Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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

I. With reference to its observation, the Committee notes the comments made by the Staff Association of Local Police of Baix-Ebre of the Trade Union Confederation of Workers' Commissions transmitted in a communication of 1 March 1991 and the Government's reply to these comments dated 25 October 1991.

In their observation, the Staff Association of Local Police of Baix-Ebre (Tarragona) denounce the occupational safety and health conditions in the police station of Tortosa (Tarragona). In particular, the Staff Association cites the lack of sufficient lighting, lockers and fire extinguishers; incomplete first-aid kits, the lack of heating in the winter time and the presence of rats in the buildings and cells. The Committee notes with interest from the information provided by the Government that measures are being taken to disinfect, fumigate, and remove all rats from the areas in question and that these operations will take place every three months, and that measures are being taken to improve the showers and sanitary facilities. The Committee, however, notes that there are a number of points, particularly concerning the basic principles of consultation and cooperation, with respect to which the Government has provided no information. The Committee must, therefore, request the Government once again to provide further information concerning the following points:

1. In its previous comments, the Committee had noted the Government's indication that the Fuengirola and Marbella police stations had been inspected by the Health Service of the Directorate General for Police and that they were in the process of rectifying the irregularities. The Occupational Union of Uniformed Police (SPPU) had then indicated that, although it had asked for a copy of the report resulting from the inspection of the Fuengirola police station, the report had not been received.

2. The Staff Association of Local Police of Baix-Ebre (Tarragona), in its communication of 1 March 1991, indicates that they have not been kept adequately informed by the competent authority of Tarragona concerning the conclusions drawn from inspections and the suggested action to be taken. The Committee had recalled that Article 19(e) of the Convention provides that arrangements shall be made at the level of the undertaking to ensure that workers or their representatives are enabled to inquire into, and are consulted by employers on all aspects of occupational safety and health associated with their work. The Committee also recalled that Article 8 requires that the steps necessary to give full effect to the national policy on occupational safety, occupational health and the working environment, be taken in consultation with the representative organisations of employers and workers concerned. Moreover, Parts II, III and IV of the Convention indicate that a coherent national policy on occupational safety, occupational health and the working environment should be based upon consultation and cooperation at all levels, from the working group to the national level. The Government is requested to indicate the measures taken to ensure that, in giving effect to this Convention, there is consultation and cooperation at all levels. The Government is also requested to provide information concerning the practical functioning of the occupational health committees called for in Circular No. 53 issued by the General Directorate of Police of the Ministry of Interior.

II. The Committee notes with regret that no report has been received from the Government in reply to its previous comments concerning the application of the Convention. It, therefore, must once again request the Government to provide additional information on the following points:

1. Article 5(e). The Government had indicated in its report for 1989 that the Freedom of Association Act No. 10/1985, read with the Law on Infractions and Sanctions for Social Order No. 8/88, ensures that worker representatives are guaranteed certain rights of participation in the area of safety and health which employers cannot transgress. The Government is requested to indicate the measures taken to ensure the protection of workers, not only their representatives, from disciplinary measures as a result of actions properly taken by them in conformity with the national policy on occupational safety, occupational health and working environment.

2. Article 11(b). The Committee noted the Government's statement in its report for 1989 that health hazards due to the simultaneous exposure to several substances or agents was taken into consideration when determining their prohibition or limitation. The Committee requests the Government to indicate the manner in which such simultaneous exposure is taken into consideration and to indicate any situations in which the prohibition or limitation of the use of a substance or agent has been modified due to consideration being taken of simultaneous exposure to several substances.

3. Article 11(d). The Committee noted the promulgation of the Ministerial Order of 16 December 1987 which sets out the rules and procedures for the notification of accidents and diseases. It requests the Government to indicate the measures taken to ensure that inquiries are held into the cases of occupational accidents or occupational diseases which appear to reflect serious situations.

4. Article 12. In its introduction, the Royal Decree No. 1495/1986 concerning regulations for safe machinery refers to technical instructions (ITCs) to be issued in order to establish specific standards for each type of machine. The Committee requests the Government to provide copies of any ITCs issued in this regard.

5. Article 13 and Article 19(f). The Government had indicated in its report for 1989 that, by virtue of section 19(5) of the Workers' Charter (Act No. 10/90), workers' representatives can call for suspension of work when they believe there is a probability of the occurrence of a serious accident due to inobservance of relevant legislation. According to the Government, once the workers' representatives have made this determination, the employer cannot require the workers to return to the situation until the appropriate remedial action has been taken, or there has been a decision by the labour authority. The Committee would point out that both Article 13 and Article 19(f) refer to situations involving an individual worker who chooses to remove himself or herself from a work situation which he or she has a reasonable justification to believe presents an imminent and serious danger to his or her life or health. It requests the Government to indicate the measures taken to ensure that no worker shall suffer undue consequences for such action, in accordance with Article 13, and to indicate the arrangements made to ensure that an employer cannot require a worker to return to such a situation as long as there is continuing imminent and serious danger to life or health, as required by Article 19(f).