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

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Spain (Ratification: 1980)

1. With reference to Article 8, paragraph 1, of the Convention, the Committee notes the Government's comments in reply to the observations made by the General Union of Workers (UGT) concerning section 4(2) of Royal Decree No. 1316/1989. The Government states that the Royal Decree establishes obligations for the employer which are not merely dependent on the will of the employer. Compliance with these obligations is ensured by administrative supervision, combined with the activities of the National Occupational Safety and Health Institute, and of workers' representatives in the field of occupational safety and health.

The Committee once again draws the Government's attention to paragraph 7(1) of the ILO Code of practice on protection of workers against noise and vibration in the working environment, which provides that the level of noise and/or vibration in the working environment should be measured whenever: (a) the work undertaken or the workplace is likely to carry a risk of noise; (b) the monitoring of the workplace or of the workers' health, or inspection visits demonstrate that the risk might exist, or; (c) the workers feel that they are exposed to levels of noise and/or vibration which bother them or their work. The Government is requested to indicate the measures which have been taken to ensure that the decision to measure the levels of exposure to noise at the workplace are not only the responsibility of the employer, but can also be invoked for the reasons given above, and to indicate in particular whether workers can request that measurements be made of the noise levels in the working environment when they consider that such levels are bothersome to themselves or their work.

The Committee requests the Government to provide information on the number and nature of offences reported under the second additional provision of the Royal Decree. It also requests the Government to provide copies of extracts of the research published by the National Occupational Safety and Health Institute, if such research has been undertaken, concerning criteria relating to the effects of noise on the health of workers.

2. The Committee recalls that it raised a number of matters in its previous observation concerning the following points:

Article 1, paragraph 1. The Committee notes from the comments made by the UGT that Royal Decree No. 1316 of 27 October 1989 respecting the protection of workers against risks due to occupational exposure to noise does not apply to civil servants or self-employed workers. The Committee understands, however, that by virtue of section 1, the Decree applies to all workers irrespective of the type of contract, with the exception of aviation and maritime crews. Since, by virtue of Article 1, paragraph 1, the Convention applies to all branches of economic activity, the Government is requested to indicate whether civil servants are in practice covered by the above Decree and, if not, to indicate the measures that have been taken to ensure the protection of these workers against the effects of exposure to noise which are harmful to their health. The Government is also requested to indicate the measures which have been taken or are envisaged to provide the protection afforded by the Convention to aviation and maritime crews.

Article 8, paragraph 1. In its previous observations, the Committee noted the observations made by the Trade Union Federation of Workers' Commissions (CC.OO) to the effect that the protection of workers against hazards due to noise is not designed to protect workers against hazards other than those directly affecting their hearing. The Committee draws the Government's attention to Appendix 2 of the above Code of practice, in which it is indicated that the effects of noise on hearing can be of a physiological, mental or pathological nature and that these effects can affect hearing and other organs of perception, and that they can also be of a general nature. In its comments, the UGT also states that Decree No. 1316 of 1989 does not take into account the other effects which might result from exposure to noise. In its latest report, the Government states that Royal Decree No. 1316 was designed taking into account all the effects of exposure to noise and states that section 1 of the Decree refers to risks due to exposure to noise, and particularly its effects on hearing. The Committee also notes that section 2(1) of the Decree provides that the level of noise at the workplace should be lowered to the lowest level technically possible. It requests the Government to continue supplying information on any measure that is taken at the enterprise level, either at the initiative of the employer, or at the request of the labour inspectorate, to reduce levels of noise on the grounds of their harmful effects other than on hearing.

Article 14. In its previous comments, the Committee noted the information provided by the CC.OO that the budget for the National Occupational Safety and Health Institute had been reduced by one-third, and that the number of staff of the Institute had been reduced by one-quarter. It notes that, according to the indications provided by the Government in its latest report, this reduction has not been prejudicial to the effectiveness of the Institute in view of the fact that, on the contrary, other factors related to the management of resources made possible a considerable improvement in the effectiveness of preventive action without increasing staff numbers. The Government adds that the financial and technical resources have not in fact been reduced, but that they have been dispersed in the context of a process of decentralization. It also refers to a reform that would result in new responsibilities and a more appropriate organization of the Institute so that it can achieve its inspection objectives more effectively in the fields of the prevention and control of occupational risks. In this respect, the Government is requested to keep the Office informed of the measures adopted to restructure the Institute, as well as any other measure taken to improve the inspection system in the country.