Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

The Committee notes the debate which took place in the Conference Committee on the Application of Standards in June 2007 and the conclusions resulting from the debate. The Conference Committee observed that this case should serve as an example of good practices. It congratulated the Government on the considerable efforts made to improve the situation of all workers with regard to occupational safety and health (OSH) and asked the Government to continue to supply information in this regard, including on migrant workers.

Legislation. The Committee notes with interest the legislation adopted in the area of OSH for various sectors and spheres (such as, inter alia, self‑employment, subcontracting, construction workers), the heavy penalties for violations of the relevant legislation, and the updating of the list of occupational diseases. It notes that section 8.1 of Act No. 20/2007 of 11 July 2007 (Self‑Employment Regulations) states that the competent public administration shall assume an active role in the prevention of occupational hazards to self‑employed workers by means of activities promoting prevention, technical advice, monitoring and controls on compliance with OSH standards. It also lays down conditions regarding the right to stop work and abandon the workplace when the activity in question entails a serious imminent hazard. It also regulates the application, in cases where self-employed workers and workers from another enterprise or other enterprises are working together, of the obligation to cooperate and also the obligations to provide information and training as laid down in section 24(1) and (2) of Act No. 31 of 1995 on coordination of business activities. The Committee also notes Royal Decree No. 1299/2006 of 10 November 2006, approving the schedule of occupational diseases in the social security system. The Government reports that Act No. 32/2006 of 18 October 2006 concerning subcontracting in the construction industry lays down a set of guarantees to avoid any lack of controls in this sphere. The guarantees include: requiring compliance with specific conditions so that subcontracting beyond the third level meets objective criteria, in order to avoid practices which endanger OSH; the requirement for these enterprises to meet quality and solvency criteria and the strengthening of guarantees concerning training in occupational risk prevention; and increasing the participation of workers. Furthermore, new regulations have been adopted in relation to infringements arising from non-compliance by subcontractors, contractors and promoters of their obligations regarding risk prevention. These provisions are set out in Royal Decree No. 1109/2007. The Government refers to the adoption of Royal Decree No. 597/2007 of 4 May 2007 concerning the publication of penalties for serious infringements relating to occupational risk prevention. Finally, the Committee notes Royal Decree No. 1027/2007 of 20 July 2007 approving regulations on heating installations in buildings and Royal Decree No. 1644/2008 of 10 October 2008 laying down standards regarding the sale and installation of machinery.

Articles 4 and 7 of the Convention. National policy and overall reviews or reviews in respect of particular areas. The Committee notes with interest that, in accordance with the provisions of these Articles, national policy on OSH is being reviewed and updated, as borne out by numerous recent legislative changes in this area, adopted as part of the Spanish Strategy on Occupational Safety and Health (2007–12), which was supported by the National Occupational Safety and Health Committee, in which the General Administration of the State, the Autonomous Administration and the most representative employers’ and workers’ associations are represented. The Committee notes that the strategy in general terms encompasses occupational risk prevention policies in the short, medium and long term, and seeks to transform the values, attitudes and conduct of all stakeholders in occupational hazard prevention, with the aim of reducing accident rates and progressively improving working conditions. The Government states that the strategy is based on the idea that, in order to achieve these general objectives, eight operational objectives have been established, which, for structural reasons and taking account of the main stakeholders, have been grouped into two major sections: (a) those relating to the prevention of occupational hazards in the workplace; and (b) those relating to public policies. Each objective has given rise to various lines of action and the latter in turn have resulted in various specific measures giving practical expression to the objectives, designating the person responsible for implementation of the measures and establishing a time frame for launching and implementing them. The Committee notes that, in connection with the evaluation and follow-up of the strategy, a working group on follow-up action to the Spanish OSH strategy has been set up within the National Occupational Safety and Health Committee. The Government also indicates that it has drawn up an initial plan of action, an evaluation of which was carried out up to October 2008, and has drawn up a second plan of action up to June 2010, when a further review of the strategy was due to be carried out and another phase of work to be prepared. The Committee requests the Government to continue to supply information on the manner in which the review of the national OSH policy was carried out and also on any other review which may be undertaken. It also requests the Government to supply information on the conclusions and changes arising as a result of any review and to continue to supply information on national policy trends in this area.

Application of the strategy for small and medium-sized enterprises (SMEs). The Committee notes with interest objective 1 of the strategy, “Achieving better and more effective compliance with social security and occupational health regulations, especially in relation to SMEs,” and also the particular measures contemplated in this context to promote compliance with OSH legislation by SMEs. For example, provision has been made for the National Occupational Safety and Health Institute (INSHT) to draw up a code of practice specifically concerning the application of prevention regulations by SMEs and micro‑enterprises. Furthermore, all INSHT guides on prevention regulations must contain a specific chapter on their application by SMEs. The strategy also provides that all future standards on occupational hazard prevention must contain a report on their application in SMEs and, if applicable, differentiated measures for SMEs must be included. With a view to the simplification of their occupational hazard prevention obligations, enterprises of up to ten workers will be provided with public advice regarding the organization of their prevention activities, with the promotion of self-evaluation involving standard models for various sectors and specifying activities or hazards which require specialized technical help. Simplified procedures are established for enterprises employing fewer than 50 workers. The “Spanish Occupational Safety and Health Network” will be developed as an instrument for promoting and supporting cooperation and the exchange of information and experience among its members. The INSHT as administrator of the network and focal point for the European Agency for Safety and Health at Work will promote awareness and dissemination of information relating to occupational hazards among SMEs. Recalling that the plan of action for achieving satisfactory levels of ratification and effective application of OSH instruments, approved by the Governing Body in March 2010, pays particular attention to SMEs and to research into particularly relevant applications or practices in OSH that also improve productivity and are attainable for SMEs, the Committee considers that the particular focus placed on SMEs by the Spanish strategy could contribute towards establishing good practices in this area. The Committee therefore requests the Government to supply detailed information on the implementation of OSH measures aimed at SMEs and on their results, including achievements and any problems encountered, and also requests the Government to supply copies of materials which have been devised, such as the INSHT codes of practice referred to by the plan.

The Committee is raising other points in a request addressed directly to the Government.