92000E1106

WRITTEN QUESTION E-1106/00

by Camilo Nogueira Román (Verts/ALE) to the Commission

(7 April 2000)

Subject: The Spanish Government's failure to comply with Law No 31 of 8 November 1995 on the prevention of hazards at work

Council Directive 89/391/EEC(1) on the introduction of measures to encourage improvements in the safety and health of workers at work was transposed by the Spanish Government in Law No 31/95 of 8 November 1995 on the prevention of hazards at work.

One of the obligations laid down in the law is that the health committee of any firm with more than 100 employees should consist of four members appointed by the trade union and four others appointed by the authorities. However, the prison of A Lama, in Pontevedra, Galicia, which has more than 100 employees, does not comply with this requirement, since the health committee does not have any members appointed by the authorities, which adversely affects its efficiency. As a result the officials appointed by the trade union complained to the Director of the prison, the Director-General for Prisons, the Ministry for the Civil Service and the Ombudsman, without managing to obtain a solution to the problem.

In view of this failure to fulfil obligations, what steps will the Commission take to ensure Spanish central government's compliance with laws such as the aforementioned Directive and remedy this current form of discrimination?

(1) OJ L 183, 29.6.1989, p. 1.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(17 May 2000)

Articles 10 and 11 of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(1) (Framework Directive) lay down rules on information, consultation and balanced participation of workers and/or their representatives in the field of safety and health at work in accordance with national laws and/practices.

In accordance with Article 4 of Directive 89/391/EEC, it is the responsibility of the Member States to ensure adequate controls and supervision of the national provisions implementing this Directive.

Consequently, any possible infringements of the national provisions implementing the Directive must be brought to the attention of the relevant Spanish authorities, i.e. the labour and social security inspectorate, which must organise and carry out the necessary inspections and checks to ensure proper application of these provisions.

Should the Commission receive specific information suggesting that the Spanish authorities have failed to monitor the application of the national provisions implementing Directive 89/391/EEC, it will take the necessary action.

(1) OJ L 183, 29.6.1989.