Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Occupational Safety and Health Convention, 1981 (No. 155) - Spain (Ratification: 1985)

The Committee notes the information contained in the Government's report, the comments made by the Occupational Union of Uniformed Police (SPPU), transmitted in a communication dated 13 January 1989, the comments made by the Trade Union Confederation of Workers' Committees (CC.OO.) dated 12 September 1987 and the Government's reply to these observations.

1. The SPPU had indicated in its observations that there were a number of safety and health problems (in particular, insufficient lighting, changing facilities, washrooms, fire-fighting equipment, etc.) in the Fuengirola and Marbella police stations. In its reply of 13 June 1989, the Government indicated that, on 10 November 1988, the General Directorate for Police of the Ministry of Interior issued internal Circular No. 33 creating an occupational health committee, with trade union representation, in each province. The Government also indicated that the Fuengirola and Marbella police stations had recently been inspected by the Health Service of the Directorate General for Police and that they were in the process of rectifying the irregularities. The SPPU has indicated that although it has asked for a copy of the report resulting from the inspection of the Fuengirola police station, the report has not yet been received. In this regard, the SPPU has made reference to Article 19(e) of the Convention whereby arrangements are to be made at the level of the undertaking to ensure that workers or their representatives are enabled to inquire into, and are consulted by employers on, all aspects of occupational safety and health associated with their work. The Committee would also recall that Article 8 requires that the steps necessary to give full effect to the national policy on occupational safety, occupational health and the working environment, be taken in consultation with the representative organisations of employers and workers concerned. Moreover, Parts II, III and IV of the Convention indicate that a coherent national policy on occupational safety, occupational health and the working environment should be based upon consultation and co-operation at all levels, from the working group to the national level. The Committee notes with interest the creation of occupational health committees to deal with the special problems faced by police in their working environment and requests the Government to indicate any further measures taken to ensure that in giving effect to this Convention there is consultation and co-operation at all levels.

2. The Government is requested to provide additional information on the following points:

Article 5(e). The Government has indicated that the Freedom of Association Act No. 10/1985, read with the Law on Infractions and Sanctions for Social Order No. 8/88, ensure that worker representatives are guaranteed certain rights of participation in the area of safety and health which employers cannot transgress. The Government is requested to indicate the measures taken to ensure the protection of workers, not only their representatives, from disciplinary measures as a result of actions properly taken by them in conformity with the national policy on occupational safety, occupational health and working environment.

Article 11(b). The Committee notes with interest the Government's statement that health hazards due to the simultaneous exposure to several substances or agents is taken into consideration when determining their prohibition or limitation. The Committee requests the Government to indicate the manner in which such simultaneous exposure is taken into consideration and to indicate any situations in which the prohibition or limitation of the use of a substance or agent has been modified due to consideration being taken of simultaneous exposure to several substances.

Article 11(d). The Committee notes the promulgation of the Ministerial Order of 16 December 1987 which sets out the rules and procedures for the notification of accidents and diseases. It requests the Government to indicate the measures taken to ensure that inquiries are held into the cases of occupational accidents or occupational diseases which appear to reflect serious situations.

Article 12. In its introduction, the Royal Decree No. 1495/1986 concerning regulations for safe machinery refers to technical instructions (ITCs) to be issued in order to establish specific standards for each type of machine. The Committee requests the Government to provide copies of any ITCs issued in this regard.

Article 13 and Article 19(f). The Government has indicated in its report that, by virtue of section 19(5) of the Workers' Charter (Act No. 10/90), workers' representatives can call for suspension of work when they believe there is a probability of the occurence of a serious accident due to inobservance of relevant legislation. According to the Government's report, once the worker' representatives have made this determination, the employer cannot require the workers to return to the situation until the appropriate remedial action has been taken, or there has been a decision by the labour authority. The Committee would point out that both Article 13 and Article 19(f) refer to situations involving an individual worker who chooses to remove himself or herself from a work situation which he or she has a reasonable justification to believe presents an imminent and serious danger to his or her health. It requests the Government to indicate the measures taken to ensure that no worker shall suffer undue consequences for such action, in accordance with Article 13, and to indicate the arrangements made to ensure that an employer cannot require a worker to return to such a situation as long as there is continuing imminent and serious danger to life or health, as required by Article 19(f).