Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Spain (Ratification: 1980)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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.

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

Referring to its observation, the Committee wishes to raise the following additional points.

Article 2(2) of the Convention. Duty of the member State to indicate the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. With reference to the exception established in section 5(4) of Royal Decree No. 1311/2005, of 4 November, concerning protection of safety and health of workers against hazards related to exposure to mechanical vibrations, according to which “the preceding paragraph shall not apply to the maritime and air navigation sectors with respect to whole-body vibrations …”, the Committee notes that the General Union of Workers (UGT) states that, in the maritime and air sectors, it has noted that effective action is not being taken, given that “recommendations” do not oblige compliance with standards. The Committee requests the Government to describe the position of its law and practice in respect of whole-body vibrations to which workers in maritime and air navigation are exposed and the extent to which effect has been given or is proposed to be given to the Convention in respect of the vibrations to which these workers are exposed.

Article 2(3). Duty of the member State to notify the Director-General of the International Labour Office, where applicable, that it accepts the obligations of the Convention in respect of a category or categories previously excluded. The Committee notes the Government’s statement that the exception contained in Royal Decree No. 1311/2005 of 4 November on protection of safety and health of workers against hazards relating to exposure to mechanical vibrations, expires in July 2014 and that it would be appropriate to wait until this time before considering the possibility of accepting the obligations of the Convention relating to vibrations. The Committee requests the Government to provide information on any developments made in this respect.

Article 8(1) and (3). Duty to take into consideration the opinion of technically competent persons designated by the most representative organizations of employers and workers in the formulation of criteria for determining the hazards of exposure to air pollution, noise and vibration. The Committee notes that according to the Trade Union Confederation of Workers’ Commissions (CC.OO.), while the protection standards against hazards arising from exposure to noise, established in Royal Decree No. 286/2006 of 10 March on protection of the safety and health of workers against hazards arising from exposure to noise, provide sufficient protection, the problem lies in the method used for the measuring of such noise. According to the trade union, the legislation in question allows noise to be measured on the premise that the worker is using hearing protection, which implies that in practice, in many industries, work is performed in conditions well above the permitted decibel level, since hearing protection dims the decibels heard by the human ear. The trade union adds that, in the opinion of many noise experts, noise not only results in hearing loss but also in other problems such as stress, sleep, digestion and other disorders. The Committee requests the Government to send its comments in this regard.

Article 11(3). Suitable alternative employment or other proposed measures to maintain the income of a worker who has been transferred. The Committee notes that according to the UGT, with respect to air pollution and noise, Article 11(3) of the Convention is not applied, given that usually, unless a collective agreement has been negotiated, workers are excluded from productive employment if they do not have all the physical attributes to perform the work. The Committee requests the Government to provide information on the measures adopted to ensure the transfer to alternative employment of workers who, for medical reasons, are obliged to interrupt a job which involves exposure to air pollution or noise, and to explain how it ensures that the income of such workers is maintained.

Article 16. Application of the Convention in practice. The Committee, in its previous observation, requested the Government to provide detailed information regarding the practical application of the Convention to workers in the aviation and maritime sectors. The Committee notes the Government’s indication that no substantial statistical data is available regarding exposure to noise of workers in the maritime sector, because the date of entry into force of the abovementioned Royal Decree No. 286/2006 of 10 March on protection of the safety and health of workers against hazards arising from exposure to noise, in relation to the sector in question, is very recent. In this regard, the Committee also notes that the aforementioned Royal Decree entered into force for the maritime sector in February 2011. Over two years have passed, therefore, between then and the date on which the Government’s report was received. Furthermore, with respect to workers in the aviation sector, the Committee observes that since the adoption of the Royal Decree on 10 March 2006, there have been no further exceptions to its application in that sector. The Committee notes that the Government’s report does not contain detailed information on the practical application of the Convention to workers in the aviation and maritime sectors. Therefore, the Committee is bound to repeat the request formulated in its previous observation.

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

The Committee notes the observations made by the Trade Union Confederation of Workers’ Commissions (CCOO) and by the General Union of Workers (UGT) received on 12 and 29 August 2014 respectively. The Committee notes the Government’s response to these observations, received 25 November 2014. It will examine these comments in due course.

Article 6(2) of the Convention. Duty to collaborate when several employers undertake activities simultaneously at one workplace. The Committee notes the statement of the UGT that the law is strict on the duty to coordinate employers who simultaneously perform activities in one workplace. Nonetheless, according to that trade union, in practice, when an enterprise detects a specific hazard during a preliminary evaluation of an activity to be performed which may imply a particular problem, the enterprise in question subcontracts another enterprise to perform the hazardous work, so as to transfer the responsibility to the subcontractor, and avoid assuming responsibility for possible damage and consequences to which the subcontractor’s workers might be subjected. In this respect, the Committee reminds the Government that Article 6(2) stipulates that, when several employers undertake activities simultaneously at one workplace, they have the duty to collaborate to apply the prescribed measures. The collaboration between employers in the area of occupational safety and health is, therefore, not optional but rather a duty. Consequently, the Committee requests the Government to adopt the necessary measures to give full effect to this Article in practice, including in cases of subcontracting, and to provide information on the monitoring activities carried out in this respect.

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

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

Further to its observation, the Committee requests the Government to provide additional information on the following points.

Legislation. The Committee notes the Government’s statement to the effect that during the reporting period the following legislation was adopted: Royal Decree No. 286/2006 of 10 March 2006 on protection of the safety and health of workers against hazards arising from exposure to noise; and Royal Decree No. 1311/2005 of 4 November 2005 on protection of the safety and health of workers against hazards arising from exposure to mechanical vibration, as amended by Royal Decree No. 330/2009 of 13 March 2009, on the same subject. In view of the fact that, at the time of ratification, Spain did not accept the obligations laid down by the Convention with regard to vibration, bearing in mind the major changes in occupational safety and health which have occurred in the country in recent years, and given the information supplied by the Government on legislation with respect to vibration, the Committee requests the Government to clarify whether it is contemplating the possibility of accepting the obligations of the Convention with regard to vibration.

Part IV of the report form and Article 14. Research in the field of prevention and limitation of hazards due to air pollution and noise. Application in practice. The Committee notes the list of research projects undertaken by the National Institute for Occupational Safety and Health in the field of prevention and limitation of hazards arising from air pollution and noise. It also notes the European “Stop that Noise” campaign, with the slogan “Noise at work – it can cost you more than your hearing”, and that last year there was a 30.70 per cent increase in noise-related inspections. This increase was connected with campaigns at all levels (trade unions, administrations of autonomous communities, etc.) which echoed the message of the abovementioned European campaign. The Government indicates that the number of casualties involving hearing loss or deafness as a result of noise (369) compared with the figure for physical agents (19,540) is not relevant and that most noise-related illnesses are minor. Indeed, in 2004, as much as 89.36 per cent of all noise-related illnesses were minor, and the corresponding figures for 2005 and 2006 were 98 and 100 per cent, respectively. The Government also indicates that the category of enterprises accounting for the largest proportion of occupational diseases resulting from hearing loss was the manufacturing industry, followed by the commercial and vehicle repair sectors. The Committee requests the Government to supply information in its next report on the practical application of the Convention and to include further information on the application in practice of the provisions relating to air pollution, particularly in the most affected sectors and in small and medium-sized enterprises (SMEs).

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

Article 1 of the Convention. Scope. Particular branches. In its previous comments, the Committee referred to aviation and maritime crews, who were excluded from the application of Royal Decree No. 1316/1989, and asked the Government to indicate which standards give effect to the Convention and, ultimately, guarantee the protection it affords to air and maritime transport workers. The Committee notes with satisfaction that the Government states that Royal Decree No. 286/2006 of 10 March 2006 on protection of the safety and health of workers against hazards arising from exposure to noise repealed Royal Decree No. 1316/1989 and that the exceptions provided for in section 1(2) of the repealed Decree relating to aviation and maritime crews were no longer present in the new text. Royal Decree No. 286/2006 also provides in its single transitional provision that the obligation laid down in section 8 – that on no account shall exposure of workers, determined in accordance with section 5.2 (comparison with exposure limits), apply to staff on board maritime vessels only – will apply as from 15 February 2011. The Committee requests the Government to supply detailed information on the practical application of the Convention to workers in the aviation and maritime sectors.

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

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information supplied by the Government in its report, including accompanying legislation and, in particular, the text of Act No. 54/2003 of 12 December 2003 reforming the Prevention of Work-related Hazards Act, which, according to the Government, regulates the obligations and responsibilities of the persons involved in the prevention of work-related hazards: the State and Autonomous Communities, social agency officials and other bodies concerned with the subject, including them in all the enterprise’s decision-making levels and bodies and promoting a culture of prevention. The Committee also notes the text of Royal Decree No. 171 of 30 January 2004 which relates to some sections of the Act on the Prevention of Work-related Hazards in regard to coordination of managerial activities.

2. Article 1, paragraph 1, of the Convention. Scope of the Convention -particular branches. In its previous comments, the Committee requested the Government to indicate the measures adopted or envisaged to guarantee the protection provided by this provision of the Convention to aviation and maritime crews who are excluded from the application of Royal Decree No. 1316/1989, by virtue of section 1. The Committee notes the Government’s reference in its latest report to certain instruments of international bodies including Directive 2003/10/EC which lays down that the provisions of the Directive apply to all activities in which workers are or can be exposed to noise-related hazards as a consequence of their work, and to the Government’s intention to amend Royal Decree No. 1316/1989 to take into account the new provisions of the Directive which must be transposed into domestic law by 26 February 2006. The Committee requests the Government to indicate specifically which standards give effect to the Convention and, ultimately, guarantee the protection it affords to air and maritime transport workers.

3. Article 8, paragraph 1. Limitation of exposure to air pollution. The Committee notes that Royal Decree No. 374/2001 of 6 April on the protection of workers’ health and safety against hazards related to chemical agents during their work contains a series of definitions including "air pollution", "hazardous chemical agent", "maximum environmental values" (maximum reference values for concentrations of the agents in the workers’ breathing environment), "daily exposure" and "short-term exposure". The Committee also notes that section 3, paragraph 1, of the Decree specifies the obligation of the enterprise to determine whether hazardous chemical agents are present at the workplace. The Committee notes the publication by the National Institute of Occupational Safety and Health at Work of the document on maximum limits of occupational exposure to chemical agents in Spain.

4. Article 14. Research in the field of prevention and control of hazards in the working environment due to air pollution and noise. In its previous comments, the Committee took note of the new functions of the National Institute of Occupational Safety and Health at Work and requested the Government to keep it informed of the research carried out by the Institute. Since the latest report contained no information on the matter in question, the Committee requests the Government once again to supply information on the research carried out by the Institute in regard to prevention and limitation of risks due to air pollution and noise.

5. Part IV of the report form. The Committee notes the information supplied regarding the inspection visits on noise and air pollutants and their results and requests the Government to continue providing such information in future reports. The Committee also refers to paragraphs 1 to 6 of its comments under Convention No. 155.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information provided by the Government in its report, and the legislative texts attached, with particular reference to the Act respecting the Prevention of Work-related Hazards, No. 31 of 8 November 1995 which, according to the Government, introduces into national legislation Directive No. 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work. With regard to the comments made by the Committee concerning the observations transmitted by the General Union of Workers (UGT), the Committee notes that Royal Decree No. 1316, of 13 November 1989, appears to cover officials in the public administration, as confirmed by section 3 of the Act respecting the Prevention of Work-related Hazards (Act No. 31 of 8 November 1995).

Article 1, paragraph 1, of the Convention. The Committee also notes with interest the responses to the observations made by the UGT and the Trade Union Confederation of Workers' Committees (CC.OO.), on which the Committee had commented previously. Furthermore, in its previous comments, the Committee requested the Government to indicate the measures which had been taken or were envisaged to guarantee the protection provided by this provision of the Convention to aviation and maritime crews, who are excluded from the scope of Royal Decree No. 1316/1989 under the terms of its first section. The Committee notes that section 3 of Act No. 31/95 respecting the prevention of work-related hazards, which concerns the scope of the Act, does not exclude aviation and maritime crews. Nevertheless, the Government replies that aviation and maritime crews are governed by the technical standards of the producers of aircraft and trucks, which come under the control of the Ministry of Industry. The Committee requests the Government to provide specific information on the standards which give effect to the Convention and thereby guarantee the protection afforded by it to workers in air and maritime transport and in trucks (in this latter case, in accordance with the Government's indication).

Article 8, paragraph 1. The Committee also notes the information provided by the Government concerning the possibility for workers to request that measurements be made of the levels of noise in the workplace when they consider that such levels are uncomfortable for them and disturb their work. This information was provided in reply to the observations made by the Trade Union Confederation of Workers' Committees (CC.OO.).

The Committee notes the adoption of the Order of 29 March 1996 amending Schedule I to Royal Decree No. 245 of 1989 respecting the determination and limitation of the admissible noise levels for specific working equipment and machinery.

Article 14. The Committee notes that section 8 of the Act respecting the prevention of work-related hazards, No. 31/95, contains provisions which give the Institute new functions, and particularly those set out in subsection 3, relating to the provisions of Royal Decree No. 577/1982. The Committee requests the Government to keep it informed of the measures adopted to restructure the Institute, as well as on the research work carried out by the Institute and its results.

Part IV of the report form. The Committee notes the information supplied in relation to inspection visits and their results and would be grateful if the Government would continue providing such information in future reports.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. With reference to Article 8, paragraph 1, of the Convention, the Committee notes the Government's comments in reply to the observations made by the General Union of Workers (UGT) concerning section 4(2) of Royal Decree No. 1316/1989. The Government states that the Royal Decree establishes obligations for the employer which are not merely dependent on the will of the employer. Compliance with these obligations is ensured by administrative supervision, combined with the activities of the National Occupational Safety and Health Institute, and of workers' representatives in the field of occupational safety and health.

The Committee once again draws the Government's attention to paragraph 7(1) of the ILO Code of practice on protection of workers against noise and vibration in the working environment, which provides that the level of noise and/or vibration in the working environment should be measured whenever: (a) the work undertaken or the workplace is likely to carry a risk of noise; (b) the monitoring of the workplace or of the workers' health, or inspection visits demonstrate that the risk might exist, or; (c) the workers feel that they are exposed to levels of noise and/or vibration which bother them or their work. The Government is requested to indicate the measures which have been taken to ensure that the decision to measure the levels of exposure to noise at the workplace are not only the responsibility of the employer, but can also be invoked for the reasons given above, and to indicate in particular whether workers can request that measurements be made of the noise levels in the working environment when they consider that such levels are bothersome to themselves or their work.

The Committee requests the Government to provide information on the number and nature of offences reported under the second additional provision of the Royal Decree. It also requests the Government to provide copies of extracts of the research published by the National Occupational Safety and Health Institute, if such research has been undertaken, concerning criteria relating to the effects of noise on the health of workers.

2. The Committee recalls that it raised a number of matters in its previous observation concerning the following points:

Article 1, paragraph 1. The Committee notes from the comments made by the UGT that Royal Decree No. 1316 of 27 October 1989 respecting the protection of workers against risks due to occupational exposure to noise does not apply to civil servants or self-employed workers. The Committee understands, however, that by virtue of section 1, the Decree applies to all workers irrespective of the type of contract, with the exception of aviation and maritime crews. Since, by virtue of Article 1, paragraph 1, the Convention applies to all branches of economic activity, the Government is requested to indicate whether civil servants are in practice covered by the above Decree and, if not, to indicate the measures that have been taken to ensure the protection of these workers against the effects of exposure to noise which are harmful to their health. The Government is also requested to indicate the measures which have been taken or are envisaged to provide the protection afforded by the Convention to aviation and maritime crews.

Article 8, paragraph 1. In its previous observations, the Committee noted the observations made by the Trade Union Federation of Workers' Commissions (CC.OO) to the effect that the protection of workers against hazards due to noise is not designed to protect workers against hazards other than those directly affecting their hearing. The Committee draws the Government's attention to Appendix 2 of the above Code of practice, in which it is indicated that the effects of noise on hearing can be of a physiological, mental or pathological nature and that these effects can affect hearing and other organs of perception, and that they can also be of a general nature. In its comments, the UGT also states that Decree No. 1316 of 1989 does not take into account the other effects which might result from exposure to noise. In its latest report, the Government states that Royal Decree No. 1316 was designed taking into account all the effects of exposure to noise and states that section 1 of the Decree refers to risks due to exposure to noise, and particularly its effects on hearing. The Committee also notes that section 2(1) of the Decree provides that the level of noise at the workplace should be lowered to the lowest level technically possible. It requests the Government to continue supplying information on any measure that is taken at the enterprise level, either at the initiative of the employer, or at the request of the labour inspectorate, to reduce levels of noise on the grounds of their harmful effects other than on hearing.

Article 14. In its previous comments, the Committee noted the information provided by the CC.OO that the budget for the National Occupational Safety and Health Institute had been reduced by one-third, and that the number of staff of the Institute had been reduced by one-quarter. It notes that, according to the indications provided by the Government in its latest report, this reduction has not been prejudicial to the effectiveness of the Institute in view of the fact that, on the contrary, other factors related to the management of resources made possible a considerable improvement in the effectiveness of preventive action without increasing staff numbers. The Government adds that the financial and technical resources have not in fact been reduced, but that they have been dispersed in the context of a process of decentralization. It also refers to a reform that would result in new responsibilities and a more appropriate organization of the Institute so that it can achieve its inspection objectives more effectively in the fields of the prevention and control of occupational risks. In this respect, the Government is requested to keep the Office informed of the measures adopted to restructure the Institute, as well as any other measure taken to improve the inspection system in the country.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest the information supplied in the Government's report in reply to its previous observation, in particular, as concerns Article 8, paragraph 3, and Article 9 of the Convention. It further notes the comments made by the General Union of Workers (UGT) transmitted with the Government's report. The Committee requests the Government to provide further information on the following points:

Article 1, paragraph 1. The Committee notes the comments made by the UGT that Royal Decree No. 1316/1989 of 27 October concerning the protection of workers from risks due to occupational exposure to noise does not apply to civil servants and independent workers. It understands, however, by virtue of section 1, that the Decree applies to all workers whatever the type of contract, with the exception of aviation and maritime crews. Since the provisions of this Convention are applicable to all branches of economic activity by virtue of Article 1, paragraph 1, the Government is requested to indicate whether civil servants are indeed covered by the Decree and, if not, to indicate the measures taken to ensure the protection of their health from the harmful effects of exposure to noise. The Government is also requested to indicate the measures taken or contemplated to ensure the protection afforded by the Convention to aviation and maritime crews.

Article 8, paragraph 1. 1. With reference to its previous comments, the Committee notes with interest the adoption of Royal Decree No. 1316/1989. It further notes the statement made by the UGT that section 4, paragraph 2 of the Decree permits employers who consider that the noise level at the workplace does not surpass 80dBA and 140dB to be exempted from the obligation to measure noise levels. The Committee understands that section 3 of the Decree requires periodic evaluations (at least every three years) of work posts where the daily level of exposure exceeds 80dBA and annual evaluations are to be undertaken where the level exceeds 85dBA. In this regard, workers have the right to be present while such evaluations are undertaken and to be informed of the results and the preventive measures taken. The employers who may be exempted from the obligation to measure exposure levels under section 4, paragraph 2, must consider that exposure levels are largely below 80dBA and 140dB.

The Committee would call the Government's attention to section 7.1 of the ILO Code of Practice on Protection of Workers against Noise and Vibration in the Working Environment which provides that the level of noise in the working environment should be measured whenever: (a) the work undertaken or the workplace is likely to carry a risk of noise; (b) the monitoring of the workplace, of the workers' health, or inspection visits demonstrate that the risk might exist or; (c) the workers feel that they are exposed to levels of noise which bother them or their work. The Government is requested to indicate the measures taken to ensure that the choice to measure the levels of noise exposure in the working environment rests not only with the employer, but may be invoked for the reasons given above, and to indicate, in particular, whether the workers may request that measurements be made of the noise levels in the working environment when they consider that such levels are bothersome to themselves or their work.

2. In its previous observation, the Committee noted a comment made by the Trade Union Federation of Workers' Commissions (CC.OO.) that the new legislation concerning the protection of workers against hazards due to noise did not protect workers from hazards other than those directly affecting the hearing. The Committee called the Government's attention to Appendix 2 of the above-mentioned ILO Code of Practice which referred to the physiological, mental and pathological effects of noise and the distinction between the effects on hearing and the effects on other organs of perception and the general effects. In its comment, the UGT has also stated that the Royal Decree No. 1316/1989 does not take into account other effects which might result from exposure to noise. In its latest report, the Government indicates that the provisions of Royal Decree No. 1316 were drafted taking into account all effects of noise exposure and states that section 1 of the Royal Decree refers to the risks resulting from noise exposure and, in particular, the effects on hearing. The Committee further notes that section 2, paragraph 1, of the Royal Decree provides that the level of noise in the workplace should be reduced to the lowest level technically possible. It requests the Government to continue to provide information on any measures taken at the level of the enterprise either on the employers' initiative or upon request by the labour inspectorate to reduce noise levels because of the harmful effects other than upon hearing.

Article 13. Further to its previous comments, the Committee notes with interest the information provided in the Government's report. It notes that the draft Act on the prevention of occupational risks based upon EEC Directive No. 89/391 referred to in its previous report is presently the subject of consultation with the social partners and is expected to be adopted shortly. The Government is requested to supply a copy of the text as soon as it is adopted.

Article 14. In its previous comments, the Committee noted the information provided by the Trade Union Federation of Workers' Commissions (CC.OO.) that the budget for the Occupational Safety and Health Institute had been reduced by one-third and the number of personnel of the Institute had been reduced by one-quarter. It notes the indication in the Government's latest report that this reduction has not affected the effectiveness of the Institute since, to the contrary, other factors concerning resource management have permitted a significant improvement in the effectiveness of preventive action without increasing the number of staff. The Government adds that technical and financial resources have not actually been reduced, but have rather been spread out as part of the decentralization process. The Government also refers to a reform which will consider new responsibilities and a more adequate organization of the Institute so that it may better achieve its objectives of inspection in the area of prevention and control of occupational risks. In this regard, the Government is requested to keep the Office informed of the measures taken to restructure the Institute, as well as any other measures adopted to improve the system of inspection in the country.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the information supplied in the Government's report and notes the comments made by the Trade Union Confederation of Workers' Commissions (CC.OO.), submitted in a communication dated 12 September 1989, as well as the Government's reply. The Committee requests the Government to provide further information on the following points:

Article 8, paragraph 1, of the Convention. The Committee notes the indication in the Government's report that regulations concerning the protection of workers against the hazards due to exposure to noise in the workplace have been drafted and are awaiting the opinion of the State Council. It notes with interest that these regulations have been drafted in consultation with the most representative employers' and workers' organisations concerned. The CC.OO., however, has indicated in its comments, that these regulations only protect workers from risks to their hearing and do not take into account other health hazards caused by exposure to noise. In this regard, the Committee would like to call attention to Appendix 2 of the ILO Code of Practice on Protection of Workers Against Noise and Vibration in the Working Environment. The first paragraph of Appendix 2 states: "The effects of noise may be physiological, mental and pathological; a distinction is made between the effects on hearing, the effects on other organs of perception and the general effects." The various health hazards due to noise are described in this appendix.

The CC.OO. has also indicated that the new regulations proposed by the Government raise the limit of exposure to noise from 80 dB, the limit set in present standards, to 85-90 dB. The Government indicates in its report that these new draft regulations on exposure to noise will bring national law into conformity with the EEC Directive No. 86/188 on the protection of workers from the risks related to exposure to noise at work. The Committee notes, however, that section 5 of EEC Directive No. 86/188 calls for noise levels at the workplace to be reduced to the lowest level reasonably practicable. Concerning potential health hazards due to noise levels of 85-90 dB, the Committee would again refer the Government to Appendix 2 of the ILO Code of Practice on Protection of Workers Against Noise and Vibration in the Working Environment.

The Committee requests the Government to indicate the criteria established for determining the hazards of exposure to noise and to indicate whether any exposure limits have been specified on the basis of these criteria.

Article 8, paragraph 3. The Committee notes the statement in the Government's report indicating that occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace are taken into account when establishing and revising the criteria for determining the hazards and the exposure limits based on these criteria. The Government is requested to indicate the manner in which simultaneous exposure is taken into consideration in the process for establishing and revising criteria for determining hazards and exposure limits and to indicate whether such consideration has had any effect on exposure limits set.

Article 9. In its previous comments, the Committee had noted the comments made by the General Union of Workers (UGT) concerning the absence of any provisions for technical or supplementary organisational measures to eliminate hazards due to air pollution or noise. The Committee notes with interest the information provided in the Government's report concerning the creation, by Resolution of 11 February 1985, of a tripartite commission charged with supervising the application of the asbestos regulations. It also notes with interest the Order of 7 January 1987 which requires every undertaking with activities or operations involving the use of asbestos to establish a workplan including organisational and technical measures taken to reduce the risks of exposure. The Committee requests the Government to supply further information on any other technical or organisational measures prescribed for work processes involving exposure to other air pollutants and exposure to noise.

Article 13. The Committee notes with interest the booklets elaborated by the Occupational Safety and Health Institute in co-operation with the most representative workers organisations containing information on various occupational hazards and the way of preventing risks due to these hazards. The Government is requested to indicate the manner in which workers are provided with or may obtain these booklets. Furthermore, the Committee notes the Government's indication that national legislation will be revised to include more detailed provisions concerning the provision of information to workers on the basis of the EEC Directive No. 89/391 on the introduction of measures to encourage improvements in the safety and health of workers at work. The Government is requested to indicate, in its next report, any progress made in this regard.

Article 14. The CC.OO. has indicated in its comments that the budget for the Occupational Safety and Health Institute has been reduced by one-third and the number of personnel of the Institute has been reduced by one-quarter. As such a reduction might affect the effectiveness of the Institute, the Committee requests the Government to indicate whether any new measures have been taken to promote research in the field of prevention and control of hazards in the working environment due to air pollution and noise (such as the establishment of new institutes or the transfer of resources to other bodies for this purpose).