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

Individual Case (CAS) - Discussion: 2007, Publication: 96th ILC session (2007)

A Government representative thanked the Committee for giving his Government the opportunity to address the Committee regarding what it referred to as an individual case of progress, but which he preferred to term "good practice". Without wanting to reopen the debate on the working methods of the Conference Committee, he stated that at the next session of the Governing Body, he would propose an amendment concerning the terminology used and the need for cases of progress and cases of non-compliance with standards to be clearly distinguished. Therefore, there would be greater adaptation to the objective of the Conference Committee and the Committee of Experts, which was to ensure decent work for all.

The speaker stressed the development of legislation and practice in two essential fields: occupational health and safety, and equality, free of all discrimination, for all workers without distinction. Such development was the practical consequence of a constitutional mandate agreed upon some 30 years before by all the political parties and accepted in a referendum by the Spanish population. It established the monitoring of occupational health and safety as the driving force of Spanish socio-economic policy. Any improvements to the body of law and administrative practice in that field resulted from the strengthening of social democracy by the Government. From that social commitment came the current Act on the Prevention of Occupational Risks that included the European Union acquis and the provisions of Convention No. 155. The Committee of Experts stressed the significant change that the law had introduced in the preventive culture of occupational accidents and diseases. There was a genuine and exacting social demand in Spain for safe and healthy workplaces, with Parliament and the administration responding to that demand. In that regard, the Government representative recalled that the central administration of the State shared competences with the local government of the autonomous communities, and stressed that both fully agreed on accepting the obligations imposed by the constitutional mandate, which facilitated coordination and cooperation.

The speaker indicated the generalized nature of Spanish labour inspections, which enabled ensuring good occupational health and safety conditions to be linked with the other standards that also influenced respect for workers' rights, such as non-discrimination and full equality at work. That issue had been examined on several occasions by the Committee of Experts given that combating discrimination at work was one of the main roles of the ILO, since this issue constituted a distinctive indication of contemporary society and an indispensable requisite for social justice. The issue was expressed in 1889 by Spanish legislators in article 27 of the Civil Code, which provided for foreigners in Spain to enjoy the same civil rights as Spanish citizens. Furthermore, the Act on the Prevention of Occupational Risks did not contain any rules governing its scope of application, meaning that it applied to all workers, with the exception of special laws applying to military centres and penitentiaries. Public officials were also covered by the law.

Nevertheless, despite showing a positive trend, statistics on occupational accidents were unsatisfactory and the matter had been the subject of a particular demand by trade unions during the celebrations of 1 May. The Government shared their concern, as could be seen from the significant number of existing health and safety regulatory provisions, some of which were included in the Committee of Experts' report, and the severe penalties in case of non-compliance. For example, in order to promote a suitable culture of prevention among the working population, the Ministry of Labour launched a state media campaign particularly targeting employers and workers, and also encompassing the population at large, at a cost of some 4 million euros. The initiative was an integral part of the health and safety strategy forged by the Government and the social partners, which was integrated into the Plan for the Improvement of Occupational Safety and Health and the Reduction of Accidents.

The Government representative further indicated that on 4 May, the Council of Ministers had approved, on the proposal of the Ministry for Labour and Social Affairs, a Royal Decree on the form of publishing penalties for very serious offences concerning the prevention of occupational risks.

The speaker also cited an example from the Andalusian Administration, which had implemented the immigrant PREVEBUS campaign, aimed at preventing risks and targeting the immigrant population (particularly from the Maghreb, Ecuador and Romania). It includes a bus containing 15 computer stations, where training was provided by teachers from Romania, Poland, Spain and from the Maghreb, and a meeting room with space for 15 people was made available. The scheme combined prevention, risks and social, labour and personal integration for the immigrant population. Another example was the publication in five languages of the collective agreement and salary scales of collective agreements for sectors and activities with a significant foreign workforce. This demonstrated the efforts undertaken to continue reversing the trend in terms of occupational accidents. Nevertheless, the Government remained firm in its wish to surpass the target set by the European Union Employment and Social Affairs Commission of reducing the number of occupational accidents by 25 per cent during the period 2007-12.

The Government representative further stressed the efforts of the trade unions and the employers' associations, which, as a result of collective bargaining, had progressively adapted more general standards to the particular nature of companies and industries.

It should be recognized that, in many cases, occupational accidents occurred in clandestine or marginal labour sectors. Therefore, and in the name of equality, the labour inspectorate had launched campaigns affecting the irregular economy, which in 2006 in Andalusia alone saw some 100,000 inspections with corresponding penalties to a value of 14 million euros. Nevertheless, the best ways of solving those problems was through training and social dialogue. Social dialogue was a well-known government action. The new 2007-10 strategic plan for citizenship and integration, for which the Government had earmarked over 2 billion euros, influenced participatory issues, education, employment, housing, health and co-development. It could not be stated that migrants were the primary victims of accidents, but given the status of illegal migrants, they could suffer more than others. Therefore, the regularization of migrants undertaken by the Government had significant social effects on the equality of workers, because there was no greater discrimination than that which separated legal and illegal migrants. The speaker stressed that 578,375 illegal migrants had been regularized.

The issue of migration had been of great concern to the Spanish delegation at the Governing Body, the Tripartite Meeting of Experts on the ILO Multilateral Framework on Labour Migration, in the discussion on technical cooperation at the 95th Session of the International Labour Conference (May-June 2006) and the European Regional Meeting in Budapest in which the Government and the Secretary-General of the General Union of Workers (UGT) stressed the need for the ILO to become involved. The regularization or normalization procedures undertaken in Spain had been recognized by the ILO as a very good practice.

Lastly, the drive for equality had given rise to the criminal offence of racial harassment law. It could be considered as a form of harassment against which all possible prevention should be taken. Spain was currently a receiving country for migrants, without forgetting that it used to be a sending country, making it sensitive to the foreigners who accounted for 10 per cent of its population. Multiculturalism was fully accepted in Spain and the Alliance of Civilizations proposed by the Prime Minister was a further response to the demands of society, wishing to live together in peace and enjoy social justice, in applying the emblem of the International Labour Organization to which they belonged.

The Worker members concurred that Spain should be cited as a case of progress in the context of the application of the Convention. Public opinion could expect no less from a country hosting for a number of years the European Agency for Safety and Health at Work. They highlighted the following as particularly positive: the adoption of a new law on occupational safety and health that was mainly based on the concept of prevention; the 2005 governmental plan for the improvement of occupational health; the 2006 national plan for priority measures to reduce risks; and other initiatives. The Worker members hoped that future results would confirm the effectiveness of these measures, recognizing that results were never immediate in this field. Indeed, a policy of prevention was a long-term policy that called, in particular, for a radical change in mentalities and attitudes at work. The Worker members further welcomed the fact that these initiatives had been taken in cooperation with the representative employers' and workers' organizations. This way of proceeding provided undeniable evidence of a global tripartite approach characterized by strongly implicating the social partners in governmental politics: in Europe, the "Spanish model" had begun to become a point of reference. Indeed, this model gave reasons to rejoice in a world where, all too often, governments and employers hid behind the alibis of globalization and deregulation, in order not to establish the legislative framework necessary to guarantee the protection of workers. This positive evaluation also illustrated to what extent international labour standards could contribute to the constant improvement of national legislation and to its application in practice. The Worker members called on Spain to continue to deploy the same energy to ensure that the numerous migrant workers on its territory benefited from the same protection in terms of health as national workers. This approach should be accompanied by the recognition of the right of all workers to unionize, in view of the fact that, from the moment that workers were confronted with an irregular situation from the administrative point of view, this right became undeniably linked to the occupational safety and health issue. In substance, the Worker members conveyed to the Government their congratulations for what it had already achieved and their encouragement for what remained to be done.

The Employer members stressed that this was a case of progress. The Committee of Experts had noted with interest the adoption of a new Framework Act, which followed a preventative approach to occupational safety and health. The Employer members stated that measures at the level of the enterprise had to be supplemented by national policies, as envisaged by the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). They commended the Government for the progress achieved in promoting a culture of prevention under the 1998 Plan of Action, and also for relying on social dialogue in this context. A number of other instruments had been adopted to supplement the Plan of Action, all of which the Committee of Experts had considered to have contributed to improving the implementation of the Convention. Further, the Employer members noted that the legislation on occupational safety and health applied to all workers, irrespective of their legal status. They also noted the Government's great efforts to promote awareness of the relevant legislation, including through the dissemination of information materials in foreign languages, and encouraged the Government to continue its extensive promotional campaigns.

The Government representative welcomed the Employer and Worker members' praise. He reaffirmed Spain's commitment to rejecting all forms of discrimination in employment, to forging a policy for occupational health and safety and to protecting migrant workers. Such a pledge resulted from the regulatory will directing the European social model to which the Government was fully committed. Isolated cases of xenophobia could not conceal the fact that most foreigners habitually resident in Spain - even without being active workers - were genuinely and fully enjoying the quality of life prevalent in the country. The Government was active at all levels of the International Labour Organization, which was evidenced by its contribution to the budget and technical cooperation activities. International labour standards, in addition to the Convention's provisions, should be integrated into everyday life and used to promote globalization with decent work.

The Worker members, at the end of this by and large positive review, expressed the hope that the Government would report regularly on the progress achieved in the field of occupational safety and health, as well as on the expansion - in consultation with the social partners - of the measures envisaged in favour of migrant workers, in particular for those working in irregular situations (without work permits).

The Employer members stated that the Government should continue to report on the measures taken to ensure the Convention's application in law and in practice, as well as their impact.

The Committee took note of the statement by the Government representative and the discussion that followed. The Committee noted that the issues raised by the Committee of Experts in its observation referred to the efforts by the Government to improve the occupational safety and health situation for all workers in the country, including foreigners, through the adoption and implementation of a coherent national policy of prevention and targeted legislative and follow-up measures.

The Committee noted the information provided by the Government in which it underscored that the current national policy and legislative framework, including the shift towards a preventative safety and health culture, was part of a broader policy framework. This framework, which was aimed at the democratization of social progress, had been developed in close consultation with the social partners and rested on popular support articulated in a referendum. The Government also indicated that while the impact of its efforts had yet to be reflected in national statistics, it was a positive trend that reported accidents now tended to be less serious. With reference to its efforts to implement the legislative framework by codifying equal rights between nationals and foreigners in terms of occupational safety and health, the Government indicated that it had taken concrete measures such as launching multilingual information campaigns, carrying out intensified inspections and regularizing the status of more than 578,000 migrant workers.

The Committee noted that this case had been included in the list of countries as a case of progress which should serve as an example of good practice. It commended the Government for its comprehensive efforts to improve the occupational safety and health situation for all workers in the country and encouraged the Government to pursue the implementation of its national preventative safety and health policy in close cooperation with the social partners and the ILO. The Committee requested the Government to continue to report on progress made in the implementation of the above policy, including through national statistics, and to provide further information on the results of the campaigns to improve the working conditions of migrant workers irrespective of their legal status.

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 wishes to raise the following additional points.

Articles 4 and 16 of the Convention. 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 the safety and health of workers. The Committee notes the observations made by the Trade Union Confederation of Workers’ Committees (CCOO) on the application of the Asbestos Convention, 1986 (No. 162), which it considers to be related to the present Convention. The CCOO indicates that many workers whose work is not related in anyway with asbestos, are subject to exposure to asbestos fibres during working time and at the workplace, as workplaces are located in buildings with materials containing asbestos and the state of the buildings means that, or may lead to the supposition that, fibres escape into the working environment with a consequent risk to persons. In this regard, the CCOO refers, by way of illustration, to cases of uncontrolled educational, industrial, hospital and refuse installations. The union adds that it is essential to assess the materials of installations in order to be able to take adequate action in the very broad range of activities that are undertaken in the presence of asbestos or materials that contain asbestos (maintenance, modification, demolition, etc.), and that it is necessary to develop “maps of the asbestos present” as a requirement to guarantee human health. The Committee requests the Government to provide its comments on this subject and to indicate the manner in which it is ensured that the workplaces referred to by the CCOO are safe and are without any risk to the safety and health of workers.

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

The Committee notes the observations made by the Trade Union Confederation of Workers’ Committees (CCOO) and the General Union of Workers (UGT), received 12 August 2014 and 29 August 2014, respectively. The observations of the CCOO are also included in the Government’s report, received on 10 September 2014.

Article 9 of the Convention. Adequate and appropriate inspection system. The Committee notes that, according to the UGT’s observations, the employment accident rate has continued to increase in 2014 and that, nevertheless, the Labour and Social Security Inspectorate (ITSS) reduced the number of inspections by almost 10 per cent in 2013, which resulted in an apparently lower number of violations reported and of penalties, as indicated in the statistics provided by the Government, and particularly tables of 2012 and of 2013 on ITSS activities – 2009–13, annexed to the Government’s report. The Committee also notes the indication by the UGT that the Government should be more involved in this subject, through an increase in inspections with a view to the enforcement of the legislation that is in force in all sectors and enterprises. The Committee requests the Government to provide its comments in relation to the observations of the UGT.

Article 11(c) and (e), in conjunction with Articles 4 and 7. Notification of occupational accidents and diseases and publication of statistics. National policy. Overall reviews or reviews in respect of particular areas. The Committee notes that, according to the UGT, the publication of statistics on occupational diseases should be modified to adopt a model similar to that used for statistics of occupational accidents. According to the UGT, such statistics should be available in a monthly form, they should specify deaths caused by occupational disease, and provide a breakdown of occupational diseases (showing the code for each occupational disease), based on the Spanish Schedule of Occupational Diseases. In this respect, the Committee notes that in the information on ITSS activities – 2009–13, annexed to the Government’s report, statistics are provided on occupational diseases, compiled by the CEPROSS (the system for the notification of occupational diseases), although they are not disaggregated by branch of economic activity, as is the case for statistics of occupational accidents. The Committee also notes that, according to the CCOO, the system for the recording and notification of occupational diseases should be improved and simplified. It adds that many occupational diseases are not notified as such, but rather as common diseases, and as a result their causes are not identified. The Committee recalls that, according to paragraph 296 of its 2009 General Survey on occupational safety and health, effective data collection and its analysis by a member State is a critical function in order to identify priority areas for OSH action, including the resources and training needed to address deficiencies and later to assess the effectiveness of the action taken. Indeed, the availability of full, reliable and up-to-date statistics on occupational accidents and occupational diseases is indispensable for the formulation and review of a national OSH policy. The Committee invites the Government to review these issues in consultation with the most representative organizations of employers and workers concerned, in the context of the periodical review of its national policy, and also taking into account Article 7 of the Convention, and requests it to provide information on this subject.

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

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

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

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

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

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

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

The Committee notes the debate which took place in the Conference Committee on the Application of Standards in June 2007 and the conclusions resulting from the debate. The Conference Committee observed that this case should serve as an example of good practices. It congratulated the Government on the considerable efforts made to improve the situation of all workers with regard to occupational safety and health (OSH) and asked the Government to continue to supply information in this regard, including on migrant workers.

Legislation. The Committee notes with interest the legislation adopted in the area of OSH for various sectors and spheres (such as, inter alia, self‑employment, subcontracting, construction workers), the heavy penalties for violations of the relevant legislation, and the updating of the list of occupational diseases. It notes that section 8.1 of Act No. 20/2007 of 11 July 2007 (Self‑Employment Regulations) states that the competent public administration shall assume an active role in the prevention of occupational hazards to self‑employed workers by means of activities promoting prevention, technical advice, monitoring and controls on compliance with OSH standards. It also lays down conditions regarding the right to stop work and abandon the workplace when the activity in question entails a serious imminent hazard. It also regulates the application, in cases where self-employed workers and workers from another enterprise or other enterprises are working together, of the obligation to cooperate and also the obligations to provide information and training as laid down in section 24(1) and (2) of Act No. 31 of 1995 on coordination of business activities. The Committee also notes Royal Decree No. 1299/2006 of 10 November 2006, approving the schedule of occupational diseases in the social security system. The Government reports that Act No. 32/2006 of 18 October 2006 concerning subcontracting in the construction industry lays down a set of guarantees to avoid any lack of controls in this sphere. The guarantees include: requiring compliance with specific conditions so that subcontracting beyond the third level meets objective criteria, in order to avoid practices which endanger OSH; the requirement for these enterprises to meet quality and solvency criteria and the strengthening of guarantees concerning training in occupational risk prevention; and increasing the participation of workers. Furthermore, new regulations have been adopted in relation to infringements arising from non-compliance by subcontractors, contractors and promoters of their obligations regarding risk prevention. These provisions are set out in Royal Decree No. 1109/2007. The Government refers to the adoption of Royal Decree No. 597/2007 of 4 May 2007 concerning the publication of penalties for serious infringements relating to occupational risk prevention. Finally, the Committee notes Royal Decree No. 1027/2007 of 20 July 2007 approving regulations on heating installations in buildings and Royal Decree No. 1644/2008 of 10 October 2008 laying down standards regarding the sale and installation of machinery.

Articles 4 and 7 of the Convention. National policy and overall reviews or reviews in respect of particular areas. The Committee notes with interest that, in accordance with the provisions of these Articles, national policy on OSH is being reviewed and updated, as borne out by numerous recent legislative changes in this area, adopted as part of the Spanish Strategy on Occupational Safety and Health (2007–12), which was supported by the National Occupational Safety and Health Committee, in which the General Administration of the State, the Autonomous Administration and the most representative employers’ and workers’ associations are represented. The Committee notes that the strategy in general terms encompasses occupational risk prevention policies in the short, medium and long term, and seeks to transform the values, attitudes and conduct of all stakeholders in occupational hazard prevention, with the aim of reducing accident rates and progressively improving working conditions. The Government states that the strategy is based on the idea that, in order to achieve these general objectives, eight operational objectives have been established, which, for structural reasons and taking account of the main stakeholders, have been grouped into two major sections: (a) those relating to the prevention of occupational hazards in the workplace; and (b) those relating to public policies. Each objective has given rise to various lines of action and the latter in turn have resulted in various specific measures giving practical expression to the objectives, designating the person responsible for implementation of the measures and establishing a time frame for launching and implementing them. The Committee notes that, in connection with the evaluation and follow-up of the strategy, a working group on follow-up action to the Spanish OSH strategy has been set up within the National Occupational Safety and Health Committee. The Government also indicates that it has drawn up an initial plan of action, an evaluation of which was carried out up to October 2008, and has drawn up a second plan of action up to June 2010, when a further review of the strategy was due to be carried out and another phase of work to be prepared. The Committee requests the Government to continue to supply information on the manner in which the review of the national OSH policy was carried out and also on any other review which may be undertaken. It also requests the Government to supply information on the conclusions and changes arising as a result of any review and to continue to supply information on national policy trends in this area.

Application of the strategy for small and medium-sized enterprises (SMEs). The Committee notes with interest objective 1 of the strategy, “Achieving better and more effective compliance with social security and occupational health regulations, especially in relation to SMEs,” and also the particular measures contemplated in this context to promote compliance with OSH legislation by SMEs. For example, provision has been made for the National Occupational Safety and Health Institute (INSHT) to draw up a code of practice specifically concerning the application of prevention regulations by SMEs and micro‑enterprises. Furthermore, all INSHT guides on prevention regulations must contain a specific chapter on their application by SMEs. The strategy also provides that all future standards on occupational hazard prevention must contain a report on their application in SMEs and, if applicable, differentiated measures for SMEs must be included. With a view to the simplification of their occupational hazard prevention obligations, enterprises of up to ten workers will be provided with public advice regarding the organization of their prevention activities, with the promotion of self-evaluation involving standard models for various sectors and specifying activities or hazards which require specialized technical help. Simplified procedures are established for enterprises employing fewer than 50 workers. The “Spanish Occupational Safety and Health Network” will be developed as an instrument for promoting and supporting cooperation and the exchange of information and experience among its members. The INSHT as administrator of the network and focal point for the European Agency for Safety and Health at Work will promote awareness and dissemination of information relating to occupational hazards among SMEs. Recalling that the plan of action for achieving satisfactory levels of ratification and effective application of OSH instruments, approved by the Governing Body in March 2010, pays particular attention to SMEs and to research into particularly relevant applications or practices in OSH that also improve productivity and are attainable for SMEs, the Committee considers that the particular focus placed on SMEs by the Spanish strategy could contribute towards establishing good practices in this area. The Committee therefore requests the Government to supply detailed information on the implementation of OSH measures aimed at SMEs and on their results, including achievements and any problems encountered, and also requests the Government to supply copies of materials which have been devised, such as the INSHT codes of practice referred to by the plan.

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

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

1. The Committee notes with interest the detailed information contained in the Government’s report. It notes in particular the great change in the country in relation to occupational safety and health conditions which occurred with the adoption of Act No. 31/1995, a Framework Act, and its subsequent development through regulations, as envisaged under section 6 of the Act, which has made it possible to develop and facilitate the application of the Convention. It notes that, with the adoption of the above Act, the national legislation distanced itself from the traditional approach of considering occupational safety and health from the viewpoint of the compensation of damage, and replaced it with a fundamentally preventive approach to occupational safety and health. In this respect, the Committee requests the Government to keep it informed of any legislative developments which contribute to giving effect to the Convention.

2. Article 11(e) of the Convention. Publication of occupational accidents and diseases. The Committee also notes the information provided by the Government concerning trends in relation to occupational accidents. It notes the statistics prepared by the Ministry of Labour and Social Affairs on trends in the total number of occupational accidents for the period 2003-05. It notes that in 2004 there was a slight decrease in the total number of occupational accidents in comparison with 2003 (-0.34 per cent), although this trend was reversed in 2005, with an increase of 3.8 per cent in relation to 2004. With regard to the gravity of the accidents, the Committee notes the increase in 2005 in the percentage of light injuries, which accounted for 98.9 per cent of the total, leading to a reduction in the percentage of serious injuries. It further notes that the number of fatal accidents remains practically constant, as the total number of such accidents has been reduced in recent years. The Committee notes an increase in 2005 in the number of employment accidents investigated by the Labour and Social Security Inspectorate. The Committee requests the Government to continue providing information on trends in relation to occupational  accidents.

3. The Committee notes with interest the information provided by the Government on the many activities undertaken in accordance with the Plan of Action of 1998 and the indication that its application has contributed to increasing the level of compliance with rules on the prevention of occupational risks and to promoting a culture of prevention. It notes that as a continuation, supplement and improvement to the Plan of Action of 1998, the following instruments have been adopted: Plan for the Improvement of Occupational Safety and Health and the Reduction of Accidents, dated 22 April 2005; Spanish Occupational Safety and Health Strategy, 2005-08; National Programme of Reforms in Spain, approved on 13 October 2005; and the National Plan of Priority Actions to Reduce Accidents, 2006. The Committee notes that the objective of these instruments is in all cases to improve working conditions, achieve higher levels of occupational safety and health and reduce occupational accidents and occupational diseases. The Committee considers that the above instruments contribute to the improved implementation of Article 4 of the Convention. In this respect, the Committee requests the Government to provide information on the measures adopted in accordance with the instruments referred to above and their impact in practice.

4. Article 9. Penalties. The Committee notes the brief information provided by the Government on the application of Instruction No. 104/2001 on the relations between the Labour and Social Security Inspectorate and the Office of the Public Prosecutor regarding criminal offences in the field of occupational safety and health. It notes that, under the terms of the above Instruction, a total of 621 and 579 cases were referred to the Public Prosecutor in 2004 and 2005, respectively. The Committee recalls that in its previous comment it requested the Government to provide additional and detailed information on the manner in which the Convention is applied at the enterprise level, including extracts of labour inspection reports and the number and nature of the contraventions reported. Accordingly, and taking into account the fact that the Government confined itself in its last report to providing information on the number of cases referred to the Public Prosecutor in the years 2004 and 2005, the Committee requests the Government to provide additional and detailed information in its next report on the manner in which the Convention is applied at the enterprise level, including extracts of labour inspection reports and the number and nature of the contraventions reported.

5. The Committee notes with interest the information provided by the Government that section 3 of Act No. 4/2000 of 11 January 2000, on the rights and freedoms of foreign nationals in Spain and their social integration, provides that foreign nationals may exercise the rights acknowledged by the Act on an equal footing with Spanish nationals. It notes that the legislation governing occupational safety and health conditions is applicable equally to national and foreign workers. It also notes the information provided by the Government that Act No. 31/1995 on the prevention of occupational risks is of universal application and that it covers all working relationships irrespective of their specific legal status. It notes with interest the efforts that are being made by the public administration to disseminate and promote the legislation on the prevention of occupational risks and the culture of prevention to migrant workers through the publication and dissemination of educational materials in various languages. The Committee also notes with interest that the Spanish Observatory on Racism and Xenophobia started operating on 21 March 2006, as a body attached to the General Directorate of Immigration in the Secretariat of State for Immigration and Emigration of the Ministry of Labour and Social Affairs, and that it will undertake a specific analysis of the situation in society with regard to racial discrimination, adopt the necessary measures to prevent this type of discrimination and contribute to developing a more just and egalitarian society. The Committee also notes the information provided by the Government that there was an increase in the number of inspections carried out by the Labour and Social Security Inspectorate in 2005 in the province of Almería in relation to the prevention of occupational risks. With regard to the situation of Moroccan workers in El Ejido in Almería, the Committee notes the Government’s indication that specific inspection campaigns are planned on the working conditions of foreign workers (the payment of taxes and contributions, hours of work, training and information on the prevention of occupational risks and the applicable collective agreement). The Committee requests the Government to provide any document issued by the Spanish Observatory on Racism and Xenophobia relating to discrimination in the workplace and information on the results of the specific inspection campaigns relating to the working conditions of foreign workers. The Committee also requests the Government to keep it informed of any development relating to the broad application of the legislation to all workers in the country.

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

1. The Committee notes with interest the detailed information provided by the Government. It notes in particular that a large number of legislative texts - more than 100 according to the Government’s report - have been adopted regarding occupational safety and health which, in the Government’s view, have a particular importance to giving effect to the Convention: Decree No. 39/1999 of 5 November, on reconciling professional and family life; Legislative Decree No. 5/2000 of 4 August, approving the consolidated text of the Act on offences and penalties pertaining to social order; Decree No. 138/2000 of 4 February approving the regulation on organization and functioning of the work and social security inspector; Act No. 54/2003 of 12 December, reforming the framework of standards on occupational risk prevention; and Decree No. 171/2004 of 30 January, enlarging on the provisions of section 24 of Act No. 31/1995 of 8 November, on occupational risk prevention. The Government also draws the Committee’s attention to the adoption of the following texts: Decree No. 614/2001 of 8 June, on minimum standards in protecting workers’ safety and health against the risks involved in using electricity; Decree No. 374/2001 of 6 April, on protecting workers’ safety and health against the risks involved in the occupational use of chemical agents; Decree No. 681/2003 of 12 June, on protecting workers’ safety and health against the risks of exposure to explosive agents; Decree No. 1124/2000 of 16 June, on protecting workers’ safety and health against occupational exposure to carcinogenic agents; and Decree No. 349/2003 of 21 March, extending the latter’s scope to mutagenic agents. Noting those important developments, the Committee requests the Government to submit a detailed report, indicating the manner in which this new legislation contributes to the application of the Convention, including succinct information on the principal changes from the previous situation.

2. The Committee notes the information supplied in response to its comments of 2000 regarding the observations of the General Union of Workers (UGT) on occupational accidents in Spain. The Committee notes that the Government indicates that the high number of cases to which the UGT refers can be explained by the fact that the "occupational accident" definition, for the purpose of statistics, is broader in Spain than in other European countries, since Spain’s data include occupational accidents that occur on the way to work and "non-traumatic pathologies", accidents concerning employers and self-employed workers, as well as accidents causing an interruption of work of less than three days. The Government also indicates that the accidents are notified in a way which unduly increases the numbers, but that this anomaly is being rectified. Finally, the Government specifies that, based on a detailed examination of workplace accidents that had occurred between 1999-2003 - which are the relevant accidents in the context of inspection and prevention - the majority of these accidents were "less serious" accidents. The Committee requests the Government to continue to provide information concerning the trends regarding occupational accidents, as well as further information regarding the type of accidents considered as "less serious", other more serious accidents, and on measures taken after such "more serious accidents".

3. In its report, the Government also refers to specific measures taken at national and institutional level. These include the adoption, at sectoral meetings, of annual integrated programmes concerning the activities carried out by the Labour and Social Security Inspectorate in pursuing its objectives for improving occupational safety and health and reducing the number of occupational accidents. The Committee notes the information that one of the areas covered by the action plan to combat occupational accidents, adopted by the National Health and Safety Commission in 1998 is to "strengthen action in the areas of supervision, control and penalties". The Committee notes that this action plan was in particular aimed at establishing coordinated action between the various partners involved, such as the general state administration, the autonomous communities, and workers’ and employers’ organizations, in order to increase the efficiency of the various partners’ activities. In addition to these general measures, the abovementioned programmes covered all actions aimed at reducing the number of occupational accidents, without prejudice to autonomous communities’ specificities, as well as to the specific action for sectors with jobs that were deemed to be particularly dangerous or sectors having a higher number of accidents. The Committee requests the Government to continue to provide information on the above mentioned measures taken, as well as on their impact in practice. The Committee also requests the Government to indicate if a revision of the action plan is foreseen in the near future.

4. The Committee notes the information that the legal reform referred to previously (paragraph 1) had become necessary, inter alia, to make employers more accountable with regard to the prevention of risks falling within their purview, and to extend their responsibility beyond a mere formal application of the obligations laid down in the collective agreement between the Government and the social partners. The abovementioned reform concerned the legal framework for risk prevention, taking into account new forms of work organization - in particular the use of subcontractors in the construction sector - and the strengthening of the supervisory system of the Labour and Social Security Inspectorate, inter alia, by stepping up activities to raise awareness and promote preventive action by setting up campaigns to inform the public about the prevention of occupational risks. The Committee notes in particular the information that Instruction No. 104/2001 on relations between the Labour and Social Security Inspectorate and the Public Prosecutor regarding criminal breaches of occupational safety and health was adopted, in order to promote greater coordination and efficiency in the application and defence of the penal provisions on offences pertaining to occupational safety and health. The Committee notes this information and observes that subject to a detailed examination of the newly adopted legislation, the efforts made during the period covered by the report hold promise for improved accident prevention countrywide. It hopes that all the Government's efforts, including the nationwide coordination of occupational safety and health activities will be reflected in the practice of enterprises and, ultimately, in the occupational accidents statistics. The Committee requests the Government in its next report to provide additional and detailed information on the manner in which the Convention is applied at the enterprise levels, including extracts of labour inspection reports and the number and nature of contraventions ordered.

5. The Committee also notes the information provided by the Government in response to its comments of 2000 regarding the observations of the Democratic Confederation of Labour (CDT-Morocco) reporting acts of xenophobia, racism, and intolerance against migrant Moroccan workers and their families in El Ejido. The Committee notes that the Government refers to the report of the Labour and Social Security Inspectorate in Almeria, including the examination of the action undertaken regarding foreign workers. According to the Government, this examination, which started in September 2003 and lasted for nine months, covered 173 reports of contraventions and revealed that the Provincial Inspectorate was not informed by Moroccan workers of irregularities, discrimination, lack of supervision of employment and working conditions in rural areas, or bad treatment affecting the workers’ dignity and physical and psychological integrity. The Government concludes that it is impossible to ascertain the existence of ill treatment and discrimination against these workers. The Committee points out that in previous comments, likewise based on an observation from CDT-Morocco, it referred to particularly harsh working conditions in greenhouses, where migrant workers are often employed and that the government stated that an agreement between agriculturists’ organizations and trade unions on the scrupulous application of the collective bargaining agreements and that occupational safety and health inspectors are also collaborating. The Committee notes that the Government's latest report contains no information in this respect. With reference to the significant efforts to improve the occupational safety and health situation in the country demonstrated by the legislative changes introduced, the Committee urges the Government to take all necessary measures to ensure that all workers - irrespective of the nature of the employment relationship under which they work - are able to draw the benefit thereof through effective implementation of the relevant legislation, efficient dissemination of information regarding applicable laws and regulations including possible means of redress and further improvements of the labour inspection services including the development of appropriate methods to monitor the working conditions of all workers in the country. The Committee requests the Government to provide the information mentioned and to keep it informed of any progress made regarding the application of the legislation to all workers in the country.

[The Government is asked to reply in detail to the present comment in 2006.]

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the comments made by the General Union of Workers (UGT) regarding the situation of occupational accidents in Spain. The union states that each time a greater number of people lose their lives as a result of accidents at work. Currently 4.22 such deaths are registered per day. Spain has the highest number of occupational accidents in Europe. Between January and September 1999 a 17 per cent increase in the number of accidents was recorded compared to the same period in 1998 and mortal accidents increased by 4 per cent. From January to September 1999, 1,235,659 accidents were recorded (688,341 involved loss of work days while 547,318 did not), of which 1,103 were mortal ones. This situation is a clear sign that the Government of Spain is in violation of Convention No. 155. The Government of Spain continues not to take the measures foreseen by the action plan against occupational accidents as well as those called for by the law on the prevention of occupational risks itself, and employers continue not to comply with the law. More than 53 per cent of enterprises do not carry out risk assessment. In fact since the entry into force of this law on risk prevention in 1996, and up to 1998, accidents resulting in loss of working days grew by 22.17 per cent and those resulting in death grew by 9.06 per cent.

The UGT considers the main causes of the increase of accidents at work to be the precarious nature of conditions of work, the failure of employers to fulfil their responsibilities, and the disinterest shown by the Government. In its view, during the preceding year, the Government limited itself to announcing future measures and taking bureaucratic steps to establish some kind of institution already foreseen in the action plan as well as in the law on prevention of occupational risks, such as the Foundation for the Prevention of Occupational Risks, but nothing has started functioning. Neither was the National Plan for Training in Occupational Accidents Prevention developed during this period, nor did the meeting foreseen between the Auditor-General of the State and the Office of the Presidency of the National Commission on Occupational Safety and Health take place. This lack of coordination between the various administrations to facilitate the implementation of the plan is provoking a slowdown in the attainment of its objectives.

The UGT states that labour inspection should have increased its activities and the quality of these activities in order to ensure the implementation of the law by the employers and the Auditor-General of the State should have pursued infractions of standards on the safety and health of workers. Currently there is no efficient planning being done regarding the tasks of labour inspection.

Many of the occupational accidents result from the non-fulfilment of their responsibility on the part of management that could fall under penal responsibility. The Penal Code of Spain labels such behaviour as penal offences (sections 316, 317 and 318). However, the representatives of the auditors emphasize that such misconduct remain unpunished because they are usually dealt with by the system of justice for offences or misdemeanours (Justicio de Faltas) and do not have "the required guarantees, time limit, expertise and counter expertise required to provide evidence of the facts" and that furthermore, "if the labour inspection has not fulfilled its assignment, the Auditor-General’s Office cannot function because it is deprived of the most abundant and the most reliable source of information.

The Committee would be grateful if the Government would address the questions raised by the UGT in order to permit the Committee to assess the situation in a more complete way.

2.  The Committee notes the comments made by the Democratic Confederation of Labour (CDT-Morocco) evoking the context of the attack against migrant Moroccan workers and their families in El Ejido in an atmosphere of xenophobia, racism and intolerance. It then recalls that Convention No. 155 provides for the elaboration and implementation of a national policy that has as its aim the prevention of accidents and injury to health arising out of, linked with or occurring in the course of work, by minimizing the causes of hazards inherent in the working environment. It indicates that 13,000 Moroccan workers work in the Province of Almeria in Spain, and 95 per cent of them are engaged in the agricultural sector. The owners of the farms employ these migrant workers in greenhouse plantations where the temperatures reach 50 degrees centigrade and the use of pesticides results in lung ailments and skin diseases among the workers. Press coverage of the incidents referred to the fear shown by some of these workers to openly complain about their working and living conditions for fear that their irregular status would be discovered.

The Government in its reply to these comments indicates that 13,422 Moroccan residents have been regularized up to 31 March 2000, and that they, along with the rest of the migrant workers of 112 different nationalities, enjoy the same legal labour rights and the same protection under the laws and collective agreements regarding labour and social security rights as Spanish citizens.

The Government further indicates that, although it recognizes that working conditions in the greenhouses are difficult due to high temperatures and the handling of pesticides, it maintains that all Moroccan and Spanish workers are protected by occupational safety and health standards as well as the provision of the required personal protective equipment which, if not provided, can be reported to the provincial labour inspection or the labour court. Furthermore, the Government adds that these same harsh conditions due to intensive greenhouse cultivation practices have been faced and shared by the Spanish workers and all workers of other nationalities for over 20 years. In relation to the application of collective agreements, the Government states that there is a firm agreement between the agricultural organizations and the trade unions to ensure the scrupulous implementation of this agreement and that labour and social security inspectors will contribute to this.

The Committee welcomes the regularization of the rest of the migrant workers in question which it hopes will permit their inclusion in all the measures the Committee hopes the Government will soon take to ensure that the admittedly harsh conditions of work and the precarious occupational safety and health conditions will be improved. It hopes the Government will continue to follow up the situation closely and that it will keep the Office informed of all developments in this regard.

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

The Committee notes with interest the detailed information provided by the Government in its report, and particularly the information on the application of Articles 11(b) and (d), 13 and 19(f) of the Convention, thereby responding to the comments made by the Workers' Labour Union (USO) -- regional union of Gijón. The Committee also notes the many legal texts on occupational safety and health which were attached. The Committee will examine the content of the above texts at one of its forthcoming sessions. The Committee also requests the Government to continue providing information on the activities of the National Institute for Occupational Safety and Health (INST) which are related to the application of the Convention.

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

With reference to its previous direct request, the Committee requests the Government to send additional clarifications on the following points:

1. Article 11(b). The Committee notes the Government's indication that workplace hygiene is evaluated taking into consideration the effects of simultaneous exposure to more than one agent. The Government is requested to continue to provide information in its future reports on any prohibitions or limitations made upon the use of substances or agents due to consideration given to the effects of simultaneous exposure to several hazards.

2. Article 11(d). The Committee notes with interest the information provided by the Government to the effect that the computerization of investigation and control of occupational accidents undertaken by the National Institute for Occupational Safety and Health (INSHT) is progressing. The Committee notes that this plan is still at the pilot stage and has not yet been implemented at national level. It requests the Government to continue to provide information in its subsequent reports on the progress made in implementing this plan at the national level.

3. Articles 13 and 19(f). The Committee notes the indication that the measures taken by the workers' representatives or the competent safety authorities under section 19(5) of the Workers' Charter (Act No. 8 of 14 March 1980) will be based upon assessment of the high probability of accident. It has also noted the indication that, if this is not possible, the weight of importance placed by the law upon the general duty to the employer would be lessened in the event of an imminent and serious danger to occupational safety and health. In its comments, the Trade Union Confederation of Workers' Commissions (CC.OO.) indicated that the right to remove oneself from imminent and serious danger was available to individual workers and that judicial recourse could be made on the matter. The Government states in its report that the future Act on prevention of occupational hazards will specifically establish the worker's right in this regard, in accordance with European Community Directive No. 89/391. The Committee hopes that the new Act will ensure workers' rights in the event of serious and imminent dangers, in accordance with Articles 13 and 19(f) of the Convention, and requests the Government to indicate in its next report the progress made in this regard.

4. Article 14. The Committee notes the comment made by the CC.OO. that questions of occupational safety and health are not included at all levels of education and training as called for by the Convention. The Committee also notes that, under section 7 of Royal Decree No. 577 of 1982, the National Institute for Occupational Safety and Health (INSHT) is responsible for programming, organizing and carrying out plans and training courses for occupational safety and health technicians. The Government is requested to indicate in its next report any measures taken by the INSHT or other competent authority to ensure that questions of occupational safety and health are included at all levels of education and training.

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

1. The Committee notes the comments made by the Workers' Labour Union (USO) - regional union of Gijón concerning the hazard which may affect female workers and their families, from a contract firm in the cleaning service of the General Hospital of Asturias since they are obliged to wash their work clothes at home, in contrast to national health institute staff whose clothes are laundered at the workplace. The trade union organization indicates that the hygiene measures required by the Community Standard regarding all staff of the regional hospital centre are not applied to cleaning workers. It expresses its disagreement with the report issued by the Provincial Technical Office of Asturias which states that the hygiene working conditions of the staff who clean the rooms and other premises in the General Hospital of Asturias are satisfactory, and that the workers receive a gown, masks and disposable gloves as working clothes. The report concludes also that the risk of contagion from certain diseases carried on working clothes is remote.

The Committee notes that the Government refers to section 138 of the General Ordinance on Safety and Hygiene at Work which does not allow working clothes for workers exposed to toxic, irritant or infectious substances to be taken away from the factory. It also refers to the opinion of the Service for Preventive Medicine of the General Hospital which considers it unnecessary for work clothes of cleaning staff to be dealt with at the hospital laundry and states that they can be washed at laundries of any type or at domestic level. At the same time, the Government considers it appropriate to request that in the event of obvious contamination of cleaning staff's work clothes, they should be immediately decontaminated or destroyed.

The Committee recalls that, in accordance with Article 2, paragraph 1 of the Convention, this international instrument applies to all workers in the branches of economic activity covered and that, under Article 4, paragraph 2, the aim of the coherent national policy on occupational health and safety shall be to prevent accidents and injury to health arising out of work. The Committee hopes that effective measures will be adopted for the purpose of preventing contamination of the cleaning staff and requests the Government to supply information on any progress made in this matter.

2. With reference to the previous observation, the Committee notes the adoption of Act No. 31/1995 of 8 November on Prevention of Occupational Risks. The Committee will examine this text at a coming session.

3. The Committee has raised other points in a direct request sent to the Government in 1994.

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

With reference to its observation, the Committee notes with interest the information provided in the Government's report concerning the application of Articles 5(e) and 12 of the Convention. The Committee also takes note of the comments made by the Trade Union Confederation of Workers' Commissions (CC.OO.) communicated to the Office in a letter dated 21 October 1993 concerning the application of certain Articles of the Convention. The Government is requested to provide further clarification on the following points:

1. Article 11(b). The Committee notes the indication in the Government's report that workplace hygiene is evaluated taking into consideration the effects of simultaneous exposure to more than one agent. The Government is requested to continue to provide information, in its future reports, on any prohibitions or limitations made upon the use of substances or agents due to the consideration given to the effects of simultaneous exposure to several substances or agents.

2. Article 11(d). The Committee notes with interest the information provided by the Government concerning the computerization plan for the investigation and control of occupational accidents to be undertaken at the National Institute for Occupational Safety and Health (INSHT). It notes that this plan is still in the pilot stage and has not yet been implemented at the national level. The Government is requested to continue to provide information in its subsequent reports on the progress made in implementing this plan at the national level.

3. Article 13 and Article 19(f). The Committee notes the indication in the Government's report that the measures taken by the workers' representatives or the competent safety authorities under section 19(5) of the Workers' Charter (Act No. 8 of 14 March 1980) will, if necessary, be based upon a request from the workers concerned. It further notes the Government's indication that, if this is not possible, the weight of importance placed upon the general duty to the employer would be lessened in the event of an imminent and serious danger to the worker's safety and health. In its comments, the Trade Union Confederation of Workers' Commissions (CC.OO.) indicated that the right to remove oneself from imminent and serious danger was available to individual workers only on a case-by-case basis through judicial recourse. The Government states, in its report, that the future Act on prevention of occupational risks will specifically establish the worker's right in this regard, in accordance with the European Community Directive No. 89/391. The Committee hopes that the new Act will ensure workers' rights in the event of serious and imminent dangers in accordance with Articles 13 and 19(f) of the Convention and requests the Government to indicate, in its next report, the progress made in this regard.

4. Article 14. The Committee notes the comment made by the CC.OO. that questions of occupational safety and health are not included at all levels of education and training as called for by the Convention. The Committee also notes that, under section 7 of Decree No. 577 of 1982, the National Institute for Occupational Safety and Health (INSHT) is responsible for programming, organizing and carrying out plans and training courses for occupational safety and health technicians. The Government is requested to indicate, in its next report, any measures taken by the INSHT or other competent authority to ensure that questions of occupational safety and health are included at all levels of education and training.

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

With reference to its previous comments, the Committee notes the information provided in the Government's report and the comments made by the General Workers' Union (UGT) and the Trade Union Confederation of Workers' Commissions (CC.OO.) in communications dated 19 September and 4 October 1993 respectively and transmitted to the Office by the Government.

In previous observations, the Committee had noted the Government's indication in its report for the period ending 30 June 1987 that the Ministry of Labour was preparing a legal text on safety and health at work to deal with, in particular, the coordination between the authorities and bodies with responsibility in this area, and the rights and duties of employers and workers. The Committee recalled that Article 4 of the Convention provided that a coherent national policy on occupational safety, occupational health and the working environment be formulated, implemented and reviewed in consultation with the most representative organizations of employers and workers. It expressed the hope that a coherent national policy on occupational safety, occupational health and the working environment would be formulated in the near future and that it would ensure coordination between the relevant authorities and bodies (Article 15), the lack of which had been commented upon by the CC.OO. in 1987.

In its latest report, the Government has indicated that regulatory standards concerning working conditions are constantly being adopted and brought up to date and that the national policy concerning occupational safety and health exists in the form of such standards which set forth the rights and duties of workers and employers at the level of the enterprise and at the national level. The Government adds, however, that the process of legislative reform is currently being negotiated with the social partners but there has, as yet, been no complete agreement in this regard. The UGT has stated in its comments that the existence of a preventive policy on occupational safety and health depends upon the approval of the draft Act on prevention of occupational risks which, they assert, has already received the consensus of the social partners. The CC.OO. has noted that the draft Act, which they state has already been discussed with the social partners, has not yet been sent to Parliament. The Committee once again expresses the hope that a coherent national policy on occupational safety and health will be adopted in the near future.

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

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

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

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

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

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

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

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

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

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

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

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

I. The Committee has noted the comments made by the Staff Association of Local Police of the Trade Union Confederation of Workers' Commissions transmitted in a communication of 1 March 1991. It further notes the Government's reply to these comments dated 25 October 1991. The Committee is dealing with these comments and a number of other points in a request addressed directly to the Government.

II. The Committee notes with regret that the Government has not replied to its previous observation with respect to information provided by the Trade Union Confederation of Workers' Commissions (CC.00.) in 1987 concerning the absence of a national policy on occupational safety and health as required by Article 4 of the Convention. The Committee must, therefore, request the Government once again to provide information on the following matters:

In its previous observation, the Committee noted the Government's indication in its first report that the Ministry of Labour was preparing a legal text on safety and health at work to deal with, in particular, the coordination between the various authorities and bodies having a responsibility in the field of safety and health, and the rights and responsibilities of employers and workers. In its report for the period ending 30 June 1989, the Government indicated that no text had been promulgated because the Government was waiting for the final approval of EEC Directive No. 391 of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work. The Committee recalled that Article 4 of the Convention provided that a coherent national policy on occupational safety, occupational health and the working environment be formulated, implemented and reviewed in consultation with the most representative organisations of employers and workers.

The Committee also noted the CC.00's indication that, in view of the lack of a coherent national policy concerning occupational safety and health, Article 15 -- which concerns the necessary coordination between various authorities and bodies called upon to give effect to this policy -- cannot be properly applied. The Committee recalled that the arrangements made to ensure this coordination should be taken in consultation with the most representative organisations of employers and workers. The Government had indicated the coordination provided for in the organisational structure which already exists in the field of occupational safety and health. The Committee expressed the hope that a coherent national policy on occupational safety, occupational health and the working environment would be formulated in the near future and that the organisational structure put into place by this policy would provide for the necessary coordination between the authorities and bodies concerned.

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

The Committee notes the information contained in the Government's report, the comments made by the Occupational Union of Uniformed Police (SPPU), transmitted in a communication dated 13 January 1989, the comments made by the Trade Union Confederation of Workers' Committees (CC.OO.) dated 12 September 1987 and the Government's reply to these observations.

1. The SPPU had indicated in its observations that there were a number of safety and health problems (in particular, insufficient lighting, changing facilities, washrooms, fire-fighting equipment, etc.) in the Fuengirola and Marbella police stations. In its reply of 13 June 1989, the Government indicated that, on 10 November 1988, the General Directorate for Police of the Ministry of Interior issued internal Circular No. 33 creating an occupational health committee, with trade union representation, in each province. The Government also indicated that the Fuengirola and Marbella police stations had recently been inspected by the Health Service of the Directorate General for Police and that they were in the process of rectifying the irregularities. The SPPU has indicated that although it has asked for a copy of the report resulting from the inspection of the Fuengirola police station, the report has not yet been received. In this regard, the SPPU has made reference to Article 19(e) of the Convention whereby arrangements are to be made at the level of the undertaking to ensure that workers or their representatives are enabled to inquire into, and are consulted by employers on, all aspects of occupational safety and health associated with their work. The Committee would also recall that Article 8 requires that the steps necessary to give full effect to the national policy on occupational safety, occupational health and the working environment, be taken in consultation with the representative organisations of employers and workers concerned. Moreover, Parts II, III and IV of the Convention indicate that a coherent national policy on occupational safety, occupational health and the working environment should be based upon consultation and co-operation at all levels, from the working group to the national level. The Committee notes with interest the creation of occupational health committees to deal with the special problems faced by police in their working environment and requests the Government to indicate any further measures taken to ensure that in giving effect to this Convention there is consultation and co-operation at all levels.

2. The Government is requested to provide additional information on the following points:

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

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

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

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

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

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

The Committee has noted the comments made by the Occupational Union of Uniformed Police (SPPU), transmitted in a communication dated 13 January 1989, the comments made by the Trade Union Confederation of Workers' Commissions (CC.OO.) dated 12 September 1987 and the Government's reply to these observations.

1. The Committee has noted the information provided by the CC.OO. concerning the absence of a national policy on occupational safety and health required by Article 4 of the Convention. The Government had indicated, in its first report, that the Ministry of Labour was preparing a legal text on safety and health at work to deal with, in particular, the co-ordination between the various authorities and bodies having a responsibility in the field of safety and health, and the rights and responsibilities of employers and workers. In its latest report, the Government indicated that no text has yet been promulgated because the Government is waiting for the final approval of EEC Directive No. 391 of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work. The Committee would again recall that Article 4 of the Convention provides that a coherent national policy on occupational safety, occupational health and the working environment shall be formulated, implemented and reviewed in consultation with the most representative organisations of employers and workers.

The CC.OO. has also indicated that, in view of the lack of a coherent national policy concerning occupational safety and health, Article 15 which concerns the necessary co-ordination between various authorities and bodies called upon to give effect to this policy cannot be properly applied. The Committee would recall that the arrangements made to ensure this co-ordination shall be taken in consultation with the most representative organisations of employers and workers. The Government has indicated the co-ordination provided for in the organisational structure which already exists in the field of occupational safety and health. The Committee hopes that a coherent national policy on occupational safety, occupational health and the working environment will be formulated in the near future and that the organisational structure put into place by this policy will provide for the necessary co-ordination between the authorities and bodies concerned.

2. The SPPU in its comments refers to a number of safety and health problems in the Fuengirola and Marbella police stations and the absence of appropriate consultation and co-operation by the authorities with the representative organisations of the workers concerned. The Committee is dealing with these matters and a number of other points in a request addressed directly to the Government.