Observación (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

Convenio sobre seguridad y salud de los trabajadores, 1981 (núm. 155) - España (Ratificación : 1985)

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.