WRITTEN QUESTION E-3100/02

by Laura González Álvarez (GUE/NGL) to the Commission

(28 October 2002)

Subject: Workplace accidents in Spain

The increase in the number of deaths resulting from accidents in the workplace in the last few months, most of which occurred in the construction and services sector, is giving cause for concern in Spain. The number of deaths from work-related accidents shot up by 9,96 % in the first half of this year, totalling 574, according to official data published in the Spanish press. Within the EU, one in five deaths caused by a workplace accident in 2001 occurred in Spain.

Can the Commission state whether the Kingdom of Spain has correctly transposed all the Community legislation concerning health and safety at work?

Can the Commission supply, in accordance with the Community measures adopted in order to improve health and safety in the workplace in the EU, a comprehensive final report containing an evaluation of Spain's main activities in this matter?

The Framework Directive 89/391/EEC(1) on the introduction of measures to encourage improvements in the safety and health of workers at work enforces the principle of prevention. Article 6 (2) of this directive stipulates that the employer shall avoid risks, evaluate the risks which cannot be avoided, combat the risks at source, adapt the work to the individual, etc.

Can the Commission guarantee that Framework Directive 89/391/EEC, along with the specific directives on the introduction of measures to encourage improvements in the safety and health of workers at work, is being applied correctly in Spain?

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

Answer given by Mrs Diamantopoulou on behalf of the Commission

(29 November 2002)

In its communication Adapting to change in work and society: a new Community strategy on health and safety at work 2002-2006(1), the Commission set itself the objective of achieving a steady reduction in occupational accidents, including fatal accidents. The new strategy is based on consolidating a culture of risk prevention,

on combining a variety of political instruments legislation, social dialogue, innovative approaches and identifying best practice, corporate social responsibility, economic incentives and on building partnerships between all players in the field of health and safety.

Spain has notified the Commission of the measures to transpose the EU Directives on health and safety at work. Having examined them, however, the Commission has launched infringement proceedings against Spain with regard to some of the provisions contained in 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(2) and Council Directive 89/655/EEC, as amended by Council Directive 95/63/CE of 5 December 1995, concerning the minimum safety and health requirements for the use of work equipment by workers at work(3).

The Commission, with the assistance of the Advisory Committee for Safety, Hygiene and Health Protection at Work, is currently drawing up its report on the practical application of the various health and safety Directives, with a view to identifying any practical problems and improving certain of the provisions to make them more readily comprehensible and more consistent, and to fill the gaps in the existing framework.

When it comes to the application of measures designed to improve health and safety at work, it is the responsibility of the Member States to ensure adequate control and monitoring of national provisions transposing the Community Directives on the health and safety of workers at work.

(1) COM(2002) 118 final.

(2) OJ L 183, 29.6.1989.

(3) OJ L 335, 30.12.1995.