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

Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) - Spain (Ratification: 1971)

I. Article 2 of the Convention. The Committee refers the Government to the comments in its observation on the application of Convention No. 77.

Article 7, paragraph 2. The Committee noted that according to the comments presented by the General Workers' Union (UGT) and the Trade Union Confederation of Workers' Commissions (CC.OO), failure to comply with the requirement of a medical examination for admission to employment for young persons is much more serious in the case of young persons who are engaged on their own account in non-industrial work, employed in domestic service or are engaged on their own account or the account of their parents in itinerant trading or in any other occupation carried on in the streets, because the legislation has not determined the measures of identification for ensuring the application of a system of medical examination to such young persons.

The Committee noted the indications contained in the Government's report concerning the sanctions established in Act No. 8 of 1988 for non-observance of provisions of laws, regulations or agreements which determine high or imminent risks for the personal safety or health of the workers; under the same Act, failure to carry out initial and periodic medical examinations for workers constitutes a serious violation.

The Committee observed that the general nature of such provisions does not preclude but rather increases the need to establish expressly by law, in conformity with the Convention, the requirement of a medical examination for fitness for employment of young people engaged in non-industrial occupations and to determine the measures of identification necessary for ensuring the application of the system to such young people.

The Committee hopes that the Government will take into consideration the matters that have been raised concerning the situation of national laws and practice with regard to the application of the Convention and that it will indicate the measures taken or envisaged to ensure that the Convention is observed.

II. The Committee notes the comments of the Trade Union Confederation of Workers' Commissions (CC.OO) of 21 October 1993 which have been supplied to the Government, which alleged once more that the Convention was not being applied at all. According to the organization referred to, the Government often raises in its defence the regulations on medical examination to prevent occupational diseases (p. e.g., section 191 of the consolidated text on social security and regulations for development), but these examinations apply only to undertakings that have a risk of occupational disease and are not applicable to the majority of sectors and undertakings as required by the Convention. The Committee requests the Government to supply information on all the points raised in the observation.