Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee notes the observations made by the Trade Union Confederation of Workers’ Commissions (CCOO), received on 11 August 2017, which indicate that the Convention must be read taking into account the changes introduced during the revision of the ILO Code of Practice on Safety and Health in Ports, adopted in November 2016.

Legislative changes and request for a detailed report. In its previous comment, the Committee requested the Government to send a detailed report in view of the major transformations that have occurred recently in this area, resulting in far-reaching legislative changes, and to indicate clearly the legal provisions and sections which give expression in law to each of the Articles of the Convention. The Committee notes that the Government has presented a series of legislative and regulatory provisions applicable to dock work. The Committee notes that only some of these provisions refer specifically to safety and health in dock work. In addition, the Committee notes that in April 2019 the III Collective Agreement on State Ports and Dock Activities was adopted, which is in force between 2016 and 2026, and applicable specifically to dock work. In light of the foregoing, the Committee requests the Government to continue providing any new provisions applicable to dock work, particularly in the area of safety and health. The Committee also requests the Government to provide a copy of the decision that establishes the requirement for registration and publication of the III Collective Agreement on State Ports and Dock Activities.

Article 25 of the Convention. Certificates and register of lifting appliances and items of loose gear. In its previous comment, the Committee requested the Government to provide information on the effect given to the three paragraphs of Article 25. With regard to the inspection of loading and unloading equipment on vessels, the Committee notes that the Government once again refers to section 16 of the Order of 24 February 1962 establishing the Regulation for the inspection of loading and unloading techniques on merchant ships. With regard to loading and unloading equipment in ports, the Committee notes that the Government reiterates that each Port Authority keeps a register or inventory of the cranes in its port but is not responsible for the maintenance of such machinery. Furthermore, the Committee notes that under Royal Decree 836/2003 of 27 June 2003, approving a new complementary technical instruction, MIE-AEM-2 establishing the Regulation on lifting and handling devices and Royal Decree 837/2003 of 27 June 2003, approving the new amended and consolidated text of the complementary technical instruction, MIE-AEM-4 establishing the Regulation on lifting and handling devices, self-propelled mobile cranes may be used after registration by the competent body of the autonomous community, which must send the necessary data for the inclusion of the crane in the Integrated Industrial Register (regulated by Act 21/1992 of 16 July 1992) to the Ministry of Industry, Tourism and Trade. The Committee notes that according to Royal Decree No.837/2003, the date of registration must be taken into account when conducting official inspections. The Government indicates further that maintenance and checks fall to the owner, who must hire a maintenance company to conduct official inspections with the periodicity established in section 6 of Royal Decree 837/2003. A copy of the inspection report must be given to the owner and another sent to the competent body of the autonomous community in which the maintenance company is registered. Lastly, in accordance with section 7 of Royal Decree 837/2003, the owner must make the equipment record of the crane available to the competent body of the autonomous community or the maintenance company. The Committee requests the Government to provide samples of: (i) the registers completed by the competent body of the autonomous community; (ii) the Integrated Industrial Register of the Ministry of Industry, Tourism and Trade; and (iii) the official inspection reports compiled by the maintenance companies that have been sent to the competent body of the autonomous community.

Part V of the report form. Application of the Convention in practice. The Committee notes the information provided by the Government concerning the activities performed by the Labour Inspectorate. It also notes that the Government once again indicates that there is no specific and exclusive category to enable it to provide data on accident rates among dockworkers, and that, to be able to provide numbers on occupational accidents, the Government uses data under occupational classification CON 980 (Transport labourers and unloaders) affiliated with an enterprise in CNAE group 502 (Maritime cargo transport), which show that in 2010 there were 12 occupational accidents, which required sick leave, among unloaders working in maritime cargo transport, which were classified as minor accidents. The Committee requests the Government to continue providing updated information on the application of the Convention in practice and to, where necessary, indicate all measures taken or envisaged to compile specific information on the number of occupational accidents and diseases among dockworkers.