Observación (CEACR) - Adopción: 2014, Publicación: 104ª reunión CIT (2015)

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

The Committee notes the observations made by the Trade Union Confederation of Workers’ Commissions (CCOO) and by the General Union of Workers (UGT) received on 12 and 29 August 2014 respectively. The Committee notes the Government’s response to these observations, received 25 November 2014. It will examine these comments in due course.

Article 6(2) of the Convention. Duty to collaborate when several employers undertake activities simultaneously at one workplace. The Committee notes the statement of the UGT that the law is strict on the duty to coordinate employers who simultaneously perform activities in one workplace. Nonetheless, according to that trade union, in practice, when an enterprise detects a specific hazard during a preliminary evaluation of an activity to be performed which may imply a particular problem, the enterprise in question subcontracts another enterprise to perform the hazardous work, so as to transfer the responsibility to the subcontractor, and avoid assuming responsibility for possible damage and consequences to which the subcontractor’s workers might be subjected. In this respect, the Committee reminds the Government that Article 6(2) stipulates that, when several employers undertake activities simultaneously at one workplace, they have the duty to collaborate to apply the prescribed measures. The collaboration between employers in the area of occupational safety and health is, therefore, not optional but rather a duty. Consequently, the Committee requests the Government to adopt the necessary measures to give full effect to this Article in practice, including in cases of subcontracting, and to provide information on the monitoring activities carried out in this respect.

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