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

Benzene Convention, 1971 (No. 136) - Spain (Ratification: 1973)

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.