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

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

The Committee notes the observations made by the Trade Union Confederation of Workers’ Committees (CCOO) and the General Union of Workers (UGT), received 12 August 2014 and 29 August 2014, respectively. The observations of the CCOO are also included in the Government’s report, received on 10 September 2014.

Article 9 of the Convention. Adequate and appropriate inspection system. The Committee notes that, according to the UGT’s observations, the employment accident rate has continued to increase in 2014 and that, nevertheless, the Labour and Social Security Inspectorate (ITSS) reduced the number of inspections by almost 10 per cent in 2013, which resulted in an apparently lower number of violations reported and of penalties, as indicated in the statistics provided by the Government, and particularly tables of 2012 and of 2013 on ITSS activities – 2009–13, annexed to the Government’s report. The Committee also notes the indication by the UGT that the Government should be more involved in this subject, through an increase in inspections with a view to the enforcement of the legislation that is in force in all sectors and enterprises. The Committee requests the Government to provide its comments in relation to the observations of the UGT.

Article 11(c) and (e), in conjunction with Articles 4 and 7. Notification of occupational accidents and diseases and publication of statistics. National policy. Overall reviews or reviews in respect of particular areas. The Committee notes that, according to the UGT, the publication of statistics on occupational diseases should be modified to adopt a model similar to that used for statistics of occupational accidents. According to the UGT, such statistics should be available in a monthly form, they should specify deaths caused by occupational disease, and provide a breakdown of occupational diseases (showing the code for each occupational disease), based on the Spanish Schedule of Occupational Diseases. In this respect, the Committee notes that in the information on ITSS activities – 2009–13, annexed to the Government’s report, statistics are provided on occupational diseases, compiled by the CEPROSS (the system for the notification of occupational diseases), although they are not disaggregated by branch of economic activity, as is the case for statistics of occupational accidents. The Committee also notes that, according to the CCOO, the system for the recording and notification of occupational diseases should be improved and simplified. It adds that many occupational diseases are not notified as such, but rather as common diseases, and as a result their causes are not identified. The Committee recalls that, according to paragraph 296 of its 2009 General Survey on occupational safety and health, effective data collection and its analysis by a member State is a critical function in order to identify priority areas for OSH action, including the resources and training needed to address deficiencies and later to assess the effectiveness of the action taken. Indeed, the availability of full, reliable and up-to-date statistics on occupational accidents and occupational diseases is indispensable for the formulation and review of a national OSH policy. The Committee invites the Government to review these issues in consultation with the most representative organizations of employers and workers concerned, in the context of the periodical review of its national policy, and also taking into account Article 7 of the Convention, and requests it to provide information on this subject.

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