Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

With reference to its previous direct request, the Committee requests the Government to send additional clarifications on the following points:

1. Article 11(b). The Committee notes the Government's indication that workplace hygiene is evaluated taking into consideration the effects of simultaneous exposure to more than one agent. The Government is requested to continue to provide information in its future reports on any prohibitions or limitations made upon the use of substances or agents due to consideration given to the effects of simultaneous exposure to several hazards.

2. Article 11(d). The Committee notes with interest the information provided by the Government to the effect that the computerization of investigation and control of occupational accidents undertaken by the National Institute for Occupational Safety and Health (INSHT) is progressing. The Committee notes that this plan is still at the pilot stage and has not yet been implemented at national level. It requests the Government to continue to provide information in its subsequent reports on the progress made in implementing this plan at the national level.

3. Articles 13 and 19(f). The Committee notes the indication that the measures taken by the workers' representatives or the competent safety authorities under section 19(5) of the Workers' Charter (Act No. 8 of 14 March 1980) will be based upon assessment of the high probability of accident. It has also noted the indication that, if this is not possible, the weight of importance placed by the law upon the general duty to the employer would be lessened in the event of an imminent and serious danger to occupational safety and health. In its comments, the Trade Union Confederation of Workers' Commissions (CC.OO.) indicated that the right to remove oneself from imminent and serious danger was available to individual workers and that judicial recourse could be made on the matter. The Government states in its report that the future Act on prevention of occupational hazards will specifically establish the worker's right in this regard, in accordance with European Community Directive No. 89/391. The Committee hopes that the new Act will ensure workers' rights in the event of serious and imminent dangers, in accordance with Articles 13 and 19(f) of the Convention, and requests the Government to indicate in its next report the progress made in this regard.

4. Article 14. The Committee notes the comment made by the CC.OO. that questions of occupational safety and health are not included at all levels of education and training as called for by the Convention. The Committee also notes that, under section 7 of Royal Decree No. 577 of 1982, the National Institute for Occupational Safety and Health (INSHT) is responsible for programming, organizing and carrying out plans and training courses for occupational safety and health technicians. The Government is requested to indicate in its next report any measures taken by the INSHT or other competent authority to ensure that questions of occupational safety and health are included at all levels of education and training.