Industrial accident rate still high
Published: 27 June 2001
Law 31/1995 of November 1995 - the Law on Prevention of Occupational Risks (Ley de Prevención de Riesgos Laborales, LPRL) (ES9708216F [1]) - came into force in January 1996 and has since been implemented with wide acceptance among the social partners. It has also received favourable comment from elsewhere in Europe.[1] www.eurofound.europa.eu/ef/observatories/eurwork/articles/undefined/health-and-safety-at-work-in-spain-an-overview
Five years after the introduction of the Law on Prevention of Occupational Risks in 1996, Spain's industrial accident rate remains very high. This feature provides the latest statistics and outlines the views and proposals of the government and social partners.
Law 31/1995 of November 1995 - the Law on Prevention of Occupational Risks (Ley de Prevención de Riesgos Laborales, LPRL) (ES9708216F) - came into force in January 1996 and has since been implemented with wide acceptance among the social partners. It has also received favourable comment from elsewhere in Europe.
As the regulatory framework for workplace accident prevention has developed, the autonomous communities (regions) have been able able to play a major role. The autonomous communities are now responsible for implementing labour legislation and have powers to impose penalties in accordance with the existing regulations, at the proposal of the Labour Inspectorate (Inspección de Trabajo). Furthermore, the regional bodies with competences in this area are empowered to investigate accidents and to manage areas such as training and technical advice relating to these matters
The law has arguably managed to introduce a philosophy of prevention, rather than compensation or sanction, as a basis for dealing with health and safety at work. Unfortunately, since the introduction of the law in 1995, the number of industrial accidents has not ceased to rise in absolute terms (ES9904215F) - as indicated by the table below - and accidents have been a constant source of controversy (ES0105241N). Up to 1999, the accidents that increased most were fatal work-related road incidents. However, the figures for 2000 show a slight tendency towards a reduction in fatal and serious work-related road accidents.
| 1996 | 1997 | 1998 | 1st half 1999 | 1999 | 1st half 2000 | Growth 1996-9 (%) | Growth 1st half 1999-1st half 2000 (%) | |
|---|---|---|---|---|---|---|---|---|
| Accidents | 1,212,846 | 1,321,940 | 1,486,109 | 421,685 | 1,607,453 | 475,634 | 32.54 | 12.8 |
| Minor accidents | 616,237 | 676,644 | 752,882 | 415,117 | 865,980 | 469,199 | 40.53 | 13.0 |
| Serious accidents | 10,685 | 10,393 | 10,649 | 6,021 | 11,620 | 5,862 | 8.75 | -2.6 |
| Fatal accidents | 982 | 1,070 | 1,071 | 547 | 1,115 | 573 | 13.54 | 4.8 |
| Work-related road incidents | 39,338 | 43,659 | 51,961 | 29,758 | 59,389 | 34,532 | 28.09 | 16.0 |
| Fatal work-related road incidents | 322 | 384 | 420 | 216 | 476 | 205 | 47.83 | -5.1 |
Source: Ministry of Labour and Social Affairs.
Responses
The government's analysis is that the industrial accident rate is improving because, though the number of slight accidents has increased by 1.75% according to the most recent Eurostat statistics, the number of serious accidents has fallen by 9%, which is seen as a good result. Furthermore, 98% of accidents are slight. Also, 30% of the fatal accidents are due to "non-traumatic" causes such as heart attacks, and both these and work-related road incidents are difficult for companies to address. Thus, considering these facts, it can be concluded that there has been an improvement in health and safety in companies, the government claims.
Employers' organisations claim that some of the reasons for the high accident rate can be found in the vitality of economic growth during the phase of prosperity that has coincided with the years since the introduction of the new occupational risks law. They also state that in many cases accidents take place because of failures to follow the rules which are the personal responsibility of workers. The employers claim that a large number of accidents are beyond the control of the employers, especially those attributable to personal diseases and those that occur outside the workplace, over which the employers have no control. In short, industrial accidents are often a question of individual responsibility. However, employers have a vested interest in preventing these accidents, both to achieve desired levels of health and safety and because accidents at work have a negative effect on productivity.
The Trade Union Confederation of Workers' Commissions (Comisiones Obreras, CC.OO) underlines that the law determines the employers' obligations to avoid and reduce occupational risks, and it is thus a valid instrument of prevention. However, there seems to be a low level of application of the law. One reason for this, it is suggested, may be the employers' lack of knowledge of health and safety regulations.
CC.OO points out that the workers at greatest risk are those in the construction and agriculture sectors, older workers, those with little seniority and the self-employed (ES9904215F). Other factors leading to a high accident rate may be pressure to perform, competition between companies and the difficulty of obtaining information and guidance on the law. Work rhythms, the employment rate, manual work, job rotation and casual labour also have an effect on the accident rate. In the construction sector (ES0011122F and ES0004282F), where the accident rate is particularly high, the causes seem to be subcontracting, mobility, temporary employment and the provisional nature of the facilities. The serious and fatal accidents usually occur in companies with six to 50 workers. Also, there is a high rate of work-related road incidents, especially in sectors such as finance, real estate, information technology and research and development. The sectors most affected by fatal work-related road incidents are retail and hotels and catering. In fact, in CC.OO's opinion, fatal accidents usually occur outside the workplace and are often caused by the use of private transport.
CC.OO's main proposals are that there should be greater control of the implementation of the law (ES0105241N), with more action by the administration, better employment policies, classification of work-related road incidents as industrial accidents, and training in health and safety for workers. In September 2000, the union confederation presented a "popular legislative initiative" (a procedure that allows ordinary citizens to present proposals directly to parliament if they are endorsed by a certain number of signatures), supported by more than 600,000 signatures, requesting the regulation of subcontracting in the construction sector in order to address health and safety concerns. However, it was rejected by parliament (ES0012125N).
In the opinion of the General Workers' Confederation (Unión General de Trabajadores, UGT), the fundamental factors behind the high industrial accident rate in Spain are subcontracting, temporary employment and the increasing instability of the labour market - dimensions that will grow due to the recently introduced labour market reform (ES0103237F). UGT claims that the 1999-2000 national action plan on industrial accidents, renewed in 2001, has not been carried out. It considers that there is a need, within the social dialogue, to raise awareness of measures that might help to solve the situation, such as:
the implementation of a national training plan;
the development of the article of the Law on Prevention of Occupational Risks on the coordination of preventive activities in companies that share the same workplace;
the regulation of subcontracting;
intensifying and coordinating action in companies with the highest accident rates, with the real participation of the social partners;
reporting the unjustified postponement of medical check-ups; and
giving priority to monitoring workers' health
Commentary
In the five years that have gone by since the introduction of legislation regulating such an important matter for the economy and for society, the level of awareness of health and safety among the social partners has certainly increased. However, the industrial accident rate is still very high. The probable reason for this is the relationship between industrial accidents and sectors at special risk associated with job rotation, mobility and unstable employment. Though there is a tendency towards specialisation, workers often have insufficient experience because they do not remain in a job for long and have little job security. They therefore have a low level of professional competence in carrying out the tasks assigned to them, in addition to a low level of training on health and safety and work organisation. (Daniel Albarracín, Fundación CIREM)
Eurofound recommends citing this publication in the following way.
Eurofound (2001), Industrial accident rate still high, article.