Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Spain (Ratification: 1982)

Legislative changes and request for a detailed report. With reference to its previous comment, in which the Committee requested a detailed report, the Committee notes the Government’s indication that any ILO Convention ratified by Spain forms part of domestic law from when it enters into force and it should not therefore be forgotten that from that moment the Convention is of direct application and it is therefore not appropriate to request information on the provisions which give effect to the Convention. The Committee notes that the Government in its report indicates the legislation that would give effect to some of the Articles of the Convention, but that it does not provide the precise information requested which is necessary for a better understanding of the application of the Convention, such as indications of the provisions of national legislation which give effect to the Convention or replies to the questions in the report form referring to the Articles of the Convention. Each report form contains precise questions, on both the application of the Convention in general and the application of the individual Articles. The Committee recalls that, as decided by the Governing Body, a government has to provide a detailed report in various cases, including at its own initiative if there are significant changes in the application of a Convention it has ratified (for instance, major new legislation or other changes in the way it is applied) and if the Committee expressly requests it. The Committee therefore once again requests the Government to send a detailed report, taking into account the report form and also bearing in mind the indications in the first paragraph of its previous comment in which, in view of the major transformations that have occurred recently in this area, resulting in far-reaching legislative changes, it requested the Government to indicate clearly the legal provisions and sections which give expression in law to each of the Articles of the Convention.

Article 25 of the Convention. Certificates and register of lifting appliances and items of loose gear. The Committee notes the Government’s indication that each port authority keeps a register or inventory of the derricks in its docks, but is not responsible for the maintenance of such machinery. The report also refers to the certificates supplied by the manufacturer. However, this Article is broader in scope than the issue referred to by the Government, as it also regulates other types of periodic tests and other matters indicated in Articles 22, 23 and 24 of the Convention. The Government also indicates that the comments made by the port authorities should also be taken into account. The Committee hopes that, when preparing its next report, the Government will be in a position to include the comments made by the port authorities, and that it will provide information on the effect given to the three paragraphs of this Article.

Article 38(2). Prohibition on entrusting persons under 18 years of age with the operation of lifting appliances and other cargo-handling appliances. Article 7(1) Consultation of the organizations of employers and workers concerned in giving effect to the provisions of the Convention. For several years the Committee has been following up the comments made by the Trade Union Confederation of Workers’ Commissions (CC.OO.), which indicate that there is no provision in the national legislation prohibiting the operation by persons under 18 years of age of cargo-handling appliances, as required by paragraph 2 of this Article of the Convention. In its previous comments, the Committee requested the Government to indicate clearly the legal provisions which establish that lifting appliances or other cargo-handling appliances shall not be operated by persons under 18 years of age. The Committee notes the Government’s indication in its report that the information provided by the CC.OO. is not correct, since the national legislation contains provisions prohibiting persons under 18 years of age from operating lifting appliances and other cargo-handling appliances. The Committee notes the Government’s indication that the Decree of 26 July 1957, which lists the types of work that are prohibited for women and children, prohibits persons under 18 years from performing certain types of work and that the second schedule, Group XXIV, of the Decree prohibits the operation of mechanical lifting appliances by persons under 18 years, as well as other similar work.

Part V of the report form. Application in practice. The Committee notes the Government’s statement that the number of dockworkers covered by the Convention was, as of 31 December 2010, 6,659 and that the number of accidents stood at 12. The Committee also notes the information regarding the activities performed by the labour inspectorate. The Committee requests the Government to continue providing information on the application of the Convention in practice.