In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 13 (white lead (painting)), 115 (radiation protection), 119 (guarding of machinery), 120 (hygiene (commerce and offices)), 127 (maximum weight), 136 (benzene), 148 (working environment (air pollution, noise and vibration)), 155 (OSH), 162 (asbestos), 176 (safety and health in mines) and 187 (promotional framework for OSH) in a single comment.

The Committee notes the observations of the General Union of Workers (UGT) on Conventions Nos 115, 155, 162 and 187, the joint observations of the Spanish Confederation of Employers' Organizations (CEOE) and the Spanish Confederation of Small and Medium-Sized Enterprises (CEPYME) on Conventions Nos 13, 115, 120, 127, 136, 148, 155, 162, 176 and 187, and the observations of the Trade Union Confederation of Workers' Commissions (CCOO), sent with the Government’s report, and also the Government’s reply to these observations.

General provisions

Occupational Safety and Health Convention, 1981 (No. 155) , Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

National OSH policy. The Committee notes the Government’s reference in its report to the adoption on 14 March 2023 of the Spanish Occupational Safety and Health Strategy 2023-27 (EESST 2023-27) by order of the Council of Ministers, and also of its plan of action for 2023-24. The Government also indicates that a follow-up report to the first plan of action will be presented in the last quarter of 2024, enabling an analysis of progress made on implementation of the measures. The Committee requests the Government to provide information on the follow-up report to the plan of action for 2023–24 and on the adoption of future plans of action for 2025–27 as part of the Spanish Occupational Safety and Health Strategy.

Application in practice of Conventions Nos 155 and 187. The Committee notes the Government’s indication that: (i) the Strategic Plan of the Labour and Social Security Inspectorate (ITSS) for 2021–23, adopted on 16 November 2021 in the Council of Ministers, includes campaigns aimed at monitoring compliance with obligations relating to occupational safety and health (OSH) and also the implementation of a plan for the intensification of inspectorate activities relating to OSH, particularly in sectors and enterprises where occupational accidents are more serious and more frequent; and (ii) by Act 23/2015 of 21 July 2015 regulating the ITSS system, the category of “employment and social security sub-inspectors” was created, with specific duties regarding the prevention of occupational risks, amounting to a significant strengthening of ITSS activities.

The Committee notes that the UGT indicates in its observations that: (i) the statistical increase in the number of occupational accidents in the country, including fatal accidents, shows that preventive systems are failing; (ii) deaths during the working day from heart attacks and strokes have for some time topped the list of fatalities related to occupational accidents; the union asserts that preventive management of psychosocial risks need to be improved; and (iii) the union has proposed on several occasions that a social dialogue roundtable should be opened at national level on occupational risk prevention to coordinate an emergency plan against accidents at work. The Committee notes the Government’s indication, in reply to the observations on the setting up of a dialogue roundtable, that it recommends that a response be sought from the ITSS and the National Occupational Safety and Health Institute (INSST) on this matter. Noting the increase in the number of occupational accidents, the Committee requests the Government to provide information on the measures taken to guarantee a safe and healthy working environment in consultation with the most representative employers’ and workers’ organizations. The Committee also requests the Government to supply information on the steps taken or planned to ensure the application in practice of the ratified Conventions on OSH and reduce the number of accidents in the workplace, including data on the number, type and cause of notified occupational accidents and occupational diseases. The Committee further requests the Government to provide information on the inspection activities undertaken by the ITSS, including the number of inspections and investigations carried out and the number of infringements detected, remedial measures implemented and penalties imposed.

Measures at national level

Article 2(3) of Convention No. 187. Measures that could be taken to ratify relevant occupational safety and health Conventions of the ILO. Further to its previous comments regarding consideration of the Occupational Health Services Convention, 1985 (No. 161), the Committee notes the Government’s indication that the Spanish preventive model is not aligned to Convention No. 161. The Committee also notes that the CEOE and CEPYME, in their joint observations, indicate that there do not appear to be any obstacles to considering that the Spanish preventive model is aligned to Convention No. 161 since it is a flexible model and allows employers to opt for an external prevention service. The Committee requests the Government to continue providing information on consideration given to measures that might be adopted to ratify the relevant ILO Conventions on OSH.

Articles 4 and 16 of Convention No. 155. Minimizing, so far as is reasonably practicable, the causes of hazards inherent in the working environment. Ensuring that workplaces are safe and without risk to workers’ health. Further to its previous comments, the Committee notes the information provided by the Government on this matter and refers to its comments below on Article 17 of the Asbestos Convention, 1986 (No. 162).

Article 4(2) of Convention No. 155 and Articles 3(3) and 5 of Convention No. 187. Promoting the development of a national preventative safety and health culture. Further to its previous comments, the Committee notes the Government’s indication that the EESST 2023–27 includes the pledge from the Government, through the Ministry of Labour and the Social Economy (Ministry of Labour) and the Ministry of Inclusion, Social Security and Migration, to guarantee a stable line of funding through any financial formula which enables the aforementioned actions to be implemented and the planned objectives to be achieved. In particular, the Government indicates that: (i) this line of funding, originating from the “occupational contingencies fund”, will be assigned a total budget of €50 million (20 million for the first plan of action for 2023–24 and 30 million for the second plan for 2025–27); and (ii) the new strategy has received an increase of €14 million by comparison with the previous one. In this regard, the Committee notes that the CCOO indicates in its observations that since 2019 no actions have been subsidized by the State Occupational Risk Prevention Fund and that it hopes that its activity is renewed, since this is the instrument for bringing prevention activities into enterprises, mainly micro, small and medium-sized enterprises (MSMEs). The Committee requests the Government to provide information on the activities of the State Occupational Risk Prevention Fund as part of the promotion of a national culture of prevention.

Article 9 of Convention No. 155 and Article 4(2)(c) of Convention No. 187. Adequate and appropriate system of inspection. Further to its previous comments, the Committee notes the following indications from the Government: (i) the number of occupational accidents investigated by the ITSS and service orders concluded in relation to occupational risk prevention have been increasing, from 8,968 accidents investigated and 99,241 service orders concluded in 2013 to 10,622 and 135,427, respectively, in 2022; (ii) the ITSS Strategic Plan 2021–23 includes intensifying monitoring of working conditions in sectors and enterprises where occupational accidents are more numerous and more serious and studying measures to reduce misclassification of accidents; (iii) in 2021 and 2022, the ITSS implemented a Plan Estival (summer plan) to intensify monitoring to prevent accidents involving heatstroke and, in 2023, it launched a specific campaign on exposure to adverse environmental conditions; (iv) in 2022, the Ministry of Labour launched an emergency plan against fatal accidents at work, with sectoral programmes coordinated by the ITSS and INSST; and (v) in the context of the EESST 2023–27, the ITSS will carry out activities to improve information systems and criteria to determine the severity of occupational accidents and regarding coordination between the ITSS, INSST and Autonomous Communities.

With regard to the observations of the social partners, the Committee notes the following: (i) the CCOO indicates that monitoring of labour inspection and the investigation of offences involving risks for workers should be strengthened, in particular with regard to the development of occupational diseases due to silicosis, asbestos or carcinogenic substances; (ii) the UGT asserts that: (a) the ITSS needs more material and staff resources; (b) in 2019, only 38.1 per cent of Spanish enterprises received visits from the ITSS with regard to occupational risk prevention; and (c) the emergency plan against fatal accidents at work implemented throughout 2022 has not been effective or efficient since the statistics showed an increase in occupational accidents that year; and (iii) the CEOE and CEPYME underline the importance of the role of the ITSS in consolidating a culture of prevention in MSMEs.

With regard to the Government’s reply to these observations, the Committee notes its indication that: (i) under the Framework Collaboration Protocol between the General Council of the Judiciary, the Ministry of the Interior, the Ministry of Labour and the Attorney General’s Office, the ITSS must forward to the Public Prosecutor's Office infringement and investigation reports relating to fatal occupational accidents and those resulting in serious or very serious injuries, including investigations into offences relating to hazards; and (ii) the ITSS Strategic Plan 2021–23 addresses the increase in human resources and the incorporation of new profiles. The Committee requests the Government to provide information on the measures taken or envisaged to strengthen the role of the ITSS to enforce laws and regulations relating to OSH, including information on the plans implemented and their respective results. The Committee also refers to its comments on the Labour Inspection Convention, 1947 (No. 81).

Article 11(c) and (e) of Convention No. 155. Notification of occupational accidents and diseases and publication of statistics. National policy. Overall reviews or in relation to specific sectors. Further to its previous comments, the Committee notes the Government’s indication that the 2022 annual report of the Observatory for Occupational Diseases and Illnesses Caused or Aggravated by Work contains data on occupational diseases disaggregated by causal agent and economic activity. The Committee notes that the UGT indicates in its observations that: (i) the codification of occupational accidents resulting from heatstroke should be improved; and (ii) the list of occupational diseases should be revised and updated to include pathologies caused by exposure to psychosocial occupational risks, which are not regarded as an occupational contingency, and also cancers of an occupational origin, for which registration and notification should also be improved, since reporting of this kind of occupational disease is negligible. The Committee notes that the Government, in reply to these observations, states that: (i) the EESST 2023–27 and in particular its plan of action for 2023–24, provide for evaluating and updating the list of occupational diseases on the basis of scientific evidence and the recommendations of the ILO, and also for improving the notification and registration of these diseases; and (ii) the INSST is aware of the small number of reported cases of occupational cancer, and this is why the new EESST proposes measures to improve prevention and reduce the incidence of such cases. The Committee requests the Government to provide more information on the measures taken or envisaged to ensure the effective registration of occupational accidents and diseases, including those resulting from heatstroke and occupational cancer, in the context of the EESST 2023-27.

Protection against specific risks

White Lead (Painting) Convention, 1921 (No. 13)

The Committee notes the information provided by the Government in reply to its previous request regarding Article 5(II)(c) of the Convention.

Application in practice. Self-employed workers. Further to its previous comments, the Committee notes the Government’s indication that annual inspection planning includes campaigns on specific risks and that even though there are no plans for a specific campaign on lead, actions of a transversal nature are being carried out. The Committee also notes that, according to the information provided by the Government and contained in the ITSS reports, the number of inspections related to lead was 17 in 2017 (establishing one offence incurring a fine of €10,000), rising to 47 in 2020 (five offences with fines of €32,242) and falling to 11 in 2022 (one offence with a fine of €9,831).

With regard to self-employed workers, the Committee notes that the CCOO indicates in its observations that the use of white lead is permitted in artistic restoration work, an activity often carried out by self-employed workers. In this regard, it indicates that: (i) self-employed workers are not protected by Act 31/1995 of 8 November 1995 on occupational risk prevention (LPRL); and (ii) they do not have any obligation to evaluate or plan prevention measures, and so it is difficult for them to have a training plan and to receive sufficient information on the use of white lead. The Committee notes the Government’s indication, in reply to these observations, that the lines of action of the EESST 2023–27 including improving protection for self-employed workers through: (i) analysis of the desirability of amending the LPRL and the Self-Employed Workers’ Statute with regard to key issues such as monitoring of health and identification and evaluation of occupational risks; (ii) study of occupational diseases suffered by self-employed workers; and (iii) promotion of training activities. The Committee requests the Government to provide more information on: (i) the measures taken or envisaged to ensure the application in practice of the provisions of the Convention to self-employed workers; and (ii) the inspection activities carried out by the ITSS in relation to lead.

Article 7 of the Convention. Statistics on lead poisoning among working painters. Further to its previous comments, the Committee notes that the CCOO indicates in its observations that there are still no disaggregated data on lead poisoning among working painters in the occupational disease notification system (CEPROSS) since it is impossible to know which diseases were caused by the performance of activities involving the presence of lead. The Committee requests the Government to provide information on the measures taken to have disaggregated data on lead poisoning among working painters, in accordance with Article 7 of the Convention.

Radiation Protection Convention, 1960 (No. 115)

Articles 1, 3(1) and 6(1) of the Convention. Maximum permissible doses of ionizing radiation. Revision of maximum permissible doses of ionizing radiation in the light of current knowledge. Consultation of social partners. The Committee notes the Government’s reference to the adoption of Royal Decree 1029/2022 of 20 December 2022 approving the “Regulations on the protection of health against risks arising from exposure to ionizing radiation” (Radiation Regulations) and also the repeal of Royal Decree 783/2001 of 6 July 2001 approving the “Regulations on the protection of health against ionizing radiation”. The Committee notes that the limits established in the new Radiation Regulations are in line with the exposure limits recommended by the international organizations. The Committee also notes that, under section 14 of the Regulations, in exceptional situations excluding those of accidental or emergency exposure, the Nuclear Safety Council (CSN) can authorize, for each specific case, individual occupational exposure in excess of these limits when exposure is limited in time, is confined to specific working areas and is within the maximum dose exposure limits defined by the CSN itself for the specific case. Even though this exception excludes pregnant women, trainees and students, it can include breastfeeding women in cases where there is no risk of incorporation of radionuclides or bodily contamination. The Committee recalls that, under current recommendations, the limits set by international recommendations should be respected and these may only be exceeded in exceptional circumstances such as emergency situations. The Committee requests the Government to indicate in which exceptional situations the Nuclear Safety Council (CSN) can authorize individual occupational exposure in excess of the limits established in section 11 of the Radiation Regulations and to provide information on the measures taken or envisaged to ensure that the limits established by international recommendations continue to be respected. The Committee also requests the Government to provide information on the updating in subsequent years of the maximum permissible doses of ionizing radiation established in the Regulations, in the light of current knowledge and in consultation with the social partners.

Articles 2 and 6(1). Activities which involve the exposure of workers to ionizing radiation in the course of their work. Emergency workers. Limits. The Committee notes that, under section 67(2)(b) of the Radiation Regulations, in the event of intervention in situations of nuclear or radiological emergency, the dose limits established in sections 10 to 15 shall not apply and it shall be for the CSN to establish reference levels taking account of radiological protection requirements and social criteria (section 67(3)). In this regard, section 69 stipulates that the levels fixed by the CSN shall be maintained wherever possible within the general dose limits set in section 11 and, in situations where this is not possible, the following conditions shall apply: (i) in general terms, reference levels shall be fixed below an effective dose of 100 mSv; (ii) in exceptional situations, for the purpose of saving lives, avoiding serious effects on health as a result of radiation, or preventing the development of catastrophic conditions, a reference level may be established for an effective external radiation dose for emergency intervention personnel above 100 mSv but not higher than 500 mSv; and (iii) pregnant or breastfeeding women who participate in activities responding to a nuclear or radiological emergency shall be considered, for the purposes of the radioactive dose and contamination which they may receive during their intervention, as members of the public in an non-emergency situation. The Committee recalls that, according to international recommendations, in emergency situations, reference levels should be selected to be within, or if possible below, the 20–100 mSv band. In exceptional situations, informed emergency workers may volunteer to receive a higher dose only: (a) for the purposes of saving life or preventing serious injury; (b) when undertaking actions to prevent severe deterministic effects and actions to prevent the development of catastrophic conditions that could significantly affect people and the environment; or (c) when undertaking actions to avert a large collective dose. Even in these exceptional circumstances, available measures for protection and safety and all reasonable efforts should be made to keep doses to such workers below the guidance values set out in the Basic Safety Standards 2014 (General Observation of 2015, paragraph 37). With reference to paragraphs 36 and 37 of its general observation of 2015, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that: (i) the reference levels selected for workers in emergency situations are within, or if possible below, the 20–100 mSv band; (ii) no worker who intervenes in an emergency situation is subjected to exposure exceeding 50 mSv; and (iii) only duly informed emergency workers may be exposed to a higher dose if volunteering to do so for the purposes of saving life or preventing serious injury, preventing conditions that could significantly affect people and the environment, or preventing collective exposure to a high dose of radiation.

Article 3(1). Measures taken in the light of current knowledge. Protection of pregnant or breastfeeding women. Further to its previous comments, the Committee notes the Government’s indication that the new Radiation Regulations contain improvements regarding protection for breastfeeding women, since section 12 provides that, in addition to being protected from the risk of radioactive contamination, they must not be assigned to work which entails a significant risk of incorporation of radionuclides. In this regard, the Committee observes that, although section 12 provides that protection of the foetus must be comparable to protection for members of the public at least from the time of communication of the pregnancy until its end, the maximum limit being 1 mSv, it does not establish any exposure limits for breastfeeding women. With reference to paragraph 12 of its general observation of 2015, the Committee requests the Government to provide information on the measures taken or envisaged to ensure, in law and in practice, that working conditions for breastfeeding women are adapted so that their breastfed infants enjoy the same level of protection as that required for members of the public (annual ionizing radiation dose limit of 1 mSv).

Articles 3(3), 4 and 5. Measures for the protection of workers against ionizing radiation. The Committee notes that the CCOO indicates in its observations that: (i) section 75(2) of the Radiation Regulations establishes the obligation for the work operator to reduce radon levels and exposure for workplace areas with airborne radon concentrations which, as an annual average, exceed the reference level of 300Bq/m3; and (ii) according to a study on radon exposure in the workplace published in 2017 (by the University of Santiago de Compostela, the Galicia Radon Laboratory and ISTAS-CCOO), 44.8 per cent of measurements taken in workplaces in municipalities with medium exposure exceeded the level of 300Bq/m3. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the reduction of airborne radon concentrations in workplaces, respecting the reference levels established in the Radiation Regulations.

Article 8. Maximum permissible doses of ionizing radiation for workers not directly engaged in radiation work. The Committee notes that section 15 of the Radiation Regulations establishes dose limits for members of the public, which are in line with the recommendations of the International Radiological Protection Commission, but makes no provision with regard to workers not directly engaged in radiation work. With reference to paragraph 35 of the general observation of 2015, the Committee requests the Government to indicate whether the dose limits established for members of the public in section 15 of the Radiation Regulations also apply to workers not directly engaged in radiation work and, if not, to specify the limits established for this category of workers.

Article 15. Appropriate inspection services and application in practice. Further to its previous comments, the Committee notes the Government’s indication that section 82(2) of the new Radiation Regulations provides for collaboration between the ITSS and CSN in monitoring the exposure of workers to radon gas. The Committee also observes that the National Plan against Radon was adopted on 9 January 2024.

With regard to the observations of the social partners, the Committee notes the following: (i) the UGT points out that competence for monitoring compliance with the obligations relating to radon exposure should have been assigned directly to the ITSS, without any need to adopt a collaboration agreement with the CSN; and (ii) the CEOE and CEPYME indicate that the EESST 2023–27 includes the implementation of actions to promote the prevention of exposure of workers to hazardous substances and agents such as radon. The Committee notes the Government’s indication, in reply to the observations of the UGT, that there is nothing in the Convention indicating that inspection functions should fall to the ITSS and that the collaboration between the ITSS and CSN with regard to work activities involving exposure to radon is consistent with the assignment of competencies provided for in the regulations of each organization. The Committee requests the Government to provide information on the measures taken or envisaged to enforce the application of the Convention in the context of collaboration between the ITSS and CSN and to indicate whether the collaboration agreement between these two organizations has already been adopted. In this regard, the Committee also requests the Government to provide information on the application in practice of the National Plan against Radon.

Guarding of Machinery Convention, 1963 (No. 119)

Article 2 of the Convention. Prohibition of the sale of machinery having dangerous parts without appropriate guards. Application in practice. The Committee notes the Government’s indication that inspection activities have been carried out in the context of enforcing safety and health obligations regarding the use of equipment by workers. The Committee also notes that the CCOO indicates in its observations that there are no data that refer explicitly to occupational accidents resulting from the use of machinery and that this information should be gathered. In particular, it indicates that, in view of the general statistics on occupational accidents, including accidents relating to the operation of machinery, it can be supposed that there is a high accident rate. The CCOO asserts that, although it welcomes the fact that the ITSS and INSST have carried out major campaigns, controls should be reinforced in certain sectors such as agriculture, including with regard to second-hand agricultural machinery. The Committee requests the Government to provide information on the application of the Convention in practice, including available data on occupational accidents resulting from the use of machinery, and also information on the application of the Convention in agriculture, including with regard to second-hand machinery.

Maximum Weight Convention, 1967 (No. 127)

Application in practice. The Committee notes the indication of the CCOO in its observations that, according to reports on occupational accident statistics, although the number of accidents with sick leave as a result of excessive physical effort fell sharply in 2020 because of work stoppages during the pandemic, the data show a progressive increase in the last few years, with a return of the upward trend of pre-pandemic years, from more than 144,000 accidents of this kind in 2020 to over 166,000 in 2022. The Committee notes the Government’s indication, in reply to these observations, that the EESST 2023–27 addresses this issue in its lines of action, including investigation by the ITSS of occupational accidents linked to musculoskeletal disorders and the implementation of inspection campaigns with a focus on sectors and activities where women predominate, giving particular attention to sectors and activities with greater risks of musculoskeletal disorders. The Committee requests the Government to provide detailed statistical data on occupational accidents and diseases which have occurred and on the measures adopted or envisaged in the context of the EESST 2023-27 with respect to the application of the Convention.

Article 8 of the Convention. Consultation of the most representative employers’ and workers’ organizations in order to take the necessary steps to give effect to the provisions of the Convention. Further to its previous comments, the Committee notes the Government’s indication that in 2011 the National Occupational Safety and Health Commission (CNSST) set up a working group to address the prevention of musculoskeletal disorders and that on 19 June 2023 the CNSST granted a new term of office to this group. The Committee requests the Government to provide information on the activities of the working group on musculoskeletal disorders in the context of the National Occupational Safety and Health Commission (CNSST) in relation to the application of the Convention.

Benzene Convention, 1971 (No. 136)

The Committee notes the information provided by the Government in reply to its previous request regarding Article 4 of the Convention.

Article 11(1) of the Convention. Prohibition of the employment of pregnant women and nursing mothers in work processes involving exposure to benzene.Legislation and application in practice. The Committee notes the assertion of the CCOO in its observations that there should be clarification of how protection is ensured for pregnant or nursing women with regard to: (i) exposure to chemical, carcinogenic or mutagenic substances in their jobs; and (ii) the handling of applications for the pregnancy-related risk allowance by the collaborative mutual social security associations. The Committee notes the Government’s indication, in reply to these observations, that the mechanism for the protection of pregnant or nursing women is covered in general terms by section 26 of the LPRL and sections 186 to 189 of Royal Legislative Decree 8/2015 of 30 October 2015 approving the consolidated text of the General Social Security Act. While noting this legislative framework, the Committee requests the Government to supply more information on the measures taken or envisaged to apply this legislation with a view to ensuring in practice that the employment of pregnant women and nursing mothers in work processes involving exposure to benzene is prohibited.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

The Committee notes the information provided by the Government in reply to its previous request concerning Articles 6(2), 11(3) and 16 of the Convention.

Article 2(2) of the Convention. Obligation of a Member State to indicate the position of its law and practice in respect of excluded categories of hazards and the extent to which it applies or proposes to apply the Convention to such categories. Further to its previous comments, the Committee notes that the Government once again refers to section 5(4) of Royal Decree 1311/2005 of 4 November 2005 concerning protection of the safety and health of workers against hazards related to exposure to mechanical vibrations, and indicates that in the maritime and aviation sectors the daily limits for exposure of the whole body to vibrations can only be exceeded in duly justified circumstances and observing the general principles of protection of the health and safety of workers. In particular, it points out that the use of this exception must: (i) be justified by the employer; (ii) have been the subject of prior consultations with the workers and/or their representatives; (iii) be recorded explicitly in the occupational hazard evaluation; and (iv) be communicated to the labour authority with the hazard evaluation in which the exception is justified. The Committee requests the Government to continue providing information on the position of its law and practice with regard to occupational hazards due to vibrations.

Article 2(3). Obligation of a Member State to notify the ILO Director-General, where applicable, that it accepts the obligations of the Convention in respect of a previously excluded category or categories. The Committee recalls that although the Government has indicated that it might begin to consider the possibility of accepting the obligations of the Convention regarding vibration, it has not provided any information in this regard. The Committee requests the Government to provide information on whether it plans to accept the obligation of the Convention relating to vibration.

Article 8(1) and (3). Criteria and exposure limits relating to noise. Regular revision. Further to its previous comments, the Committee notes the Government’s reference to Royal Decree 286/2006 of 10 March 2006 concerning the protection of the health and safety of workers against hazards related to exposure to noise, and the Government’s indication that: (i) authorized measurement teams record levels of ambient noise that exist in jobs without taking into consideration the attenuating effect of hearing protectors; and (ii) ambient levels are compared with lower and upper exposure values and if these levels are exceeded, there is an obligation to establish a programme of technical and organizational measures and to use individual hearing protectors which eliminate or minimize the hazard.

The Committee notes that the CCOO, as well as the CEOE and CEPYME all reiterate in their observations that section 5(2) of Royal Decree 286/2006 allows the real exposure of the worker to noise to be determined taking account of the attenuating effect of individual hearing protectors used by workers. In particular, the CCOO indicates that: (i) this presupposes in practice that the level of ambient noise to which workers are exposed in many jobs exceeds the limits established by Royal Decree 286/2006 itself; and (ii) in determining exposure, it is possible that no account is taken of wear and tear to individual protective equipment, lack of adequate preventive maintenance, or incorrect handling by the user. The Committee notes the Government’s indication, in reply to these observations, that the attenuating effect of individual hearing protectors is only taken into account at the time of determining whether the exposure of workers to noise exceeds the exposure limit; under no circumstances is it taken into account to determine whether lower or upper exposure limits are exceeded which give cause for action. The Committee requests the Government to provide information on the measures taken or envisaged to ensure in practice that the level of noise to which workers are exposed respects the limits established in Royal Decree 286/2006 and that these limits are revised regularly in the light of current national and international knowledge and data, taking into account as far as possible any increase in occupational hazards resulting from simultaneous exposure to several harmful factors in the workplace.

Asbestos Convention, 1986 (No. 162)

The Committee notes the information provided by the Government in reply to its previous request concerning Articles 20 and 21 of the Convention.

Application in practice. The Committee notes the Government’s indication that monitoring occupational hazards deriving from exposure to carcinogenic agents has been a priority in recent years and that, as regards the risk of exposure to asbestos, the corresponding monitoring has been undertaken of obligations relating to entry in the register of enterprises at risk of asbestos and the working procedures contained in asbestos work plans, also affecting aspects of training and surveillance of worker health. The Committee observes that, according to Ministry of Labour compendiums of statistics, the number of recorded cases of occupational diseases caused by asbestos was 17 in 2018, 69 in 2019, 21 in 2020, 25 in 2021 and 75 in 2022. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the application in practice of the provisions of the Convention, including information on the activities of the ITSS relating to the risk of exposure to asbestos, and also data on the number of occupational diseases notified in subsequent years.

Article 1(1) of the Convention. Scope of application. Self-employed workers. Further to its previous comments, the Committee notes the Government’s indication that although self-employed workers are not covered by the scope of application of the LPRL and its implementing regulations, section 8 of the Self-Employed Workers’ Statute (Act 20/2007 of 11 July 2007) shows that there are guarantees that enable self-employed workers to be protected against occupational risks arising from their work, including those related to exposure to asbestos fibres. The Committee also notes that both the UGT and the CCOO assert in their observations that the lack of application to self-employed workers of Royal Decree 396/2006 of 31 March 2006, establishing minimum safety and health provisions applicable to work involving the risk of exposure to asbestos, raises problems as regards their protection. In particular, the CCOO indicates that: (i) this situation was discussed in the CNSST “asbestos working group”, where a preliminary agreement was reached which proposed the extension of the level of protection provided for in Royal Decree 396/2006 to own-account workers; (ii) at its meeting of 24 November 2016, the General State Administration withdrew from the agreement, blocking the final approval of the proposal; and (iii) whereas this situation is still current, point 4.2 of the EESST 2023-27 provides for the revision of the legal framework applicable to self-employed workers with the aim of improving health protection in work involving the risk of exposure to asbestos fibres, taking account in this regard of the report produced by the CNSST “asbestos/self-employed workers sub-working group”. The Committee notes that the Government indicates, in reply to these observations, that non-application of the LPRL and its implementing regulations to self-employed workers is not absolute, and that it does not find that the exclusion of self-employed workers from these regulations constitutes non-compliance with Article 1 of the Convention. Recalling that the scope of application of the Convention also includes self-employed workers, the Committee requests the Government to provide more information on the measures taken or envisaged to ensure the application of the Convention in practice to self-employed workers exposed to asbestos in the course of their work, in the context of the activities of the CNSST working groups on asbestos and self-employed workers.

Articles 3, 4 and 21(4). Other measures to maintain workers’ income. Periodic review of the national legislation. Consultation with the most representative employers’ and workers’ organizations. Further to its previous comments, the Committee notes that the Government refers to the adoption of Act 21/2022 of 19 October 2022 establishing a compensation fund for the victims of asbestos, aimed at providing reparation for damage to health resulting from exposure to asbestos suffered by any person in their working, domestic or external environment in the country, and also for their successors. In this regard, the Committee notes the UGT’s indication in its observations that, although a draft exists of the Royal Decree which is to implement the Act establishing the compensation fund for asbestos victims, this has not yet been adopted, and so victims and their family members are still not receiving the compensation that they deserve. The Committee requests the Government to provide information on the measures taken or envisaged to ensure compensation in practice for the victims of asbestos in the context of Act 21/2022 and, if applicable, to notify the adoption of the Royal Decree implementing the aforementioned Act.

Article 15(2). Periodic review and updating of exposure limits. The Committee notes the indication of the CCOO in its observations that: (i) in the light of technological progress and advances in technical and scientific knowledge, the environmental limit value for daily exposure to asbestos established in section 4 of Royal Decree 396/2006 (0.1 fibres/cm3 taken as a time-weighted average for an eight-hour period) should be reduced to 0.001; and (ii) electron microscopy now exists with an asbestos fibre detection range enabling the new proposed limit to be applied. The Committee notes the Government’s indication, in reply to these observations that, before revising the domestic legislation, it would appear appropriate to wait for completion of the procedures to approve the proposed European Directive revising Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work. While noting the adoption of Directive (EU) 2023/2668 of the European Parliament and of the Council in November 2023 amending Directive 2009/148/EC, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that the exposure limits established in Royal Decree 396/2006 are periodically revised and updated in the light of technological progress and advances in technical and scientific knowledge.

Article 17. Removal of asbestos from plants or sites. The Committee notes the Government’s indication that: (i) Act 7/2022 of 8 April 2022 on contaminated waste and soil in relation to a circular economy establishes the obligation for governments to carry out a census of plants and sites containing asbestos, including a timetable scheduling its removal; and (ii) the INSST Technical Guide on exposure to asbestos, published in 2022, sets out the conditions for the safe handling of materials containing asbestos. In this regard, the Committee notes the CCOO’s indication in its observations that: (i) the deadline for carrying out the census for planning the removal of asbestos was 10 April 2023 but the vast majority of Spanish municipalities have not complied with this obligation; (ii) the census only covers buildings and plants belonging to public administrations and does not include private property; (iii) these censuses are necessary for ensuring that some categories of the labour force, including structure maintenance staff, construction workers and civil protection service workers, are not exposed accidentally to asbestos dust, and for planning the removal of asbestos from installations in the country in an effective and systematic manner; and (iv) although the objectives of the Strategic Health and Environment Plan 2022-26 include the formulation of plans of action for the safe and total removal of asbestos by 2028, there is a need for a Spanish strategy for the elimination of materials containing asbestos. The Committee notes the Government’s indication, in reply to these observations, that regardless of whether censuses should be carried out for planning the removal of asbestos, the protection of workers is ensured by the existing regulations. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the application of Article 17 of the Convention, including information on the carrying out of censuses for planning the removal of asbestos from plants and sites in both the public and private sectors, in the context of Act 7/2022.

Protection in specific branches of activity

Safety and Health in Mines Convention, 1995 (No. 176)

Articles 5(2)(d) and 16 of the Convention. Inspection and compilation of statistics. Application in practice. Further to its previous comments, the Committee notes the Government’s indication that: (i) the number and frequency of accidents in mining and quarrying have declined steadily in recent years because of improvements in preventive planning by enterprises in the sector, mainly small and medium-sized enterprises, and also because of the decrease in underground operations; (ii) it is not aware of any failure to report occupational accidents; and (iii) in view of the analysis of studies on accident rates drawn up annually by the Energy and Mining Policy Department at the Ministry for Ecological Transition and the Demographic Challenge, there is no difference in trends in accidents connected with contracts and those occurring in enterprises that own workplaces. Some 35 per cent of serious and fatal accidents relate to subcontracted workers, a similar percentage to the number of contracted workers in the whole sector. The Committee also notes the CCOO’s indication in its observations that: (i) although there is general compliance with the regulations, there has been an upswing in the accident rate as a result of deficient working conditions, the way prevention is managed in enterprises and insufficient resources for the ITSS; and (ii) according to Ministry of Labour statistics on occupational accidents, in 2022 the mining and quarrying sector had a high rate of fatal accidents, increasing by 6.8 per cent compared with the previous year, while the number of occupational accidents resulting in sick leave increased by 9 per cent. The Committee requests the Government to provide information on the measures taken or envisaged to ensure in practice the health and safety of workers in the mining sector, including data on notified occupational accidents and diseases.

Articles 5(2)(d), 9 and 11. Measures to eliminate or minimize the risks resulting from exposure to chemical hazards. Regular health surveillance of exposed workers. Compilation of statistics. The Committee notes that the CCOO indicates in its observations that in the mining sector there is exposure to numerous toxic and carcinogenic chemical agents which results in diseases not regarded as occupational and therefore not reflected in the statistics. In particular, the CCOO highlights exposure to respirable crystalline silica dust, which is responsible for silicosis, and diesel fumes, and indicates that: (i) the National Silicosis Institute, in collaboration with the Ministry for Ecological Transition and the Demographic Challenge, is carrying out a study on exposure to toxic substances in underground mining whose provisional results, published in June 2023, showed a high risk of exposure to diesel fumes; and (ii) there is a need to establish a register and coordinate a programme to control health monitoring for workers who are or have been exposed to such agents. The Committee notes the Government’s indication, in reply to these observations, that there is nothing to prevent the adoption of these measures but that the lack of such measures does not signify failure to comply with the Convention, since other mechanisms exist to ensure health monitoring further to occupational exposure, such as section 8(5) of Royal Decree 665/1997 of 12 May 1997 concerning the protection of workers from risks linked to exposure to carcinogenic agents at work.

The Committee also notes that the CEOE and CEPYME refer in their joint observations to the EESST 2023-27 and indicate that the latter provides for the setting up of a CNSST working group with the objective of improving the protection of workers from exposure to respirable crystalline silica dust. The Committee observes that, according to the INSST website, this group is already operational. The Committee requests the Government to provide information on the measures taken or envisaged in practice to eliminate or minimize the risks resulting from exposure to respirable crystalline silica dust and diesel fumes, and to undertake regular health surveillance of workers exposed to such agents, including in the context of the CNSST working group on respirable crystalline silica dust. The Committee also requests the Government to provide information on the notification of cases of occupational disease resulting from exposure to these agents.