Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

White Lead (Painting) Convention, 1921 (No. 13) - Spain (Ratification: 1924)

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO), received on 22 August 2014, and the observations of the General Union of Workers (UGT), received on 29 August 2014, which refer mainly to statistics, the decline in the activities of the labour inspectorate and the need for further prevention and protection measures for self-employed workers. The Committee notes the Government’s response to these observations, received 25 November 2014. It will examine these comments in due course.

Article 5(II)(c) of the Convention. Measures aimed at preventing clothing put off during working hours from being soiled by painting material. The Committee notes that, according to the CCOO, Royal Decree No. 374/2001 on chemical hazards does not require enterprises to provide workers with changing rooms and showers, or a set time when they can wash before and after work and separate their work clothing from their non-work clothing to prevent the latter from being soiled, in accordance with Article 5(II)(c) of the Convention. The Committee also notes the Government’s indication that the applicable legislation on the use of white lead consists mainly of European Community regulations, which were transposed into Spanish law by Decree No. 374/2001. The Committee requests the Government to adopt the necessary measures to give effect to Article 5(II)(c) of the Convention and to provide information on this subject.

Article 7. Statistics. With regard to its previous comments, in which the Committee noted that in 2006 two workers were diagnosed with occupational diseases caused by lead, resulting in temporary absence, while in 2012 there were 47 cases, the Government indicates that it does not know the cause of this sharp rise in cases that occurred in two provinces. The Committee notes with concern that, according to the Government, the data published on occupational diseases, following the introduction of CEPROSS (the system for the notification of occupational diseases), do not allow for the disaggregation of information on lead. In this regard, the Committee notes that, according to the UGT, the manner in which the number of occupational diseases is disaggregated in the statistics makes it impossible to know how many were caused by activities in which lead is present. The Committee requests the Government to take the necessary measures to make it possible to disaggregate the relevant data on lead poisoning among working painters in order to give effect to the provisions of Article 7 of the Convention, and to provide information on this subject.

Application of the Convention in practice. Self-employed workers. The Committee requests the Government to continue providing information on the application of the Convention in practice with regard to self-employed workers, and on the activities of the labour inspectorate in relation to the Convention.