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

Labour Inspection Convention, 1947 (No. 81) - Spain (Ratification: 1960)

Article 5(b) of the Convention. Collaboration between the labour inspection services and the social partners. Further to its previous comment concerning cooperation between the labour inspection services and the social partners, the Committee notes the Government’s indication that this is possible at institutional level by means of the Tripartite Advisory Committee set up within the Labour and Social Security Inspectorate. Moreover, the Committee notes that, in 2009, a working party was formed with the social partners, and this will analyse the statistical data relating to labour inspectorate activities, including action by the inspection services in enterprises which operate in several autonomous communities.

As regards promotion of the labour inspectorate’s duty to provide information, the Committee notes the indication that this duty is performed during inspection visits. Furthermore, the inspection services adopt more general measures, including the distribution of brochures during lectures and information meetings. This type of activity is undertaken as part of specific inspection campaigns. In this regard, the Committee notes the campaigns which took place in 2008, in particular the European campaign on the manual transport of loads and the SEGUMAR campaign concerning the prevention of occupational hazards on board fishing vessels.

Articles 9 and 10. Cooperation of experts and technicians. Numbers and qualifications of labour inspection staff. The Committee notes with interest the establishment of a labour and social security inspection college, which is in the process of being constructed. It notes that this college will be open to the participation of all the autonomous communities and to cooperation with other public or private institutions concerned with training. The Committee also notes the Government’s indication that in 2007 a total of 559 training courses were held for 5,983 persons. In this respect the Committee notes that, for 2008, the numbers of inspection staff increased to 1,746 officials, comprising 836 inspectors and 910 deputy inspectors, as well as 236 technicians. It notes in particular that the new INTEGRA computer application, developed in the context of the “LINCE” project, has been a valuable tool in the training of labour inspectors. The Government also mentions that a study has been conducted on “Training needs of the inspection system and evaluation of appropriate solutions”. The Committee further notes that, in 2008, the focus was placed on quality, not quantity, of training courses, and most of the 447 courses given were devoted to technical rather than computer education.

Article 11(1)(a). Labour inspection information system. As regards the development of the “LINCE” project and the new INTEGRA computer application mentioned above, the Committee notes that this application has constituted the core of the “LINCE” project since its creation in 2007 and encompasses the four subsystems of vital importance for labour inspection and social security, namely: (i) programmes and campaigns; (ii) inspection activities; (iii) follow-up to reports of infringements through administrative and dispute settlement channels; and (iv) evaluation and monitoring. According to the Government, this application, apart from providing IT support for labour inspection activities, constitutes an integrated information management system which enables information to be transmitted, shared and utilized in a coherent manner. Moreover, the Committee notes that two other systems have been developed: (i) the INTEGRA-PERSONAL system, which manages the human resources of the inspection and social security services; and (ii) the INTEGRA-PRODUCTIVIDAD system, which manages the productivity of the inspectorate and support staff. Finally, the Committee notes the creation of a number of databases, namely: (i) the CEPROSS database concerning occupational diseases; (ii) the ADEXTTRA database concerning information on foreign workers; and (iii) the e-SIL database (occupational information system) concerning social security. It notes that, since 2007, all these projects have been subject to constant improvement, inter alia, in order to ensure coherence in methods and quality of implementation of activities in all inspection and social security services, by documenting and disseminating working procedures in a clear and accessible manner, which enables the provision of a knowledge base ensuring the coherence of inspection activities.

Articles 18 and 21. Penalties applicable to infringements. Content of the annual general report. The Committee notes the information supplied by the Government concerning infringements reported with regard to gender equality and discrimination and also with regard to subcontracting in the construction industry. It notes that, between 2007 and 2008, the number of infringements increased considerably (52 and 43 respectively in 2007 compared with 121 and 631 in 2008). The annual labour inspection report for 2008 indicates that 610,774 establishments were inspected, giving rise to 1,047,977 reports and 92,098 notices of infringement of the legislation. The Committee further notes the statistics on penalties imposed in the areas of labour relations (5,955 infringements reported), occupational risk prevention (27,882 infringements, in addition to which there were 5,851 infringements reported during investigations conducted further to industrial accidents), industrial accidents (954,981 in 2007 compared with 828,941 in 2008, namely a decrease of approximately 10 per cent), employment and foreign workers (12,994 infringements) and social security (40,564 infringements). Finally, the Committee notes the statistics for 2009 relating to each autonomous community and also indicating that 69,694 infringements were reported at national level.

As regards the laws and regulations relating to the competencies of the labour inspectorate, the Committee notes the adoption of Royal Decree No. 1109/2007 of 24 August 2007 concerning procedures in force in the construction industry, Act No. 20/2007 of 11 July 2007 regulating the status of self-employed workers, Act No. 38/2007 of 16 November 2007 modifying the powers of the general administration of the State to impose penalties, Act No. 44/2007 of 13 December 2007 including recruitment agencies in the list of enterprises which may be held liable for occupational infringements, and also the Decision of 25 November 2008 of the Directorate-General of Labour Inspection and Social Security, which establishes the basis for authorizing enterprises to use the electronic inspection register. The Committee further notes with interest Instruction No. 1/2007 of 27 February 2007 on the strengthening of relations between the Labour and Social Security Inspectorate and the Public Prosecutor’s Office concerning criminal acts in the sphere of occupational safety and health.

The Committee requests the Government to continue to supply information on the manner in which the Convention is applied, indicating in particular:

(a)   Any measure or initiative aimed at improving cooperation between the labour inspection services and other institutions and the social partners, and also any activity or programme relating to the duty of the labour inspectorate to provide information. The Committee also requests the Government to supply information on the activities of the working party set up in 2009, including any studies or official reports which have been drawn up.

(b)   Any measure or initiative taken with a view to increasing the numbers and improving the qualifications of labour inspectors and also the results achieved. The Committee also requests the Government to keep the Office informed of the progress made regarding the establishment of the labour inspection and social security college and to supply documentation relating to the legal framework of the college and its operation.

(c)   Any further developments relating to the labour inspection information systems – LINCE, INTEGRA-PERSONAL, INTEGRA-PRODUCTIVIDAD, etc. – and their impact on inspection service activities. The Committee also requests the Government to supply a copy of the study on the “Training needs of the inspection system and evaluation of appropriate solutions” and to indicate the measures taken to follow up on its conclusions.