Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

1. The Committee notes the information supplied by the Government in its report, including accompanying legislation and, in particular, the text of Act No. 54/2003 of 12 December 2003 reforming the Prevention of Work-related Hazards Act, which, according to the Government, regulates the obligations and responsibilities of the persons involved in the prevention of work-related hazards: the State and Autonomous Communities, social agency officials and other bodies concerned with the subject, including them in all the enterprise’s decision-making levels and bodies and promoting a culture of prevention. The Committee also notes the text of Royal Decree No. 171 of 30 January 2004 which relates to some sections of the Act on the Prevention of Work-related Hazards in regard to coordination of managerial activities.

2. Article 1, paragraph 1, of the Convention. Scope of the Convention -particular branches. In its previous comments, the Committee requested the Government to indicate the measures adopted or envisaged to guarantee the protection provided by this provision of the Convention to aviation and maritime crews who are excluded from the application of Royal Decree No. 1316/1989, by virtue of section 1. The Committee notes the Government’s reference in its latest report to certain instruments of international bodies including Directive 2003/10/EC which lays down that the provisions of the Directive apply to all activities in which workers are or can be exposed to noise-related hazards as a consequence of their work, and to the Government’s intention to amend Royal Decree No. 1316/1989 to take into account the new provisions of the Directive which must be transposed into domestic law by 26 February 2006. The Committee requests the Government to indicate specifically which standards give effect to the Convention and, ultimately, guarantee the protection it affords to air and maritime transport workers.

3. Article 8, paragraph 1. Limitation of exposure to air pollution. The Committee notes that Royal Decree No. 374/2001 of 6 April on the protection of workers’ health and safety against hazards related to chemical agents during their work contains a series of definitions including "air pollution", "hazardous chemical agent", "maximum environmental values" (maximum reference values for concentrations of the agents in the workers’ breathing environment), "daily exposure" and "short-term exposure". The Committee also notes that section 3, paragraph 1, of the Decree specifies the obligation of the enterprise to determine whether hazardous chemical agents are present at the workplace. The Committee notes the publication by the National Institute of Occupational Safety and Health at Work of the document on maximum limits of occupational exposure to chemical agents in Spain.

4. Article 14. Research in the field of prevention and control of hazards in the working environment due to air pollution and noise. In its previous comments, the Committee took note of the new functions of the National Institute of Occupational Safety and Health at Work and requested the Government to keep it informed of the research carried out by the Institute. Since the latest report contained no information on the matter in question, the Committee requests the Government once again to supply information on the research carried out by the Institute in regard to prevention and limitation of risks due to air pollution and noise.

5. Part IV of the report form. The Committee notes the information supplied regarding the inspection visits on noise and air pollutants and their results and requests the Government to continue providing such information in future reports. The Committee also refers to paragraphs 1 to 6 of its comments under Convention No. 155.