12 and 33 of the 2015 general observation, according to which methods of protection at work for women who are pregnant should provide a level of protection for the embryo/foetus broadly similar to that provided for members of the public. The same principle applies to breastfeeding workers. The Committee requests the Government to continue providing information on the manner in which it ensures the application of the Convention with regard to pregnant and breastfeeding workers.

Article 15. Appropriate inspection services and application in practice. The Committee notes the notification between 2007 and 2012 of 32 cases of occupational disease caused by ionizing radiation, and the economic activities in which the cases were recorded. The Committee also notes the observations of the UGT, indicating that in 2013 there were three cases of occupational disease and 51 accidents due to the effects of non-thermal radiation, and the UGT emphasizes that greater control and supervision by the labour inspectorate is necessary for enterprises working with ionizing radiation. The Committee requests the Government to provide information on any measures adopted or envisaged to strengthen supervision of the application of the Convention, and to continue providing information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee takes note of the observations from the Trade Union Confederation of Workers’ Commissions (CCOO), received on 12 August 2014, and the Government’s report. The Committee also notes the Government’s response to these observations, received on 25 November 2014, which will be examined in due course.

Article 8 of the Convention. Consultations with the most representative organizations of the employers and workers with a view to taking the necessary steps to give effect to the provisions of the Convention. The Committee notes the detailed statistical data provided by the Government with respect to the manual handling of loads for the 2010–13 period. Similarly, the Committee notes that, according to the CCOO, most of the problems linked to the practical application of the Convention occur in the services sector, more especially in the wholesale trade and small hotel establishments. The CCOO also points out that the labour authorities of the Autonomous Communities, in cooperation with the labour inspectorate and at the request of the trade union organizations, have conducted campaigns in these sectors to ensure compliance with the Convention. Furthermore, the CCOO states that it would be appropriate for the Government to draft regular reports in the participating agencies such as the National Occupational Safety and Health Commission, to assess the efficacy of Royal Decree No. 487/1997, in force for nearly 20 years, and to determine whether it might be relevant to review this standard. The Committee notes that, under Article 8 of the Convention, each Member shall, by laws or regulations or any other method consistent with national practice and conditions and in consultation with the most representative organizations of employers and workers concerned, take such steps as may be necessary to give effect to the provisions of the Convention. The Committee requests the Government to submit its comments on this matter, including on the follow up to the request of the CCOO.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Referring to its observation, the Committee wishes to raise the following additional points.

Articles 20 and 21 of the Convention. Occasional exposure to asbestos. Measuring the concentration of airborne asbestos dust in workplaces and medical examinations. With reference to its previous comments on the provisions of Royal Decree No. 396/2006 concerning “sporadic” and “low-intensity” exposure to asbestos, for which the legislation does not impose medical examinations, the Committee notes the detailed information provided by the Government, and particularly that, according to the guide of the National Occupational Safety and Health Institute (INST), the term “sporadic exposure” means occasional exposure, that is to say exposure which is so isolated and infrequent that it is unlikely that it will reoccur. The Government adds that the work carried out in enterprises whose regular activities are related to asbestos, does not fulfil this condition and therefore are not covered by the provisions of the above Decree. However, the Committee notes that, according to the Trade Union Confederation of Workers’ Commissions (CCOO), there is work that involves an exposure to asbestos of which the sporadic nature and low-intensity is difficult, if not impossible, to determine, and therefore workers may find themselves in a unmonitored situation of risk. The CCOO adds that it is possible that work which does not meet the definition is covered by the provisions of the above Decree. The Committee requests the Government to provide information on the manner in which it ensures in practice that the provisions on occasional exposure are not used in such a way that workers are exposed to higher levels than those established. The Committee also requests the Government to indicate the measures adopted to ensure that the concentration of airborne asbestos dust in workplaces does not exceed the maximum levels established for work considered by the legislation to present a risk of low-intensity exposure to asbestos.

Application of the Convention in practice. The Committee notes that, according to the CCOO, the participation of the social partners takes place through the National Occupational Safety and Health Committee and its working group on asbestos, but very few autonomous communities have similar mechanisms for the participation of the social partners. The CCOO proposes the creation of such bodies at the community level, and at the local, regional and provincial levels, especially as these areas are responsible for infrastructure in many cases. It also refers to the Programme to Monitor the Health of Workers Exposed to Asbestos, indicating that an evaluation of the last five years was carried out, which the CCOO considers to be significant progress, although difficulties were experienced in obtaining information in some autonomous communities. The Committee requests the Government to provide its comments on this subject and to continue providing information on the results of the evaluations.

Other matters. The Committee notes the indications of the CCOO that many workers who, despite the fact that they do not handle asbestos, are exposed to asbestos fibres in workplaces that are in a poor state of repair. While noting that the present Convention applies to occupational exposure to asbestos, the Committee is examining this issue in its comments on the application of the Occupational Safety and Health Convention, 1981 (No. 155).

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO), received on 12 August 2014.

Application of the Convention in practice. Inspection and compilation of statistics. The Committee notes the statistical data provided by the Government, including those relating to the number of workers covered by the Convention, disaggregated by gender and by their status as self-employed workers. It also notes that, as a result of the inspections carried out by the mining authorities on prevention and occupational hazards, the following conclusions may be drawn: (i) in general, in recent years, there has been a decline in the number of accidents in the mining sector; and (ii) in some cases, the incorporation of prevention into the management systems of enterprises is insufficient, as external prevention services exist which are used by many enterprises in the sector, but their specific technical knowledge is inadequate and they are often ineffective. As a result of inspections, the following measures are being taken: (i) the General Directorate of Energy Policy and Mines of the Ministry of Industry, Energy and Tourism is developing, in collaboration with the competent mining authorities and the social partners, advisory, technical assistance, supervision and monitoring campaigns, mainly to combat dust and silicosis. Mines are being selected for these campaigns, taking into account, inter alia, the accident rate, the size of the enterprise and the subcontracting of activities, and focusing particularly on small and medium-sized enterprises; (ii) the Directorate General has established a direct assistance scheme aimed at improving safety in mines; and (iii) technical instructions have been developed to supplement the general regulations through non-binding basic standards and guidelines. The CCOO states that, although there is general compliance with the regulations, since the labour reform entered into force, an increasing number of attempts to change certain working conditions has been noted, for example, the extension of the working day, which are causing accident rates to rise. The CCOO indicates that the Government and enterprises have concluded that the accident rate is increasing for objective causes, and they deny the link to the labour reform. The CCOO maintains that the fall in accident rates can be explained by the fact that in many cases occupational accidents are not reported and that in some cases occupational diseases are not considered as such, and are therefore not reflected in the statistics, except in extreme cases where the worker dies as a result of the disease. The Committee requests the Government to provide its comments on the observations of the CCOO The Committee also requests the Government to continue providing information on problems of application and the violations reported by the labour inspectorate, as well as the trends regarding the type of violations identified by inspections in the sector, and the measures adopted or planned to overcome these problems. The Committee further requests the Government to indicate whether there are differences in trends in the accident rate in subcontracted mining activities.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO), which were received on 12 August 2014, as well as the observations of the General Union of Workers (UGT), received on 29 August 2014.

Article 2(3) of the Convention. Measures that could be taken to ratify relevant occupational safety and health Conventions of the ILO. With reference to its previous comments, the Committee notes that, according to the Government, after having reviewed the list of Conventions in the Annex to the corresponding Recommendation for this Convention, it found several Conventions, namely the Occupational Health Services Convention, 1985 (No. 161), the Chemicals Convention, 1990 (No. 170), and others, which had not been ratified at the time. The Committee requests the Government to continue providing information in this respect.

Articles 3(3) and 5. Promoting the development of a national preventative culture. The Committee notes the CCOO’s indication that, in the context of the approval of occupational safety and health standards developed in Spain over the past 20 years, all the parties have agreed on the need to launch campaigns to promote occupational health, including a preventative culture. In this regard, the CCOO refers to the “Campaign 40,000”, which was developed in 2001, and to the Spanish Occupational Safety and Health Strategy 2007–12. It also refers in particular to the Foundation for the Prevention of Occupational Hazards, created under the Prevention Act of 1995, which has been seeking for assistance for employers and workers since 2000. However, the CCOO indicates that, over the last two years, the current Government has reduced the allocations provided for under the Prevention Act by 40 per cent, which has led to a decline in the number of prevention activities. The Committee requests the Government to provide its comments in this respect.

Application of the Convention in practice. The Committee notes that, according to the UGT, it would be appreciated if the Government’s report was accompanied by the documents in support of the activities of the labour inspectorate and the National Occupational Safety and Health Committee. The Committee would be grateful if the Government would provide relevant information in this regard.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations made by the Trade Union Confederation of Workers’ Commissions (CCOO) and the General Union of Workers (UGT), received respectively on 12 and 24 August 2014. The Committee notes that the CCOO mentions relevant complementary legislation and that the UGT considers that preventive policies on the guarding of machinery should be developed under the purview of the National Safety and Health Committee, that activities regarding inspections and penalties should be strengthened in order to significantly reduce damage caused by machinery and that these issues should be dealt with in work places and in collective bargaining, and training and information sessions should be promoted among small and medium-sized enterprises. The Committee also notes the Government’s response to these observations, received on 25 November 2014, which will be examined in due course.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Referring to its observation, the Committee wishes to raise the following additional points.

Article 2(2) of the Convention. Duty of the member State to indicate the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. With reference to the exception established in section 5(4) of Royal Decree No. 1311/2005, of 4 November, concerning protection of safety and health of workers against hazards related to exposure to mechanical vibrations, according to which “the preceding paragraph shall not apply to the maritime and air navigation sectors with respect to whole-body vibrations …”, the Committee notes that the General Union of Workers (UGT) states that, in the maritime and air sectors, it has noted that effective action is not being taken, given that “recommendations” do not oblige compliance with standards. The Committee requests the Government to describe the position of its law and practice in respect of whole-body vibrations to which workers in maritime and air navigation are exposed and the extent to which effect has been given or is proposed to be given to the Convention in respect of the vibrations to which these workers are exposed.

Article 2(3). Duty of the member State to notify the Director-General of the International Labour Office, where applicable, that it accepts the obligations of the Convention in respect of a category or categories previously excluded. The Committee notes the Government’s statement that the exception contained in Royal Decree No. 1311/2005 of 4 November on protection of safety and health of workers against hazards relating to exposure to mechanical vibrations, expires in July 2014 and that it would be appropriate to wait until this time before considering the possibility of accepting the obligations of the Convention relating to vibrations. The Committee requests the Government to provide information on any developments made in this respect.

Article 8(1) and (3). Duty to take into consideration the opinion of technically competent persons designated by the most representative organizations of employers and workers in the formulation of criteria for determining the hazards of exposure to air pollution, noise and vibration. The Committee notes that according to the Trade Union Confederation of Workers’ Commissions (CC.OO.), while the protection standards against hazards arising from exposure to noise, established in Royal Decree No. 286/2006 of 10 March on protection of the safety and health of workers against hazards arising from exposure to noise, provide sufficient protection, the problem lies in the method used for the measuring of such noise. According to the trade union, the legislation in question allows noise to be measured on the premise that the worker is using hearing protection, which implies that in practice, in many industries, work is performed in conditions well above the permitted decibel level, since hearing protection dims the decibels heard by the human ear. The trade union adds that, in the opinion of many noise experts, noise not only results in hearing loss but also in other problems such as stress, sleep, digestion and other disorders. The Committee requests the Government to send its comments in this regard.

Article 11(3). Suitable alternative employment or other proposed measures to maintain the income of a worker who has been transferred. The Committee notes that according to the UGT, with respect to air pollution and noise, Article 11(3) of the Convention is not applied, given that usually, unless a collective agreement has been negotiated, workers are excluded from productive employment if they do not have all the physical attributes to perform the work. The Committee requests the Government to provide information on the measures adopted to ensure the transfer to alternative employment of workers who, for medical reasons, are obliged to interrupt a job which involves exposure to air pollution or noise, and to explain how it ensures that the income of such workers is maintained.

Article 16. Application of the Convention in practice. The Committee, in its previous observation, requested the Government to provide detailed information regarding the practical application of the Convention to workers in the aviation and maritime sectors. The Committee notes the Government’s indication that no substantial statistical data is available regarding exposure to noise of workers in the maritime sector, because the date of entry into force of the abovementioned Royal Decree No. 286/2006 of 10 March on protection of the safety and health of workers against hazards arising from exposure to noise, in relation to the sector in question, is very recent. In this regard, the Committee also notes that the aforementioned Royal Decree entered into force for the maritime sector in February 2011. Over two years have passed, therefore, between then and the date on which the Government’s report was received. Furthermore, with respect to workers in the aviation sector, the Committee observes that since the adoption of the Royal Decree on 10 March 2006, there have been no further exceptions to its application in that sector. The Committee notes that the Government’s report does not contain detailed information on the practical application of the Convention to workers in the aviation and maritime sectors. Therefore, the Committee is bound to repeat the request formulated in its previous observation.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) received on 12 August 2014. The Committee notes that the CCOO requests the Government to consider launching an information campaign in order to determine whether certain aspects of Royal Decree No. 486/1997 of 14 April, which transposes into national law Directive No. 89/654/CEE of November 1989 on the minimum safety and health requirements in workplaces, should be amended and/or updated; and to raise this issue before the advisory committee on safety, hygiene and health protection in workplaces. The Committee notes that the trade union does not indicate the aspects of the Decree it wishes to review nor the relation of those aspects with the Convention. The Committee also notes the Government’s response to these observations, received on 25 November 2014, which will be examined in due course.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

With reference to its observation, the Committee to raise the following points.

Article 4(2) of the Convention. Obligation to prohibit the use of benzene and of products containing benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work. Indication of types of work in which it is still permitted to use benzene and products containing benzene as a solvent or diluent. In its previous comments, the Committee requested the Government to indicate the work in which it is still permitted to use benzene and products containing benzene as a solvent or diluent. The Committee notes the Government’s indication that the types of work in which it is permitted to use benzene and products containing benzene as a solvent or diluent are all of the activities that are not included in schedule XVII to the Regulation on the registration, evaluation, authorization and restriction of chemicals (REACH). The Committee requests the Government to provide a list of the types of work in which it is still permitted to use benzene or products containing benzene as a diluent in Spain, except where the process is carried out in an enclosed system or where there are other equally safe methods of work, with an indication of the workers engaged in the work specified on this list, and whether it is planned to prohibit such work in accordance with the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

With reference to its observation, the Committee wishes to raise the following additional points.

Articles 4 and 16 of the Convention. Minimizing, so far as is reasonably practicable, the causes of hazards inherent in the working environment. Ensuring that workplaces are safe and without risk to the safety and health of workers. The Committee notes the observations made by the Trade Union Confederation of Workers’ Committees (CCOO) on the application of the Asbestos Convention, 1986 (No. 162), which it considers to be related to the present Convention. The CCOO indicates that many workers whose work is not related in anyway with asbestos, are subject to exposure to asbestos fibres during working time and at the workplace, as workplaces are located in buildings with materials containing asbestos and the state of the buildings means that, or may lead to the supposition that, fibres escape into the working environment with a consequent risk to persons. In this regard, the CCOO refers, by way of illustration, to cases of uncontrolled educational, industrial, hospital and refuse installations. The union adds that it is essential to assess the materials of installations in order to be able to take adequate action in the very broad range of activities that are undertaken in the presence of asbestos or materials that contain asbestos (maintenance, modification, demolition, etc.), and that it is necessary to develop “maps of the asbestos present” as a requirement to guarantee human health. The Committee requests the Government to provide its comments on this subject and to indicate the manner in which it is ensured that the workplaces referred to by the CCOO are safe and are without any risk to the safety and health of workers.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO), received on 22 August 2014, and the observations of the General Union of Workers (UGT), received on 29 August 2014, which refer mainly to statistics, the decline in the activities of the labour inspectorate and the need for further prevention and protection measures for self-employed workers. The Committee notes the Government’s response to these observations, received 25 November 2014. It will examine these comments in due course.

Article 5(II)(c) of the Convention. Measures aimed at preventing clothing put off during working hours from being soiled by painting material. The Committee notes that, according to the CCOO, Royal Decree No. 374/2001 on chemical hazards does not require enterprises to provide workers with changing rooms and showers, or a set time when they can wash before and after work and separate their work clothing from their non-work clothing to prevent the latter from being soiled, in accordance with Article 5(II)(c) of the Convention. The Committee also notes the Government’s indication that the applicable legislation on the use of white lead consists mainly of European Community regulations, which were transposed into Spanish law by Decree No. 374/2001. The Committee requests the Government to adopt the necessary measures to give effect to Article 5(II)(c) of the Convention and to provide information on this subject.

Article 7. Statistics. With regard to its previous comments, in which the Committee noted that in 2006 two workers were diagnosed with occupational diseases caused by lead, resulting in temporary absence, while in 2012 there were 47 cases, the Government indicates that it does not know the cause of this sharp rise in cases that occurred in two provinces. The Committee notes with concern that, according to the Government, the data published on occupational diseases, following the introduction of CEPROSS (the system for the notification of occupational diseases), do not allow for the disaggregation of information on lead. In this regard, the Committee notes that, according to the UGT, the manner in which the number of occupational diseases is disaggregated in the statistics makes it impossible to know how many were caused by activities in which lead is present. The Committee requests the Government to take the necessary measures to make it possible to disaggregate the relevant data on lead poisoning among working painters in order to give effect to the provisions of Article 7 of the Convention, and to provide information on this subject.

Application of the Convention in practice. Self-employed workers. The Committee requests the Government to continue providing information on the application of the Convention in practice with regard to self-employed workers, and on the activities of the labour inspectorate in relation to the Convention.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) and the General Union of Workers (UGT), received on 12 August 2014 and 29 August 2014, respectively. The Committee also notes the Government’s detailed report, received on 10 September 2014, which includes the observations of the CCOO.

Article 1(1) of the Convention. Scope of application. Self-employed workers. The Committee notes the UGT’s indication that neither the Occupational Hazard Prevention Act nor its related standards apply to self-employed workers. Such workers are therefore not covered by the specific legislation on asbestos, namely Royal Decree No. 396/2006 of 31 March 2006 establishing minimum safety and health measures for workers at risk of exposure to asbestos. The Committee requests the Government to provide information on the manner in which the application of the Convention is ensured for self-employed workers, taking into account the fact that the Convention applies to all activities in which workers are exposed to asbestos in the course of their work.

Articles 3 and 4. Periodic review of national legislation. Consultation with the most representative organizations of employers and workers. The Committee notes that the CCOO emphasizes that there have been many instances which have highlighted the need for Royal Decree No. 396/2006 to be revised and updated in order to adapt it to current conditions, the draft legislation of the European Union, accumulated experience and the state of current knowledge. The CCOO indicates, for example, that the results of the Programme to Monitor the Health of Workers Exposed to Asbestos demonstrate that a number of occupational diseases have been diagnosed, but that only the extremely low level of 2 per cent of them are recognized as such by the Spanish social security system. According to the CCOO, this situation results in a lack of compensation for the workers affected by these diseases, and also reveals serious shortcomings in the procedures. In this respect, the CCOO emphasizes that the table of occupational diseases needs to be extended to include all those which have been scientifically proven as linked to asbestos. It adds that a compensation fund should be established for affected workers who no longer have an enterprise liable for the harm caused to them, after it has been recognized that their health has been affected by exposure to asbestos. The Committee requests the Government to provide information on measures taken or envisaged to examine these questions, in accordance with Articles 3 and 4 of the Convention, in consultation with the most representative employers’ and workers’ organizations concerned.

Article 21(4). Other means of maintaining income. The Committee notes that the UGT highlights the problem of workers who request a change of position (on medical instructions) as they can no longer be exposed to asbestos, which is sometimes impossible because the enterprise for which they work specializes exclusively in removing asbestos. The UGT also indicates that all asbestos victims should be entitled to appropriate medical care and financial support provided by social security schemes, and that the financial support measures should include measures to bring forward the age of retirement and financial support to such workers and their families. The CCOO indicates, with reference to alternative work and the income maintenance of workers, and in light of the current economic situation in Spain, that it is easier to replace the workers, and therefore for workers who have been advised to avoid exposure to asbestos to leave the labour market, than to adopt measures providing affected workers with other means of maintaining their income. According to the CCOO, the problem is therefore of a practical nature rather than a legal nature, as enterprises abandon the workers rather than take measures aimed at adapting and changing working conditions. The Committee requests the Government to provide its comments on this subject, as well as detailed information on other measures that have been taken or envisaged to maintain the income of workers when it is medically inadvisable for them to be permanently assigned to work involving exposure to asbestos, including information on the application in practice of these measures.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations made by the Trade Union Confederation of Workers’ Commissions (CCOO) and by the General Union of Workers (UGT) received on 12 and 29 August 2014 respectively. The Committee notes the Government’s response to these observations, received 25 November 2014. It will examine these comments in due course.

Article 6(2) of the Convention. Duty to collaborate when several employers undertake activities simultaneously at one workplace. The Committee notes the statement of the UGT that the law is strict on the duty to coordinate employers who simultaneously perform activities in one workplace. Nonetheless, according to that trade union, in practice, when an enterprise detects a specific hazard during a preliminary evaluation of an activity to be performed which may imply a particular problem, the enterprise in question subcontracts another enterprise to perform the hazardous work, so as to transfer the responsibility to the subcontractor, and avoid assuming responsibility for possible damage and consequences to which the subcontractor’s workers might be subjected. In this respect, the Committee reminds the Government that Article 6(2) stipulates that, when several employers undertake activities simultaneously at one workplace, they have the duty to collaborate to apply the prescribed measures. The collaboration between employers in the area of occupational safety and health is, therefore, not optional but rather a duty. Consequently, the Committee requests the Government to adopt the necessary measures to give full effect to this Article in practice, including in cases of subcontracting, and to provide information on the monitoring activities carried out in this respect.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations made by the Trade Union Confederation of Workers’ Commissions (CCOO) and by the General Union of Workers (UGT), received on 22 August and 29 August 2014, respectively. The observations of the CCOO were also included in the Government’s report, received on 10 September 2014.

Article 4 of the Convention. Prohibition on the use of benzene and of products containing benzene as a solvent or diluent. Transport workers and those working in loading and unloading. The Committee notes the indication of the CCOO that, under Royal Decree No. 665/97, the first preventive principle relating to carcinogenic substances is to seek an alternative to their use and, although the National Occupational Safety and Health Institute (INSHT) has developed technical notes on prevention, such as Note No. 712 which sets out criteria for replacing substances and products, their application is voluntary. It adds that the limits established for carcinogenic substances should not be considered satisfactory, as there is still a risk even within the established limits. For its part, the UGT indicates that benzene is classed as a category 1A carcinogen and a category 1B mutagen under Royal Decree No. 1272/2008. Although its use in Spain is limited, there are still occupations in which workers are in contact with this highly dangerous chemical. The UGT refers in particular to petrol station workers and fuel transport drivers, who are exposed to risks during refuelling operations. It emphasizes that these workers should be protected and that it would be advisable to establish compulsory protection measures. With regard to the questions raised in its previous comments, the Committee notes the Government’s indication that the fourth additional provision of Royal Decree No. 87/2014 of 14 February, regulating operations for the transport of dangerous goods by road in Spain, refers to the relevant occupational safety and health (OSH) standards in force, namely Act No. 31/1995 on the prevention of occupational risks and the corresponding regulations, and particularly Royal Decree No. 374/2001 on the protection of OSH against risks relating to chemical agents during work, which applies to workers who are potentially at risk of exposure to toxic and flammable products such as benzene. It also indicates that section 1(2) of Decree No. 665/1997 of 12 May sets out the minimum requirements applicable in activities in which workers are or may be exposed to carcinogenic substances, including transport workers, and particularly those engaged in loading and unloading. The Committee requests the Government to indicate the occupations in which workers are in contact with benzene and the mandatory protective standards that give effect to the Convention for these categories, including transport workers and workers engaged in loading and unloading.

Article 11(1). Prohibition on employing pregnant women and nursing mothers in work that involves exposure to benzene. Legislation and application in practice. With reference to its previous comments, the Committee duly notes the information provided by the Government indicating that benzene and products containing benzene are included in Annexes VII and VIII of Royal Decree No. 39/1997, to promote the improvement of OSH for pregnant workers. The Committee also notes the UGT’s indications that if there is no alternative position available, benefits are provided by the social security mutual funds for occupational accidents and diseases. However, it emphasizes that the mutual funds should not delay in granting the benefits, as benzene has harmful effects on both the mother and the foetus during the first three months of pregnancy. The mutual funds should also provide information on these benefits, as there is a significant lack of information available and many workers choose to request leave on grounds of common illness, which results in a reduction of their earnings. Finally, the UGT refers to prevention services and emphasizes the importance of chemical and biological hazard assessment and the design of preventive measures by sufficiently qualified staff. The Committee requests the Government to provide information on how it ensures that application of this Article of the Convention in practice.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations made by the Trade Union Confederation of Workers’ Committees (CCOO) and the General Union of Workers (UGT), received 12 August 2014 and 29 August 2014, respectively. The observations of the CCOO are also included in the Government’s report, received on 10 September 2014.

Article 9 of the Convention. Adequate and appropriate inspection system. The Committee notes that, according to the UGT’s observations, the employment accident rate has continued to increase in 2014 and that, nevertheless, the Labour and Social Security Inspectorate (ITSS) reduced the number of inspections by almost 10 per cent in 2013, which resulted in an apparently lower number of violations reported and of penalties, as indicated in the statistics provided by the Government, and particularly tables of 2012 and of 2013 on ITSS activities – 2009–13, annexed to the Government’s report. The Committee also notes the indication by the UGT that the Government should be more involved in this subject, through an increase in inspections with a view to the enforcement of the legislation that is in force in all sectors and enterprises. The Committee requests the Government to provide its comments in relation to the observations of the UGT.

Article 11(c) and (e), in conjunction with Articles 4 and 7. Notification of occupational accidents and diseases and publication of statistics. National policy. Overall reviews or reviews in respect of particular areas. The Committee notes that, according to the UGT, the publication of statistics on occupational diseases should be modified to adopt a model similar to that used for statistics of occupational accidents. According to the UGT, such statistics should be available in a monthly form, they should specify deaths caused by occupational disease, and provide a breakdown of occupational diseases (showing the code for each occupational disease), based on the Spanish Schedule of Occupational Diseases. In this respect, the Committee notes that in the information on ITSS activities – 2009–13, annexed to the Government’s report, statistics are provided on occupational diseases, compiled by the CEPROSS (the system for the notification of occupational diseases), although they are not disaggregated by branch of economic activity, as is the case for statistics of occupational accidents. The Committee also notes that, according to the CCOO, the system for the recording and notification of occupational diseases should be improved and simplified. It adds that many occupational diseases are not notified as such, but rather as common diseases, and as a result their causes are not identified. The Committee recalls that, according to paragraph 296 of its 2009 General Survey on occupational safety and health, effective data collection and its analysis by a member State is a critical function in order to identify priority areas for OSH action, including the resources and training needed to address deficiencies and later to assess the effectiveness of the action taken. Indeed, the availability of full, reliable and up-to-date statistics on occupational accidents and occupational diseases is indispensable for the formulation and review of a national OSH policy. The Committee invites the Government to review these issues in consultation with the most representative organizations of employers and workers concerned, in the context of the periodical review of its national policy, and also taking into account Article 7 of the Convention, and requests it to provide information on this subject.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with interest the information supplied in the Government’s first report which gives an account of all the legislation and practice giving effect to the provisions of the Convention, and notes in particular the commitment of the Government and the social partners to occupational safety and health, the inter-institutional coordination to develop a culture of prevention, the continuous updating of Action Plans under the Spanish Strategy for Occupational Safety and Health (2007–12) and tripartism.

Article 2(3). Measures that could be taken to ratify relevant occupational safety and health Conventions of the ILO. The Committee requests the Government to provide information on the results of consultations held pursuant to this Article on measures that could be taken to ratify relevant occupational safety and health Conventions of the ILO which are set out in the Annex to the Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197).

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 4(2) of the Convention. Obligation to prohibit the use of benzene and of products containing benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work. The Committee notes the information supplied by the Government in its report indicating, inter alia, the reasons for the date of entry into force of Order PRE/2743/2006, amending Annex I to Royal Decree No. 1406/1989, imposing restrictions on the marketing and use of certain hazardous substances and preparations such as toluene and trichlorobenzene, and Order PRE/2744/2006, which proposes the corresponding measures for aromatic hydrocarbons in extender oils and tyre production. The Committee notes that both are currently in force. Since it is the Committee’s understanding that in certain cases the prohibitions on these substances exclude transport, it requests the Government to indicate, if applicable, what protection measures exist for transport workers and in general those working in loading and unloading, as well as any other workers, who might be exposed to these substances. The Committee also requests the Government to provide information on work which it is still permitted to use benzene or products containing benzene as a solvent or diluent in processes which are not carried out in an enclosed system or where there are other equally safe methods of work.

Article 6(2). Setting of limits for exposure to benzene. Having noted in its previous comments that the limit for occupational exposure to benzene is 3.25 mg, the Committee requests the Government to indicate the manner in which observance of this limit is ensured in practice.

Article 11(1). Prohibition on employing pregnant women and nursing mothers in work that involves exposure to benzene. The Committee notes that Royal Decree No. 298/2009 of 6 March 2009 amends Royal Decree No. 39/1997 through the addition of Annexes VII and VIII promoting improvements in occupational safety and health for pregnant women. Annex VII contains a non-exhaustive list of agents, procedures and working conditions which can have an adverse effect on the health of pregnant women or nursing mothers and on the foetus or the child. Such agents, procedures and working conditions must be taken into account in the evaluation of hazards. Under the new paragraph added to section 4.1(b) of Royal Decree No. 97/1997, pregnant women or nursing mothers may not perform work involving exposure to the agents or working conditions included in the non-exhaustive list in section A of new Annex VIII. The Committee requests the Government to provide information on whether benzene or products containing benzene are included in the aforementioned Annexes VII and VIII and to supply information on their application in practice.

Moreover, the Committee notes with interest that Organic Act No. 3/2007 on effective gender equality, section 5 (workplace hazard prevention policy objectives) of supplementary provision No. 12 amending the Occupational Hazard Prevention Act (LPRL), adds a new paragraph 4, which provides for the introduction of gender-related variables in data collection and processing systems and in general research in this field, with the aim of detecting and preventing possible situations where work-related damage to health may appear to be connected with the sex of the workers. The Committee requests the Government to supply detailed information in this respect, including publications, studies and any general  information on  progress achieved through the inclusion of such variables.

Furthermore, the Committee notes that the abovementioned Act on equality also amends section 26(2) and (4) LPRL, stating, inter alia, that where workplace conditions cannot be adapted or may have a negative impact on the health of pregnant women, the latter must be assigned to different work which is compatible with their condition. The employer must determine, through prior consultation with the workers’ representatives, the jobs which are free of risks for this purpose. The Committee requests the Government to provide information on the application of these provisions regarding OSH in general and the substances covered by the Convention in particular.

Part IV of the report form. Application in practice. The Committee notes the reference made by the Government to specific inspection activities regarding benzene, based on previous regulations. It also notes the recent information and in particular the statistical charts on occupational diseases supplied by the Government. The Committee requests the Government to continue to supply information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Further to its observation, the Committee requests the Government to provide additional information on the following points.

Legislation. The Committee notes the Government’s statement to the effect that during the reporting period the following legislation was adopted: Royal Decree No. 286/2006 of 10 March 2006 on protection of the safety and health of workers against hazards arising from exposure to noise; and Royal Decree No. 1311/2005 of 4 November 2005 on protection of the safety and health of workers against hazards arising from exposure to mechanical vibration, as amended by Royal Decree No. 330/2009 of 13 March 2009, on the same subject. In view of the fact that, at the time of ratification, Spain did not accept the obligations laid down by the Convention with regard to vibration, bearing in mind the major changes in occupational safety and health which have occurred in the country in recent years, and given the information supplied by the Government on legislation with respect to vibration, the Committee requests the Government to clarify whether it is contemplating the possibility of accepting the obligations of the Convention with regard to vibration.

Part IV of the report form and Article 14. Research in the field of prevention and limitation of hazards due to air pollution and noise. Application in practice. The Committee notes the list of research projects undertaken by the National Institute for Occupational Safety and Health in the field of prevention and limitation of hazards arising from air pollution and noise. It also notes the European “Stop that Noise” campaign, with the slogan “Noise at work – it can cost you more than your hearing”, and that last year there was a 30.70 per cent increase in noise-related inspections. This increase was connected with campaigns at all levels (trade unions, administrations of autonomous communities, etc.) which echoed the message of the abovementioned European campaign. The Government indicates that the number of casualties involving hearing loss or deafness as a result of noise (369) compared with the figure for physical agents (19,540) is not relevant and that most noise-related illnesses are minor. Indeed, in 2004, as much as 89.36 per cent of all noise-related illnesses were minor, and the corresponding figures for 2005 and 2006 were 98 and 100 per cent, respectively. The Government also indicates that the category of enterprises accounting for the largest proportion of occupational diseases resulting from hearing loss was the manufacturing industry, followed by the commercial and vehicle repair sectors. The Committee requests the Government to supply information in its next report on the practical application of the Convention and to include further information on the application in practice of the provisions relating to air pollution, particularly in the most affected sectors and in small and medium-sized enterprises (SMEs).

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Further to its observation, the Committee requests the Government to provide additional information on the following points.

Article 9 of the Convention. Adequate and appropriate system of inspection. Penalties. In its previous comments the Committee asked for information on the application of Instruction No. 104/2001 concerning the relations between the Labour and Social Security Inspectorate and the Attorney-General’s Office regarding criminal offences. It notes that on 19 September 2007 the Framework Protocol of Collaboration between the General Council of the Judiciary, the Ministry of the Interior, the then Ministry of Labour and Social Affairs (now the Ministry of Labour and Immigration) and the Attorney-General’s Office was signed, with a view to ensuring effective and rapid investigation into offences against the life, health and physical integrity of workers and the enforcement of convictions. The Government states that the purpose of the Protocol is to establish a general framework of collaboration between administrators involved in combating occupational accidents. The Committee requests the Government to continue to supply information on the application of the Protocol and its contribution towards ongoing improvements to the labour inspection system.

Article 11(c). Notification of occupational accidents and diseases. The Committee notes the detailed statistical information supplied by the Government on occupational accidents, including a detailed analysis thereof. However, the Committee notes the lack of similar information with respect to occupational diseases. The Committee requests the Government to continue to supply information on occupational accidents and to include more information in its report on measures for the compilation and publication of statistics on occupational diseases. In this context, the Government might consider the recommendation of June 2010 of the Conference Committee on the Application of Standards regarding the adoption of measures for the promotion, ratification and effective application of the Protocol of 2002 to this Convention. The Committee requests the Government to send its considerations on this regard.

Part V of the report form. Application in practice. The Committee notes the Government’s information to the effect that, during the 2006–08 period, the respective figures for minor accidents were 98.96, 98.98 and 99.04 per cent. Serious accidents accounted for 0.93 per cent of all accidents in 2007, the equivalent figure for 2008 was 0.86 per cent, while the percentage of fatal accidents remained virtually unchanged. As regards the rate of occupational accidents involving time lost from work per 100,000 workers, the Committee notes that the highest rate is in the construction industry, with slightly fewer than 12,500 lost time accidents in 2008, followed by the industrial sector, where the lost time accident figures were between 9,000 and 12,500. The statistical breakdown of these accidents is as follows: persons falling from heights (28.48 per cent); persons trapped by objects (15.21 per cent); and persons struck by objects (12.66 per cent). As regards the construction industry, the three types of accident are the same but with different percentages, and a noticeable variation in the figure for persons falling from heights, namely 42.58 per cent. The Committee also notes the information to the effect that in 2008 a total of 200 cases were shelved and 264 cases resulted in criminal proceedings, with 134 cases involving occupational accidents or diseases, 125 cases involving criminal proceedings for unlawful exposure to hazards and five cases involving unlawful exposure to hazards and manslaughter. The Committee further notes that: in 2008–09 the “Priority action plan for the reduction of occupations accidents (APA)” continued; a campaign against asbestos was conducted in 2006; a campaign concerning fishing boats (SEGUMAR) was conducted in 2007 and 2008; and campaigns relating to the handling of cargo went ahead in 2007 and 2008. The Committee notes the activities that were implemented and the trends that were identified in those campaigns. It also notes that the most frequent cases of non-compliance with regulations for the prevention of occupational hazards identified by labour inspectors are as follows: (1) inappropriate use of working environment; (2) lack of vocational training for workers; (3) inaccurate evaluation of hazards; (4) non-compliance in relation to workplans; (5) lack of demarcation and signposting of the work area; (6) regulations concerning the use of individual protective equipment; (7) lack of initial or periodic hygiene measures; and (8) deficiencies connected with the registration of data relating to exposure to asbestos. The Committee requests the Government to continue to supply information on the application of the Convention in practice and on the steps taken to deal with the abovementioned cases of non-compliance. Also noting that the Government places emphasis on campaigns in agriculture, including intensive agriculture (greenhouse crops), particularly in the Autonomous Community of Andalucía with a special focus on controls on the application of plant protection chemicals, the Committee requests the Government to supply information in this regard, including information relating to female workers and to migrant workers. 

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1(1) of the Convention. Exposure to asbestos. Communication from Intersindical Canaria. The Committee notes the communication from Intersindical Canaria (the Canary Islands trade union federation), indicating that a large proportion of the roofs of municipal installations housing, inter alia, departments dealing with training and research and prevention of occupational hazards, are covered with Uralite, which contains asbestos, with the risk of the release of respirable fibres into the air and consequently into the lungs. In its reply, the Government provides information on the corrective measures taken. It also quotes extracts from a report carried out by occupational safety and health officers from the Canary Islands Institute of Occupational Safety and Health, stating that the report was not aimed at persons who are exposed to asbestos in the course of their work, since they have received training and are provided with individual and collective protective equipment designed for this kind of exposure. While welcoming the measures indicated by the Government, the Committee recalls that the Convention applies to all activities in which workers are exposed to asbestos in the course of their work, whether in activities using asbestos or products containing asbestos. However, this does not appear to be the kind of situation to which the trade union federation is referring in its communication and would therefore not be a situation to which the present Convention would be applicable.

Articles 1, 2 and 15(3). Professional exposure to asbestos. With reference to its previous comments concerning the provisions of Royal Decree No. 396/2006 concerning occasional, low-intensity exposure to asbestos, the Committee notes the Government’s indication that these provisions are the result of the transposition of Directive No. 83/477/EEC of the Council, amending Directive No. 2003/18/EC of 27 March 2003. The Government also indicates that, according to section 3.2 of the abovementioned Decree, where the results of the risk evaluation provided for in section 5 of the Decree clearly indicate that workplace exposure limits for asbestos in any occasional activities will not be exceeded, the following sections will not apply: 11 (work plans adapted to asbestos); 16 (supervision of the health of workers); 17 (obligatory entry in the register of enterprises at risk from asbestos) and 18 (data records and archives of data relating to environmental evaluations and controls, worker exposure data, conservation of medical records). The Government also emphasizes that the exception laid down in section 3 of Royal Decree No. 396/2006 only operates on the proviso that the activities described in the Decree are undertaken and prior evaluation takes place, and that the results of the evaluation indicate that the workplace exposure limits for asbestos will not be exceeded during the performance of the activities, and also on the proviso that the exposure is occasional and of low intensity. The Government also indicates that this does not imply a lack of protection or supervision of the health of workers who perform work involving such occasional, low-intensity exposure, since, as indicated in section 1 of the Royal Decree, general risk prevention standards apply, such as section 22 of Act No. 31/1995 on the prevention of occupational hazards, section 8 of Royal Decree No. 665/1997 of 12 May 1997 on the protection of workers against hazards arising from exposure to carcinogenic agents in the course of work, and Royal Decree No. 374/2001 on the protection of the safety and health of workers against risks arising from chemical agents at work. In the Committee’s opinion, doubts remain as to whether the exception contained in section 3 of Royal Decree No. 396/2006 merely constitutes an exception to the application of certain provisions of the national legislation on asbestos or whether there are deeper implications regarding the application of the provisions of the Convention to such workers. The Committee therefore requests the Government to provide more detailed information on the manner in which it ensures, in law and in practice, the full application of the Convention in the context of work involving occasional, low-intensity exposure according to the terms of section 3 of Royal Decree No. 396/2006, particularly with regard to Articles 1, 2, 8, 15(3), 20 and 21 of the Convention.

Article 6(3). Preparation of procedures for dealing with emergency situations; Article 17(3). Consultation of workers or their representatives on the workplan; and Article 21(2). Monitoring of workers’ health. The Committee notes the legislative provisions communicated by the Government which give effect to these Articles of the Convention. Noting the Government’s statement that non-compliance with the legislation giving effect to Articles 6(3) and 17(3) of the Convention constitutes a “serious administrative infringement”, the Committee requests the Government to provide information on the application of these provisions in practice.

Article 21(4). Alternative employment and maintenance of income where assignment to work involving exposure is medically inadvisable. The Committee notes the Government’s statement to the effect that under section 37(3)(f) of the Prevention Service Regulations and section 25 of the Occupational Hazard Prevention Act (LPRL), the employer shall take all necessary preventive and protective measures, which may include, where applicable, a change of job and even, as a last resort, the termination of the worker’s contract, in cases where the aforementioned measures cannot reasonably be adopted or, having been adopted, prove to be insufficient. The Government also indicates that measures that may be adopted are diverse in nature, priority having always to be given to measures which affect the job rather than those which have an impact on the individual worker, in accordance with the principle of adaptation of the work to the person established by section 15(d)(1) LPRL. The Committee requests the Government to provide information on the manner in which, should measures for providing alternative employment or termination of the contract be insufficient, the worker’s income is maintained in practice.

Part V of the report form. Application in practice. The Committee notes the detailed statistical information supplied by the Government including on inspection activities and the 2006 campaign entitled “Asbestos kills – Prevent exposure”. The Committee also notes that the Government supplies information on increasingly frequent cases of non-compliance with regard to the prevention of hazards in the workplace, but that this information refers to prevention in general and only one statement appears to refer to the present Convention, namely concerning deficiencies in the registration of data on exposure to asbestos. The Committee requests the Government to supply information on any trends observed with regard to the increasingly frequent cases of non-compliance specifically in relation to the present Convention, the types of difficulty connected with the registration of data on exposure to asbestos, and the measures taken to deal with this issue.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Legislation. The Committee notes that during the reporting period the following legislation was adopted: Order ITC/101/2006 of 23 January 2006 approving the complementary technical instruction (ITC) concerning the minimum content and structure of safety and health documents for mining and quarrying (implementing Royal Decree No. 1389/1997 of 5 September 1997 approving the minimum provisions for the protection of safety and health in mining activities); Order ITC/1316/2008 of 7 May 2008 on preventive training in occupational safety and health, implementing the General Regulations concerning Basic Mining Safety Standards; Royal Decree No. 975/2009 of 12 June 2009 on waste management in mining and quarrying and protection and rehabilitation of areas affected by mining activities; and Order ITC/1607/2009 of 9 June 2009 approving ITC No. 02.2.01 concerning the establishment, maintenance, repair and inspection of work equipment, implementing the General Regulations on Basic Mining Safety Standards. The Committee also notes the Government’s reference to Organic Act No. 3/2007 of 22 March 2007 concerning effective gender equality and Royal Decree No. 298/2009 of 6 March 2009 amending Royal Decree No. 39/1997 (Regulations on Prevention Services) incorporating provisions on the general content of the risk of workplace hazard evaluation for pregnant or nursing women. It also notes that Act No. 20/2007 (Statute of Independent Work) envisages the collaboration of self-employed workers and workers from another company or other companies with regard to the obligations of cooperation, information and instruction. The Committee further notes the information supplied by the Government in its report regarding the legislation which gives effect to the following Articles of the Convention referred to in the Committee’s previous direct request: Article 5(4)(c) and (d); Article 7(b) and (g); Article 8; Article 10(c); and Article 13(2)(c). The Committee requests the Government to continue to supply information on legislation which is relevant to the application of the Convention.

Part V of the report form. Application in practice. The Committee notes the statistical information supplied by the Government corresponding to the
2004–07 period. It notes that 41,883 workers were employed in the sector in 2006 and 37,974 in 2007. It further notes that, according to the chart on the number of workers employed in the mining sector in Spain in 2007 in terms of the activity to which they are assigned under the National Classification of Economic Activities, the majority of workers are distributed among the following three branches of mining and quarrying: sand and clay (35 per cent), stone (31 per cent), and anthracite and soft coal (20 per cent). The Committee requests the Government to continue to supply information on the number of workers covered by the Convention, indicating how many are self-employed workers and the respective percentages of men and women. It also requests the Government to supply information on problems of application and infringements reported by the labour inspectorate and also on trends in the types of infringement encountered by inspectors and the steps taken or contemplated to deal with them. In addition to the general information on the application of the Convention in practice, the Committee requests the Government to supply specific information on the practical application of the following legislation, as noted by the Committee in the first paragraph of this comment, in so far as it is relevant to the application of the Convention: Order ITC/1316/2008 on preventive training in occupational health, including, for example, teaching materials and information on the number of workers who received the training; Organic Act No. 3/2007 and Royal Decree No. 298/2009; and Act No. 20/2007 (Statute of Independent Work).

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1 of the Convention. Scope. Particular branches. In its previous comments, the Committee referred to aviation and maritime crews, who were excluded from the application of Royal Decree No. 1316/1989, and asked the Government to indicate which standards give effect to the Convention and, ultimately, guarantee the protection it affords to air and maritime transport workers. The Committee notes with satisfaction that the Government states that Royal Decree No. 286/2006 of 10 March 2006 on protection of the safety and health of workers against hazards arising from exposure to noise repealed Royal Decree No. 1316/1989 and that the exceptions provided for in section 1(2) of the repealed Decree relating to aviation and maritime crews were no longer present in the new text. Royal Decree No. 286/2006 also provides in its single transitional provision that the obligation laid down in section 8 – that on no account shall exposure of workers, determined in accordance with section 5.2 (comparison with exposure limits), apply to staff on board maritime vessels only – will apply as from 15 February 2011. The Committee requests the Government to supply detailed information on the practical application of the Convention to workers in the aviation and maritime sectors.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the debate which took place in the Conference Committee on the Application of Standards in June 2007 and the conclusions resulting from the debate. The Conference Committee observed that this case should serve as an example of good practices. It congratulated the Government on the considerable efforts made to improve the situation of all workers with regard to occupational safety and health (OSH) and asked the Government to continue to supply information in this regard, including on migrant workers.

Legislation. The Committee notes with interest the legislation adopted in the area of OSH for various sectors and spheres (such as, inter alia, self‑employment, subcontracting, construction workers), the heavy penalties for violations of the relevant legislation, and the updating of the list of occupational diseases. It notes that section 8.1 of Act No. 20/2007 of 11 July 2007 (Self‑Employment Regulations) states that the competent public administration shall assume an active role in the prevention of occupational hazards to self‑employed workers by means of activities promoting prevention, technical advice, monitoring and controls on compliance with OSH standards. It also lays down conditions regarding the right to stop work and abandon the workplace when the activity in question entails a serious imminent hazard. It also regulates the application, in cases where self-employed workers and workers from another enterprise or other enterprises are working together, of the obligation to cooperate and also the obligations to provide information and training as laid down in section 24(1) and (2) of Act No. 31 of 1995 on coordination of business activities. The Committee also notes Royal Decree No. 1299/2006 of 10 November 2006, approving the schedule of occupational diseases in the social security system. The Government reports that Act No. 32/2006 of 18 October 2006 concerning subcontracting in the construction industry lays down a set of guarantees to avoid any lack of controls in this sphere. The guarantees include: requiring compliance with specific conditions so that subcontracting beyond the third level meets objective criteria, in order to avoid practices which endanger OSH; the requirement for these enterprises to meet quality and solvency criteria and the strengthening of guarantees concerning training in occupational risk prevention; and increasing the participation of workers. Furthermore, new regulations have been adopted in relation to infringements arising from non-compliance by subcontractors, contractors and promoters of their obligations regarding risk prevention. These provisions are set out in Royal Decree No. 1109/2007. The Government refers to the adoption of Royal Decree No. 597/2007 of 4 May 2007 concerning the publication of penalties for serious infringements relating to occupational risk prevention. Finally, the Committee notes Royal Decree No. 1027/2007 of 20 July 2007 approving regulations on heating installations in buildings and Royal Decree No. 1644/2008 of 10 October 2008 laying down standards regarding the sale and installation of machinery.

Articles 4 and 7 of the Convention. National policy and overall reviews or reviews in respect of particular areas. The Committee notes with interest that, in accordance with the provisions of these Articles, national policy on OSH is being reviewed and updated, as borne out by numerous recent legislative changes in this area, adopted as part of the Spanish Strategy on Occupational Safety and Health (2007–12), which was supported by the National Occupational Safety and Health Committee, in which the General Administration of the State, the Autonomous Administration and the most representative employers’ and workers’ associations are represented. The Committee notes that the strategy in general terms encompasses occupational risk prevention policies in the short, medium and long term, and seeks to transform the values, attitudes and conduct of all stakeholders in occupational hazard prevention, with the aim of reducing accident rates and progressively improving working conditions. The Government states that the strategy is based on the idea that, in order to achieve these general objectives, eight operational objectives have been established, which, for structural reasons and taking account of the main stakeholders, have been grouped into two major sections: (a) those relating to the prevention of occupational hazards in the workplace; and (b) those relating to public policies. Each objective has given rise to various lines of action and the latter in turn have resulted in various specific measures giving practical expression to the objectives, designating the person responsible for implementation of the measures and establishing a time frame for launching and implementing them. The Committee notes that, in connection with the evaluation and follow-up of the strategy, a working group on follow-up action to the Spanish OSH strategy has been set up within the National Occupational Safety and Health Committee. The Government also indicates that it has drawn up an initial plan of action, an evaluation of which was carried out up to October 2008, and has drawn up a second plan of action up to June 2010, when a further review of the strategy was due to be carried out and another phase of work to be prepared. The Committee requests the Government to continue to supply information on the manner in which the review of the national OSH policy was carried out and also on any other review which may be undertaken. It also requests the Government to supply information on the conclusions and changes arising as a result of any review and to continue to supply information on national policy trends in this area.

Application of the strategy for small and medium-sized enterprises (SMEs). The Committee notes with interest objective 1 of the strategy, “Achieving better and more effective compliance with social security and occupational health regulations, especially in relation to SMEs,” and also the particular measures contemplated in this context to promote compliance with OSH legislation by SMEs. For example, provision has been made for the National Occupational Safety and Health Institute (INSHT) to draw up a code of practice specifically concerning the application of prevention regulations by SMEs and micro‑enterprises. Furthermore, all INSHT guides on prevention regulations must contain a specific chapter on their application by SMEs. The strategy also provides that all future standards on occupational hazard prevention must contain a report on their application in SMEs and, if applicable, differentiated measures for SMEs must be included. With a view to the simplification of their occupational hazard prevention obligations, enterprises of up to ten workers will be provided with public advice regarding the organization of their prevention activities, with the promotion of self-evaluation involving standard models for various sectors and specifying activities or hazards which require specialized technical help. Simplified procedures are established for enterprises employing fewer than 50 workers. The “Spanish Occupational Safety and Health Network” will be developed as an instrument for promoting and supporting cooperation and the exchange of information and experience among its members. The INSHT as administrator of the network and focal point for the European Agency for Safety and Health at Work will promote awareness and dissemination of information relating to occupational hazards among SMEs. Recalling that the plan of action for achieving satisfactory levels of ratification and effective application of OSH instruments, approved by the Governing Body in March 2010, pays particular attention to SMEs and to research into particularly relevant applications or practices in OSH that also improve productivity and are attainable for SMEs, the Committee considers that the particular focus placed on SMEs by the Spanish strategy could contribute towards establishing good practices in this area. The Committee therefore requests the Government to supply detailed information on the implementation of OSH measures aimed at SMEs and on their results, including achievements and any problems encountered, and also requests the Government to supply copies of materials which have been devised, such as the INSHT codes of practice referred to by the plan.

The Committee is raising other points in a request addressed directly to the Government.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Legislation. Self-employed workers. The Committee notes the information provided by the Government concerning Act No. 20/2007 of 11 July 2007, containing the Self-employed Workers’ Charter, section 8 of which establishes the legal framework on the prevention of occupational risks for self-employed workers. The Government indicates that this group of workers also carries out painting work involving exposure to sulphate of lead. The Committee notes that this section provides that the competent authorities shall promote specific prevention training adapted to the specific characteristics of self-employed workers and also covers the right to abandon the workplace when the worker considers that the activity entails a serious and imminent danger, as well as establishing the duty to cooperate and provide information and training in the event that self-employed workers carry out work in the same workplace as workers from another company or companies. The Committee would be grateful if the Government would provide information on the application of these provisions in practice.

Article 7 and Part V of the report form. Application in practice. Further to its previous comments, the Committee notes that in 2006, two workers were diagnosed with occupational diseases caused by lead, whereas in 2002 there were 47 cases. The Committee would be grateful if the Government would provide information on the possible reasons for this decrease.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 14 of the Convention. Alternative employment or other measures offered for maintaining income where continued work involving exposure is inadvisable. With reference to its previous comments. The Committee notes with interest the adoption of Basic Act No. 3/2007 of 22 March on effective equality between men and women and its enabling provisions. The Act introduces a new contingency to be protected, namely risk during breastfeeding, which it equates with pregnancy, and at the same time raises the level of protection by increasing the economic benefit to 100 per cent to the regulatory base, equivalent to the real wage. Furthermore, it treats these contingencies as occupational, which means that all women workers are covered whether or not they have prior periods of contribution and even when the employer has failed to affiliate and register the worker. The Committee requests the Government to provide information on applications for alternative employment filed in connection with this Article and on the action taken on them.

Parts III and V of the report form. Application in practice. The Committee notes the detailed information supplied by the Government on inspections and the tables relating the inspections with ionizing radiations. It notes that during the period 2007–09, there were no instances of cancer caused by ionizing radiations and that in 2007, the group of enterprises which notified the most cases of occupational diseases caused by ionizing radiations as physical agents was the manufacturing sector (57.14 per cent), followed by commerce, repair of vehicles and personal and domestic items (28.6 per cent). The Committee requests the Government to provide information on the type of work in the abovementioned group of enterprises that notified these cases, indicating, for example which sectors in manufacturing are the most exposed to ionizing radiations, and any measures taken to improve the protection of workers in these sectors. It also asks the Government to continue to provide information on the work done by the labour inspectorate in connection with ionizing radiations, including statistical information.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 15 of the Convention and Part V of the report form. Enforcement measures including appropriate inspection and penalties. Information on application including summaries of Labour Inspectorate reports, number and nature of violations reported. The Committee notes with interest the detailed information provided by the Government on the Labour Inspectorate’s activities in this regard, including statistics on inspection activities between 2004 and 2008 and notes, in particular, the part of the report entitled, “Major conclusions of inspection activities in monitoring compliance with the regulations on the guarding of machinery during the period 2004–08”. According to the report, although the number of inspections carried out in this area varies between 14.83 per cent and 18.48 per cent of the total inspections carried out by the Labour Inspectorate with regard to occupational safety and health, this is where the majority of penalties and corrective measures are imposed by the Labour Inspectorate. Between 61.43 per cent and 82.80 per cent of temporary closures ordered by the Labour Inspectorate, between 34.62 per cent and 41.08 per cent of the total penalties suggested with regard to occupational safety and health, and between 53.36 per cent and 65.95 per cent of the total proposals for supplementary benefits following occupational accidents or diseases resulted from a failure to comply with the regulations on the guarding of machinery or work equipment. The Committee requests the Government to provide information on the measures taken or envisaged to tackle the problems mentioned in the conclusions concerned and to continue providing statistics on the application of the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report and the attached legislation.

2. Article 4, paragraph 2, of the Convention. Obligation to prohibit the use of benzene and products containing benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work. The Committee understands that on 5 September 2006 an Order was adopted, No. Pre/2743/2006, to amend Annex I to Royal Decree No. 1406/1989 setting restrictions on the marketing and use of certain hazardous substances and preparations including trichlorobenzene, which may not be marketed or used as a substance or component of preparations in concentrations equal to or greater than 0.1 per cent by mass, except for use: as an intermediate of synthesis, or as a process solvent in closed chemical applications for chlorination reactions, or in the manufacture of 1,3,5-trinitro-2,4,6-triaminobenzene. The Committee understands that these restrictions will not apply until 15 June 2007. It also understands that with the adoption on 5 September 2006 of Order Pre/2744/2006 Annex I to Royal Decree was amended No. 1406/1989 to impose restrictions on the marketing and use of certain hazardous substances and preparations (polycyclic aromatic hydrocarbons in extender oils and tyres). Noting that tyres are produced by using extender oils that may contain polycyclic aromatic hydrocarbons (PAHs) which can be incorporated into the tyres, and as a result, PAHs can be emitted into the environment. PAHs, which include benzo(a)pyrene, have been classified as carcinogenic, mutagenic and toxic to reproduction. The Committee notes that in order to provide a high level of protection to human health and the environment, extender oils may not be marketed or used in the manufacture of tyres if they contain more than 1 mg/kg BaP, or more than 10mg/kg of the sum of all listed PAHs (Benzo(a)pyrene, Benzo(e)pyrene, Benzoanthracine, Benzofluoranthene and Dibenzoanthrene). The Committee notes that the restrictions will not apply until 1 January 2010. It also notes from the information provided by the Government that enterprises using benzene as a solvent (glues, adhesives, paints, varnishes, etc.) have been replacing it with other, less dangerous products, and that article 59 of the collective agreement of the Leather Goods Group of Madrid, Castilla-La Mancha, La Rioja, Cantabria, Burgos, Soria, Segovia, Avila, Valladolid and Palencia bans the use in any enterprise or activity of adhesives with benzoe or benzene, because it is considered toxic. In view of the foregoing and the hazardous nature of these substances and preparations, the Committee requests the Government to explain in its next report why it has postponed application of Order Pre/2743/2006 until 15 June 2007 and of Order Pre/2744/2006 until 1 January 2010. It also asks the Government to state whether it plans to ban the use, marketing and manufacture of other benzene derivatives in the near future. Lastly, with reference to its previous comments, the Committee requests the Government once again to provide a copy of the report issued on the outcome of the labour inspectorate’s action plan, carried out several years ago, for the supervision of the relevant legislation on benzene, and to state whether any similar action plans have been carried out recently.

3. Article 6, paragraph 2. Establishment of ceilings for occupational exposure to benzene. The Committee notes with interest the adoption of Royal Decree No. 349/2003 of 21 March 2003, section 9 of which sets the maximum limit for occupational exposure to benzene at 3.25 mg. The Committee requests the Government to continue to provide information on future legislative measures to reduce even further the maximum limit for concentration of benzene in the air.

4. Article 11, paragraph 1. Prohibition on employing pregnant women and nursing mothers in work that involves exposure to benzene. With reference to its previous comments, the Committee notes from the information sent by the Government that it conducted a number of campaigns in the provinces in connection with the problem of benzene being used in black market enterprises where pregnant women or nursing mothers work, but that no instances of this were noted. The Committee also notes with interest that the labour inspectorate has produced and edited a number of publications dealing with safety and health for pregnant women, aimed at making social workers and the inspectors themselves more aware of the problems that exist in this area. It refers in particular to the preparation and distribution of a good practices guide to improve safety and health for reproduction and maternity reasons, which deals at length with physical and chemical risks (including the use of benzene and its derivatives) at work. The Committee requests the Government to continue to provide information on progress made in applying the relevant legislation in all enterprises where pregnant women or nursing mothers work and in which benzene or benzene products are used. It also requests the Government to provide copies of the publications referred to in the report.

5. Part IV of the report form. Application of the Convention in practice. The Committee notes the statistical data in the Government’s report pertaining to inspections carried out in the period from 1997 to 2003 that concerned benzene. It notes with interest the decrease in the number of infringements reported and the number of workers affected in 2003 as compared with previous years. The Committee requests the Government to continue to provide statistical data showing how effect is given to the Convention in practice.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s reports and the attached legislation. The Committee understands that, on 31 March 2006, Royal Decree No. 396/2006 was adopted establishing the minimum safety and health provisions applicable to work involving a risk of exposure to asbestos. The Committee also understands that the Decree repeals, among other provisions, the Order of the Ministry of Labour and Social Security of 31 October 1984, approving the regulations on work involving the risk of asbestos, the Order of the Ministry of Labour and Social Security of 7 January 1987, establishing supplementary standards to the regulations on work involving the risk of asbestos, and the Order of the Ministry of Labour and Social Security of 26 July 1993.

2. Articles 1, 2 and 15, paragraph 2, of the Convention. Exposure to asbestos. In its previous comment, the Committee recalled that, by virtue of Article 1, the Convention applies to all activities involving the exposure of workers to asbestos in the course of work. Exposure to asbestos is defined in Article 2(e) of the Convention as “exposure at work to airborne respirable asbestos fibres or asbestos dust, whether originating from asbestos or from minerals, materials or products containing asbestos”. By virtue of section 2 of Royal Decree No. 396/2006, it would appear that where exposure is sporadic and of low intensity, the workers are not covered by the legislation applicable to work involving the risk of exposure to asbestos. In this respect, the Committee requests the Government to provide information on measures taken to guarantee that the Convention applies to all activities involving the exposure of workers to airborne respirable asbestos fibres or asbestos dust in the course of work and it requests the Government to indicate in its next report the progress achieved in this regard.

3. Article 5. System of inspection. The Committee notes that the Monitoring Commission for the application of the regulations on work involving the risk of asbestos has been abolished and that its functions have been transferred to the National Occupational Safety and Health Commission (Royal Decree No. 1879/1996), which is tripartite and includes representation by all competent authorities in the field of safety and health at the regional level. The Committee also notes that one of the first actions of the above Commission was to establish a specific working group on asbestos. The Committee understands that, on 21 December 2005, the National Occupational Safety and Health Commission, in plenary session, approved four documents/proposals made by the working group on the following subjects: (a) the problem of the official registration of occupational diseases caused by asbestos; (b) the reliability of measurements of airborne asbestos; (c) measures to minimize the economic and social impact resulting from the prohibition of the use and commercialization of chrysotile asbestos; and (d) technical criteria for the recognition of diseases resulting from exposure to asbestos. The Committee requests the Government to keep it informed of any measure adopted to secure compliance with the legislation, which shall be secured by an adequate and appropriate system of inspection including appropriate penalties, in accordance with this Article of the Convention.

4. Article 6, paragraph 3. Preparation of procedures for dealing with emergency situations. The Committee notes that section 20 of Act No. 31/1995 guarantees the application of this provision of the Convention and that the employer shall analyse potential emergency situations and adopt the necessary first aid measures. The Committee requests the Government to provide information on the measures taken to ensure the employer’s obligation to prepare the procedures to be applied in emergency situations in cooperation with the occupational safety and health services and after consultation with the workers’ representatives concerned, as required by this paragraph of Article 6 of the Convention.

5. Article 17, paragraph 3. Consultation of workers or their representatives on the workplan. The Committee understands that, in accordance with section 11(6) of Royal Decree No. 396/2006, the workers’ representatives shall be consulted on the workplan. In this respect, the Committee requests the Government to provide information on the effect given to this provision in practice.

6. Article 21, paragraph 2. Monitoring of workers’ health. The Committee notes that Act No. 31/1995 on the prevention of occupational risks establishes the obligation for employers to ensure the monitoring of workers’ health free of charge. The Committee requests the Government to indicate the legal provision which provides that such monitoring, as provided in paragraph 2 of this Article, shall take place, as far as possible, during working hours.

7. Article 21, paragraph 4. Alternative employment and the maintenance of income. The Committee once again requests the Government to indicate the measures adopted or envisaged to ensure that, when continued assignment to work involving exposure to asbestos is found to be medically inadvisable, every effort is made, consistent with national conditions and practice, to provide the workers concerned with other means of maintaining their income.

8. Part V of the report form. Application in practice. The Committee notes the information on the activities of the Labour and Social Security Inspectorate in relation to asbestos during the five-year period 1999-2003. Among other trends, it notes the increase as from the year 2000 in the number of activities and the number of infringements reported. The Committee requests the Government to continue providing statistics in its next report on the number of activities, the number of infringements reported, the number and nature of the penalties applied, etc. It also requests the Government to provide with its next report extracts of the reports or recommendations made by the National Occupational Safety and Health Commission and by the specific working group on asbestos, as well as summaries of the reports of the labour inspectorate, so that it is in a better position to assess the application of the Convention in practice.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the Government’s report, including information in response to its previous comments and copies of recently adopted legislation. It notes the adoption of Decree No. 783/2001 of 6 July 2001 (2001 Decree) regulating radiation protection of workers and laying down basic safety standards for the protection of the health of workers and the general public against dangers arising from ionizing radiation, which repeals Decree No. 53/1992 of 24 January 1992. With reference to its previous comments, the Committee notes with satisfaction that the 2001 Decree gives effect to Article 3, paragraph 1, Article 6, paragraph 2, Article 7, paragraph 2, and Article 13 of the Convention and that it provides for dose limits in accordance with the recommendations of the International Commission on Radiological Protection (ICRP) of 1990, to which the Committee referred in its 1992 general observation under the Convention.

2. Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. With reference to its previous comments, the Committee notes with interest the Government’s indication that section 25 of Law No. 31/1995 and legislation on social security and protection against ionizing radiation, also cover the provision of alternative employment opportunities for workers having prematurely accumulated their lifetime dose. The Committee further notes with interest the Government’s statement that workers having accumulated an effective dose beyond which is detrimental to the worker’s health, are entitled to economic benefits under the social security legislation, or as agreed in collective agreements, in order to maintain their income. With regard to pregnant women, the Committee notes with interest that sections 14, 15 and 17 of Decree 1251/2001 provide for an economic benefit of 75 per cent of the “regulatory base” for temporary incapacity benefits as a manner to maintain the income of pregnant women, which could also be improved in certain cases by collective agreements. Recalling the terms of its general observation of 1992 under this Convention, in particular paragraph 32, the Committee requests the Government to provide further information on the practical application of this Convention, in particular on the measures taken or envisaged to offer workers concerned, who are not covered by social security legislation or collective agreements, alternative employment or other measures for maintaining their income, and to provide examples of collective agreements containing provisions on such other measures offered.

3. Article 15 and Parts III and V of the report form. The Committee notes the information on the practical application of the Convention. It notes in particular that the number of inspections carried out has increased by 7.7 per cent compared to 2003 and that the number of infringements recorded has decreased since 2000. The Committee encourages the Government to continue to submit all available information, for instance, statistical information on the number of workers exposed to ionizing radiations disaggregated by gender if available, extracts from inspection reports showing the number and nature of infringements observed, copies of any official publications addressing issues related to ionizing radiations, etc.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes with interest the detailed information contained in the Government’s report. It notes in particular the great change in the country in relation to occupational safety and health conditions which occurred with the adoption of Act No. 31/1995, a Framework Act, and its subsequent development through regulations, as envisaged under section 6 of the Act, which has made it possible to develop and facilitate the application of the Convention. It notes that, with the adoption of the above Act, the national legislation distanced itself from the traditional approach of considering occupational safety and health from the viewpoint of the compensation of damage, and replaced it with a fundamentally preventive approach to occupational safety and health. In this respect, the Committee requests the Government to keep it informed of any legislative developments which contribute to giving effect to the Convention.

2. Article 11(e) of the Convention. Publication of occupational accidents and diseases. The Committee also notes the information provided by the Government concerning trends in relation to occupational accidents. It notes the statistics prepared by the Ministry of Labour and Social Affairs on trends in the total number of occupational accidents for the period 2003-05. It notes that in 2004 there was a slight decrease in the total number of occupational accidents in comparison with 2003 (-0.34 per cent), although this trend was reversed in 2005, with an increase of 3.8 per cent in relation to 2004. With regard to the gravity of the accidents, the Committee notes the increase in 2005 in the percentage of light injuries, which accounted for 98.9 per cent of the total, leading to a reduction in the percentage of serious injuries. It further notes that the number of fatal accidents remains practically constant, as the total number of such accidents has been reduced in recent years. The Committee notes an increase in 2005 in the number of employment accidents investigated by the Labour and Social Security Inspectorate. The Committee requests the Government to continue providing information on trends in relation to occupational  accidents.

3. The Committee notes with interest the information provided by the Government on the many activities undertaken in accordance with the Plan of Action of 1998 and the indication that its application has contributed to increasing the level of compliance with rules on the prevention of occupational risks and to promoting a culture of prevention. It notes that as a continuation, supplement and improvement to the Plan of Action of 1998, the following instruments have been adopted: Plan for the Improvement of Occupational Safety and Health and the Reduction of Accidents, dated 22 April 2005; Spanish Occupational Safety and Health Strategy, 2005-08; National Programme of Reforms in Spain, approved on 13 October 2005; and the National Plan of Priority Actions to Reduce Accidents, 2006. The Committee notes that the objective of these instruments is in all cases to improve working conditions, achieve higher levels of occupational safety and health and reduce occupational accidents and occupational diseases. The Committee considers that the above instruments contribute to the improved implementation of Article 4 of the Convention. In this respect, the Committee requests the Government to provide information on the measures adopted in accordance with the instruments referred to above and their impact in practice.

4. Article 9. Penalties. The Committee notes the brief information provided by the Government on the application of Instruction No. 104/2001 on the relations between the Labour and Social Security Inspectorate and the Office of the Public Prosecutor regarding criminal offences in the field of occupational safety and health. It notes that, under the terms of the above Instruction, a total of 621 and 579 cases were referred to the Public Prosecutor in 2004 and 2005, respectively. The Committee recalls that in its previous comment it requested the Government to provide additional and detailed information on the manner in which the Convention is applied at the enterprise level, including extracts of labour inspection reports and the number and nature of the contraventions reported. Accordingly, and taking into account the fact that the Government confined itself in its last report to providing information on the number of cases referred to the Public Prosecutor in the years 2004 and 2005, the Committee requests the Government to provide additional and detailed information in its next report on the manner in which the Convention is applied at the enterprise level, including extracts of labour inspection reports and the number and nature of the contraventions reported.

5. The Committee notes with interest the information provided by the Government that section 3 of Act No. 4/2000 of 11 January 2000, on the rights and freedoms of foreign nationals in Spain and their social integration, provides that foreign nationals may exercise the rights acknowledged by the Act on an equal footing with Spanish nationals. It notes that the legislation governing occupational safety and health conditions is applicable equally to national and foreign workers. It also notes the information provided by the Government that Act No. 31/1995 on the prevention of occupational risks is of universal application and that it covers all working relationships irrespective of their specific legal status. It notes with interest the efforts that are being made by the public administration to disseminate and promote the legislation on the prevention of occupational risks and the culture of prevention to migrant workers through the publication and dissemination of educational materials in various languages. The Committee also notes with interest that the Spanish Observatory on Racism and Xenophobia started operating on 21 March 2006, as a body attached to the General Directorate of Immigration in the Secretariat of State for Immigration and Emigration of the Ministry of Labour and Social Affairs, and that it will undertake a specific analysis of the situation in society with regard to racial discrimination, adopt the necessary measures to prevent this type of discrimination and contribute to developing a more just and egalitarian society. The Committee also notes the information provided by the Government that there was an increase in the number of inspections carried out by the Labour and Social Security Inspectorate in 2005 in the province of Almería in relation to the prevention of occupational risks. With regard to the situation of Moroccan workers in El Ejido in Almería, the Committee notes the Government’s indication that specific inspection campaigns are planned on the working conditions of foreign workers (the payment of taxes and contributions, hours of work, training and information on the prevention of occupational risks and the applicable collective agreement). The Committee requests the Government to provide any document issued by the Spanish Observatory on Racism and Xenophobia relating to discrimination in the workplace and information on the results of the specific inspection campaigns relating to the working conditions of foreign workers. The Committee also requests the Government to keep it informed of any development relating to the broad application of the legislation to all workers in the country.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the Government’s report. It also notes the information on new standards most relevant to the application of the provisions of the Convention.

2. Part IV of the report form. With reference to its previous comments, the Committee notes the statistics supplied in the Government’s report on contraventions recorded by the labour inspectorate in relation to safety and health in commerce and offices for the period 2002-03. The Committee notes that most columns in the table show a reduction in the number of contraventions. There are figures, however, which reflect an increase in the number of contraventions regarding medical services. These contraventions affect the application in practice of Article 19 of the Convention. The Committee requests the Government to indicate the measures taken or envisaged and the nature of the contraventions recorded for the purpose of rectifying the offences detected by the labour inspection services in order to ensure that this provision of the Convention is applied fully in practice. The Committee also refers to paragraphs 1 to 6 of its comments under Convention No. 155.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information supplied by the Government in its report, including accompanying legislation and, in particular, the text of Act No. 54/2003 of 12 December 2003 reforming the Prevention of Work-related Hazards Act, which, according to the Government, regulates the obligations and responsibilities of the persons involved in the prevention of work-related hazards: the State and Autonomous Communities, social agency officials and other bodies concerned with the subject, including them in all the enterprise’s decision-making levels and bodies and promoting a culture of prevention. The Committee also notes the text of Royal Decree No. 171 of 30 January 2004 which relates to some sections of the Act on the Prevention of Work-related Hazards in regard to coordination of managerial activities.

2. Article 1, paragraph 1, of the Convention. Scope of the Convention -particular branches. In its previous comments, the Committee requested the Government to indicate the measures adopted or envisaged to guarantee the protection provided by this provision of the Convention to aviation and maritime crews who are excluded from the application of Royal Decree No. 1316/1989, by virtue of section 1. The Committee notes the Government’s reference in its latest report to certain instruments of international bodies including Directive 2003/10/EC which lays down that the provisions of the Directive apply to all activities in which workers are or can be exposed to noise-related hazards as a consequence of their work, and to the Government’s intention to amend Royal Decree No. 1316/1989 to take into account the new provisions of the Directive which must be transposed into domestic law by 26 February 2006. The Committee requests the Government to indicate specifically which standards give effect to the Convention and, ultimately, guarantee the protection it affords to air and maritime transport workers.

3. Article 8, paragraph 1. Limitation of exposure to air pollution. The Committee notes that Royal Decree No. 374/2001 of 6 April on the protection of workers’ health and safety against hazards related to chemical agents during their work contains a series of definitions including "air pollution", "hazardous chemical agent", "maximum environmental values" (maximum reference values for concentrations of the agents in the workers’ breathing environment), "daily exposure" and "short-term exposure". The Committee also notes that section 3, paragraph 1, of the Decree specifies the obligation of the enterprise to determine whether hazardous chemical agents are present at the workplace. The Committee notes the publication by the National Institute of Occupational Safety and Health at Work of the document on maximum limits of occupational exposure to chemical agents in Spain.

4. Article 14. Research in the field of prevention and control of hazards in the working environment due to air pollution and noise. In its previous comments, the Committee took note of the new functions of the National Institute of Occupational Safety and Health at Work and requested the Government to keep it informed of the research carried out by the Institute. Since the latest report contained no information on the matter in question, the Committee requests the Government once again to supply information on the research carried out by the Institute in regard to prevention and limitation of risks due to air pollution and noise.

5. Part IV of the report form. The Committee notes the information supplied regarding the inspection visits on noise and air pollutants and their results and requests the Government to continue providing such information in future reports. The Committee also refers to paragraphs 1 to 6 of its comments under Convention No. 155.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided by the Government in its first report.

2. The Government is requested to provide, in its next report, information concerning the following points:

-  Article 5, paragraph 4(c), of the Convention - legal or regulatory provisions containing protective measures to secure abandoned mine workings so as to eliminate or minimize risks to safety and health;

-  Article 5, paragraph 4(d) - legal or regulatory provisions establishing requirements for the safe storage, transportation and disposal of hazardous substances used in the mining process and waste produced at the mine;

-  Article 7 subparagraph (b) - measures taken to ensure that the mine is commissioned, operated, maintained and decommissioned in such a way that workers can perform the work assigned to them without endangering their safety and health or that of other persons;

-  Article 7 subparagraph (g) - measures taken by the employers in order to eliminate or minimize the risks to safety and health in mines in respect of zones susceptible to particular hazards, by drawing up and implementing an operating plan and procedures to ensure a safe system of work and the protection of workers;

-  Article 8 - measures taken or envisaged in order to ensure that an emergency response plan, specific to each mine, is prepared for reasonably foreseeable industrial and natural disasters;

-  Article 10(c) - measures and procedures taken to establish a system so that the names of all persons who are underground can be accurately known at any time, as well as their probable location;

-  Article 13, paragraph 2(c) - information on legislative or other measures to determine the procedure in the course of which the safety and health representatives have recourse to advisers and independent experts.

3. Part V of the report form. Application in practice. Please provide additional information on how the Convention is applied in practice in your country, including extracts from inspection reports, and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, if possible disaggregated by sex, the number and the nature of infringements reported, etc.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes with interest the detailed information provided by the Government. It notes in particular that a large number of legislative texts - more than 100 according to the Government’s report - have been adopted regarding occupational safety and health which, in the Government’s view, have a particular importance to giving effect to the Convention: Decree No. 39/1999 of 5 November, on reconciling professional and family life; Legislative Decree No. 5/2000 of 4 August, approving the consolidated text of the Act on offences and penalties pertaining to social order; Decree No. 138/2000 of 4 February approving the regulation on organization and functioning of the work and social security inspector; Act No. 54/2003 of 12 December, reforming the framework of standards on occupational risk prevention; and Decree No. 171/2004 of 30 January, enlarging on the provisions of section 24 of Act No. 31/1995 of 8 November, on occupational risk prevention. The Government also draws the Committee’s attention to the adoption of the following texts: Decree No. 614/2001 of 8 June, on minimum standards in protecting workers’ safety and health against the risks involved in using electricity; Decree No. 374/2001 of 6 April, on protecting workers’ safety and health against the risks involved in the occupational use of chemical agents; Decree No. 681/2003 of 12 June, on protecting workers’ safety and health against the risks of exposure to explosive agents; Decree No. 1124/2000 of 16 June, on protecting workers’ safety and health against occupational exposure to carcinogenic agents; and Decree No. 349/2003 of 21 March, extending the latter’s scope to mutagenic agents. Noting those important developments, the Committee requests the Government to submit a detailed report, indicating the manner in which this new legislation contributes to the application of the Convention, including succinct information on the principal changes from the previous situation.

2. The Committee notes the information supplied in response to its comments of 2000 regarding the observations of the General Union of Workers (UGT) on occupational accidents in Spain. The Committee notes that the Government indicates that the high number of cases to which the UGT refers can be explained by the fact that the "occupational accident" definition, for the purpose of statistics, is broader in Spain than in other European countries, since Spain’s data include occupational accidents that occur on the way to work and "non-traumatic pathologies", accidents concerning employers and self-employed workers, as well as accidents causing an interruption of work of less than three days. The Government also indicates that the accidents are notified in a way which unduly increases the numbers, but that this anomaly is being rectified. Finally, the Government specifies that, based on a detailed examination of workplace accidents that had occurred between 1999-2003 - which are the relevant accidents in the context of inspection and prevention - the majority of these accidents were "less serious" accidents. The Committee requests the Government to continue to provide information concerning the trends regarding occupational accidents, as well as further information regarding the type of accidents considered as "less serious", other more serious accidents, and on measures taken after such "more serious accidents".

3. In its report, the Government also refers to specific measures taken at national and institutional level. These include the adoption, at sectoral meetings, of annual integrated programmes concerning the activities carried out by the Labour and Social Security Inspectorate in pursuing its objectives for improving occupational safety and health and reducing the number of occupational accidents. The Committee notes the information that one of the areas covered by the action plan to combat occupational accidents, adopted by the National Health and Safety Commission in 1998 is to "strengthen action in the areas of supervision, control and penalties". The Committee notes that this action plan was in particular aimed at establishing coordinated action between the various partners involved, such as the general state administration, the autonomous communities, and workers’ and employers’ organizations, in order to increase the efficiency of the various partners’ activities. In addition to these general measures, the abovementioned programmes covered all actions aimed at reducing the number of occupational accidents, without prejudice to autonomous communities’ specificities, as well as to the specific action for sectors with jobs that were deemed to be particularly dangerous or sectors having a higher number of accidents. The Committee requests the Government to continue to provide information on the above mentioned measures taken, as well as on their impact in practice. The Committee also requests the Government to indicate if a revision of the action plan is foreseen in the near future.

4. The Committee notes the information that the legal reform referred to previously (paragraph 1) had become necessary, inter alia, to make employers more accountable with regard to the prevention of risks falling within their purview, and to extend their responsibility beyond a mere formal application of the obligations laid down in the collective agreement between the Government and the social partners. The abovementioned reform concerned the legal framework for risk prevention, taking into account new forms of work organization - in particular the use of subcontractors in the construction sector - and the strengthening of the supervisory system of the Labour and Social Security Inspectorate, inter alia, by stepping up activities to raise awareness and promote preventive action by setting up campaigns to inform the public about the prevention of occupational risks. The Committee notes in particular the information that Instruction No. 104/2001 on relations between the Labour and Social Security Inspectorate and the Public Prosecutor regarding criminal breaches of occupational safety and health was adopted, in order to promote greater coordination and efficiency in the application and defence of the penal provisions on offences pertaining to occupational safety and health. The Committee notes this information and observes that subject to a detailed examination of the newly adopted legislation, the efforts made during the period covered by the report hold promise for improved accident prevention countrywide. It hopes that all the Government's efforts, including the nationwide coordination of occupational safety and health activities will be reflected in the practice of enterprises and, ultimately, in the occupational accidents statistics. The Committee requests the Government in its next report to provide additional and detailed information on the manner in which the Convention is applied at the enterprise levels, including extracts of labour inspection reports and the number and nature of contraventions ordered.

5. The Committee also notes the information provided by the Government in response to its comments of 2000 regarding the observations of the Democratic Confederation of Labour (CDT-Morocco) reporting acts of xenophobia, racism, and intolerance against migrant Moroccan workers and their families in El Ejido. The Committee notes that the Government refers to the report of the Labour and Social Security Inspectorate in Almeria, including the examination of the action undertaken regarding foreign workers. According to the Government, this examination, which started in September 2003 and lasted for nine months, covered 173 reports of contraventions and revealed that the Provincial Inspectorate was not informed by Moroccan workers of irregularities, discrimination, lack of supervision of employment and working conditions in rural areas, or bad treatment affecting the workers’ dignity and physical and psychological integrity. The Government concludes that it is impossible to ascertain the existence of ill treatment and discrimination against these workers. The Committee points out that in previous comments, likewise based on an observation from CDT-Morocco, it referred to particularly harsh working conditions in greenhouses, where migrant workers are often employed and that the government stated that an agreement between agriculturists’ organizations and trade unions on the scrupulous application of the collective bargaining agreements and that occupational safety and health inspectors are also collaborating. The Committee notes that the Government's latest report contains no information in this respect. With reference to the significant efforts to improve the occupational safety and health situation in the country demonstrated by the legislative changes introduced, the Committee urges the Government to take all necessary measures to ensure that all workers - irrespective of the nature of the employment relationship under which they work - are able to draw the benefit thereof through effective implementation of the relevant legislation, efficient dissemination of information regarding applicable laws and regulations including possible means of redress and further improvements of the labour inspection services including the development of appropriate methods to monitor the working conditions of all workers in the country. The Committee requests the Government to provide the information mentioned and to keep it informed of any progress made regarding the application of the legislation to all workers in the country.

[The Government is asked to reply in detail to the present comment in 2006.]

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report and the legislation adopted, which continues to apply the provisions of the Convention.

Article 7 and Part V of the report form. The Committee notes the statistics on occupational diseases resulting in absence from work caused by lead and its compounds, as well as those of the Labour and Social Security Inspectorate on health and safety in relation to lead and its derivatives. It notes the considerable increase in the number of diseases caused by lead and its compounds and, at the same time, the decrease in the number of inspections by the Labour and Social Security Inspectorate. The Committee requests the Government to provide information shedding light on these facts.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s latest report as well as the information supplied by the Government in response to its previous comments. It would draw the Government’s attention to the following points.

1. The Committee notes the Government’s indication that the dose limits for workers’ exposure to ionizing radiation remain the same, but that the Council Directive 96/29/Euratom of 13 May 1996, laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiations, is currently being introduced into national law through the revision of Real Decree 53/1992 of 24 January 1992 concerning the protection against ionizing radiation. The Committee while noting that the Council Directive 96/29/Euratom of 13 May 1996 is in conformity with the latest recommendations of the International Commission on Radiological Protection (ICRP), hopes that the revision work of Real Decree 53/1992 will be accomplished in a near future and that the revised Decree will entirely reflect the maximum permissible dose limits recommended by the ICRP, in order to give effect to the provisions of Article 3, paragraph 1, Article 6, paragraph 2, and Article 7, paragraph 2, of the Convention. The Committee requests the Government to communicate a copy of the above revised Real Decree once it has been adopted.

2. Article 13. Protection against accidents and in emergency situations. The Committee notes with interest the resolution of 20 October 1999 concerning the information of the population on health protection measures applicable and concerning the conduct in emergency situations related to radiations. Noting that the above resolution only contains provisions regarding the information requirements of the population in emergency situations and with reference to its previous comments, the Committee requests the Government to indicate whether criteria exist justifying the exceptional exposure of workers dealing with accidents or emergency situations. In this respect, the Committee again draws the Government’s attention to the indications contained in paragraphs 16-27 and 35(c) of its 1992 general observation under the Convention, and paragraphs V.27 and to V.30 concerning the protection of workers undertaking an intervention of the International Basic Safety Standards of 1994. It requests the Government to indicate the criteria specifying the circumstances in which exceptional exposure is authorized, the measure taken or envisaged to optimize protection during accidents and emergency operations, particularly with regard to the design of the workplace and the equipment and devices at the workplace, and the planning of emergency intervention techniques, the utilization of which, in emergency situation, would make it possible to avoid exposing individuals to ionizing radiations.

3. Article 14. Alternative employment. (a) Accumulated lifetime dose. With regard to the provision of alternative employment opportunities not involving exposure to ionizing radiations for workers having prematurely accumulated their lifetime dose, the Committee notes section 25 of Law 31/1995 of 8 November 1995, as amended, on the prevention of occupational risks, according to which the employer must guarantee the effective protection of workers who are, because of personal qualities or their present physical status, particularly sensitive about the risks deriving out of the work. In addition, workers will not be assigned to a work, in the execution of which they could bring themselves, because of their personal qualities, into dangerous situations. The Committee, considering that the above provisions are of a more general character, requests the Government to indicate whether the provision of alternative employment opportunities not involving exposure to ionizing radiations for workers having accumulated an effective dose beyond which is detrimental to the worker’s health is considered unacceptable is also covered by the provisions of section 25 of Law 31/1995. If this is not the case, the Committee requests the Government to take the appropriate measures to provide the workers concerned with suitable alternative employment or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure is found to be medically inadvisable, to ensure effective protection of workers, as regards their health and safety, against ionizing radiations, provided for in Article 3, paragraph 1, of the Convention.

(b) Pregnant women. The Committee notes with interest section 26 of Law 31/1995 of 8 November 1995 as amended, on the prevention of occupational risks, providing for the employer’s obligation to adopt the necessary measures depending on the results of the risk assessment, to avoid the exposure of pregnant women to the risks identified. To this effect, the pregnant woman may temporarily change the working place and her functions. However, if the change of the place of duty is technically and objectively not possible, and where it is impossible for safety and health reasons to reinstall the pregnant woman in her previous post, the employment contract might be suspended during the period of pregnancy (Article 45.1(d) of the Workers’ Statutes). In view of this fact, the Committee requests the Government to indicate in which manner the income of the pregnant woman is maintained. In this respect, the Committee wishes to point out that, since the provision of alternative employment or other means to maintain the income of the worker concerned constitutes a general principle of occupational safety and health to ensure effective protection of workers, this principle deserves even more attention with regard to women workers during their pregnancy in order to avoid any possible discrimination based on their pregnancy.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s report.

Part IV of the report form. The Committee notes the statistics supplied with the Government’s report concerning the violations detected in the area of safety and health in commerce and offices by the labour inspection services for the period 1997-2001. The Committee notes with concern the increasing number of infractions identified, in particular with regard to sanitary conveniences and facilities for leaving clothing and other related services, personal protection equipment, medical services and services for the health surveillance of workers. The Committee observes that the above violations would affect in particular the application in practice of Articles 15, 17 and 19 of the Convention. The Committee therefore requests the Government to indicate the measures taken or envisaged and the number and nature of contraventions reported with a view to remedying the infractions observed by the labour inspection services so as to ensure that the number and provisions of this Convention are fully applied in practice.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Further to its observation and with regard to Article 6, paragraph 2, of the Convention, the Committee notes the adoption of Royal Decree 1124/2000 on the protection of workers against hazards related to exposure to carcinogenic agents at work, which modifies Royal Decree 665/1997 on the same subject. It notes with interest section 5 stating that workers’ exposure will not exceed the carcinogenic agent limit value established in Annex III of this Decree. For benzene the exposure limit is 3.25 mg/m³ calculated during a reference period of eight hours which reflects the exposure limit value established in the Council Directive 97/42/CEE on the protection of workers from risks related to exposure to carcinogenic agents at work. The Committee requests the Government to continue to supply information on any future legislative measures to lower further the maximum limit for the concentration of benzene in the air.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s last report and the information provided in response to its comments. It draws the Government’s attention to the following points.

1. Article 4, paragraph 2, of the Convention. The Committee notes the adoption of Royal Decree 374/2001 on the protection of workers’ health and safety against risks related to chemical agents at work. It notes with interest section 8 in conjunction with Annex III of this Decree prohibiting the production, fabrication and use of benzidine, a derivate of benzene, which is used as a solvent for dyers in many industries such as the shoe leather industry. The Committee further notes paragraph 2 of section 8 enumerating the possible derogations from this general prohibition. For the cases of derogation, paragraph 3(b) stipulates that benzidine is always to be processed in an enclosed system. With regard to the work with benzene and with products containing benzene other than benzidine, the Committee notes again section 5 of resolution No. 6248 of 15 February 1977 on work with benzene and with products containing benzene prescribing that the work with benzene and with products containing benzene is to be carried out in an enclosed system whenever possible and, in the absence of an enclosed system, other safety measures must be assured. Pursuant to section 2, paragraph 2, of the resolution, it is strictly prohibited to carry out any work with products containing benzene outside of those workplaces where the implementation of the instructions contained in this resolution can be adequately and permanently monitored. In this context, the Committee refers to the Government’s indications provided to the Conference Committee in 1992 according to which the petroleum refinery industry apparently represents the main domain where benzene was produced. In view of this fact, the Committee requests the Government to indicate whether it is envisaged to prohibit the use, fabrication and production of other forms of benzene like the Royal Decree prescribes for benzidine. In addition, it asks the Government to supply information on the domains where benzene is still used in whatever form in order to enable the Committee to appreciate the extent to which problems would occur as a result of using benzene. The Committee further requests the Government to communicate a copy of the report issued on the outcome of the labour inspectorate’s action plan, devoted to the supervision of the relevant legislation related to benzene, which has already been carried out already several years ago.

2. Article 11, paragraph 2. With regard to the special protection requirements for pregnant women and nursing mothers, the Committee notes that the Government again refers to section 26 of the Law on the Prevention of Occupational Risks 31/1995 obliging the employer to carry out a risk assessment and, depending on the result of this risk assessment, to adopt the necessary measures to protect effectively the safety and health of e.g. pregnant women and nursing mothers against the specific risks detected. The Committee refers to its previous comments where it had noted that both the Government and the CC.OO. had made reference to black market enterprises involving the use of benzene in work processes in which certain provisions of the Convention were not adequately complied with, such as, in particular, the employment of pregnant women and nursing mothers in such work processes, contrary to Article 11, paragraph 1, of the Convention. Hence, it appears that the problem is not a legal one, but related to the supervision of the practical application of the relevant legislation. In the absence of any indications contained in the Government’s report in this respect, the Committee therefore requests the Government to indicate the action taken or envisaged in particular at inspection level in order to ensure the application of the relevant legislation in all enterprises using benzene or products containing benzene.

3. Part IV of the report form. The Committee notes the statistical data supplied with the Government’s report on the inspection activities carried out by the Labour Inspection and Social Security Inspectorate in relation to benzene. The Committee invites the Government to continue to provide statistical data reflecting the manner in which effect is given in practice to the Convention in the country.

4. The Committee is addressing a request directly to the Government concerning another point.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the comments made by the General Union of Workers (UGT) regarding the situation of occupational accidents in Spain. The union states that each time a greater number of people lose their lives as a result of accidents at work. Currently 4.22 such deaths are registered per day. Spain has the highest number of occupational accidents in Europe. Between January and September 1999 a 17 per cent increase in the number of accidents was recorded compared to the same period in 1998 and mortal accidents increased by 4 per cent. From January to September 1999, 1,235,659 accidents were recorded (688,341 involved loss of work days while 547,318 did not), of which 1,103 were mortal ones. This situation is a clear sign that the Government of Spain is in violation of Convention No. 155. The Government of Spain continues not to take the measures foreseen by the action plan against occupational accidents as well as those called for by the law on the prevention of occupational risks itself, and employers continue not to comply with the law. More than 53 per cent of enterprises do not carry out risk assessment. In fact since the entry into force of this law on risk prevention in 1996, and up to 1998, accidents resulting in loss of working days grew by 22.17 per cent and those resulting in death grew by 9.06 per cent.

The UGT considers the main causes of the increase of accidents at work to be the precarious nature of conditions of work, the failure of employers to fulfil their responsibilities, and the disinterest shown by the Government. In its view, during the preceding year, the Government limited itself to announcing future measures and taking bureaucratic steps to establish some kind of institution already foreseen in the action plan as well as in the law on prevention of occupational risks, such as the Foundation for the Prevention of Occupational Risks, but nothing has started functioning. Neither was the National Plan for Training in Occupational Accidents Prevention developed during this period, nor did the meeting foreseen between the Auditor-General of the State and the Office of the Presidency of the National Commission on Occupational Safety and Health take place. This lack of coordination between the various administrations to facilitate the implementation of the plan is provoking a slowdown in the attainment of its objectives.

The UGT states that labour inspection should have increased its activities and the quality of these activities in order to ensure the implementation of the law by the employers and the Auditor-General of the State should have pursued infractions of standards on the safety and health of workers. Currently there is no efficient planning being done regarding the tasks of labour inspection.

Many of the occupational accidents result from the non-fulfilment of their responsibility on the part of management that could fall under penal responsibility. The Penal Code of Spain labels such behaviour as penal offences (sections 316, 317 and 318). However, the representatives of the auditors emphasize that such misconduct remain unpunished because they are usually dealt with by the system of justice for offences or misdemeanours (Justicio de Faltas) and do not have "the required guarantees, time limit, expertise and counter expertise required to provide evidence of the facts" and that furthermore, "if the labour inspection has not fulfilled its assignment, the Auditor-General’s Office cannot function because it is deprived of the most abundant and the most reliable source of information.

The Committee would be grateful if the Government would address the questions raised by the UGT in order to permit the Committee to assess the situation in a more complete way.

2.  The Committee notes the comments made by the Democratic Confederation of Labour (CDT-Morocco) evoking the context of the attack against migrant Moroccan workers and their families in El Ejido in an atmosphere of xenophobia, racism and intolerance. It then recalls that Convention No. 155 provides for the elaboration and implementation of a national policy that has as its aim the prevention of accidents and injury to health arising out of, linked with or occurring in the course of work, by minimizing the causes of hazards inherent in the working environment. It indicates that 13,000 Moroccan workers work in the Province of Almeria in Spain, and 95 per cent of them are engaged in the agricultural sector. The owners of the farms employ these migrant workers in greenhouse plantations where the temperatures reach 50 degrees centigrade and the use of pesticides results in lung ailments and skin diseases among the workers. Press coverage of the incidents referred to the fear shown by some of these workers to openly complain about their working and living conditions for fear that their irregular status would be discovered.

The Government in its reply to these comments indicates that 13,422 Moroccan residents have been regularized up to 31 March 2000, and that they, along with the rest of the migrant workers of 112 different nationalities, enjoy the same legal labour rights and the same protection under the laws and collective agreements regarding labour and social security rights as Spanish citizens.

The Government further indicates that, although it recognizes that working conditions in the greenhouses are difficult due to high temperatures and the handling of pesticides, it maintains that all Moroccan and Spanish workers are protected by occupational safety and health standards as well as the provision of the required personal protective equipment which, if not provided, can be reported to the provincial labour inspection or the labour court. Furthermore, the Government adds that these same harsh conditions due to intensive greenhouse cultivation practices have been faced and shared by the Spanish workers and all workers of other nationalities for over 20 years. In relation to the application of collective agreements, the Government states that there is a firm agreement between the agricultural organizations and the trade unions to ensure the scrupulous implementation of this agreement and that labour and social security inspectors will contribute to this.

The Committee welcomes the regularization of the rest of the migrant workers in question which it hopes will permit their inclusion in all the measures the Committee hopes the Government will soon take to ensure that the admittedly harsh conditions of work and the precarious occupational safety and health conditions will be improved. It hopes the Government will continue to follow up the situation closely and that it will keep the Office informed of all developments in this regard.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the detailed information provided by the Government in its last report.

The Committee notes with satisfaction that the new standards respecting protection against radiation apply to the public in general.

1. In its previous direct request, the Committee requested the Government to take into account the new exposure limits adopted by the International Commission on Radiological Protection (ICRP) in 1990, respecting exposure to ionizing radiations. The Committee notes the information provided by the Government on the incorporation of the ICRP's recommendations in the EURATOM Directive, which will be included in national law and give rise to the revision of the directives currently in force in the country. In this respect, the Committee recalls that, in accordance with Articles 3, paragraph 1, and 6, paragraph 2, of the Convention, maximum permissible doses and amounts shall be kept under constant review in the light of current knowledge with a view to ensuring effective protection for workers against ionizing radiations. The Committee requests the Government to indicate in its next report the measures which have been adopted to adapt the national directives to the recommendations adopted by the ICRP in 1990, which were reflected in 1994 in the International Basic Safety Standards developed under the auspices of the IAEA, ILO, WHO and three other international organizations. The Committee requests the Government to confirm the new maximum doses indicated in its report for workers who are exposed in their work, for pregnant women and for workers who are not directly engaged in radiation work, in accordance with Article 8 of the Convention.

2. Article 7, paragraph 2, of the Convention. The Committee notes that the Workers' Charter, Act 8/80, in section 6 prohibits the admission to work of persons under 16 years of age. Sections 10 and 11 of the Royal Decree establish maximum doses for students over 18 years of age, between 16 and 18 years and under 16 years, who have to handle radioactive sources for the purposes of their studies. According to the information provided by the Government, Royal Decree No. 53/92 envisages the possibility of students undergoing training receiving doses which are no higher than those permitted for the public in general. Taking into account the fact that once the ICRP recommendations are adopted, new maximum limits will be established for students or apprentices aged 18 years or over, between 16 and 18 years, and new maximum limits for the public in general, the Committee requests the Government to indicate the new limits established for this category of persons.

3. Protection against accidents and in emergency situations. The Committee notes the information provided by the Government to the effect that the criteria justifying the exceptional exposure of workers to deal with accidents or emergency situations may be revised in the future in line with the next EURATOM Directive. In this respect, the Committee refers once again to paragraphs 16 to 27 and 35(c) of its general observation of 1992, and paragraphs V.27 and V.30 of the International Basic Safety Standards of 1994, and requests the Government to indicate in its next report the circumstances in which exceptional exposure is authorized, the measures which have been taken or are envisaged to optimize protection during accidents and emergency operations, particularly with regard to the design of the workplace and the equipment and protective devices at the workplace, and the planning of emergency intervention techniques, the utilization of which, in emergency situations, would make it possible to avoid exposing individuals to ionizing radiations.

4. Alternative employment. (a) Accumulated lifetime dose: The Committee notes with interest the information provided on Decree No. 792/1961, of 13 April, which in section 25 establishes that "physicians who, in the exercise of their functions and as a consequence of the tests which they carry out on workers, discover any symptom of occupational disease which does not constitute temporary incapacity, but the progression of which could be prevented by the transfer of the worker to another job within the same enterprise (...) shall inform the enterprise accordingly (which is obliged to comply with this medical directive) and the labour authority". The Committee requests the Government to indicate whether, in work involving ionizing radiations, measures have been taken or are envisaged to ensure that alternative employment is provided to workers whose continued assignment to work involving exposure to ionizing radiations is medically inadvisable due to an accumulated effective dose so great that detriment considered unacceptable would arise.

(b) Pregnant women: Noting the limits established for pregnant women, the Committee requests the Government to indicate the measures which have been taken or are envisaged concerning the provision of alternative employment. Finally, the Committee would be grateful if the Government would indicate whether cases have risen in which employers have provided alternative employment to the above two categories of workers.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information provided by the Government in its report, and the legislative texts attached, with particular reference to the Act respecting the Prevention of Work-related Hazards, No. 31 of 8 November 1995 which, according to the Government, introduces into national legislation Directive No. 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work. With regard to the comments made by the Committee concerning the observations transmitted by the General Union of Workers (UGT), the Committee notes that Royal Decree No. 1316, of 13 November 1989, appears to cover officials in the public administration, as confirmed by section 3 of the Act respecting the Prevention of Work-related Hazards (Act No. 31 of 8 November 1995).

Article 1, paragraph 1, of the Convention. The Committee also notes with interest the responses to the observations made by the UGT and the Trade Union Confederation of Workers' Committees (CC.OO.), on which the Committee had commented previously. Furthermore, in its previous comments, the Committee requested the Government to indicate the measures which had been taken or were envisaged to guarantee the protection provided by this provision of the Convention to aviation and maritime crews, who are excluded from the scope of Royal Decree No. 1316/1989 under the terms of its first section. The Committee notes that section 3 of Act No. 31/95 respecting the prevention of work-related hazards, which concerns the scope of the Act, does not exclude aviation and maritime crews. Nevertheless, the Government replies that aviation and maritime crews are governed by the technical standards of the producers of aircraft and trucks, which come under the control of the Ministry of Industry. The Committee requests the Government to provide specific information on the standards which give effect to the Convention and thereby guarantee the protection afforded by it to workers in air and maritime transport and in trucks (in this latter case, in accordance with the Government's indication).

Article 8, paragraph 1. The Committee also notes the information provided by the Government concerning the possibility for workers to request that measurements be made of the levels of noise in the workplace when they consider that such levels are uncomfortable for them and disturb their work. This information was provided in reply to the observations made by the Trade Union Confederation of Workers' Committees (CC.OO.).

The Committee notes the adoption of the Order of 29 March 1996 amending Schedule I to Royal Decree No. 245 of 1989 respecting the determination and limitation of the admissible noise levels for specific working equipment and machinery.

Article 14. The Committee notes that section 8 of the Act respecting the prevention of work-related hazards, No. 31/95, contains provisions which give the Institute new functions, and particularly those set out in subsection 3, relating to the provisions of Royal Decree No. 577/1982. The Committee requests the Government to keep it informed of the measures adopted to restructure the Institute, as well as on the research work carried out by the Institute and its results.

Part IV of the report form. The Committee notes the information supplied in relation to inspection visits and their results and would be grateful if the Government would continue providing such information in future reports.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with interest the detailed information provided by the Government in its report, and particularly the information on the application of Articles 11(b) and (d), 13 and 19(f) of the Convention, thereby responding to the comments made by the Workers' Labour Union (USO) -- regional union of Gijón. The Committee also notes the many legal texts on occupational safety and health which were attached. The Committee will examine the content of the above texts at one of its forthcoming sessions. The Committee also requests the Government to continue providing information on the activities of the National Institute for Occupational Safety and Health (INST) which are related to the application of the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

With reference to its previous direct request, the Committee requests the Government to send additional clarifications on the following points:

1. Article 11(b). The Committee notes the Government's indication that workplace hygiene is evaluated taking into consideration the effects of simultaneous exposure to more than one agent. The Government is requested to continue to provide information in its future reports on any prohibitions or limitations made upon the use of substances or agents due to consideration given to the effects of simultaneous exposure to several hazards.

2. Article 11(d). The Committee notes with interest the information provided by the Government to the effect that the computerization of investigation and control of occupational accidents undertaken by the National Institute for Occupational Safety and Health (INSHT) is progressing. The Committee notes that this plan is still at the pilot stage and has not yet been implemented at national level. It requests the Government to continue to provide information in its subsequent reports on the progress made in implementing this plan at the national level.

3. Articles 13 and 19(f). The Committee notes the indication that the measures taken by the workers' representatives or the competent safety authorities under section 19(5) of the Workers' Charter (Act No. 8 of 14 March 1980) will be based upon assessment of the high probability of accident. It has also noted the indication that, if this is not possible, the weight of importance placed by the law upon the general duty to the employer would be lessened in the event of an imminent and serious danger to occupational safety and health. In its comments, the Trade Union Confederation of Workers' Commissions (CC.OO.) indicated that the right to remove oneself from imminent and serious danger was available to individual workers and that judicial recourse could be made on the matter. The Government states in its report that the future Act on prevention of occupational hazards will specifically establish the worker's right in this regard, in accordance with European Community Directive No. 89/391. The Committee hopes that the new Act will ensure workers' rights in the event of serious and imminent dangers, in accordance with Articles 13 and 19(f) of the Convention, and requests the Government to indicate in its next report the progress made in this regard.

4. Article 14. The Committee notes the comment made by the CC.OO. that questions of occupational safety and health are not included at all levels of education and training as called for by the Convention. The Committee also notes that, under section 7 of Royal Decree No. 577 of 1982, the National Institute for Occupational Safety and Health (INSHT) is responsible for programming, organizing and carrying out plans and training courses for occupational safety and health technicians. The Government is requested to indicate in its next report any measures taken by the INSHT or other competent authority to ensure that questions of occupational safety and health are included at all levels of education and training.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. With reference to Article 8, paragraph 1, of the Convention, the Committee notes the Government's comments in reply to the observations made by the General Union of Workers (UGT) concerning section 4(2) of Royal Decree No. 1316/1989. The Government states that the Royal Decree establishes obligations for the employer which are not merely dependent on the will of the employer. Compliance with these obligations is ensured by administrative supervision, combined with the activities of the National Occupational Safety and Health Institute, and of workers' representatives in the field of occupational safety and health.

The Committee once again draws the Government's attention to paragraph 7(1) of the ILO Code of practice on protection of workers against noise and vibration in the working environment, which provides that the level of noise and/or vibration in the working environment should be measured whenever: (a) the work undertaken or the workplace is likely to carry a risk of noise; (b) the monitoring of the workplace or of the workers' health, or inspection visits demonstrate that the risk might exist, or; (c) the workers feel that they are exposed to levels of noise and/or vibration which bother them or their work. The Government is requested to indicate the measures which have been taken to ensure that the decision to measure the levels of exposure to noise at the workplace are not only the responsibility of the employer, but can also be invoked for the reasons given above, and to indicate in particular whether workers can request that measurements be made of the noise levels in the working environment when they consider that such levels are bothersome to themselves or their work.

The Committee requests the Government to provide information on the number and nature of offences reported under the second additional provision of the Royal Decree. It also requests the Government to provide copies of extracts of the research published by the National Occupational Safety and Health Institute, if such research has been undertaken, concerning criteria relating to the effects of noise on the health of workers.

2. The Committee recalls that it raised a number of matters in its previous observation concerning the following points:

Article 1, paragraph 1. The Committee notes from the comments made by the UGT that Royal Decree No. 1316 of 27 October 1989 respecting the protection of workers against risks due to occupational exposure to noise does not apply to civil servants or self-employed workers. The Committee understands, however, that by virtue of section 1, the Decree applies to all workers irrespective of the type of contract, with the exception of aviation and maritime crews. Since, by virtue of Article 1, paragraph 1, the Convention applies to all branches of economic activity, the Government is requested to indicate whether civil servants are in practice covered by the above Decree and, if not, to indicate the measures that have been taken to ensure the protection of these workers against the effects of exposure to noise which are harmful to their health. The Government is also requested to indicate the measures which have been taken or are envisaged to provide the protection afforded by the Convention to aviation and maritime crews.

Article 8, paragraph 1. In its previous observations, the Committee noted the observations made by the Trade Union Federation of Workers' Commissions (CC.OO) to the effect that the protection of workers against hazards due to noise is not designed to protect workers against hazards other than those directly affecting their hearing. The Committee draws the Government's attention to Appendix 2 of the above Code of practice, in which it is indicated that the effects of noise on hearing can be of a physiological, mental or pathological nature and that these effects can affect hearing and other organs of perception, and that they can also be of a general nature. In its comments, the UGT also states that Decree No. 1316 of 1989 does not take into account the other effects which might result from exposure to noise. In its latest report, the Government states that Royal Decree No. 1316 was designed taking into account all the effects of exposure to noise and states that section 1 of the Decree refers to risks due to exposure to noise, and particularly its effects on hearing. The Committee also notes that section 2(1) of the Decree provides that the level of noise at the workplace should be lowered to the lowest level technically possible. It requests the Government to continue supplying information on any measure that is taken at the enterprise level, either at the initiative of the employer, or at the request of the labour inspectorate, to reduce levels of noise on the grounds of their harmful effects other than on hearing.

Article 14. In its previous comments, the Committee noted the information provided by the CC.OO that the budget for the National Occupational Safety and Health Institute had been reduced by one-third, and that the number of staff of the Institute had been reduced by one-quarter. It notes that, according to the indications provided by the Government in its latest report, this reduction has not been prejudicial to the effectiveness of the Institute in view of the fact that, on the contrary, other factors related to the management of resources made possible a considerable improvement in the effectiveness of preventive action without increasing staff numbers. The Government adds that the financial and technical resources have not in fact been reduced, but that they have been dispersed in the context of a process of decentralization. It also refers to a reform that would result in new responsibilities and a more appropriate organization of the Institute so that it can achieve its inspection objectives more effectively in the fields of the prevention and control of occupational risks. In this respect, the Government is requested to keep the Office informed of the measures adopted to restructure the Institute, as well as any other measure taken to improve the inspection system in the country.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes the comments made by the Workers' Labour Union (USO) - regional union of Gijón concerning the hazard which may affect female workers and their families, from a contract firm in the cleaning service of the General Hospital of Asturias since they are obliged to wash their work clothes at home, in contrast to national health institute staff whose clothes are laundered at the workplace. The trade union organization indicates that the hygiene measures required by the Community Standard regarding all staff of the regional hospital centre are not applied to cleaning workers. It expresses its disagreement with the report issued by the Provincial Technical Office of Asturias which states that the hygiene working conditions of the staff who clean the rooms and other premises in the General Hospital of Asturias are satisfactory, and that the workers receive a gown, masks and disposable gloves as working clothes. The report concludes also that the risk of contagion from certain diseases carried on working clothes is remote.

The Committee notes that the Government refers to section 138 of the General Ordinance on Safety and Hygiene at Work which does not allow working clothes for workers exposed to toxic, irritant or infectious substances to be taken away from the factory. It also refers to the opinion of the Service for Preventive Medicine of the General Hospital which considers it unnecessary for work clothes of cleaning staff to be dealt with at the hospital laundry and states that they can be washed at laundries of any type or at domestic level. At the same time, the Government considers it appropriate to request that in the event of obvious contamination of cleaning staff's work clothes, they should be immediately decontaminated or destroyed.

The Committee recalls that, in accordance with Article 2, paragraph 1 of the Convention, this international instrument applies to all workers in the branches of economic activity covered and that, under Article 4, paragraph 2, the aim of the coherent national policy on occupational health and safety shall be to prevent accidents and injury to health arising out of work. The Committee hopes that effective measures will be adopted for the purpose of preventing contamination of the cleaning staff and requests the Government to supply information on any progress made in this matter.

2. With reference to the previous observation, the Committee notes the adoption of Act No. 31/1995 of 8 November on Prevention of Occupational Risks. The Committee will examine this text at a coming session.

3. The Committee has raised other points in a direct request sent to the Government in 1994.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government in its report for the period ending 30 June 1993, according to which important developments have occurred in the context of the European Union, which will result in changes both to the general occupational safety and health legislation and in the specific context of the manual transport of loads by workers. The Committee requests the Government to supply the texts which are adopted.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its observation, the Committee notes with interest the information provided in the Government's report concerning the application of Articles 5(e) and 12 of the Convention. The Committee also takes note of the comments made by the Trade Union Confederation of Workers' Commissions (CC.OO.) communicated to the Office in a letter dated 21 October 1993 concerning the application of certain Articles of the Convention. The Government is requested to provide further clarification on the following points:

1. Article 11(b). The Committee notes the indication in the Government's report that workplace hygiene is evaluated taking into consideration the effects of simultaneous exposure to more than one agent. The Government is requested to continue to provide information, in its future reports, on any prohibitions or limitations made upon the use of substances or agents due to the consideration given to the effects of simultaneous exposure to several substances or agents.

2. Article 11(d). The Committee notes with interest the information provided by the Government concerning the computerization plan for the investigation and control of occupational accidents to be undertaken at the National Institute for Occupational Safety and Health (INSHT). It notes that this plan is still in the pilot stage and has not yet been implemented at the national level. The Government is requested to continue to provide information in its subsequent reports on the progress made in implementing this plan at the national level.

3. Article 13 and Article 19(f). The Committee notes the indication in the Government's report that the measures taken by the workers' representatives or the competent safety authorities under section 19(5) of the Workers' Charter (Act No. 8 of 14 March 1980) will, if necessary, be based upon a request from the workers concerned. It further notes the Government's indication that, if this is not possible, the weight of importance placed upon the general duty to the employer would be lessened in the event of an imminent and serious danger to the worker's safety and health. In its comments, the Trade Union Confederation of Workers' Commissions (CC.OO.) indicated that the right to remove oneself from imminent and serious danger was available to individual workers only on a case-by-case basis through judicial recourse. The Government states, in its report, that the future Act on prevention of occupational risks will specifically establish the worker's right in this regard, in accordance with the European Community Directive No. 89/391. The Committee hopes that the new Act will ensure workers' rights in the event of serious and imminent dangers in accordance with Articles 13 and 19(f) of the Convention and requests the Government to indicate, in its next report, the progress made in this regard.

4. Article 14. The Committee notes the comment made by the CC.OO. that questions of occupational safety and health are not included at all levels of education and training as called for by the Convention. The Committee also notes that, under section 7 of Decree No. 577 of 1982, the National Institute for Occupational Safety and Health (INSHT) is responsible for programming, organizing and carrying out plans and training courses for occupational safety and health technicians. The Government is requested to indicate, in its next report, any measures taken by the INSHT or other competent authority to ensure that questions of occupational safety and health are included at all levels of education and training.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest the information provided in the Government's first and second reports. It requests the Government to supply further information, in its next report, on the following points:

Article 1, Article 2 and Article 15, paragraph 2, of the Convention. The Committee notes that under Regulation 1.3 of the Order of 31 October 1984 regulating work involving hazards due to asbestos applies to all activities or operations where workers are exposed or likely to be exposed to asbestos. Regulation 2.4, however, defines workers potentially exposed as those who are exposed to a concentration of asbestos fibres, calculated on a time-weighted average, greater than or equal to 0.25 fibres per cm3 or who, over three months are exposed to greater than or equal to 15 fibres per cm3. The Committee notes from the Government's report that these "action level" values are presently being reviewed in the light of the EC Directive 91/382/EEC and that measures will be taken to amend the regulations accordingly.

The Committee would recall that, by virtue of Article 1, the Convention applies to all activities involving exposure of workers to asbestos in the course of work. Exposure to asbestos is defined in article 2(e) of the Convention as "exposure at work to airborne respirable asbestos fibres or asbestos dust, whether originating from asbestos or from minerals, materials or products containing asbestos". It would seem that workers exposed to a lower concentration of asbestos fibres than that defined in Regulation 2.4 would not be covered by the Asbestos Regulations. The Committee, therefore, expresses the hope that the Government will review and amend the legislation to ensure that the Convention is applied to all activities involving exposure of workers to airborne respirable asbestos fibres or asbestos dust in the course of their work and requests the Government to indicate, in its next report, the progress made in this regard.

Article 6, paragraph 3. The Government is requested to indicate the measures taken to ensure that employers, in cooperation with the occupational safety and health services, and after consultation with the workers' representatives concerned, prepare procedures for dealing with emergency situations.

Article 11, paragraphs 1 and 2. The Committee notes that, while the Asbestos Regulations of 1984 prohibit the use of crocidolite, the Order of 7 January 1987 establishing additional standards with respect to the asbestos regulations provides that work with crocidolite, other than its actual use, is permitted provided the concentration does not exceed 0.25 fibres per cm3. The Committee notes that the activities covered by this provision are those where workers might be exposed to crocidolite while handling building or structural materials, apparatus or installations, which might contain asbestos.

The Government is requested to specify the types of activities encountered where the derogation concerning crocidolite provided in the additional standards of 1987 is actually used and to confirm that the general prohibition of the use of asbestos under Asbestos Regulation 3 of 1984 is still in force. The Government is also requested to indicate whether any procedure exists for authorizing the derogations provided for under section 4 of the 1987 Order.

Article 17, paragraph 1. The Committee notes that section 2 of the additional standards of 1987 provides that employers must submit work plans to the competent authority for approval before beginning demolition work or work involving the removal of asbestos from buildings or structures. The Government is requested to indicate the manner in which it is ensured that demolition and removal work involving materials containing asbestos is only undertaken by employers or contractors who are recognized by the competent authority as qualified to carry out such work.

Article 20, paragraph 2. The Committee notes that Asbestos Regulation 15 provides that employers shall keep registers concerning the monitoring of the working environment and the exposure of workers to asbestos. The Government is requested to indicate the period prescribed by the competent authority for keeping these registers.

Article 21, paragraphs 2 and 4. The Committee notes that Asbestos Regulation 13 provides that workers exposed to asbestos shall be submitted to medical control. The Government is requested to indicate the measures taken to ensure that such medical examinations are free of cost to workers and are carried out, as far as possible, within working hours. The Government is also requested to indicate the measures taken to ensure that every effort is made to provide workers for whom continued assignment to work involving exposure to asbestos is found to be medically inadvisable with other means of maintaining their income.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest the information supplied in the Government's report in reply to its previous observation, in particular, as concerns Article 8, paragraph 3, and Article 9 of the Convention. It further notes the comments made by the General Union of Workers (UGT) transmitted with the Government's report. The Committee requests the Government to provide further information on the following points:

Article 1, paragraph 1. The Committee notes the comments made by the UGT that Royal Decree No. 1316/1989 of 27 October concerning the protection of workers from risks due to occupational exposure to noise does not apply to civil servants and independent workers. It understands, however, by virtue of section 1, that the Decree applies to all workers whatever the type of contract, with the exception of aviation and maritime crews. Since the provisions of this Convention are applicable to all branches of economic activity by virtue of Article 1, paragraph 1, the Government is requested to indicate whether civil servants are indeed covered by the Decree and, if not, to indicate the measures taken to ensure the protection of their health from the harmful effects of exposure to noise. The Government is also requested to indicate the measures taken or contemplated to ensure the protection afforded by the Convention to aviation and maritime crews.

Article 8, paragraph 1. 1. With reference to its previous comments, the Committee notes with interest the adoption of Royal Decree No. 1316/1989. It further notes the statement made by the UGT that section 4, paragraph 2 of the Decree permits employers who consider that the noise level at the workplace does not surpass 80dBA and 140dB to be exempted from the obligation to measure noise levels. The Committee understands that section 3 of the Decree requires periodic evaluations (at least every three years) of work posts where the daily level of exposure exceeds 80dBA and annual evaluations are to be undertaken where the level exceeds 85dBA. In this regard, workers have the right to be present while such evaluations are undertaken and to be informed of the results and the preventive measures taken. The employers who may be exempted from the obligation to measure exposure levels under section 4, paragraph 2, must consider that exposure levels are largely below 80dBA and 140dB.

The Committee would call the Government's attention to section 7.1 of the ILO Code of Practice on Protection of Workers against Noise and Vibration in the Working Environment which provides that the level of noise in the working environment should be measured whenever: (a) the work undertaken or the workplace is likely to carry a risk of noise; (b) the monitoring of the workplace, of the workers' health, or inspection visits demonstrate that the risk might exist or; (c) the workers feel that they are exposed to levels of noise which bother them or their work. The Government is requested to indicate the measures taken to ensure that the choice to measure the levels of noise exposure in the working environment rests not only with the employer, but may be invoked for the reasons given above, and to indicate, in particular, whether the workers may request that measurements be made of the noise levels in the working environment when they consider that such levels are bothersome to themselves or their work.

2. In its previous observation, the Committee noted a comment made by the Trade Union Federation of Workers' Commissions (CC.OO.) that the new legislation concerning the protection of workers against hazards due to noise did not protect workers from hazards other than those directly affecting the hearing. The Committee called the Government's attention to Appendix 2 of the above-mentioned ILO Code of Practice which referred to the physiological, mental and pathological effects of noise and the distinction between the effects on hearing and the effects on other organs of perception and the general effects. In its comment, the UGT has also stated that the Royal Decree No. 1316/1989 does not take into account other effects which might result from exposure to noise. In its latest report, the Government indicates that the provisions of Royal Decree No. 1316 were drafted taking into account all effects of noise exposure and states that section 1 of the Royal Decree refers to the risks resulting from noise exposure and, in particular, the effects on hearing. The Committee further notes that section 2, paragraph 1, of the Royal Decree provides that the level of noise in the workplace should be reduced to the lowest level technically possible. It requests the Government to continue to provide information on any measures taken at the level of the enterprise either on the employers' initiative or upon request by the labour inspectorate to reduce noise levels because of the harmful effects other than upon hearing.

Article 13. Further to its previous comments, the Committee notes with interest the information provided in the Government's report. It notes that the draft Act on the prevention of occupational risks based upon EEC Directive No. 89/391 referred to in its previous report is presently the subject of consultation with the social partners and is expected to be adopted shortly. The Government is requested to supply a copy of the text as soon as it is adopted.

Article 14. In its previous comments, the Committee noted the information provided by the Trade Union Federation of Workers' Commissions (CC.OO.) that the budget for the Occupational Safety and Health Institute had been reduced by one-third and the number of personnel of the Institute had been reduced by one-quarter. It notes the indication in the Government's latest report that this reduction has not affected the effectiveness of the Institute since, to the contrary, other factors concerning resource management have permitted a significant improvement in the effectiveness of preventive action without increasing the number of staff. The Government adds that technical and financial resources have not actually been reduced, but have rather been spread out as part of the decentralization process. The Government also refers to a reform which will consider new responsibilities and a more adequate organization of the Institute so that it may better achieve its objectives of inspection in the area of prevention and control of occupational risks. In this regard, the Government is requested to keep the Office informed of the measures taken to restructure the Institute, as well as any other measures adopted to improve the system of inspection in the country.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous comments, the Committee notes the information provided in the Government's report and the comments made by the General Workers' Union (UGT) and the Trade Union Confederation of Workers' Commissions (CC.OO.) in communications dated 19 September and 4 October 1993 respectively and transmitted to the Office by the Government.

In previous observations, the Committee had noted the Government's indication in its report for the period ending 30 June 1987 that the Ministry of Labour was preparing a legal text on safety and health at work to deal with, in particular, the coordination between the authorities and bodies with responsibility in this area, and the rights and duties of employers and workers. The Committee recalled that Article 4 of the Convention provided that a coherent national policy on occupational safety, occupational health and the working environment be formulated, implemented and reviewed in consultation with the most representative organizations of employers and workers. It expressed the hope that a coherent national policy on occupational safety, occupational health and the working environment would be formulated in the near future and that it would ensure coordination between the relevant authorities and bodies (Article 15), the lack of which had been commented upon by the CC.OO. in 1987.

In its latest report, the Government has indicated that regulatory standards concerning working conditions are constantly being adopted and brought up to date and that the national policy concerning occupational safety and health exists in the form of such standards which set forth the rights and duties of workers and employers at the level of the enterprise and at the national level. The Government adds, however, that the process of legislative reform is currently being negotiated with the social partners but there has, as yet, been no complete agreement in this regard. The UGT has stated in its comments that the existence of a preventive policy on occupational safety and health depends upon the approval of the draft Act on prevention of occupational risks which, they assert, has already received the consensus of the social partners. The CC.OO. has noted that the draft Act, which they state has already been discussed with the social partners, has not yet been sent to Parliament. The Committee once again expresses the hope that a coherent national policy on occupational safety and health will be adopted in the near future.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee takes note of the information provided in the Government's first and second reports. It also notes the comments made by the General Union of Workers (UGT) transmitted by the Government with its reports.

The General Union of Workers states that, while legislation for the application of the Convention has been adopted, information from the National Occupational Safety and Health Institute demonstrates that its practical application is not ensured. According to the 1991-92 report of the Institute, over 66 per cent of the 151 work centres registered do not monitor the workplace nor evaluate the workers' health. Of those work centres which do monitor the working environment, 3.2 per cent of the 1,152 workers concerned are exposed to concentration limits above the legal maximum. The UGT notes that many enterprises have been found to be in contravention of the legislation in the following areas: lack of medical examinations; lack of monitoring of the working environment; high level of workplace exposure concentrations; absence or inadequacy of hygienic measures; lack of sanitary installations; non-registration with the Register of Enterprises with Asbestos Risk (RERA); lack of isolation, extraction, localization and ventilation measures; carrying out of prohibited work. The UGT considers that such non-compliance is due to the fact that the sanctions imposed are purely financial and are so low as to be totally ineffective in dissuading employers from continually ignoring their responsibilities under the law. Finally, the UGT indicates that the absence of measures to ensure workers' participation in the monitoring of the preventive measures adopted seriously hinders the level of practical application of the relevant regulations.

In reply to the UGT's comments, the Government has indicated that a specific plan of action with respect to work involving exposure to asbestos, consisting of a Central Directive Circular 102/89 accompanied by a questionnaire, has been undertaken by the Labour Inspectorate. In October and November of 1990, 224 enterprises were inspected, 43 contraventions were noted and 110 summons given. During the first six months of 1992, 145 inspections were made, 29 contraventions noted and 46 summons given. The Government adds that the statistics presented in the report of the National Occupational Safety and Health Institute cited by the UGT are misleading since they gather data from the RERA, which receives information from all the provinces and autonomous communities, and the Book-Register of Medical and Workplace Evaluations, which may not receive information from all of the autonomous communities. The Government concludes that the number of contraventions reported does not indicate an insufficiency of the legal system in force or of the action undertaken by the government authorities, but rather demonstrates the vigour and efficiency of this system.

The Committee notes that the tripartite Monitoring Commission for the Application of the Asbestos Regulations created by Resolution of 11 February 1985 has among its functions to collaborate with the competent authority, upon its request, concerning the practical application of the asbestos regulations in all of the enterprises concerned and to propose amendments to the regulatory texts. The Government is requested to continue to supply information on the measures taken to ensure that enforcement of the relevant laws and regulations is secured by an adequate and appropriate system of inspection and by appropriate penalties, in accordance with Article 5, paragraphs 1 and 2, of the Convention. In this regard, the Government is requested to supply, with its next report, extracts from any reports or recommendations made by the Monitoring Commission for the Application of the Asbestos Regulations, relevant extracts from reports of the Labour Inspectorate, the number and nature of any contraventions, the nature and/or amount of the penalties imposed, as well as the number of occupational diseases reported as being caused by asbestos, in accordance with point IV of the report form.

Finally, the Government is requested to indicate the measures taken to ensure that workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring, in accordance with Article 20, paragraph 4.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

I. The Committee notes with interest the information provided in the Government's latest report in reply to its previous direct request concerning the application of Article 1 of the Convention and notes, in particular, the adoption of Royal Decree No. 53/1992 of 24 January approving regulations for the protection of health and safety against ionizing radiations.

II. The Committee would refer the Government to its general observation of 1992 under this Convention which sets forth the latest recommendations made by the International Commission on Radiological Protection (ICRP) concerning exposure to ionizing radiations (Publication No. 60 of 1990) and requests the Government to provide further information on the following points.

1. Article 3, paragraph 1 and Article 6, paragraph 2

(a) The Committee notes that the annual effective dose limit set forth in Annex 2 of Royal Decree No. 53/1992 does not correspond to the revised dose limits indicated in the latest ICRP recommendations, but rather those referred to by the ICRP in 1977 (i.e. 50 mSv per year). The latest ICRP recommendations concerning dose limits for occupational exposure to ionizing radiation (see paragraph 11 of the general observation) set an effective dose limit of 20 mSv per year, averaged over five years (100 mSv in five years), but not to exceed 50 mSv in any single year. The Government is requested to indicate in its next report the steps taken or envisaged to amend the dose limits for occupational exposure to ionizing radiation in the light of current knowledge as reflected in the 1990 ICRP Recommendations.

(b) The Committee would refer the Government to paragraph 13 of the general observation of 1992 concerning dose limits for pregnant women. It notes that Annex II, section 1.3 of Royal Decree No. 53/1992 provides that the exposure of ionizing radiation to the abdomen of a pregnant woman shall not exceed 10 mSv. It is further indicated in this section that, in general, this limit would mean ensuring working conditions for pregnant women corresponding to those set for occupationally exposed workers in category B (i.e. not likely to be exposed to more than three-tenths of the dose limits set for occupationally exposed workers in Annex II or an annual effective dose no greater than 15 mSv). In its latest recommendations, the ICRP has concluded that women who may be pregnant should be provided with a standard of protection for any unborn child broadly comparable with that provided for members of the general public (i.e. effective dose not to exceed 1 mSv per year) and that the equivalent dose limit to the surface of the woman's abdomen should not exceed 2 mSv for the remainder of the pregnancy. The Government is requested to indicate the steps taken or envisaged to ensure effective protection of pregnant women in the light of current knowledge.

2. Article 7, paragraph 2. The Committee notes that section 11 of Royal Decree No. 53/1992 that apprentices under 16 years of age may, in exceptional circumstances, be exposed to a situation involving a risk of exposure to ionizing radiations, but that the dose limits must not exceed those set for members of the public. The Committee would recall that this Article of the Convention provides that no worker under the age of 16 shall be engaged in work involving ionizing radiations. The Government is requested to indicate the measures taken or envisaged to ensure that no worker under the age of 16 is engaged in radiation work.

3. Article 8. The Committee would recall that this Article of the Convention calls for maximum permissible dose levels to be fixed for workers not directly engaged in radiation work but who may remain or pass where they may be exposed to ionizing radiation. It would refer the Government to paragraph 14 which indicates that the dose limits for non-radiation workers should be equivalent to those set for members of the general public (1 mSv per year averaged over any five consecutive years). The Committee notes that, under Part B of Annex I of Royal Decree No. 53/1992, occupationally exposed workers are defined as those who, because of their work, may be exposed to annual doses of ionizing radiation greater than one-tenth the limit set for workers (i.e. one-tenth of 50 mSv or 5 mSv). It further notes the Government's indication in its latest report that the European Community is preparing a Directive concerning the protection of outside workers exposed to ionizing radiation. The Goverment is requested to indicate the steps taken or envisaged to ensure that non-radiation workers are not exposed to doses of radiation greater than those set for the general public which, according to the latest ICRP recommendations, should be limited to 1 mSv per year averaged over any five consecutive years.

4. Article 13(d). The Committee requests the Government to indicate whether any circumstances have been specified wherein, due to the nature and/or degree of exposure, the employer must take all necessary remedial action on the basis of technical findings and medical advice.

III. Emergency exposure. The Committee notes that, under section 9, exposure to ionizing radiations greater than the dose limits set in Annex II is justifiable in an emergency situation in order to, inter alia, save a valuable installation. The Government is referred to paragraphs 16 to 27 (limitation of occupational exposure during and after an emergency) of the general observation of 1992 where it indicated that exceptional exposure of workers is justified only where the work is strictly required to meet an acute danger to the life and health of persons. The Government is requested to indicate the steps taken or envisaged in relation to the matters raised in paragraph 35(c).

IV. Alternative employment. The Committee notes that subparagraph 1.4.4 of Annex II of Royal Decree No. 53/1992 provides that the case of a worker exposed to excessive doses of ionizing radiations due to a planned special exposure will not be a reason in itself for excluding the worker from his or her habitual employment. This section further provides that conditions for further exposure in such cases must be submitted to the criteria of an officially recognised medical service. Section 44 of the Royal Decree provides that no worker can be exposed to ionizing radiations when medical evidence would oppose such exposure. In this regard, the Committee refers the Government to paragraphs 28 to 34 of its general observation concerning the provision of alternative employment and requests the Government to indicate whether any measures have been taken or are under consideration so that alternative employment is provided to workers whose continued assignment to work involving exposure to ionizing radiation is medically inadvisable due to an accumulated effective dose so great that detriment considered unacceptable would arise.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes from the Government's report that the necessary measures for the application of the European Communities' Directive of 30 November 1989 concerning the minimum safety and health requirements for the workplace were being taken, including provisions to ensure that rest rooms would be equipped with sufficient chairs for the number of workers at the workplace. The Committee notes that the Council Directive of 30 November 1989 (89/654/EEC) provides in Annex I, section 16.1, and Annex II, section 11.1, that rest rooms do not have to be provided if the workers are employed in offices or similar workrooms providing equivalent relaxation during breaks. The Government is requested to indicate in its next report the measures taken or envisaged to ensure that all workers covered by the Convention are provided with sufficient and suitable seats and are given reasonable opportunities for using them, in accordance with Article 14 of the Convention. The Government is requested to provide copies of any legislation adopted in this regard.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee refers to its observation under the Convention. In its previous comments, the Committee had noted the information provided by the CC.OO. concerning a number of workers in industries involving exposure to benzene who had acquired serious occupational diseases. The Committee had noted that, while Article 6, paragraph 2, of the Convention sets a maximum limit for the concentration of benzene in the air of 25 parts per million, Paragraph 7(3) of the Benzene Recommendation No. 144 provides that the maximum concentration of benzene in the air should be lowered as soon as possible if medical evidence shows this to be desirable. In this regard, the Committee notes the information provided by the Government concerning the consideration given by the competent authorities, when investigating workplaces, to the additional effects created by simultaneous exposure to several harmful substances. The Committee further notes with interest the information provided by the Government concerning a proposal to amend the threshhold limit value of benzene to 0.3 A1 mg/m3, as well as the amendment to be made concerning the limit value for nitrobenzene in conformity with the EEC Directive of 29 May 1991 (91/322/EEC) on establishing indicative limit values by implementing Council Directive 80/1107/EEC on the protection of workers from risks related to exposure to chemical, physical and biological agents at work. The Committee further notes the Government's indication that the European Community is presently studying the possibility of establishing new limit values for benzene to be lower than 25 parts per million. The Committee requests the Government to continue supplying information on any progress made in this regard.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

I. With reference to its observation, the Committee notes the comments made by the Staff Association of Local Police of Baix-Ebre of the Trade Union Confederation of Workers' Commissions transmitted in a communication of 1 March 1991 and the Government's reply to these comments dated 25 October 1991.

In their observation, the Staff Association of Local Police of Baix-Ebre (Tarragona) denounce the occupational safety and health conditions in the police station of Tortosa (Tarragona). In particular, the Staff Association cites the lack of sufficient lighting, lockers and fire extinguishers; incomplete first-aid kits, the lack of heating in the winter time and the presence of rats in the buildings and cells. The Committee notes with interest from the information provided by the Government that measures are being taken to disinfect, fumigate, and remove all rats from the areas in question and that these operations will take place every three months, and that measures are being taken to improve the showers and sanitary facilities. The Committee, however, notes that there are a number of points, particularly concerning the basic principles of consultation and cooperation, with respect to which the Government has provided no information. The Committee must, therefore, request the Government once again to provide further information concerning the following points:

1. In its previous comments, the Committee had noted the Government's indication that the Fuengirola and Marbella police stations had been inspected by the Health Service of the Directorate General for Police and that they were in the process of rectifying the irregularities. The Occupational Union of Uniformed Police (SPPU) had then indicated that, although it had asked for a copy of the report resulting from the inspection of the Fuengirola police station, the report had not been received.

2. The Staff Association of Local Police of Baix-Ebre (Tarragona), in its communication of 1 March 1991, indicates that they have not been kept adequately informed by the competent authority of Tarragona concerning the conclusions drawn from inspections and the suggested action to be taken. The Committee had recalled that Article 19(e) of the Convention provides that arrangements shall be made at the level of the undertaking to ensure that workers or their representatives are enabled to inquire into, and are consulted by employers on all aspects of occupational safety and health associated with their work. The Committee also recalled that Article 8 requires that the steps necessary to give full effect to the national policy on occupational safety, occupational health and the working environment, be taken in consultation with the representative organisations of employers and workers concerned. Moreover, Parts II, III and IV of the Convention indicate that a coherent national policy on occupational safety, occupational health and the working environment should be based upon consultation and cooperation at all levels, from the working group to the national level. The Government is requested to indicate the measures taken to ensure that, in giving effect to this Convention, there is consultation and cooperation at all levels. The Government is also requested to provide information concerning the practical functioning of the occupational health committees called for in Circular No. 53 issued by the General Directorate of Police of the Ministry of Interior.

II. The Committee notes with regret that no report has been received from the Government in reply to its previous comments concerning the application of the Convention. It, therefore, must once again request the Government to provide additional information on the following points:

1. Article 5(e). The Government had indicated in its report for 1989 that the Freedom of Association Act No. 10/1985, read with the Law on Infractions and Sanctions for Social Order No. 8/88, ensures that worker representatives are guaranteed certain rights of participation in the area of safety and health which employers cannot transgress. The Government is requested to indicate the measures taken to ensure the protection of workers, not only their representatives, from disciplinary measures as a result of actions properly taken by them in conformity with the national policy on occupational safety, occupational health and working environment.

2. Article 11(b). The Committee noted the Government's statement in its report for 1989 that health hazards due to the simultaneous exposure to several substances or agents was taken into consideration when determining their prohibition or limitation. The Committee requests the Government to indicate the manner in which such simultaneous exposure is taken into consideration and to indicate any situations in which the prohibition or limitation of the use of a substance or agent has been modified due to consideration being taken of simultaneous exposure to several substances.

3. Article 11(d). The Committee noted the promulgation of the Ministerial Order of 16 December 1987 which sets out the rules and procedures for the notification of accidents and diseases. It requests the Government to indicate the measures taken to ensure that inquiries are held into the cases of occupational accidents or occupational diseases which appear to reflect serious situations.

4. Article 12. In its introduction, the Royal Decree No. 1495/1986 concerning regulations for safe machinery refers to technical instructions (ITCs) to be issued in order to establish specific standards for each type of machine. The Committee requests the Government to provide copies of any ITCs issued in this regard.

5. Article 13 and Article 19(f). The Government had indicated in its report for 1989 that, by virtue of section 19(5) of the Workers' Charter (Act No. 10/90), workers' representatives can call for suspension of work when they believe there is a probability of the occurrence of a serious accident due to inobservance of relevant legislation. According to the Government, once the workers' representatives have made this determination, the employer cannot require the workers to return to the situation until the appropriate remedial action has been taken, or there has been a decision by the labour authority. The Committee would point out that both Article 13 and Article 19(f) refer to situations involving an individual worker who chooses to remove himself or herself from a work situation which he or she has a reasonable justification to believe presents an imminent and serious danger to his or her life or health. It requests the Government to indicate the measures taken to ensure that no worker shall suffer undue consequences for such action, in accordance with Article 13, and to indicate the arrangements made to ensure that an employer cannot require a worker to return to such a situation as long as there is continuing imminent and serious danger to life or health, as required by Article 19(f).

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the detailed information provided in the Government's report for the period ending 30 June 1991 in reply to its previous observation. It also notes the comment made by the Trade Union Confederation of Workers' Commissions (CC.OO.) that the observations which they had made in 1989 concerning the application of the Convention remain valid, since over 150,000 workers continue being exposed to benzene in the explosives, rubber, tanning, footwear, refining and distillation, dyeing, printing and production of DDT industries.

1. In its previous comments, the CC.OO had indicated that benzene is used principally as a solvent or diluent in open spaces. The Committee had recalled that, under Article 4, paragraph 2 of the Convention, the use of benzene as a solvent or diluent is to be prohibited, unless the process is carried out in an enclosed system or where there are other equally safe methods of work. The Committee notes that under section 5 of resolution No. 6248 of 15 February 1977, work with benzene and with products containing benzene (presumably including the use of benzene as a solvent or diluent) shall be carried out in an enclosed system whenever possible and, in its absence, other safety measures must be assured. It further notes that paragraph 2 of section 2 of the resolution strictly prohibits any work with products containing benzene to be performed outside of those workplaces where the implementation of the instructions contained in this resolution can be adequately and permanently monitored. In this regard, the Committee had previously noted that, by virtue of Article 14(c) of the Convention, the Government has undertaken to provide appropriate inspection services for the purpose of supervising the application of the Convention. The Committee notes the information provided by the Government concerning a specific action plan undertaken by the inspection service to send questionnaires to be filled out in all enterprises in which products containing more than 1 per cent by volume of benzene are used, including, in particular, the chemical, shoe, and tanning industries. The Committee requests the Government to send a copy of the report concerning the results of this action plan as soon as it is finished. In particular, the Committee requests the Government to indicate the number of workplaces in which benzene is used as a solvent or diluent and where, rather than using an enclosed system, other safety measures are used. In such instances, the Committee requests the Government to indicate which methods of work are used, whether these are considered equally safe as using an enclosed system, and if so, for what reasons.

2. In its previous observation, the Committee had noted the statistics provided by the CC.OO. which indicated that workers in the explosives, rubber, tanning, footwear, refining and distillation, dyeing, printing and production of DDT industries had suffered from a variety of occupational diseases which, although not exclusively linked to benzene exposure, could result from an exposure to benzene or exposure to a number of substances, including benzene. The Committee notes with interest from the Government's report that, as a consequence of the labour inspectorate's action plan, many enterprises have indicated their decision to substitute benzene with other less harmful products. It requests the Government to continue to provide information on the measures taken to ensure that, whenever harmless or less harmful substitute products are available, they shall be used instead of benzene or products containing benzene, in accordance with Article 2, paragraph 1.

3. The Committee notes from the information provided in the Government's report that, according to the data already made available from the labour inspectorate's action plan, out of 1,561 work centres, there were only 20 in which the fabrication or use of benzene was detected. It further notes that, in those enterprises which produce benzene, certain instructions had to be given concerning the existing standards and that in some enterprises infractions were noted. The Committee requests the Government to indicate the types of infractions detected and, in particular, whether there were any cases of worker exposure to a concentration of benzene in the air exceeding 25 parts per million, contrary to the maximum limit value expressed in Article 6, paragraph 2 of the Convention and section 2 of the resolution.

4. In its previous observation, the Committee had noted that both the CC.OO. and the Government had made reference to black market enterprises involving the use of benzene in work processes in which certain provisions of the Convention were not adequately complied with, such as, in particular, the employment of pregnant and nursing mothers in such work processes, contrary to Article 11, paragraph 1. The Committee requests the Government to supply information on any efforts made by the labour inspectorate to investigate the possible use of benzene in black market enterprises and to ensure, by means of sanctions or otherwise, that pregnant and nursing mothers are not employed in any work processes involving the use of benzene, as required by section 10(c) of the 1977 resolution.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

I. The Committee has noted the comments made by the Staff Association of Local Police of the Trade Union Confederation of Workers' Commissions transmitted in a communication of 1 March 1991. It further notes the Government's reply to these comments dated 25 October 1991. The Committee is dealing with these comments and a number of other points in a request addressed directly to the Government.

II. The Committee notes with regret that the Government has not replied to its previous observation with respect to information provided by the Trade Union Confederation of Workers' Commissions (CC.00.) in 1987 concerning the absence of a national policy on occupational safety and health as required by Article 4 of the Convention. The Committee must, therefore, request the Government once again to provide information on the following matters:

In its previous observation, the Committee noted the Government's indication in its first report that the Ministry of Labour was preparing a legal text on safety and health at work to deal with, in particular, the coordination between the various authorities and bodies having a responsibility in the field of safety and health, and the rights and responsibilities of employers and workers. In its report for the period ending 30 June 1989, the Government indicated that no text had been promulgated because the Government was waiting for the final approval of EEC Directive No. 391 of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work. The Committee recalled that Article 4 of the Convention provided that a coherent national policy on occupational safety, occupational health and the working environment be formulated, implemented and reviewed in consultation with the most representative organisations of employers and workers.

The Committee also noted the CC.00's indication that, in view of the lack of a coherent national policy concerning occupational safety and health, Article 15 -- which concerns the necessary coordination between various authorities and bodies called upon to give effect to this policy -- cannot be properly applied. The Committee recalled that the arrangements made to ensure this coordination should be taken in consultation with the most representative organisations of employers and workers. The Government had indicated the coordination provided for in the organisational structure which already exists in the field of occupational safety and health. The Committee expressed the hope that a coherent national policy on occupational safety, occupational health and the working environment would be formulated in the near future and that the organisational structure put into place by this policy would provide for the necessary coordination between the authorities and bodies concerned.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee has taken note of the comments made by the Trade Union Confederation of Workers' Committees (CC.OO) on the application of the Convention and the Government's reply to these comments.

According to the information provided by the CC.OO, a number of workers who work in industries involving exposure to benzene have acquired serious occupational diseases. The Government has responded that workplaces where the exposure to benzene exceeds the maximum exposure limit of 25 parts per million, fixed in section 2 of Resolution No. 6248 of 15 February 1977, are rare. In this regard, the Committee would note that while Article 6, paragraph 2 of the Convention provides that maximum limits shall be set for the concentration of benzene in the air not to exceed a ceiling value of 25 parts per million, paragraph 7(3) of the Benzene Recommendation No. 144 provides that the maximum concentration of benzene in the air should be lowered as soon as possible if medical evidence shows this to be desirable.

The Committee would note that the Convention refers to two types of exposure to benzene: the concentration of benzene in the air which can be a health hazard because of inhalation; and the risks involved in absorbing benzene through the skin when there has been contact with liquid benzene. If a worker is exposed to both liquid benzene and benzene vapour the risk of occupational disease may be higher. Furthermore, according to the information provided by the CC.OO, many of the work processes involving exposure to benzene also involve exposure to other harmful substances, such as mercury. The Government is requested to indicate whether any research has been undertaken concerning the effects of simultaneous exposure to benzene in various forms, or the effects of simultaneous exposure to several harmful substances, and to indicate whether any measures have been proposed to decrease the maximum limit for the concentration of benzene in the air as a result of such considerations.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information contained in the Government's report, the comments made by the Occupational Union of Uniformed Police (SPPU), transmitted in a communication dated 13 January 1989, the comments made by the Trade Union Confederation of Workers' Committees (CC.OO.) dated 12 September 1987 and the Government's reply to these observations.

1. The SPPU had indicated in its observations that there were a number of safety and health problems (in particular, insufficient lighting, changing facilities, washrooms, fire-fighting equipment, etc.) in the Fuengirola and Marbella police stations. In its reply of 13 June 1989, the Government indicated that, on 10 November 1988, the General Directorate for Police of the Ministry of Interior issued internal Circular No. 33 creating an occupational health committee, with trade union representation, in each province. The Government also indicated that the Fuengirola and Marbella police stations had recently been inspected by the Health Service of the Directorate General for Police and that they were in the process of rectifying the irregularities. The SPPU has indicated that although it has asked for a copy of the report resulting from the inspection of the Fuengirola police station, the report has not yet been received. In this regard, the SPPU has made reference to Article 19(e) of the Convention whereby arrangements are to be made at the level of the undertaking to ensure that workers or their representatives are enabled to inquire into, and are consulted by employers on, all aspects of occupational safety and health associated with their work. The Committee would also recall that Article 8 requires that the steps necessary to give full effect to the national policy on occupational safety, occupational health and the working environment, be taken in consultation with the representative organisations of employers and workers concerned. Moreover, Parts II, III and IV of the Convention indicate that a coherent national policy on occupational safety, occupational health and the working environment should be based upon consultation and co-operation at all levels, from the working group to the national level. The Committee notes with interest the creation of occupational health committees to deal with the special problems faced by police in their working environment and requests the Government to indicate any further measures taken to ensure that in giving effect to this Convention there is consultation and co-operation at all levels.

2. The Government is requested to provide additional information on the following points:

Article 5(e). The Government has indicated that the Freedom of Association Act No. 10/1985, read with the Law on Infractions and Sanctions for Social Order No. 8/88, ensure that worker representatives are guaranteed certain rights of participation in the area of safety and health which employers cannot transgress. The Government is requested to indicate the measures taken to ensure the protection of workers, not only their representatives, from disciplinary measures as a result of actions properly taken by them in conformity with the national policy on occupational safety, occupational health and working environment.

Article 11(b). The Committee notes with interest the Government's statement that health hazards due to the simultaneous exposure to several substances or agents is taken into consideration when determining their prohibition or limitation. The Committee requests the Government to indicate the manner in which such simultaneous exposure is taken into consideration and to indicate any situations in which the prohibition or limitation of the use of a substance or agent has been modified due to consideration being taken of simultaneous exposure to several substances.

Article 11(d). The Committee notes the promulgation of the Ministerial Order of 16 December 1987 which sets out the rules and procedures for the notification of accidents and diseases. It requests the Government to indicate the measures taken to ensure that inquiries are held into the cases of occupational accidents or occupational diseases which appear to reflect serious situations.

Article 12. In its introduction, the Royal Decree No. 1495/1986 concerning regulations for safe machinery refers to technical instructions (ITCs) to be issued in order to establish specific standards for each type of machine. The Committee requests the Government to provide copies of any ITCs issued in this regard.

Article 13 and Article 19(f). The Government has indicated in its report that, by virtue of section 19(5) of the Workers' Charter (Act No. 10/90), workers' representatives can call for suspension of work when they believe there is a probability of the occurence of a serious accident due to inobservance of relevant legislation. According to the Government's report, once the worker' representatives have made this determination, the employer cannot require the workers to return to the situation until the appropriate remedial action has been taken, or there has been a decision by the labour authority. The Committee would point out that both Article 13 and Article 19(f) refer to situations involving an individual worker who chooses to remove himself or herself from a work situation which he or she has a reasonable justification to believe presents an imminent and serious danger to his or her health. It requests the Government to indicate the measures taken to ensure that no worker shall suffer undue consequences for such action, in accordance with Article 13, and to indicate the arrangements made to ensure that an employer cannot require a worker to return to such a situation as long as there is continuing imminent and serious danger to life or health, as required by Article 19(f).

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the comments made by the Trade Union Confederation of Workers' Commissions (CC.OO.) on the application of the Convention and the Government's reply to these comments.

1. In its comments, the CC.OO. has estimated that 150,000 workers are occupationally exposed to benzene or products containing benzene situated in the following industries: explosives, rubber, treatment of skins and footwear, refining and distillation, dyeing, printing, and production of DDT. The CC.OO. has also indicated that benzene is used principally as a solvent or diluent in open spaces. The Government has indicated that although there has been an increase in the use of benzene over the past years, the industries which have used benzene as a solvent in the past now use other products instead. The Committee would recall that, under Article 4, paragraph 2, of the Convention, the use of benzene as a solvent or diluent is to be prohibited, unless the process is carried out in an enclosed system. The Committee notes that the Government has taken the measures necessary for the application of this Article in promulgating the Joint Resolution of 15 February 1977. Nevertheless, by virtue of Article 14(c), the Government undertakes to provide appropriate inspection services for the purpose of supervising the application of the Convention. The Committee therefore hopes that the Government will indicate the measures taken in this regard and report any information which may call into doubt the observance of the prohibition of the use of benzene as a solvent or diluent in an open system.

2. Statistics have been provided by the CC.OO. which indicate that workers in the above-mentioned industries have suffered from a variety of occupational diseases which, although not exclusively linked to benzene exposure, could result from an exposure to benzene or exposure to a number of substances, including benzene. The Committee notes the information supplied by the Government concerning labour inspection and a variety of studies undertaken to investigate the cause of occupational diseases in some of these industries, as well as endeavours made to prevent the risks of these diseases. The Committee recalls that, by virtue of Article 2, harmless or less harmful substitute products are to be used instead of benzene or products containing benzene whenever available. With a view to facilitating the application of this Article, reference may be made to Paragraph 26 of the Benzene Recommendation No. 144, which provides that the competent authority in each country should actively promote research into harmless or less harmful products which could replace benzene. The Committee hopes that the Government will supply information on progress made in using harmless or less harmful substitute products instead of benzene and of the results of any research in this regard.

3. In reply to the comments made by the CC.OO., the Government has indicated that situations where workers are exposed to a concentration of benzene in the air exceeding 25 parts per million are rare. The Committee would note, however, that, by virtue of Article 6, paragraph 2, this ceiling value of 25 parts per million represents a strict maximum which should not be exceeded. Noting that the same ceiling was fixed in section 2 of Resolution No. 6248 of 15 February 1977 regulating the use of solvents and other compositions containing benzene, the Committee hopes that the necessary measures will be taken to ensure that effect is given to this provision.

4. The Committee notes that in both the comments made by the CC.OO. and the Government's reply, reference has been made to instances where certain provisions of the Convention are not adequately complied with, including black market enterprises involving the use of benzene in work processes where pregnant and nursing mothers are employed, contrary to Article 11, paragraph 1. The Committee notes the projects initiated by the Government concerning labour inspection and research relevant to the working environment. It notes that these projects have been undertaken in order to attain fuller practical application of the provisions of the Convention. The Committee hopes that the Government will continue to indicate the measures taken or envisaged to ensure application of the provisions which give effect to the Convention and to supply extracts from inspection reports and any statistics available on the number of employed persons covered by the relevant legislation and the number and nature of the contraventions reported.

5. The Committee is raising certain other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the information supplied in the Government's report and notes the comments made by the Trade Union Confederation of Workers' Commissions (CC.OO.), submitted in a communication dated 12 September 1989, as well as the Government's reply. The Committee requests the Government to provide further information on the following points:

Article 8, paragraph 1, of the Convention. The Committee notes the indication in the Government's report that regulations concerning the protection of workers against the hazards due to exposure to noise in the workplace have been drafted and are awaiting the opinion of the State Council. It notes with interest that these regulations have been drafted in consultation with the most representative employers' and workers' organisations concerned. The CC.OO., however, has indicated in its comments, that these regulations only protect workers from risks to their hearing and do not take into account other health hazards caused by exposure to noise. In this regard, the Committee would like to call attention to Appendix 2 of the ILO Code of Practice on Protection of Workers Against Noise and Vibration in the Working Environment. The first paragraph of Appendix 2 states: "The effects of noise may be physiological, mental and pathological; a distinction is made between the effects on hearing, the effects on other organs of perception and the general effects." The various health hazards due to noise are described in this appendix.

The CC.OO. has also indicated that the new regulations proposed by the Government raise the limit of exposure to noise from 80 dB, the limit set in present standards, to 85-90 dB. The Government indicates in its report that these new draft regulations on exposure to noise will bring national law into conformity with the EEC Directive No. 86/188 on the protection of workers from the risks related to exposure to noise at work. The Committee notes, however, that section 5 of EEC Directive No. 86/188 calls for noise levels at the workplace to be reduced to the lowest level reasonably practicable. Concerning potential health hazards due to noise levels of 85-90 dB, the Committee would again refer the Government to Appendix 2 of the ILO Code of Practice on Protection of Workers Against Noise and Vibration in the Working Environment.

The Committee requests the Government to indicate the criteria established for determining the hazards of exposure to noise and to indicate whether any exposure limits have been specified on the basis of these criteria.

Article 8, paragraph 3. The Committee notes the statement in the Government's report indicating that occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace are taken into account when establishing and revising the criteria for determining the hazards and the exposure limits based on these criteria. The Government is requested to indicate the manner in which simultaneous exposure is taken into consideration in the process for establishing and revising criteria for determining hazards and exposure limits and to indicate whether such consideration has had any effect on exposure limits set.

Article 9. In its previous comments, the Committee had noted the comments made by the General Union of Workers (UGT) concerning the absence of any provisions for technical or supplementary organisational measures to eliminate hazards due to air pollution or noise. The Committee notes with interest the information provided in the Government's report concerning the creation, by Resolution of 11 February 1985, of a tripartite commission charged with supervising the application of the asbestos regulations. It also notes with interest the Order of 7 January 1987 which requires every undertaking with activities or operations involving the use of asbestos to establish a workplan including organisational and technical measures taken to reduce the risks of exposure. The Committee requests the Government to supply further information on any other technical or organisational measures prescribed for work processes involving exposure to other air pollutants and exposure to noise.

Article 13. The Committee notes with interest the booklets elaborated by the Occupational Safety and Health Institute in co-operation with the most representative workers organisations containing information on various occupational hazards and the way of preventing risks due to these hazards. The Government is requested to indicate the manner in which workers are provided with or may obtain these booklets. Furthermore, the Committee notes the Government's indication that national legislation will be revised to include more detailed provisions concerning the provision of information to workers on the basis of the EEC Directive No. 89/391 on the introduction of measures to encourage improvements in the safety and health of workers at work. The Government is requested to indicate, in its next report, any progress made in this regard.

Article 14. The CC.OO. has indicated in its comments that the budget for the Occupational Safety and Health Institute has been reduced by one-third and the number of personnel of the Institute has been reduced by one-quarter. As such a reduction might affect the effectiveness of the Institute, the Committee requests the Government to indicate whether any new measures have been taken to promote research in the field of prevention and control of hazards in the working environment due to air pollution and noise (such as the establishment of new institutes or the transfer of resources to other bodies for this purpose).

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee has noted the comments made by the Occupational Union of Uniformed Police (SPPU), transmitted in a communication dated 13 January 1989, the comments made by the Trade Union Confederation of Workers' Commissions (CC.OO.) dated 12 September 1987 and the Government's reply to these observations.

1. The Committee has noted the information provided by the CC.OO. concerning the absence of a national policy on occupational safety and health required by Article 4 of the Convention. The Government had indicated, in its first report, that the Ministry of Labour was preparing a legal text on safety and health at work to deal with, in particular, the co-ordination between the various authorities and bodies having a responsibility in the field of safety and health, and the rights and responsibilities of employers and workers. In its latest report, the Government indicated that no text has yet been promulgated because the Government is waiting for the final approval of EEC Directive No. 391 of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work. The Committee would again recall that Article 4 of the Convention provides that a coherent national policy on occupational safety, occupational health and the working environment shall be formulated, implemented and reviewed in consultation with the most representative organisations of employers and workers.

The CC.OO. has also indicated that, in view of the lack of a coherent national policy concerning occupational safety and health, Article 15 which concerns the necessary co-ordination between various authorities and bodies called upon to give effect to this policy cannot be properly applied. The Committee would recall that the arrangements made to ensure this co-ordination shall be taken in consultation with the most representative organisations of employers and workers. The Government has indicated the co-ordination provided for in the organisational structure which already exists in the field of occupational safety and health. The Committee hopes that a coherent national policy on occupational safety, occupational health and the working environment will be formulated in the near future and that the organisational structure put into place by this policy will provide for the necessary co-ordination between the authorities and bodies concerned.

2. The SPPU in its comments refers to a number of safety and health problems in the Fuengirola and Marbella police stations and the absence of appropriate consultation and co-operation by the authorities with the representative organisations of the workers concerned. The Committee is dealing with these matters and a number of other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the Government's statement, in reply to its previous direct request, that the updating of the General Ordinance on Safety and Health at Work has been postponed until the directive on minimum standards of health and safety in the workplace, which is presently being prepared by the European Economic Community, is finalised. The Government reiterates that the updated ordinance will explicitly include the provisions of Article 14 of the Convention (all workers to be supplied with sufficient and suitable seats). The Committee hopes that the next report will indicate the progress made in this regard.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee notes, from the Government's reply to its previous direct request, that the Royal Decree which will implement the Regulations on the protection of health against ionising radiations approved by Royal Decree No. 2519 of 12 August 1982 will be adopted very shortly and that it will give full effect to Article 1 of the Convention, which requires consultations with employers' and workers' organisations. The Committee hopes that employers' and workers' representatives will be consulted in the adoption of the Royal Decree, and that the next report will indicate the manner in which these consultations took place. Please supply a copy of the Royal Decree when adopted.