Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Guarding of Machinery Convention, 1963 (No. 119) - Spain (Ratification: 1971)

Article 15 of the Convention and Part V of the report form. Enforcement measures including appropriate inspection and penalties. Information on application including summaries of Labour Inspectorate reports, number and nature of violations reported. The Committee notes with interest the detailed information provided by the Government on the Labour Inspectorate’s activities in this regard, including statistics on inspection activities between 2004 and 2008 and notes, in particular, the part of the report entitled, “Major conclusions of inspection activities in monitoring compliance with the regulations on the guarding of machinery during the period 2004–08”. According to the report, although the number of inspections carried out in this area varies between 14.83 per cent and 18.48 per cent of the total inspections carried out by the Labour Inspectorate with regard to occupational safety and health, this is where the majority of penalties and corrective measures are imposed by the Labour Inspectorate. Between 61.43 per cent and 82.80 per cent of temporary closures ordered by the Labour Inspectorate, between 34.62 per cent and 41.08 per cent of the total penalties suggested with regard to occupational safety and health, and between 53.36 per cent and 65.95 per cent of the total proposals for supplementary benefits following occupational accidents or diseases resulted from a failure to comply with the regulations on the guarding of machinery or work equipment. The Committee requests the Government to provide information on the measures taken or envisaged to tackle the problems mentioned in the conclusions concerned and to continue providing statistics on the application of the Convention.