Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

Benzene Convention, 1971 (No. 136) - Spain (Ratification: 1973)

The Committee takes note of the Government’s last report and the information provided in response to its comments. It draws the Government’s attention to the following points.

1. Article 4, paragraph 2, of the Convention. The Committee notes the adoption of Royal Decree 374/2001 on the protection of workers’ health and safety against risks related to chemical agents at work. It notes with interest section 8 in conjunction with Annex III of this Decree prohibiting the production, fabrication and use of benzidine, a derivate of benzene, which is used as a solvent for dyers in many industries such as the shoe leather industry. The Committee further notes paragraph 2 of section 8 enumerating the possible derogations from this general prohibition. For the cases of derogation, paragraph 3(b) stipulates that benzidine is always to be processed in an enclosed system. With regard to the work with benzene and with products containing benzene other than benzidine, the Committee notes again section 5 of resolution No. 6248 of 15 February 1977 on work with benzene and with products containing benzene prescribing that the work with benzene and with products containing benzene is to be carried out in an enclosed system whenever possible and, in the absence of an enclosed system, other safety measures must be assured. Pursuant to section 2, paragraph 2, of the resolution, it is strictly prohibited to carry out any work with products containing benzene outside of those workplaces where the implementation of the instructions contained in this resolution can be adequately and permanently monitored. In this context, the Committee refers to the Government’s indications provided to the Conference Committee in 1992 according to which the petroleum refinery industry apparently represents the main domain where benzene was produced. In view of this fact, the Committee requests the Government to indicate whether it is envisaged to prohibit the use, fabrication and production of other forms of benzene like the Royal Decree prescribes for benzidine. In addition, it asks the Government to supply information on the domains where benzene is still used in whatever form in order to enable the Committee to appreciate the extent to which problems would occur as a result of using benzene. The Committee further requests the Government to communicate a copy of the report issued on the outcome of the labour inspectorate’s action plan, devoted to the supervision of the relevant legislation related to benzene, which has already been carried out already several years ago.

2. Article 11, paragraph 2. With regard to the special protection requirements for pregnant women and nursing mothers, the Committee notes that the Government again refers to section 26 of the Law on the Prevention of Occupational Risks 31/1995 obliging the employer to carry out a risk assessment and, depending on the result of this risk assessment, to adopt the necessary measures to protect effectively the safety and health of e.g. pregnant women and nursing mothers against the specific risks detected. The Committee refers to its previous comments where it had noted that both the Government and the CC.OO. had made reference to black market enterprises involving the use of benzene in work processes in which certain provisions of the Convention were not adequately complied with, such as, in particular, the employment of pregnant women and nursing mothers in such work processes, contrary to Article 11, paragraph 1, of the Convention. Hence, it appears that the problem is not a legal one, but related to the supervision of the practical application of the relevant legislation. In the absence of any indications contained in the Government’s report in this respect, the Committee therefore requests the Government to indicate the action taken or envisaged in particular at inspection level in order to ensure the application of the relevant legislation in all enterprises using benzene or products containing benzene.

3. Part IV of the report form. The Committee notes the statistical data supplied with the Government’s report on the inspection activities carried out by the Labour Inspection and Social Security Inspectorate in relation to benzene. The Committee invites the Government to continue to provide statistical data reflecting the manner in which effect is given in practice to the Convention in the country.

4. The Committee is addressing a request directly to the Government concerning another point.