Observation (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

Convention (n° 155) sur la sécurité et la santé des travailleurs, 1981 - Espagne (Ratification: 1985)

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.