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Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) - Malta (RATIFICATION: 1965)

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Previous comment

Application in practice. The Committee previously noted that the maritime authorities maintained records on occupational accidents in ports. In its latest report, the Government indicates that while the Occupational Health and Safety Authority enforces requirements relating to the safety of workers, the local occupational health and safety legislation adopts a preventive approach by imposing the obligation on the employer to ensure health and safety at work, especially by identifying and eliminating risks and managing risks that cannot be eliminated. The Committee observes that the Government does not provide any records on occupational accidents in ports or any data that would enable a general appreciation of the application of the Convention. The Committee requests the Government to provide detailed and updated records of the maritime authorities or port operators on the number, the nature and cause of occupational accidents in ports, as well as any available data on the number of contraventions reported.

Prospects for ratification of the most up-to-date Convention. The Committee reiterates its encouragement to the Government to review the decision adopted by the Governing Body at its 328th Session (October–November 2016) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which is the most up-to-date instrument in this subject area. The Committee requests the Government to provide information on any measures taken in this regard.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition
Part V of the report form. Application in practice. The Committee notes that the Government indicated in 2010 that the maritime authorities maintained records on occupational accidents in ports, but these data were not subject to any particular analysis.The Committee requests the Government to provide the information it considers useful on the manner in which the Convention is applied, in particular the relevant reports of the inspection services on the number of workers protected by legislation, the number and nature of the contraventions reported, and the number, nature and causes of accidents reported.
Possibility of ratifying the most up-to-date Convention.The Committee takes this opportunity to encourage the Government to give effect to the decision adopted by the Governing Body at its 328th Session (October–November 2016) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to envisage ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which is the most up-to-date instrument in this area.

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Part V of the report form. Application in practice. The Committee notes that the Government indicated in 2010 that the maritime authorities maintained records on occupational accidents in ports, but these data were not subject to any particular analysis. The Committee requests the Government to provide the information it considers useful on the manner in which the Convention is applied, in particular the relevant reports of the inspection services on the number of workers protected by legislation, the number and nature of the contraventions reported, and the number, nature and causes of accidents reported.

Possibility of ratifying the most up-to-date Convention. The Committee takes this opportunity to encourage the Government to give effect to the decision adopted by the Governing Body at its 328th Session (October–November 2016) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to envisage ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which is the most up-to-date instrument in this area.

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The Committee notes the information in the Government’s report including the adoption of Work Place (First Aid) Regulations, 2002, which gives further effect to the Convention. It notes, however, that the report does not contain full information on the previous Committee’s direct request, which read as follows:

Part V of the report form. The Committee would be grateful if the Government would provide indications on a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from inspectors’ reports, and if such statistics are available, information regarding the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and causes of accidents reported, etc.

The Committee hopes that the Government will make every effort to take necessary action in this respect in the very near future.

The Committee also reminds the Government of the Governing Body’s invitation to States parties to Convention No. 32 to envisage ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which revises Convention No. 32 (GB.268/LILS/5(Rev.1), paragraphs 99–101). Ratification of Convention No. 152 would ipso jure involve the denunciation of Convention No. 32. It would also like to draw the Government’s attention to the code of practice recently adopted by the ILO entitled Safety and health in ports (Geneva, 2005), which is available, inter alia, at the ILO web site: www.ilo.org/public/english/protection/safework/cops/english/. The Government is asked to keep the Committee informed of any progress in this area.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Part V of the report form. The Committee would be grateful if the Government would provide indications on a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from inspectors’ reports, and, if such statistics are available, information regarding the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and causes of accidents reported, etc.

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Part V of the report form. The Committee notes the Government’s brief report. It would be grateful if the Government would provide indications on a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from inspectors’ reports, and, if such statistics are available, information regarding the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and causes of accidents reported, etc.