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Legislation. The Committee notes the reference by the Government in its report to the large amount of legislation adopted on occupational safety and health, such as Royal Decree No. 2177/2004 of 12 November, amending Royal Decree No. 1215/1997 of 18 July, establishing minimum safety and health provisions for the use by workers of work equipment in relation to temporary work at heights. Nevertheless, a large part of the legislation referred to is of a general nature and the Government does not provide information on the respective provisions of the legislation that relate to the application of the Convention. The Committee also refers to its latest comments on the application of the Occupational Safety and Health Convention, 1981 (No. 155), in which it noted that in recent years the national legislation has distanced itself from the traditional approach of considering occupational safety and health from the viewpoint of the compensation of damage, and replaced it with a fundamentally preventive approach. It further notes that, in its 2009 report on Convention No. 155, the Government refers to the approval, on 29 June 2007, of the Spanish Occupational Safety and Health Strategy 2007–2012, setting out a series of objectives for public policies. The Committee also notes that changes are occurring in relation to the application of the Convention, such as the submission on 27 March 2009 by the Council of Ministers to the Cortes Generales of a bill on ports which is under examination. Taking into account the major transformations that have occurred recently in this area, resulting in far-reaching legislative changes, the Committee requests the Government to provide a detailed report on the manner in which the legislation gives effect to the Convention. The Committee requests the Government, when preparing its report, to indicate clearly the legal provisions and sections which give expression in law to each of the Articles of the Convention. The Committee also requests the Government to provide information on any developments relating to the Ports Act as it relates to the application of the Convention.

Technical standards. The Committee takes this opportunity to draw the Government’s attention to the ILO code of practice on safety and health in ports (Geneva, 2005), which may be of use to it in the formulation of technical standards to give effect to the Convention. The code of practice is available on the ILO web site at: www.ilo.org/public/english/dialogue/sector/techmeet/messhp03/
msshp-cp-b.pdf.

Pending matters. The Committee requests the Government to provide information on a number of matters previously raised by the Committee to which the replies provided by the Government in its latest report do not enable the Committee to consider sufficiently resolved. The Committee therefore requests the Government to provide information on the following matters.

Article 25 of the Convention. Certificates and register of lifting appliances and items of loose gear. The Committee requests the Government to specify in its next report: (a) whether the certificates which provide prima facie evidence of the safe condition of lifting appliances and items of loose gear are issued by authorized persons; and (b) whether a register of lifting appliances and items of loose gear shall be kept in accordance with the provisions of Article 25(2) and (3), and account being taken of the model recommended by the ILO. The Committee requests the Government to provide copies of the documents referred to.

Article 38, paragraph 2. Prohibition against entrusting persons under 18 years of age with the operation of lifting appliances and other cargo-handling appliances. In its previous comments, the Committee noted the indication in the observations made by the Trade Union Confederation of Workers’ Committees (CCOO), dated 21 October 1993, that there was no provision in the national legislation prohibiting the employment of persons under 18 years of age as operators of cargo-handling appliances in ports, as required by Article 38(2) of the Convention. The Committee requested the Government to provide information on the legislative provisions that give effect to this Article. The Committee notes that the Government’s report refers to collective agreements adopted, but does not provide the information requested. Furthermore, the Committee has examined the Resolution of 21 November 2005 requiring inclusion in the register and the publication of the Second Collective Agreement for State Ports and Port Authorities which, under the terms of clause 2, is in force from 1 January 2004 until 31 December 2009. Clause 12(c) of the Collective Agreement provides that the requirements for entry into employment shall include reaching the age set out by the law. Therefore the question raised by the Committee remains pertinent. The Committee therefore requests the Government to indicate clearly the legal provisions which establish that lifting appliances or other cargo-handling appliances shall not be operated by persons under 18 years of age.

Part V of the report form. Application of the Convention in practice. Please provide a general appreciation of the manner in which the Convention is applied in the country, the number of workers covered by the Convention, the number and nature of the contraventions reported and the resulting action taken, and the number of accidents reported in relation to the provisions of the Convention, with an indication of trends relating to the types of accidents, their causes and the measures adopted as a result.

[The Government is asked to report in detail in 2012.]

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The Committee notes the Government's reply to the comments made by the Trade Union Confederation of Workers' Committees (CCOO) on the application of the Convention.

1. Article 38, paragraph 2, of the Convention. In its previous observation the Committee noted that, in comments of 21 October 1993, the CCOO indicated that there was no provision in the national legislation prohibiting the employment of persons under 18 years of age as operators of cargo-handling appliances in ports, in accordance with Article 38, paragraph 2, of the Convention. In this connection the above Confederation referred to Royal Legislative Decree No. 2/1986 concerning the employment of dockers and Royal Legislative Decree No. 145/1989 to approve the national rules for the handling and storage of dangerous cargoes in ports.

In its reply the Government refers to the Decree of 26 July 1957 establishing work which may not be done by women and minors, which, according to the Government, is still in force for minors. Under section 1(c) of the above Decree, workers under 18 years of age may not operate machines which involve a clear risk of accident having regard to the purpose for which they are used. More specifically, the operation of lifts, goods elevators and mechanical lifting appliances is included (under group XXIV) is in the list of activities prohibited for workers of under 18 years of age appended to the Decree. The Government also points out that under section 30 of the Regulations on the Safety, Health and Well-being of Dockers adopted by the Ministerial Order of 6 February 1971, the operation of mechanical appliances is prohibited for persons who do not have the necessary qualifications; sections 37 and 40 of the Regulations sets out the ways in which vocational training is to be developed for workers operating such appliances, and section 154 of the Regulations provides that only persons with the requisite qualifications may operate certain lifting and cargo-handling appliances, which are listed therein.

The Committee takes due note of this information. It also notes that article 13 of the fifth inter-provincial collective agreement for dockers subject to the labour legislation concluded in 1983 for a period of one year, provided that persons of between 16 and 18 years in dock work could only be apprentices and could not move to another category of workers before reaching the age of 18. The Committee asks the Government to indicate whether there is currently any provision of this type applying to workers of under 18 years of age and, if so, to provide a copy.

2. With regard to a number of other provisions of the Convention, the Committee refers to the comments which it made in the form of a request addressed directly to the Government in 1993.

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1. Article 38, paragraph 2, of the Convention. The Committee notes the comments made by the Trade Union Confederation of Workers' Commissions (CC.00.), dated 21 October 1993. In its comments, the Confederation states that there is no provision in national legislation prohibiting the employment of persons under 18 years of age as operators of cargo handling appliances in ports, as set out in Article 38, paragraph 2, of the Convention. The Confederation refers in this respect to Royal Legislative Decree No. 2/1986 respecting the employment of dockers, and Royal Decree No. 145/1989 to approve the national rules for the handling and storage of dangerous cargoes in ports. The Committee hopes that the Government will supply information in reply to the comments made by the CC.OO., with an indication of the measures which have been taken or are envisaged to give effect to the above provision of the Convention.

2. With regard to a number of other provisions of the Convention, the Committee refers to the comments which it made in the form of a request addressed directly to the Government in 1993.

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I. The Committee notes the information supplied by the Government in its latest report, in particular with regard to the safety and health measures applying to workers engaged in dock work in harbours (including interior navigation harbours) which are not considered as being "of general interest".

II. The Committee requests the Government to supply additional details on the following points which had been the subject of earlier comments.

1. Articles 1 and 2 of the Convention. The Committee notes the Government's indication in its latest report that the Convention itself applies to the work of loading or unloading certain ships - including fishing vessels of less than 100 tons gross weight - so as to ensure that this work is performed in safe conditions.

Since under Article 4(1)(a) of the Convention national law or regulations shall prescribe that measures complying with Part III of the Convention be taken with a view to providing and maintaining workplaces, equipment and methods of work that are safe and without risk of injury to health, the Committee requests the Government to indicate the provisions applying to the loading and unloading of the ships concerned which ensure that the work mentioned is performed in safe conditions.

2. Article 16(2). In its earlier comments the Committee had observed that the regulations respecting road traffic and the inspection of vehicles in general, to which the Government had referred in its comments for the period ending 30 June 1987, are not sufficient to give full effect to this provision of the Convention and it had asked the Government to indicate the means used for the transport of workers to and from a workplace and the safeguards provided for the safety during this transport.

The Government has stressed in its latest report the general nature of this provision of the Convention. The Committee requests the Government to specify in its next report whether all means used for the transport of workers to and from a workplace on land offer the required safeguards for their safety. It also requests the Government to supply copies of any laws or regulations which may apply to means used for the transport of workers in the country's harbours.

3. Article 25. The Committee notes with interest from the information supplied by the Government in its latest report that the national legislation will be amended in the sense of the Convention in conformity with the modification, at present under examination, of the EEC directive 89/655 of 30 November 1989. The Committee hopes that these amendments of the national legislation will be adopted in the near future and that the Government will supply copies of the amending texts as soon as they are adopted.

4. Referring to its earlier comments, the Committee also requests the Government to specify in its next report: (a) whether certificates providing prima facie evidence of the safe conditions of lifting appliances and of items of loose gear are established by authorized persons; and (b) whether a register of lifting appliances and loose gear must be kept in conformity with Article 25(2) and (3) of the Convention, account being taken of the model recommended by the ILO. The Government is requested to supply copies of the documents mentioned.

5. Article 31. The Committee notes the provisions of the Order of 31 July 1979 of the Ministry of Industry and Energy for the application of the international Convention on the safety of containers, appended to the Government's latest report. It notes, however, that this text does not include provisions givening effect to Article 31 of the Convention. The Committee requests the Government to indicate the measures taken to ensure that the freight container terminals be laid out and operated in such a manner as to ensure, so far as is reasonably practicable, the safety of workers; and to indicate the means provided for ensuring the safety of workers lashing or unlashing the containers on the carrier ships.

6. The Committee again requests the Government to supply relevant extracts of the regulations on the internal organization of Spanish ports, referred to by the Government in its report for the period ending 30 June 1987.

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I. The Committee takes note of the Government's report and the legislation appended to it. It notes the replies to its previous comments and particularly the information concerning the application of the following Articles of the Convention: Article 13, paragraphs 4 to 6 (safety measures in the event of the cleaning, adjustment and repair of machines); Article 22, paragraphs 1, 3 and 4, and Articles 23 and 24, paragraph 1 (testing, from the point of view of their operation and safety measures, of every lifting appliance and every item of loose gear before putting it into use for the first time, after any substantial alteration or repair and at regular intervals).

II. With regard to the other points that it raised in its previous comments, the Committee would note the following:

1. Articles 1 and 2 (definition of dock work and exceptions concerning certain docks where the traffic is irregular, as well as in respect of fishing vessels). The Government refers in its report to the adoption of new legislation respecting the working conditions of persons engaged in dock work, namely Royal Legislative Decree No. 2 of 23 May 1986 and the various regulations issued thereunder. By virtue of this legislation, the above workers acquire the status of public employees and come under the authority, with regard to their employment relationship, of state companies set up by virtue of the regulations issued under the above Legislative Decree. The Government states in its report that the new legislation, which repealed the 1974 Ordinance on dock work, was formulated and adopted after consultations with all the occupational organisations concerned, and not only the most representative organisations.

The Committee takes due note of this statement and requests the Government to indicate:

(a) whether the loading and unloading of certain ships (including fishing vessels of under 100 gross tons) which are not included in the definition of dock work for the purposes of the application of this legislation, by virtue of section 2(a), (c) and (f) of Legislative Decree No. 2/1986 and of section 3(a), (c) and (f) of Royal Decree No. 371 of 13 March 1987 to implement the regulations issued under the above Legislative Decree, are performed in conditions of safety ensuring advantages corresponding to those set forth in the Convention, in accordance with Article 2, paragraphs 1(a) and 2, and, if so, to cite the provisions that are applicable in this respect;

(b) whether the new legislation on dock work is made applicable, in practice, to ports in the country (including internal navigation ports) which are not considered to be "of general interest", as provided for by section 1, paragraph 2, of Legislative Decree No. 2/1986; if this is not the case, the Committee wishes to be informed of the provisions concerning health and safety measures that are applicable to workers engaged in dock work in the above ports.

2. Article 16, paragraph 2 (transport of workers on land). Please indicate the means used for the transport of workers to and from a workplace on land and the safeguards provided for their safety during this transport, in accordance with the above provision of the Convention; the regulations respecting road traffic and the inspection of vehicles in general, referred to in the report, are not sufficient to give full effect to the Convention on this point.

3. Article 25 (records, certificates and registers). The Committee notes that section 103 of the General Occupational Safety and Health Ordinance of 1971, to which the Government refers, provides that the results of the examination and tests of lifting appliances, and the necessary repairs, shall be recorded in an appropriate book. It requests the Government to indicate: (a) whether certificates providing prima facie evidence of the safe condition of these appliances, and of items of loose gear, are also established by authorised persons; and (b) whether the "appropriate book", referred to in section 103 above, corresponds to the register laid down in paragraphs 2 and 3 of Article 25 of the Convention in the sense that it contains the information set forth in this provision, account being taken of the models recommended by the International Labour Office with regard, where appropriate, to the testing, thorough examination and inspection of such appliances. (Please supply a copy of the above documents in accordance with the report form for this Convention.)

4. Article 31 (safety measures regarding containers). The Committee notes the information supplied by the Government concerning the national provisions giving effect to the International Convention on Safety in the Use of Containers of 1972. The Committee requests the Government to supply with its next report the text of the Order, dated 31 July 1979, issued by the Ministry of Industry and Energy, and relevant extracts of the regulations on the internal organisation of Spanish ports, referred to by the Government in its report.