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

Convention (n° 148) sur le milieu de travail (pollution de l'air, bruit et vibrations), 1977 - Espagne (Ratification: 1980)

The Committee takes note of the information supplied in the Government's report and notes the comments made by the Trade Union Confederation of Workers' Commissions (CC.OO.), submitted in a communication dated 12 September 1989, as well as the Government's reply. The Committee requests the Government to provide further information on the following points:

Article 8, paragraph 1, of the Convention. The Committee notes the indication in the Government's report that regulations concerning the protection of workers against the hazards due to exposure to noise in the workplace have been drafted and are awaiting the opinion of the State Council. It notes with interest that these regulations have been drafted in consultation with the most representative employers' and workers' organisations concerned. The CC.OO., however, has indicated in its comments, that these regulations only protect workers from risks to their hearing and do not take into account other health hazards caused by exposure to noise. In this regard, the Committee would like to call attention to Appendix 2 of the ILO Code of Practice on Protection of Workers Against Noise and Vibration in the Working Environment. The first paragraph of Appendix 2 states: "The effects of noise may be physiological, mental and pathological; a distinction is made between the effects on hearing, the effects on other organs of perception and the general effects." The various health hazards due to noise are described in this appendix.

The CC.OO. has also indicated that the new regulations proposed by the Government raise the limit of exposure to noise from 80 dB, the limit set in present standards, to 85-90 dB. The Government indicates in its report that these new draft regulations on exposure to noise will bring national law into conformity with the EEC Directive No. 86/188 on the protection of workers from the risks related to exposure to noise at work. The Committee notes, however, that section 5 of EEC Directive No. 86/188 calls for noise levels at the workplace to be reduced to the lowest level reasonably practicable. Concerning potential health hazards due to noise levels of 85-90 dB, the Committee would again refer the Government to Appendix 2 of the ILO Code of Practice on Protection of Workers Against Noise and Vibration in the Working Environment.

The Committee requests the Government to indicate the criteria established for determining the hazards of exposure to noise and to indicate whether any exposure limits have been specified on the basis of these criteria.

Article 8, paragraph 3. The Committee notes the statement in the Government's report indicating that occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace are taken into account when establishing and revising the criteria for determining the hazards and the exposure limits based on these criteria. The Government is requested to indicate the manner in which simultaneous exposure is taken into consideration in the process for establishing and revising criteria for determining hazards and exposure limits and to indicate whether such consideration has had any effect on exposure limits set.

Article 9. In its previous comments, the Committee had noted the comments made by the General Union of Workers (UGT) concerning the absence of any provisions for technical or supplementary organisational measures to eliminate hazards due to air pollution or noise. The Committee notes with interest the information provided in the Government's report concerning the creation, by Resolution of 11 February 1985, of a tripartite commission charged with supervising the application of the asbestos regulations. It also notes with interest the Order of 7 January 1987 which requires every undertaking with activities or operations involving the use of asbestos to establish a workplan including organisational and technical measures taken to reduce the risks of exposure. The Committee requests the Government to supply further information on any other technical or organisational measures prescribed for work processes involving exposure to other air pollutants and exposure to noise.

Article 13. The Committee notes with interest the booklets elaborated by the Occupational Safety and Health Institute in co-operation with the most representative workers organisations containing information on various occupational hazards and the way of preventing risks due to these hazards. The Government is requested to indicate the manner in which workers are provided with or may obtain these booklets. Furthermore, the Committee notes the Government's indication that national legislation will be revised to include more detailed provisions concerning the provision of information to workers on the basis of the EEC Directive No. 89/391 on the introduction of measures to encourage improvements in the safety and health of workers at work. The Government is requested to indicate, in its next report, any progress made in this regard.

Article 14. The CC.OO. has indicated in its comments that the budget for the Occupational Safety and Health Institute has been reduced by one-third and the number of personnel of the Institute has been reduced by one-quarter. As such a reduction might affect the effectiveness of the Institute, the Committee requests the Government to indicate whether any new measures have been taken to promote research in the field of prevention and control of hazards in the working environment due to air pollution and noise (such as the establishment of new institutes or the transfer of resources to other bodies for this purpose).