Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 136) sur le benzène, 1971 - Espagne (Ratification: 1973)

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 22 August and 29 August 2014, respectively. The observations of the CCOO were also included in the Government’s report, received on 10 September 2014.

Article 4 of the Convention. Prohibition on the use of benzene and of products containing benzene as a solvent or diluent. Transport workers and those working in loading and unloading. The Committee notes the indication of the CCOO that, under Royal Decree No. 665/97, the first preventive principle relating to carcinogenic substances is to seek an alternative to their use and, although the National Occupational Safety and Health Institute (INSHT) has developed technical notes on prevention, such as Note No. 712 which sets out criteria for replacing substances and products, their application is voluntary. It adds that the limits established for carcinogenic substances should not be considered satisfactory, as there is still a risk even within the established limits. For its part, the UGT indicates that benzene is classed as a category 1A carcinogen and a category 1B mutagen under Royal Decree No. 1272/2008. Although its use in Spain is limited, there are still occupations in which workers are in contact with this highly dangerous chemical. The UGT refers in particular to petrol station workers and fuel transport drivers, who are exposed to risks during refuelling operations. It emphasizes that these workers should be protected and that it would be advisable to establish compulsory protection measures. With regard to the questions raised in its previous comments, the Committee notes the Government’s indication that the fourth additional provision of Royal Decree No. 87/2014 of 14 February, regulating operations for the transport of dangerous goods by road in Spain, refers to the relevant occupational safety and health (OSH) standards in force, namely Act No. 31/1995 on the prevention of occupational risks and the corresponding regulations, and particularly Royal Decree No. 374/2001 on the protection of OSH against risks relating to chemical agents during work, which applies to workers who are potentially at risk of exposure to toxic and flammable products such as benzene. It also indicates that section 1(2) of Decree No. 665/1997 of 12 May sets out the minimum requirements applicable in activities in which workers are or may be exposed to carcinogenic substances, including transport workers, and particularly those engaged in loading and unloading. The Committee requests the Government to indicate the occupations in which workers are in contact with benzene and the mandatory protective standards that give effect to the Convention for these categories, including transport workers and workers engaged in loading and unloading.

Article 11(1). Prohibition on employing pregnant women and nursing mothers in work that involves exposure to benzene. Legislation and application in practice. With reference to its previous comments, the Committee duly notes the information provided by the Government indicating that benzene and products containing benzene are included in Annexes VII and VIII of Royal Decree No. 39/1997, to promote the improvement of OSH for pregnant workers. The Committee also notes the UGT’s indications that if there is no alternative position available, benefits are provided by the social security mutual funds for occupational accidents and diseases. However, it emphasizes that the mutual funds should not delay in granting the benefits, as benzene has harmful effects on both the mother and the foetus during the first three months of pregnancy. The mutual funds should also provide information on these benefits, as there is a significant lack of information available and many workers choose to request leave on grounds of common illness, which results in a reduction of their earnings. Finally, the UGT refers to prevention services and emphasizes the importance of chemical and biological hazard assessment and the design of preventive measures by sufficiently qualified staff. The Committee requests the Government to provide information on how it ensures that application of this Article of the Convention in practice.

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