Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

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

I. The Committee has noted the comments made by the Staff Association of Local Police of the Trade Union Confederation of Workers' Commissions transmitted in a communication of 1 March 1991. It further notes the Government's reply to these comments dated 25 October 1991. The Committee is dealing with these comments and a number of other points in a request addressed directly to the Government.

II. The Committee notes with regret that the Government has not replied to its previous observation with respect to information provided by the Trade Union Confederation of Workers' Commissions (CC.00.) in 1987 concerning the absence of a national policy on occupational safety and health as required by Article 4 of the Convention. The Committee must, therefore, request the Government once again to provide information on the following matters:

In its previous observation, the Committee noted the Government's indication in its first report that the Ministry of Labour was preparing a legal text on safety and health at work to deal with, in particular, the coordination between the various authorities and bodies having a responsibility in the field of safety and health, and the rights and responsibilities of employers and workers. In its report for the period ending 30 June 1989, the Government indicated that no text had been promulgated because the Government was waiting for the final approval of EEC Directive No. 391 of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work. The Committee recalled that Article 4 of the Convention provided that a coherent national policy on occupational safety, occupational health and the working environment be formulated, implemented and reviewed in consultation with the most representative organisations of employers and workers.

The Committee also noted the CC.00's indication that, in view of the lack of a coherent national policy concerning occupational safety and health, Article 15 -- which concerns the necessary coordination between various authorities and bodies called upon to give effect to this policy -- cannot be properly applied. The Committee recalled that the arrangements made to ensure this coordination should be taken in consultation with the most representative organisations of employers and workers. The Government had indicated the coordination provided for in the organisational structure which already exists in the field of occupational safety and health. The Committee expressed the hope that a coherent national policy on occupational safety, occupational health and the working environment would be formulated in the near future and that the organisational structure put into place by this policy would provide for the necessary coordination between the authorities and bodies concerned.