Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

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

With reference to its previous comments, the Committee notes the information provided in the Government's report and the comments made by the General Workers' Union (UGT) and the Trade Union Confederation of Workers' Commissions (CC.OO.) in communications dated 19 September and 4 October 1993 respectively and transmitted to the Office by the Government.

In previous observations, the Committee had noted the Government's indication in its report for the period ending 30 June 1987 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 authorities and bodies with responsibility in this area, and the rights and duties of employers and workers. 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 organizations of employers and workers. It 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 it would ensure coordination between the relevant authorities and bodies (Article 15), the lack of which had been commented upon by the CC.OO. in 1987.

In its latest report, the Government has indicated that regulatory standards concerning working conditions are constantly being adopted and brought up to date and that the national policy concerning occupational safety and health exists in the form of such standards which set forth the rights and duties of workers and employers at the level of the enterprise and at the national level. The Government adds, however, that the process of legislative reform is currently being negotiated with the social partners but there has, as yet, been no complete agreement in this regard. The UGT has stated in its comments that the existence of a preventive policy on occupational safety and health depends upon the approval of the draft Act on prevention of occupational risks which, they assert, has already received the consensus of the social partners. The CC.OO. has noted that the draft Act, which they state has already been discussed with the social partners, has not yet been sent to Parliament. The Committee once again expresses the hope that a coherent national policy on occupational safety and health will be adopted in the near future.