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

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

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

Article 9 of the Convention. Adequate and appropriate system of inspection. Penalties. In its previous comments the Committee asked for information on the application of Instruction No. 104/2001 concerning the relations between the Labour and Social Security Inspectorate and the Attorney-General’s Office regarding criminal offences. It notes that on 19 September 2007 the Framework Protocol of Collaboration between the General Council of the Judiciary, the Ministry of the Interior, the then Ministry of Labour and Social Affairs (now the Ministry of Labour and Immigration) and the Attorney-General’s Office was signed, with a view to ensuring effective and rapid investigation into offences against the life, health and physical integrity of workers and the enforcement of convictions. The Government states that the purpose of the Protocol is to establish a general framework of collaboration between administrators involved in combating occupational accidents. The Committee requests the Government to continue to supply information on the application of the Protocol and its contribution towards ongoing improvements to the labour inspection system.

Article 11(c). Notification of occupational accidents and diseases. The Committee notes the detailed statistical information supplied by the Government on occupational accidents, including a detailed analysis thereof. However, the Committee notes the lack of similar information with respect to occupational diseases. The Committee requests the Government to continue to supply information on occupational accidents and to include more information in its report on measures for the compilation and publication of statistics on occupational diseases. In this context, the Government might consider the recommendation of June 2010 of the Conference Committee on the Application of Standards regarding the adoption of measures for the promotion, ratification and effective application of the Protocol of 2002 to this Convention. The Committee requests the Government to send its considerations on this regard.

Part V of the report form. Application in practice. The Committee notes the Government’s information to the effect that, during the 2006–08 period, the respective figures for minor accidents were 98.96, 98.98 and 99.04 per cent. Serious accidents accounted for 0.93 per cent of all accidents in 2007, the equivalent figure for 2008 was 0.86 per cent, while the percentage of fatal accidents remained virtually unchanged. As regards the rate of occupational accidents involving time lost from work per 100,000 workers, the Committee notes that the highest rate is in the construction industry, with slightly fewer than 12,500 lost time accidents in 2008, followed by the industrial sector, where the lost time accident figures were between 9,000 and 12,500. The statistical breakdown of these accidents is as follows: persons falling from heights (28.48 per cent); persons trapped by objects (15.21 per cent); and persons struck by objects (12.66 per cent). As regards the construction industry, the three types of accident are the same but with different percentages, and a noticeable variation in the figure for persons falling from heights, namely 42.58 per cent. The Committee also notes the information to the effect that in 2008 a total of 200 cases were shelved and 264 cases resulted in criminal proceedings, with 134 cases involving occupational accidents or diseases, 125 cases involving criminal proceedings for unlawful exposure to hazards and five cases involving unlawful exposure to hazards and manslaughter. The Committee further notes that: in 2008–09 the “Priority action plan for the reduction of occupations accidents (APA)” continued; a campaign against asbestos was conducted in 2006; a campaign concerning fishing boats (SEGUMAR) was conducted in 2007 and 2008; and campaigns relating to the handling of cargo went ahead in 2007 and 2008. The Committee notes the activities that were implemented and the trends that were identified in those campaigns. It also notes that the most frequent cases of non-compliance with regulations for the prevention of occupational hazards identified by labour inspectors are as follows: (1) inappropriate use of working environment; (2) lack of vocational training for workers; (3) inaccurate evaluation of hazards; (4) non-compliance in relation to workplans; (5) lack of demarcation and signposting of the work area; (6) regulations concerning the use of individual protective equipment; (7) lack of initial or periodic hygiene measures; and (8) deficiencies connected with the registration of data relating to exposure to asbestos. The Committee requests the Government to continue to supply information on the application of the Convention in practice and on the steps taken to deal with the abovementioned cases of non-compliance. Also noting that the Government places emphasis on campaigns in agriculture, including intensive agriculture (greenhouse crops), particularly in the Autonomous Community of Andalucía with a special focus on controls on the application of plant protection chemicals, the Committee requests the Government to supply information in this regard, including information relating to female workers and to migrant workers.