Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

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

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.