Solicitud directa (CEACR) - Adopción: 1999, Publicación: 88ª reunión CIT (2000)

Convenio sobre el medio ambiente de trabajo (contaminación del aire, ruido y vibraciones), 1977 (núm. 148) - España (Ratificación : 1980)

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

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

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

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

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

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