Benzene Convention, 1971 (No. 136) - Spain (Ratification: 1973)

Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

The Government supplied the following information:

It is appropriate in the first place to point out that the observations of the Committee of Experts essentially originated in the comments supplied by the Trade Union Confederation of Workers' Committees (CC.00) on 21 June 1989, in which it drew attention to problems resulting from the use of benzene in the leather and hide, chemical and shoe industries. These observations were transmitted to this administration by the general technical secretariat, in order to establish a report and to take the necessary measures. Such measures were as follows:

1. Information was requested from the general sub-administration for chemical and pharmaceutical industries of the Ministry of Industry, Commerce and Tourism concerning the benzene industry in Spain; the latter sent an information memorandum on 20 November 1989 in which it indicated that benzene is produced from petroleum products in three enterprises; ERCROS, CEPSA and REPSOL PETOLEO. In 1988 production was 284,278 tons and consumption was approximately 300,000 tons. The memorandum also indicated that the principal consumers were petrochemical industries producing secondary products such as styrol, ciclohexane, dodecilbenzene, phenol, etc. At this time practically all of the benzene that is consumed is used for the manufacture of these products. On the other hand, enterprises using it as a solvent (primarily paint and varnish) have replaced them with other products (toluene and xylene). It is considered that benzene is no longer used for this purpose, which is consistent with data of the Labour and Social Security Inspectorate. The evolution of the market for principal chemical products, according to the annual report of the Spanish chemical industry, indicates that production and consumption of benzene have been maintained during the most recent years for which statistics are available. In 1990 production was 280,025 tons and consumption was 297,030 tons.

2. In order to supervise the application of provisions contained in the relevant legislation (Convention No. 136 and the Resolution of 15 February 1957 of the General Labour Administration and of the General Administration for the Promotion of Industry and Technology), an order was drawn up (No. 105/89) by the General Labour Administration in order to develop specific action on the part of the Labour and Social Security Inspectorate at the national level, in enterprises or workplaces in which benzene or products which contain more than 1 per cent benzene are manufactured, used or handled. This specific action was carried out during the months of September and October 1989; enterprises were selected among those suspected of manufacturing, using or handling these chemical products, according to existing statistics, in provincial inspectorates, provincial technical offices for occupational safety and hygiene, and in provincial delegations from industry, conforming to the above-mentioned Resolution. This order was accompanied by a questionnaire of a kind used to carry out inspections, and a non-exhaustive list of the activities in which it was presumed that benzene was used. At the same time it was requested that data on inspections carried out during recent years concerning the activities that had been analysed, be sent to this general administration. As the criteria for selection was broad, it was not surprising that it extended to many enterprises having chemical, leather, hide and shoe activities, etc., which did not utilise benzene.

Among the most interested conclusions that can be drawn from the report, the following may be emphasised:

In respect of specific action, it is appropriate to point out that 1,561 workplaces were visited and that in only 20 was evidence found of the manufacture, use or handling of benzene. In some enterprises benzene was used in small quantities, in laboratories, in quality supervision or in cleaning operations. It is also appropriate to point out that, following this particular action, some enterprises decided to substitute other less dangerous chemical products for benzene.

The enterprises that produced benzene are large petroleum refineries. In these enterprises respect for standards is acceptable, even if there were some complaints.

In enterprises where it was considered that the legislation was not respected, note of the infractions was taken.

Other conclusions considered to be interesting that were contained in the report referred to are as follows:

In the first six months of 1989 another specific action was carried out at the national level in the tanned products sector. According to data available to the general administration, during the course of this inquiry, jobs involving the use of chemical substance together with the handling of animal products were analysed. For this purpose 244 workplaces, in which there were 895 jobs, were visited. In view of the fact that it had not been noted that benzene was used in these jobs, one may conclude that this product is uncommon in the tanning sector.

In reference to the use of benzene as a solvent for adhesives, glues or varnish used in the shoe manufacturing process, it is appropriate to note that this question was studied in the Province of Alicante by different organisations such as: the Labour Authority, the Labour Inspectorate, and the University (Faculty of Medicine). Presently, benzene is replaced by hexane, methyl, isobutylene, toluene, acetone, etc. In 1983 several jobs were found having above normal concentrations; subsequent to the analysis corresponding to glues and cements used in the industries of the Province, it was concluded that there was one case involving 3.6 per cent benzene, as an impurity of hexane, used as a solvent. In analyses carried out at other manufacturers of solvents, there only existed traces of benzene.

In following years analyses of organic vapours in jobs that involved work on glues were carried out: 312 in 1988, 400 in 1987, 248 in 1988, 693 until 31 July 1989. In these analyses the presence of benzene in concentrations above 1 per cent were not detected in glues and solvents.

During 1988 and 1989 specific operations were carried out in some provinces according to data supplied to this administration.

(a) at Albacete, 72 qualitative analyses of commercial products containing aromatic hydrocarbons or olfactives used as glues, solvents, adhesives, etc, in use in the leather, shoe, garment and other industries were carried out;

(b) at Cantabres, 400 qualitative analyses of products used in paints, varnishes, solvents, catalysers and others were carried out;

(c) at Toledo, the National Institute for Occupational Safety and Hygiene recently analysed products used in 82 workplaces in the woodworking sector and in 38 workplaces in the shoe sector.

With the exception of Cantabres, the presence of benzene in quantities not higher than the authorised standard was detected in five analysed products; in others no use of benzene was detected.

One must conclude that there is neither limitation nor failure to apply ILO Convention No. 136 on the protection of workers against the risks of benzene intoxication.

3. On the other hand, it is appropriate to point out that occupational illnesses caused by benzene and its derivatives are among those which occur least often among all stated occupational illnesses (according to statistics for occupational illnesses that were detected from 1988 to 1990 - 1990 Year Book of Labour Statistics, ATE 29; only one in 1988; toluene and xylene are included in the group comprised of benzene and its derivatives).

4. In addition, the use of benzene has been the subject of studies by other bodies within the Ministry of Labour and Social Security, which indicates that continued attention is being given to this problem. The National Institute for Occupational Safety and Hygiene programmed a specific project concerning benzene during 1990 (Project 524); the object of the project was to count the enterprises and processes using benzene, to determine levels of exposure and those persons exposed.

5. Finally, it may be noted that within the framework of planning the objectives of the Labour and Social Security Inspectorate for 1992 in the area of occupational safety and hygiene, the following subsectors were selected for general action: manufacture of basic chemical products and chemical products for industry, among which are included workplaces manufacturing or making use of benzene for synthetic chemical products. Some provinces such as Balereas, Alicante and Cadiz selected shoe and hide activities as additional specific activities. Apart from this it is provided that in 1991 unplanned activities will be carried out (such as investigations of occupational injuries and diseases, complaints about unhealthy jobs, etc.). All of this allows one to say that during 1992 it is foreseen that the involvement of the Labour and Social Security Inspectorate in activities relating to the use of benzene shall continue.

In addition a Government representative referred to the written information supplied by his Government. He noted that the Committee of Experts had examined a series of comments on the application of the Convention presented by the Trade Union Confederation of Workers' Commissions (CC.00) and stated that this organisation had been able to bring its complaint to the Labour Inspectorate because, in Spain, Conventions formed part of the national legislation and were directly applicable when they were sufficiently apt for concrete measures, as was the case here. This made possible both the corresponding administrative and judicial supervision without the need for any international forum. Finally, he pointed out that in the written information supplied by his Government contained a technical report on the points raised by the CC.00, from which an assessment could be made of the action and measures taken by the Labour Inspectorate in the centres and sectors using benzene.

The Workers' members stated that it was not for the present Committee to examine the information which had been provided orally and in writing. However, since this was a technical Convention - and this Committee did not often have the opportunity to discuss such Conventions - which concerned the life and health of workers, note had to be taken of the information appearing in the comments of the CC.00, mentioned in the Committee of Experts' report. According to these comments, 150,000 workers were involved, especially those working in black market undertakings, pregnant and nursing women. According to the information supplied by the Government in 1991 as well as that contained in the written information supplied by the Government this year, a specific action programme was under way with a view to applying the Convention. However, the Government had not replied to a series of earlier observations of the Committee of Experts which concerned, amongst others, the measures taken or envisaged by the Labour Inspectorate concerning the use of benzene in the black market undertakings. Despite the fact that it was clear that the Government had taken some initiatives, the Workers' members were of the opinion that important questions remained unanswered, in particular that of the relative importance, over all the undertakings in question, of the figures provided by the Government in its written communications and that of the measures taken to ensure protection of workers, in particular those working in black market enterprises, pregnant women and nursing mothers. They requested the Government to send a more complete report so that the Committee of Experts would be able to examine the application of the Convention in practice.

The Employers' members indicated that this issue concerned the follow-up of the debate on labour inspection, in a very technical field, that of finding out how widely benzene was used and what were the measures of control taken to protect workers and to reduce the dangers and risks. The Government representative had made mention of the various measures taken with the view to fulfilling the obligations arising under the Convention. These included the visits carried out by the Labour Inspectorate, studies undertaken to determine which workplaces still used benzene and on the type and number of cases of sickness which existed. In this respect, the Employers' members stressed that it was important to know whether the use of benzene was the real cause of the identified sicknesses. They also noted that the number of workers exposed to benzene had diminished, and they hoped that this tendency would continue. However, the main question was how many undertakings, including black market enterprises, still used benzene. They were of the opinion that this was a typical question of "grey figures" since it was difficult to obtain precise figures and to evaluate them correctly. They accordingly requested the Government to supply more complete written information on this problem, together with figures and statistics, so that the Committee of Experts would be able to evaluate in detail the technical points relating to the application of the Convention.

The Workers' member of Spain stated that he was in total agreement with the Workers' members. He indicated that the use and handling of benzene normally occurred in black market enterprises where labour inspection could not take place because the existence of such enterprises was not known. For these reasons it was necessary to adopt more general measures to be able to know the extent of the problems in order to resolve them efficiently.

The Government representative welcomed all the interventions, and took particular note of the remarks made concerning the importance of the supervision of the use of benzene in black market enterprises.

The Committee noted the information supplied by the Government representative. It understood that the Government would soon send to the ILO the written report which it had prepared on the matters raised by the Committee of Experts for it to fully assess the situation.

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)

With reference to its observation, the Committee to raise the following points.

Article 4(2) of the Convention. Obligation to prohibit the use of benzene and of products containing benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work. Indication of types of work in which it is still permitted to use benzene and products containing benzene as a solvent or diluent. In its previous comments, the Committee requested the Government to indicate the work in which it is still permitted to use benzene and products containing benzene as a solvent or diluent. The Committee notes the Government’s indication that the types of work in which it is permitted to use benzene and products containing benzene as a solvent or diluent are all of the activities that are not included in schedule XVII to the Regulation on the registration, evaluation, authorization and restriction of chemicals (REACH). The Committee requests the Government to provide a list of the types of work in which it is still permitted to use benzene or products containing benzene as a diluent in Spain, except where the process is carried out in an enclosed system or where there are other equally safe methods of work, with an indication of the workers engaged in the work specified on this list, and whether it is planned to prohibit such work in accordance with the Convention.

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 22 August and 29 August 2014, respectively. The observations of the CCOO were also included in the Government’s report, received on 10 September 2014.

Article 4 of the Convention. Prohibition on the use of benzene and of products containing benzene as a solvent or diluent. Transport workers and those working in loading and unloading. The Committee notes the indication of the CCOO that, under Royal Decree No. 665/97, the first preventive principle relating to carcinogenic substances is to seek an alternative to their use and, although the National Occupational Safety and Health Institute (INSHT) has developed technical notes on prevention, such as Note No. 712 which sets out criteria for replacing substances and products, their application is voluntary. It adds that the limits established for carcinogenic substances should not be considered satisfactory, as there is still a risk even within the established limits. For its part, the UGT indicates that benzene is classed as a category 1A carcinogen and a category 1B mutagen under Royal Decree No. 1272/2008. Although its use in Spain is limited, there are still occupations in which workers are in contact with this highly dangerous chemical. The UGT refers in particular to petrol station workers and fuel transport drivers, who are exposed to risks during refuelling operations. It emphasizes that these workers should be protected and that it would be advisable to establish compulsory protection measures. With regard to the questions raised in its previous comments, the Committee notes the Government’s indication that the fourth additional provision of Royal Decree No. 87/2014 of 14 February, regulating operations for the transport of dangerous goods by road in Spain, refers to the relevant occupational safety and health (OSH) standards in force, namely Act No. 31/1995 on the prevention of occupational risks and the corresponding regulations, and particularly Royal Decree No. 374/2001 on the protection of OSH against risks relating to chemical agents during work, which applies to workers who are potentially at risk of exposure to toxic and flammable products such as benzene. It also indicates that section 1(2) of Decree No. 665/1997 of 12 May sets out the minimum requirements applicable in activities in which workers are or may be exposed to carcinogenic substances, including transport workers, and particularly those engaged in loading and unloading. The Committee requests the Government to indicate the occupations in which workers are in contact with benzene and the mandatory protective standards that give effect to the Convention for these categories, including transport workers and workers engaged in loading and unloading.

Article 11(1). Prohibition on employing pregnant women and nursing mothers in work that involves exposure to benzene. Legislation and application in practice. With reference to its previous comments, the Committee duly notes the information provided by the Government indicating that benzene and products containing benzene are included in Annexes VII and VIII of Royal Decree No. 39/1997, to promote the improvement of OSH for pregnant workers. The Committee also notes the UGT’s indications that if there is no alternative position available, benefits are provided by the social security mutual funds for occupational accidents and diseases. However, it emphasizes that the mutual funds should not delay in granting the benefits, as benzene has harmful effects on both the mother and the foetus during the first three months of pregnancy. The mutual funds should also provide information on these benefits, as there is a significant lack of information available and many workers choose to request leave on grounds of common illness, which results in a reduction of their earnings. Finally, the UGT refers to prevention services and emphasizes the importance of chemical and biological hazard assessment and the design of preventive measures by sufficiently qualified staff. The Committee requests the Government to provide information on how it ensures that application of this Article of the Convention in practice.

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

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

Article 4(2) of the Convention. Obligation to prohibit the use of benzene and of products containing benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work. The Committee notes the information supplied by the Government in its report indicating, inter alia, the reasons for the date of entry into force of Order PRE/2743/2006, amending Annex I to Royal Decree No. 1406/1989, imposing restrictions on the marketing and use of certain hazardous substances and preparations such as toluene and trichlorobenzene, and Order PRE/2744/2006, which proposes the corresponding measures for aromatic hydrocarbons in extender oils and tyre production. The Committee notes that both are currently in force. Since it is the Committee’s understanding that in certain cases the prohibitions on these substances exclude transport, it requests the Government to indicate, if applicable, what protection measures exist for transport workers and in general those working in loading and unloading, as well as any other workers, who might be exposed to these substances. The Committee also requests the Government to provide information on work which it is still permitted to use benzene or products containing benzene as a solvent or diluent in processes which are not carried out in an enclosed system or where there are other equally safe methods of work.

Article 6(2). Setting of limits for exposure to benzene. Having noted in its previous comments that the limit for occupational exposure to benzene is 3.25 mg, the Committee requests the Government to indicate the manner in which observance of this limit is ensured in practice.

Article 11(1). Prohibition on employing pregnant women and nursing mothers in work that involves exposure to benzene. The Committee notes that Royal Decree No. 298/2009 of 6 March 2009 amends Royal Decree No. 39/1997 through the addition of Annexes VII and VIII promoting improvements in occupational safety and health for pregnant women. Annex VII contains a non-exhaustive list of agents, procedures and working conditions which can have an adverse effect on the health of pregnant women or nursing mothers and on the foetus or the child. Such agents, procedures and working conditions must be taken into account in the evaluation of hazards. Under the new paragraph added to section 4.1(b) of Royal Decree No. 97/1997, pregnant women or nursing mothers may not perform work involving exposure to the agents or working conditions included in the non-exhaustive list in section A of new Annex VIII. The Committee requests the Government to provide information on whether benzene or products containing benzene are included in the aforementioned Annexes VII and VIII and to supply information on their application in practice.

Moreover, the Committee notes with interest that Organic Act No. 3/2007 on effective gender equality, section 5 (workplace hazard prevention policy objectives) of supplementary provision No. 12 amending the Occupational Hazard Prevention Act (LPRL), adds a new paragraph 4, which provides for the introduction of gender-related variables in data collection and processing systems and in general research in this field, with the aim of detecting and preventing possible situations where work-related damage to health may appear to be connected with the sex of the workers. The Committee requests the Government to supply detailed information in this respect, including publications, studies and any general  information on  progress achieved through the inclusion of such variables.

Furthermore, the Committee notes that the abovementioned Act on equality also amends section 26(2) and (4) LPRL, stating, inter alia, that where workplace conditions cannot be adapted or may have a negative impact on the health of pregnant women, the latter must be assigned to different work which is compatible with their condition. The employer must determine, through prior consultation with the workers’ representatives, the jobs which are free of risks for this purpose. The Committee requests the Government to provide information on the application of these provisions regarding OSH in general and the substances covered by the Convention in particular.

Part IV of the report form. Application in practice. The Committee notes the reference made by the Government to specific inspection activities regarding benzene, based on previous regulations. It also notes the recent information and in particular the statistical charts on occupational diseases supplied by the Government. The Committee requests the Government to continue to supply information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report and the attached legislation.

2. Article 4, paragraph 2, of the Convention. Obligation to prohibit the use of benzene and products containing benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work. The Committee understands that on 5 September 2006 an Order was adopted, No. Pre/2743/2006, to amend Annex I to Royal Decree No. 1406/1989 setting restrictions on the marketing and use of certain hazardous substances and preparations including trichlorobenzene, which may not be marketed or used as a substance or component of preparations in concentrations equal to or greater than 0.1 per cent by mass, except for use: as an intermediate of synthesis, or as a process solvent in closed chemical applications for chlorination reactions, or in the manufacture of 1,3,5-trinitro-2,4,6-triaminobenzene. The Committee understands that these restrictions will not apply until 15 June 2007. It also understands that with the adoption on 5 September 2006 of Order Pre/2744/2006 Annex I to Royal Decree was amended No. 1406/1989 to impose restrictions on the marketing and use of certain hazardous substances and preparations (polycyclic aromatic hydrocarbons in extender oils and tyres). Noting that tyres are produced by using extender oils that may contain polycyclic aromatic hydrocarbons (PAHs) which can be incorporated into the tyres, and as a result, PAHs can be emitted into the environment. PAHs, which include benzo(a)pyrene, have been classified as carcinogenic, mutagenic and toxic to reproduction. The Committee notes that in order to provide a high level of protection to human health and the environment, extender oils may not be marketed or used in the manufacture of tyres if they contain more than 1 mg/kg BaP, or more than 10mg/kg of the sum of all listed PAHs (Benzo(a)pyrene, Benzo(e)pyrene, Benzoanthracine, Benzofluoranthene and Dibenzoanthrene). The Committee notes that the restrictions will not apply until 1 January 2010. It also notes from the information provided by the Government that enterprises using benzene as a solvent (glues, adhesives, paints, varnishes, etc.) have been replacing it with other, less dangerous products, and that article 59 of the collective agreement of the Leather Goods Group of Madrid, Castilla-La Mancha, La Rioja, Cantabria, Burgos, Soria, Segovia, Avila, Valladolid and Palencia bans the use in any enterprise or activity of adhesives with benzoe or benzene, because it is considered toxic. In view of the foregoing and the hazardous nature of these substances and preparations, the Committee requests the Government to explain in its next report why it has postponed application of Order Pre/2743/2006 until 15 June 2007 and of Order Pre/2744/2006 until 1 January 2010. It also asks the Government to state whether it plans to ban the use, marketing and manufacture of other benzene derivatives in the near future. Lastly, with reference to its previous comments, the Committee requests the Government once again to provide a copy of the report issued on the outcome of the labour inspectorate’s action plan, carried out several years ago, for the supervision of the relevant legislation on benzene, and to state whether any similar action plans have been carried out recently.

3. Article 6, paragraph 2. Establishment of ceilings for occupational exposure to benzene. The Committee notes with interest the adoption of Royal Decree No. 349/2003 of 21 March 2003, section 9 of which sets the maximum limit for occupational exposure to benzene at 3.25 mg. The Committee requests the Government to continue to provide information on future legislative measures to reduce even further the maximum limit for concentration of benzene in the air.

4. Article 11, paragraph 1. Prohibition on employing pregnant women and nursing mothers in work that involves exposure to benzene. With reference to its previous comments, the Committee notes from the information sent by the Government that it conducted a number of campaigns in the provinces in connection with the problem of benzene being used in black market enterprises where pregnant women or nursing mothers work, but that no instances of this were noted. The Committee also notes with interest that the labour inspectorate has produced and edited a number of publications dealing with safety and health for pregnant women, aimed at making social workers and the inspectors themselves more aware of the problems that exist in this area. It refers in particular to the preparation and distribution of a good practices guide to improve safety and health for reproduction and maternity reasons, which deals at length with physical and chemical risks (including the use of benzene and its derivatives) at work. The Committee requests the Government to continue to provide information on progress made in applying the relevant legislation in all enterprises where pregnant women or nursing mothers work and in which benzene or benzene products are used. It also requests the Government to provide copies of the publications referred to in the report.

5. Part IV of the report form. Application of the Convention in practice. The Committee notes the statistical data in the Government’s report pertaining to inspections carried out in the period from 1997 to 2003 that concerned benzene. It notes with interest the decrease in the number of infringements reported and the number of workers affected in 2003 as compared with previous years. The Committee requests the Government to continue to provide statistical data showing how effect is given to the Convention in practice.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Further to its observation and with regard to Article 6, paragraph 2, of the Convention, the Committee notes the adoption of Royal Decree 1124/2000 on the protection of workers against hazards related to exposure to carcinogenic agents at work, which modifies Royal Decree 665/1997 on the same subject. It notes with interest section 5 stating that workers’ exposure will not exceed the carcinogenic agent limit value established in Annex III of this Decree. For benzene the exposure limit is 3.25 mg/m³ calculated during a reference period of eight hours which reflects the exposure limit value established in the Council Directive 97/42/CEE on the protection of workers from risks related to exposure to carcinogenic agents at work. The Committee requests the Government to continue to supply information on any future legislative measures to lower further the maximum limit for the concentration of benzene in the air.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s last report and the information provided in response to its comments. It draws the Government’s attention to the following points.

1. Article 4, paragraph 2, of the Convention. The Committee notes the adoption of Royal Decree 374/2001 on the protection of workers’ health and safety against risks related to chemical agents at work. It notes with interest section 8 in conjunction with Annex III of this Decree prohibiting the production, fabrication and use of benzidine, a derivate of benzene, which is used as a solvent for dyers in many industries such as the shoe leather industry. The Committee further notes paragraph 2 of section 8 enumerating the possible derogations from this general prohibition. For the cases of derogation, paragraph 3(b) stipulates that benzidine is always to be processed in an enclosed system. With regard to the work with benzene and with products containing benzene other than benzidine, the Committee notes again section 5 of resolution No. 6248 of 15 February 1977 on work with benzene and with products containing benzene prescribing that the work with benzene and with products containing benzene is to be carried out in an enclosed system whenever possible and, in the absence of an enclosed system, other safety measures must be assured. Pursuant to section 2, paragraph 2, of the resolution, it is strictly prohibited to carry out any work with products containing benzene outside of those workplaces where the implementation of the instructions contained in this resolution can be adequately and permanently monitored. In this context, the Committee refers to the Government’s indications provided to the Conference Committee in 1992 according to which the petroleum refinery industry apparently represents the main domain where benzene was produced. In view of this fact, the Committee requests the Government to indicate whether it is envisaged to prohibit the use, fabrication and production of other forms of benzene like the Royal Decree prescribes for benzidine. In addition, it asks the Government to supply information on the domains where benzene is still used in whatever form in order to enable the Committee to appreciate the extent to which problems would occur as a result of using benzene. The Committee further requests the Government to communicate a copy of the report issued on the outcome of the labour inspectorate’s action plan, devoted to the supervision of the relevant legislation related to benzene, which has already been carried out already several years ago.

2. Article 11, paragraph 2. With regard to the special protection requirements for pregnant women and nursing mothers, the Committee notes that the Government again refers to section 26 of the Law on the Prevention of Occupational Risks 31/1995 obliging the employer to carry out a risk assessment and, depending on the result of this risk assessment, to adopt the necessary measures to protect effectively the safety and health of e.g. pregnant women and nursing mothers against the specific risks detected. The Committee refers to its previous comments where it had noted that both the Government and the CC.OO. had made reference to black market enterprises involving the use of benzene in work processes in which certain provisions of the Convention were not adequately complied with, such as, in particular, the employment of pregnant women and nursing mothers in such work processes, contrary to Article 11, paragraph 1, of the Convention. Hence, it appears that the problem is not a legal one, but related to the supervision of the practical application of the relevant legislation. In the absence of any indications contained in the Government’s report in this respect, the Committee therefore requests the Government to indicate the action taken or envisaged in particular at inspection level in order to ensure the application of the relevant legislation in all enterprises using benzene or products containing benzene.

3. Part IV of the report form. The Committee notes the statistical data supplied with the Government’s report on the inspection activities carried out by the Labour Inspection and Social Security Inspectorate in relation to benzene. The Committee invites the Government to continue to provide statistical data reflecting the manner in which effect is given in practice to the Convention in the country.

4. The Committee is addressing a request directly to the Government concerning another point.

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

The Committee refers to its observation under the Convention. In its previous comments, the Committee had noted the information provided by the CC.OO. concerning a number of workers in industries involving exposure to benzene who had acquired serious occupational diseases. The Committee had noted that, while Article 6, paragraph 2, of the Convention sets a maximum limit for the concentration of benzene in the air of 25 parts per million, Paragraph 7(3) of the Benzene Recommendation No. 144 provides that the maximum concentration of benzene in the air should be lowered as soon as possible if medical evidence shows this to be desirable. In this regard, the Committee notes the information provided by the Government concerning the consideration given by the competent authorities, when investigating workplaces, to the additional effects created by simultaneous exposure to several harmful substances. The Committee further notes with interest the information provided by the Government concerning a proposal to amend the threshhold limit value of benzene to 0.3 A1 mg/m3, as well as the amendment to be made concerning the limit value for nitrobenzene in conformity with the EEC Directive of 29 May 1991 (91/322/EEC) on establishing indicative limit values by implementing Council Directive 80/1107/EEC on the protection of workers from risks related to exposure to chemical, physical and biological agents at work. The Committee further notes the Government's indication that the European Community is presently studying the possibility of establishing new limit values for benzene to be lower than 25 parts per million. The Committee requests the Government to continue supplying information on any progress made in this regard.

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

The Committee takes note of the detailed information provided in the Government's report for the period ending 30 June 1991 in reply to its previous observation. It also notes the comment made by the Trade Union Confederation of Workers' Commissions (CC.OO.) that the observations which they had made in 1989 concerning the application of the Convention remain valid, since over 150,000 workers continue being exposed to benzene in the explosives, rubber, tanning, footwear, refining and distillation, dyeing, printing and production of DDT industries.

1. In its previous comments, the CC.OO had indicated that benzene is used principally as a solvent or diluent in open spaces. The Committee had recalled that, under Article 4, paragraph 2 of the Convention, the use of benzene as a solvent or diluent is to be prohibited, unless the process is carried out in an enclosed system or where there are other equally safe methods of work. The Committee notes that under section 5 of resolution No. 6248 of 15 February 1977, work with benzene and with products containing benzene (presumably including the use of benzene as a solvent or diluent) shall be carried out in an enclosed system whenever possible and, in its absence, other safety measures must be assured. It further notes that paragraph 2 of section 2 of the resolution strictly prohibits any work with products containing benzene to be performed outside of those workplaces where the implementation of the instructions contained in this resolution can be adequately and permanently monitored. In this regard, the Committee had previously noted that, by virtue of Article 14(c) of the Convention, the Government has undertaken to provide appropriate inspection services for the purpose of supervising the application of the Convention. The Committee notes the information provided by the Government concerning a specific action plan undertaken by the inspection service to send questionnaires to be filled out in all enterprises in which products containing more than 1 per cent by volume of benzene are used, including, in particular, the chemical, shoe, and tanning industries. The Committee requests the Government to send a copy of the report concerning the results of this action plan as soon as it is finished. In particular, the Committee requests the Government to indicate the number of workplaces in which benzene is used as a solvent or diluent and where, rather than using an enclosed system, other safety measures are used. In such instances, the Committee requests the Government to indicate which methods of work are used, whether these are considered equally safe as using an enclosed system, and if so, for what reasons.

2. In its previous observation, the Committee had noted the statistics provided by the CC.OO. which indicated that workers in the explosives, rubber, tanning, footwear, refining and distillation, dyeing, printing and production of DDT industries had suffered from a variety of occupational diseases which, although not exclusively linked to benzene exposure, could result from an exposure to benzene or exposure to a number of substances, including benzene. The Committee notes with interest from the Government's report that, as a consequence of the labour inspectorate's action plan, many enterprises have indicated their decision to substitute benzene with other less harmful products. It requests the Government to continue to provide information on the measures taken to ensure that, whenever harmless or less harmful substitute products are available, they shall be used instead of benzene or products containing benzene, in accordance with Article 2, paragraph 1.

3. The Committee notes from the information provided in the Government's report that, according to the data already made available from the labour inspectorate's action plan, out of 1,561 work centres, there were only 20 in which the fabrication or use of benzene was detected. It further notes that, in those enterprises which produce benzene, certain instructions had to be given concerning the existing standards and that in some enterprises infractions were noted. The Committee requests the Government to indicate the types of infractions detected and, in particular, whether there were any cases of worker exposure to a concentration of benzene in the air exceeding 25 parts per million, contrary to the maximum limit value expressed in Article 6, paragraph 2 of the Convention and section 2 of the resolution.

4. In its previous observation, the Committee had noted that both the CC.OO. and the Government had made reference to black market enterprises involving the use of benzene in work processes in which certain provisions of the Convention were not adequately complied with, such as, in particular, the employment of pregnant and nursing mothers in such work processes, contrary to Article 11, paragraph 1. The Committee requests the Government to supply information on any efforts made by the labour inspectorate to investigate the possible use of benzene in black market enterprises and to ensure, by means of sanctions or otherwise, that pregnant and nursing mothers are not employed in any work processes involving the use of benzene, as required by section 10(c) of the 1977 resolution.

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

The Committee has taken note of the comments made by the Trade Union Confederation of Workers' Committees (CC.OO) on the application of the Convention and the Government's reply to these comments.

According to the information provided by the CC.OO, a number of workers who work in industries involving exposure to benzene have acquired serious occupational diseases. The Government has responded that workplaces where the exposure to benzene exceeds the maximum exposure limit of 25 parts per million, fixed in section 2 of Resolution No. 6248 of 15 February 1977, are rare. In this regard, the Committee would note that while Article 6, paragraph 2 of the Convention provides that maximum limits shall be set for the concentration of benzene in the air not to exceed a ceiling value of 25 parts per million, paragraph 7(3) of the Benzene Recommendation No. 144 provides that the maximum concentration of benzene in the air should be lowered as soon as possible if medical evidence shows this to be desirable.

The Committee would note that the Convention refers to two types of exposure to benzene: the concentration of benzene in the air which can be a health hazard because of inhalation; and the risks involved in absorbing benzene through the skin when there has been contact with liquid benzene. If a worker is exposed to both liquid benzene and benzene vapour the risk of occupational disease may be higher. Furthermore, according to the information provided by the CC.OO, many of the work processes involving exposure to benzene also involve exposure to other harmful substances, such as mercury. The Government is requested to indicate whether any research has been undertaken concerning the effects of simultaneous exposure to benzene in various forms, or the effects of simultaneous exposure to several harmful substances, and to indicate whether any measures have been proposed to decrease the maximum limit for the concentration of benzene in the air as a result of such considerations.

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

The Committee takes note of the comments made by the Trade Union Confederation of Workers' Commissions (CC.OO.) on the application of the Convention and the Government's reply to these comments.

1. In its comments, the CC.OO. has estimated that 150,000 workers are occupationally exposed to benzene or products containing benzene situated in the following industries: explosives, rubber, treatment of skins and footwear, refining and distillation, dyeing, printing, and production of DDT. The CC.OO. has also indicated that benzene is used principally as a solvent or diluent in open spaces. The Government has indicated that although there has been an increase in the use of benzene over the past years, the industries which have used benzene as a solvent in the past now use other products instead. The Committee would recall that, under Article 4, paragraph 2, of the Convention, the use of benzene as a solvent or diluent is to be prohibited, unless the process is carried out in an enclosed system. The Committee notes that the Government has taken the measures necessary for the application of this Article in promulgating the Joint Resolution of 15 February 1977. Nevertheless, by virtue of Article 14(c), the Government undertakes to provide appropriate inspection services for the purpose of supervising the application of the Convention. The Committee therefore hopes that the Government will indicate the measures taken in this regard and report any information which may call into doubt the observance of the prohibition of the use of benzene as a solvent or diluent in an open system.

2. Statistics have been provided by the CC.OO. which indicate that workers in the above-mentioned industries have suffered from a variety of occupational diseases which, although not exclusively linked to benzene exposure, could result from an exposure to benzene or exposure to a number of substances, including benzene. The Committee notes the information supplied by the Government concerning labour inspection and a variety of studies undertaken to investigate the cause of occupational diseases in some of these industries, as well as endeavours made to prevent the risks of these diseases. The Committee recalls that, by virtue of Article 2, harmless or less harmful substitute products are to be used instead of benzene or products containing benzene whenever available. With a view to facilitating the application of this Article, reference may be made to Paragraph 26 of the Benzene Recommendation No. 144, which provides that the competent authority in each country should actively promote research into harmless or less harmful products which could replace benzene. The Committee hopes that the Government will supply information on progress made in using harmless or less harmful substitute products instead of benzene and of the results of any research in this regard.

3. In reply to the comments made by the CC.OO., the Government has indicated that situations where workers are exposed to a concentration of benzene in the air exceeding 25 parts per million are rare. The Committee would note, however, that, by virtue of Article 6, paragraph 2, this ceiling value of 25 parts per million represents a strict maximum which should not be exceeded. Noting that the same ceiling was fixed in section 2 of Resolution No. 6248 of 15 February 1977 regulating the use of solvents and other compositions containing benzene, the Committee hopes that the necessary measures will be taken to ensure that effect is given to this provision.

4. The Committee notes that in both the comments made by the CC.OO. and the Government's reply, reference has been made to instances where certain provisions of the Convention are not adequately complied with, including black market enterprises involving the use of benzene in work processes where pregnant and nursing mothers are employed, contrary to Article 11, paragraph 1. The Committee notes the projects initiated by the Government concerning labour inspection and research relevant to the working environment. It notes that these projects have been undertaken in order to attain fuller practical application of the provisions of the Convention. The Committee hopes that the Government will continue to indicate the measures taken or envisaged to ensure application of the provisions which give effect to the Convention and to supply extracts from inspection reports and any statistics available on the number of employed persons covered by the relevant legislation and the number and nature of the contraventions reported.

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