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Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Ecuador (RATIFICATION: 1988)

Other comments on C152

Observation

Direct Request

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Legislation. Technical assistance. In its previous comments, the Committee noted the Government’s repeated indications that it planned to update existing standards on safety and health in dock work, and to revise the Handbook of standards on safety and risk prevention for dockworkers. The Committee notes that, according to the latest report, there appears to be no plan to update the respective standards to give effect to the provisions of the Convention. Furthermore, the Government states that it is applying the Regulations on safety and health in dock work, which have not been updated since 1988. The Government indicates that it regrets that little progress has been made in this area, but for institutional reasons and its commitment to comply with international Conventions, and owing to the administrative changes that have occurred, ILO assistance would be appropriate to bring the existing legislation into line with the Convention. It adds that it will make a request for assistance through the Ministry of Industrial Relations. The Committee requests the Government to provide information on any legislative progress in relation to the Convention, as well as on technical assistance.

Information requested by the Committee on numerous Articles of the Convention and the preparation of reports. The Committee notes that the Government has not provided the information requested in its previous comments and that it states that in its previous reports it referred to each of the Articles of the Convention. The Committee recalls that the report submitted by the Government in 2009 did not contain the relevant information requested by the Committee and for that reason it reiterated its requests in 2010 and 2012, and that it is bound to repeat them once again in the present comment. The Committee again urges the Government to supply detailed information on the manner in which it currently ensures the application of the provisions of the Convention to which it has been referring since 1993, which are set out in detail in its direct request of 2005 and which cover the matters referred to in the following Articles of the Convention: Article 1; Article 4(1)(f) and (2)(d) in conjunction with Article 16(2) and Article 4(2)(g); Article 5(1); Article 7(1); Article 8; Article 9(2); Article 10; Article 11; Article 13(2) and (4); Article 17(2); Article 18(1),(4) and (5); Article 19(2); Article 20(1), (2) and (4); Article 22(2) and (3); Article 25(1), (2) and (3); Article 26; Article 27(2) and (3)(b) and (c); Articles 28, 29 and 31; Article 32(2) and (4); Article 34(3); Article 36 (1) and (3); and Article 38(1) and (2). The Committee requests the Government, when preparing its report, to make every effort to provide the specific information requested by the Committee in respect of the Articles and paragraphs of the Convention referred to above.

Article 41. Institutional restructuring. Bodies concerned with dock work. Inspection. Penalties. The Committee notes that, according to the report, in order to address the need to draw up a comprehensive transport policy, the Government created, by means of Executive Decree No. 8 of 15 January 2007, the Ministry of Transport and Public Works, which includes the Department of Ports and Maritime and River Transport, which will be responsible for the Merchant Marine and Coastal Directorate-General (DIGMER). The Committee thereby understands that the Ministry of Transport and Public Works is responsible for the application of legislation on occupational safety and health in dock work. Please provide information on the manner in which the Ministry ensures appropriate inspection services to supervise the application of the measures to be taken in pursuance of the Convention, or to satisfy itself that appropriate inspection is carried out, as well as on existing penalties, in accordance with Article 41(b) and (c).

Part V of the report form. Application in practice. Please give a general appreciation of the manner in which this Convention is applied in your country and attach extracts from the reports of the inspection services and information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, and on the number and nature of occupational accidents and diseases reported.

[The Government is asked to report in detail in 2015.]