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

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The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), received on 14 September 2017, and the Government’s reply thereto.

The Committee notes the CATP’s indication that: (i) there are no standards on physical, chemical or ergonomic risks on the National Port Authority (APN) website, despite the existence of the Basic Ergonomics Standard and the Ergonomic Risk Assessment Procedures; (ii) with regard to training, the types of training on the APN website only mention the employers trained and not the workers. Furthermore, there is only one creative virtual induction system for all persons who have access to port facilities, including workers, which is not sufficient to train dockworkers; and (iii) despite the fact that occupational accident reports updated to 2016 can be found on the APN website, there is no information on occupational diseases or the corrective measures to be taken in the event of accidents. The website of the Ministry of Labour and Employment Promotion (Ministry of Labour) provides information on occupational accidents updated until 2017, but does not indicate if they occurred in the port sector.

The Committee notes the Government’s reply, indicating that the training options that appear on the APN website refer to the list of natural or legal persons specialized in port security and safety training activities, recognized by the APN. Regarding the occupational accidents published on the website of the Ministry of Labour and Employment Promotion, port activities are included in the “Transport, storage and communications” category. The Committee requests the Government to reply to the observations of the CATP regarding the standards applicable to physical, chemical and ergonomic risks in the port sector, and on the texts and practices that apply to the training of dockworkers.

Legislation. Compliance of the regulations issued by the various port authorities with the Convention. In its previous comment, the Committee noted that the Government had undertaken intensive legislative work in this area and expressed the hope that the Government would gradually incorporate the requirements of the Convention into the National Standard on Occupational Safety and Health in Dock Work so as to ensure that the regulations issued by the port authorities are in conformity with the Convention. The Committee notes the Government’s indication that it has incorporated the requirements of the Convention into the updated National Standard on Occupational Safety and Health in Dock Work and the guidelines for obtaining a port safety certificate (the SSOP Standard), and that the draft standard was the subject of consultations with the general public. The Government indicates that, following the consultations, the draft was amended and is currently being revised and evaluated by the Legal Advisory Unit of the APN. Furthermore, the Committee notes the adoption of Decision No. 044-2017-APN/DIR of 26 July 2017 approving the Technical Standard on Port Security; and Decision No. 39-2018-APN/DIR approving the Manual for Harmonized Audits. The Committee hopes that the Government will approve without delay the updated National Standard on Occupational Safety and Health in Dock Work and the guidelines for obtaining a port safety certificate (SSOP Standard), in accordance with the provisions of the Convention, and that this new frame of reference will enable the Government to provide more precise and detailed information on the application of the following articles of the Convention.

Article 3 of the Convention, subparagraphs (b) competent person; (c) responsible person; (d) authorized person; (e) lifting appliance; (f) loose gear; and (g) access. Definitions. In its previous comment, the Committee requested the Government to provide a copy of the amended SSOP Standard, incorporating the above definitions, once it had been approved. The Committee notes that the Government reports the ongoing revision and evaluation of the draft standard by the Legal Advisory Unit of the APN. The Committee hopes that the updated SSOP Standard will incorporate the above-mentioned definitions. Regarding the definitions of competent person, responsible person and authorized person, the Committee considers it essential that the functions set out in certain Articles of the Convention are performed by persons who satisfy the requirements of the Convention. In this respect, the Committee requests the Government to ensure that, in accordance with the Convention: (i) the functions set out in Articles 13(4) and 18(4) are performed by an “authorized person”; (ii) the functions set out in Articles 22(1) and 23(1) and (2) are performed by a “competent person”; and (iii) the functions set out in Articles 19(2) and 24 of the Convention are performed by a “responsible person”. The Committee requests the Government to provide more detailed information on the manner in which effect is given to Article 3 of the Convention.

Article 7(1). Adoption of legislative measures in consultation with the organizations of employers and workers concerned. The Committee previously requested the Government to provide information on the consultations held with the organizations of employers and workers concerned, and to indicate the consultation mechanisms and the organizations consulted. The Committee notes the Government’s indications that the Board of the APN, which has regulatory powers, includes among its members representatives of the State, two representatives of the private sector, who represent port users, through their respective representative organizations, and a representative appointed by port authority workers, through their accredited representative organizations (section 25 of the Act on the National Port System). The Government also reports that the draft updated SSOP Standard, which is being evaluated by the Legal Advisory Unit of the APN, incorporates this requirement of the Convention. The Government indicates that this requirement is fulfilled by Act No. 29783 on occupational safety and health, since it applies to all economic and service sectors and covers all employers and workers in the private and public sectors. The Committee requests the Government to continue providing information on consultations of employers’ and workers’ organizations concerned in giving effect to the provisions of the Convention.

Article 7(2). Collaboration between employers and workers for the practical application of the measures referred to in Article 4(1). The Committee notes the Government’s indication that section 1 of the SSOP Standard establishes that the objectives of, and compliance with, this standard shall be achieved through participation and communication between the port authorities, the workers and the APN. Section 4 establishes, inter alia, the principles of cooperation, consultation and participation. Section 10 recognizes the crucial nature of worker participation in the system for managing occupational safety and health. The Government also indicates that the draft updated SSOP Standard, which is being revised and evaluated by the Legal Advisory Unit of the APN, incorporates this requirement of the Convention. The Government adds that this requirement is fulfilled by Act No. 29783 on occupational safety and health, since it applies to all economic and service sectors and covers all employers and workers in the private and public sectors. The Committee requests the Government to continue providing information on collaboration between employers and workers or their representatives in the application of measures giving effect to the Convention.

Article 16(2). Transport of workers on land. The Committee notes the Government’s indication that Decision No. 011-2011-APN/DIR establishes a matrix for identifying and evaluating risks, and supervisory measures for activities in ports, including for the embarkation, transport and disembarkation of workers. The Government adds that this standard is in conformity with Decision No. 010-2007-APN/DIR. The Committee notes, however, that these two standards do not contain provisions regulating the transport of workers to or from a place of work on land. The Committee requests the Government to provide information on the effect given to this provision of the Convention.

Article 22. Lifting appliances. Frequency of tests. The Committee requested the Government to implement this Article of the Convention. The Committee recalled that this Article is very precise and provides that after any substantial alteration or repair the appliance shall be tested, lifting appliances forming part of a ship’s equipment shall be retested at least once in every five years and shore-based lifting appliances shall be retested at such times as prescribed by the competent authority. The Committee notes the Government’s indication that it will provide the requested information in the near future. Noting that this information has not been received, the Committee once again requests the Government to provide information on the effect given to this Article of the Convention.

Article 24. Inspection of loose gear. The Committee requested the Government to take the necessary measures to give legislative expression to Article 24 and to provide information on this point. The Committee notes the Government’s indication that the updated SSOP Standard would give effect to this Article of the Convention. The Committee requests the Government to indicate the provisions of the updated SSOP Standard that give effect to this Article of the Convention.

Article 25. Duly authenticated records which provide prima facie evidence of the safe condition of the lifting appliances and items of loose gear. Article 26. Mutual recognition of arrangements for the testing, thorough examination, inspection and certification of lifting appliances and items of loose gear forming part of a ship’s equipment and of the records relating thereto. The Committee notes the Government’s indication that the records relating to the safe condition of a ship’s equipment are in conformity with the rules established in the International Convention for the Safety of Life at Sea (1974), to which Peru is a party. The Government adds that the Maritime Authority verifies during inspections that national and foreign vessels have certificates of the correct category for their lifting and lowering appliances. The Committee requests the Government to indicate which regulatory and legislative domestic provisions give effect to these Articles of the Convention. The Committee also requests the Government to provide examples of the records and certificates of lifting appliances and items of loose gear and reports of the inspections conducted by the Maritime Authority.

Article 20. Holds and cargo decks. Article 21. Lifting appliances: design and use. Article 23. Lifting appliances: visual examination every 12 months. Article 27. Lifting appliances: loads. Article 28. Lifting appliances: ship rigging plans. Article 29. Pallets and similar devices for supporting loads. Article 30. Requirements for loads to be slung before being raised or lowered. Article 35. Facilities envisaged in case of accident. In its previous comment, the Committee requested the Government to take the necessary measures to ensure that the internal security regulations give expression to these Articles of the Convention and to provide information on this point. The Committee notes the Government’s indication that the draft updated SSOP Standard gives effect to these Articles of the Convention, but it is still being revised and evaluated by the Legal Advisory Unit of the APN. The Government also indicates that the requirements under Article 35 of the Convention are fulfilled by the Guidelines for the Preparation of Internal Dock Safety Regulations, Appendix 1 to Annex 1 of Decision No. 010-2007-APN/DIR. In light of the above, the Committee requests the Government to: (i) indicate the provisions of the revised SSOP Standard that give effect to these Articles of the Convention; and (ii) take the necessary measures to ensure that the internal dock safety regulations give effect to Articles 20, 21, 23, 27, 28, 29, 30 and 35 of the Convention, and to provide information on this point.

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Legislation. Compliance of the regulations issued by the various port authorities with the Convention. In its previous comments, the Committee noted that Directorial Resolution Agreement No. 010-2007-APN/DIR, the National Standard on Occupational Safety and Health in Ports, delegates to the various port authorities the power to regulate certain technical questions in the regulations of each port, and that this is a requirement to obtain the port safety certificate. The Committee requested the Government to provide information on the manner in which it is ensured that port regulations are in conformity with the Convention, prior to the granting of the port safety certificate. The Committee notes the Government’s indication that the National Port Authority (APN) schedules annual audits of ports to assess compliance with the provisions of Directorial Resolution Agreement No. 010-2007-APN/DIR. The Committee notes that as this Resolution, which is the reference framework for the regulations of each port, does not incorporate all the requirements of the Convention or require the various port authorities to include those requirements when issuing regulations, the regulations issued by each port authority may be in compliance with the Resolution and the certificate may be obtained without thus implying that they are in conformity with all aspects of the Convention. The Committee reminds the Government that when delegating to the various port authorities the power to regulate questions of safety and health, it has to ensure that the national reference standard requires effect to be given to the provisions of the Convention. Noting that the Government has undertaken intensive legislative work in this area, the Committee hopes that the requirements of the Convention will be gradually incorporated into the National Standard on Occupational Safety and Health in Dock Work so as to ensure that the regulations issued by the port authorities are in conformity with the Convention and that information will be provided on this subject.

Article 3 of the Convention, subparagraphs (b) competent person; (c) responsible person; (d) authorized person; (e) lifting appliance; (f) loose gear; and (g) access. Definitions. The Committee notes that, according to the Government’s indication in its report, the APN is currently preparing the draft standard to amend Directorial Resolution Agreement No. 010-2007-APN/DIR to incorporate the definitions referred to above. The Committee requests the Government to provide a copy of the above standard when it has been approved. Regarding the definitions of competent person, responsible person and authorized person, it is essential that the functions determined by certain Articles of the Convention are carried out by persons meeting the criteria required by the Convention. In this respect, the Committee requests the Government to provide information on the manner in which it is ensured that:

-the functions set out in Articles 13(4) and 18(4) are carried out by an “authorized person” within the meaning of the Convention;
-the functions set out in Articles 22(1) and 23(1) and (2) are carried out by a “competent person” within the meaning of the Convention;
-the functions set out in Articles 19(2) and 24 of the Convention are carried out by a “responsible person” within the meaning of the Convention.

Article 7(1). Adoption of legislative measures in consultation with the organizations of employers and workers concerned. The Committee notes the Government’s indication in its report that the Bill on dock work is before the Congress of the Republic for examination and that coordination is being carried out with employers and dockworkers to comply with the requirements of Article 7(1) of the Convention. The Committee also notes section 4 of the Occupational Safety and Health Act which, together with section 5 of the Regulations of the Act, requires the State to consult the most representative organizations of employers and workers for the preparation, implementation and periodical re-examination of a national policy on OSH; section 10 of the Occupational Safety and Health Act, establishing the National Occupational Safety and Health Council, which is a tripartite body with the mandate to draw up and approve the national policy on OSH, monitor its application and periodically re-examine it no less than once a year. The Committee requests the Government to provide information on the consultations held during the period covered by its next report with a view to giving effect to the provisions of the Convention through legislative or other appropriate methods with the organizations of employers and workers concerned, and to indicate the consultation mechanisms and the organizations consulted.

Article 7(2). Collaboration between employers and workers for the practical application of the measures referred to in Article 4(1). The Committee notes that the Government lists a series of directorial resolutions for the dock sector which refer to the matters covered by Article 4(1). Nevertheless, this information does not indicate the manner in which close collaboration is established between employers and workers or their representatives for the application of the measures referred to in Article 4(1) of this Convention. The Committee again requests the Government to provide information on this collaboration.

Article 16. Embarking, transport and disembarking of workers. The Committee notes Directorial Resolution Agreement No. 011-2011-APN/DIR, indicated by the Government, approving the technical standard for the provision of the basic transport services for persons in port areas, which gives effect to paragraph 1 of this Article. The Committee requests the Government to provide information on the effect given to paragraph 2 of this Article referring to land transport.

Article 22. Lifting appliances. Frequency of tests. The Committee notes that the Government has not provided information on the effect given to this Article of the Convention. The Committee recalls that this Article is extremely precise and provides that appliances shall be tested after any substantial alteration or repair, that lifting appliances forming part of a ship’s equipment shall be retested every five years and that shore-based lifting appliances shall be retested at such times as established by the competent authority. The Committee repeats its request to the Government to give legislative expression to Article 22 and to provide information on the four paragraphs of this Article of the Convention.

Article 24. Inspection of loose gear. The Committee notes the Government’s indication that the internal safety regulations are applicable and that Directorial Resolution Agreement No. 010-2007-APN/DIR is the text for the identification of the hazards referred to in Article 24 of the Convention. However, the Committee notes that the Directorial Agreement referred to does not give effect to this Article of the Convention, which requires regular inspection of every item of loose gear before use. The Committee therefore requests the Government to take the necessary measures to give legislative expression to Article 24 and to provide information on this point.

Article 25. Duly authenticated records which provide prima facie evidence of the safe condition of the lifting appliances and items of loose gear. Article 26. Mutual recognition of arrangements for the testing, thorough examination, inspection and certification of lifting appliances and items of loose gear forming part of a ship’s equipment and of the records relating thereto. The Committee notes the Government’s indication that Directorial Resolution No. 1234-2011/DCG of 18 November 2011 delegates the statutory function of inspection and certification of ships of the national merchant navy within national territory and abroad to classification companies acting on behalf of, and as an entity recognized by, the National Maritime Association. The functions include keeping records and certificates of the equipment to be inspected and certified. The Committee requests the Government to indicate whether such inspections and certification also relate to lifting appliances and items of loose gear and whether the records also include the inspections referred to in Articles 22, 23 and 24 of the Convention, as provided in Article 25(1).

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With reference to its observation, the Committee requests the Government to provide information on the following points.

Article 1 of the Convention. Dock work. The Committee recalls that this Article of the Convention provides that the organizations of employers and workers concerned shall be consulted on or otherwise participate in the establishment and revision of the definition of dock work. The Committee requests the Government to indicate the consultations held with the organizations of employers and workers concerned.

Article 3(b) “competent person”, (c) “responsible person”, (d) “authorized person”, (e) “lifting appliance”, (f) “loose gear”, (g) “access” and (h) “ship”. The Committee requests the Government to verify the definitions contained in the Convention of the terms referred to above and to indicate the manner in which they are covered by the legislation, with an indication, where appropriate, of the sections of the respective laws or regulations.

Article 7(2). Collaboration between employers and workers in the application of the measures referred to in Article 4(1). Please provide information on the application in practice of this provision.

Article 11(1) and (2). Passageways. The Committee notes the Government’s indication that Directorial Decision No. 003-2006-APN/DIR establishes the requirement to certify specific areas within a special port installation (IPE). The Committee understands that IPEs are those which fulfil the required conditions to handle, store, load, move and unload hazardous and/or explosive goods and substances. The Committee draws the Government’s attention to the fact that this Article does not only apply to IPEs, but to all port and cargo-handling installations. The Committee therefore requests the Government to indicate specifically the provisions of Peruvian legislation which give effect to this Article of the Convention in all port and cargo-handling installations.

Article 13. Machinery, responsible person and authorized person. The Committee notes the Government’s indications that effect is given to the provisions relating to functions and responsibilities through the guidance for the formulation of internal safety rules, contained in Decision No. 010/2007. Noting that this guidance does not precisely reflect the present Article of the Convention, and particularly issues related to the responsible person and the authorized person, the Committee requests the Government to take measures to give legislative effect to this Article of the Convention, and to provide information on this subject.

Article 16. Embarking, transport and disembarking of workers. The Committee draws the Government’s attention to the fact that this Article goes further than the information provided by the Government on personal protection equipment. The Committee therefore requests the Government to take the necessary measures to give legislative expression to this Article of the Convention and to provide information on this matter.

Article 17. Means of access to the hold. The Committee notes the information that effect is given to this Article through Decision No. 010/2007, which entrusts the port administrator with the responsibility for the management of safety, taking into account risk assessment. The Committee requests the Government to provide information on the application of each of the three paragraphs of this Article of the Convention.

Article 18. Hatch covers. The Committee notes the Government’s indication that effect is given to this Article through the Safety Code for Equipment for Ships and Ships’ Machinery operated at Sea and on Rivers and Lakes. Please indicate the respective provisions which give effect to each of the five paragraphs of this Article of the Convention.

Article 19(1) and (2). Protection of openings and responsible persons. The Committee notes the Government’s indication that the National Port Authority has not issued any regulations respecting the responsible person referred to in paragraph 2 of this Article, as this is the responsibility of the General Directorate of Ships’ Masters and Coastguards of Peru. The Committee draws the Government’s attention to the fact that the responsibility for giving effect to these provisions of the Convention lies with the Government, irrespective of the body that is competent, and that where there are various competent bodies, coordination measures are required to give effect to the Convention and to obtain information on its application. The Committee requests the Government to take the necessary measures to give effect to paragraphs 1 and 2 of this Article and to provide information on this subject.

Article 20 (holds and cargo decks), Article 21 (design and use of lifting appliances), Article 23 (visual examination every 12 months of lifting appliances), Article 27 (working load of lifting appliances), Article 28 (ship rigging plans for lifting appliances), Article 29 (pallets and similar devices for containing loads), Article 30 (requirement for loads to be slung for them to be raised or lowered), Article 33 (noise) and Article 35 (facilities envisaged in case of accident). The Committee notes that the Government has not provided information on the manner in which effect is given to these Articles. The Committee requests the Government to give legislative expression to these Articles of the Convention so that it is ensured that all internal rules are in conformity with these provisions of the Convention, which are fundamental to reduce accidents and ensure the safety and health of workers covered by the Convention. Please provide information on this subject.

Article 22. Lifting appliances. Period of time between tests. The Committee notes the Government’s indication that no regulations have been issued on the period of time between tests of lifting appliances by the National Port Authority but that, nevertheless, the field of maintenance, which includes all lifting appliances, is included in the areas to be audited as part of the certification process, in accordance with Decision No. 010/2007. The Committee observes that this Article is extremely precise, and that it provides that after any substantial alteration or repair, lifting appliances shall be tested, and that lifting appliances forming part of a ship’s equipment shall be tested at least once in every five years, and that shore-based lifting appliances shall be retested at such times as prescribed by the competent authority. The Committee therefore requests the Government to give legislative expression to this Article of the Convention and to provide information on the four paragraphs of this Article.

Article 24. Inspection of loose gear. The Committee requests the Government to provide more detailed information on the application of this Article.

Article 25 (records and certificates) and Article 26 (lifting appliances and lose gear). The Committee notes that, according to the report, the National Port Authority indicates that it does not have examples of the records and certificates referred to by Article 25 of the Convention, because “the legislation in force is in compliance with the provisions of the Convention, with the exception of the regulation of the safety conditions for lifting appliances and loose gear for the handling of cargo”. The report indicates that the competent authority is carrying out studies with a view to regulating the matter promptly. Identical information is provided concerning Article 26. The Committee urges the Government to take the necessary measures to give legislative effect to these Articles of the Convention and to provide information on this subject.

Article 40. Sufficient number of sanitary and washing facilities in each dock. Noting that the report does not provide information on this subject, the Committee requests the Government to supply information on the manner in which compliance is ensured with this Article of the Convention in internal rules.

Article 41. Specification of the duties in respect of occupational safety and health of persons and bodies concerned with dock work. The Committee notes the Government’s reference to the Ministry of Labour and to the General Directorate of Ships’ Masters and Coastguards of Peru (DICAPI). Nevertheless, noting that the National Port Authority indicated in Decision No. 010-2007 is fundamental to the process of certification, the Committee requests the Government to provide information on the various authorities referred to in this Article of the Convention, and to indicate precisely the coordination that exists between the various authorities concerned. Please also provide information on the penalties referred to in this Article of the Convention.

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Legislation. The Committee notes the detailed report provided by the Government and the attached legislation, and particularly Directorial Resolution Agreement No. 010-2007-APN/DIR, the national standard on occupational safety and health in ports and the guidance on obtaining the Safety Certificate in a port installation. The Committee notes that this Resolution establishes the requirement for port administrations and dockworkers to obtain the Certificate of Port Safety and its annual renewal, with the objective of ensuring that the activities undertaken in ports and port installations are carried out within the safety parameters established by national and international standards. The Committee notes with interest that the Resolution sets out and defines principles that are inherent to the modern approach to occupational safety and health, such as the promotion of a culture of the prevention of occupational hazards, the components of the continuous improvement methodology, the principles of consultation, participation and information, among others. It also notes with interest that section 46 of the Resolution referred to above establishes the requirement to conduct a risk assessment once a year as a minimum and that section 62 of the same Resolution requires the port administration to adopt measures allowing workers to interrupt their work in the case of imminent danger and, where necessary, to immediately leave the place in which their work is performed. Nevertheless, it notes that the Directorial Resolution, in relation to certain technical regulations, refers to the rules of each port, which have to cover such matters if certification is to be obtained. The Committee requests the Government to provide information on the manner in which it is ensured that the rules of port installations are in conformity with the Convention, prior to the granting of the Certificate of Port Safety.

Article 7(1) of the Convention. Adoption of legislative measures in consultation with the organizations of employers and workers concerned. The Committee notes that the Government has not provided information on the consultations envisaged in this Article of the Convention. The Committee requests the Government to provide information on the consultation mechanisms with the organizations of employers and workers concerned. Furthermore, noting the intense process of the drafting of legislation in this field, such as, for example, a new law on dock work, the Committee requests the Government to provide information on the consultations held in this respect with the organizations of employers and workers concerned.

The Committee is raising other points in a request addressed directly to the Government.

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Legislation. The Committee notes with interest the adoption of Act No. 27866 (Dock Work Act) of 16 November 2002 issuing employment regulations applicable to the handling of loads, unloading of goods and related tasks in dock work; Supreme Decree No. 013-2004-TR, approving the single unified text of the implementing regulations for the Dock Work Act; Directorial Decision No. 011-2006-APN/DIR, as amended on 9 September 2008, approving the general considerations for the use of personal protective equipment in docks and dock installations and the national standard providing for the use of personal protective equipment in docks and dock installations, the preamble of which refers to the present Convention; Directorial Decision No. 010-2007-APN/DIR establishing the national standard for occupational safety and health in dock work and directives for obtaining a safety certificate for dock installations, which refers to the Occupational Safety and Health Convention, 1981 (No. 155); and Supreme Decree No. 009-2005-TR (Occupational Safety and Health Regulations), and Supreme Decree No. 007-2007-TR, which amends it. The Committee notes that this new legislative framework substantially modifies the application of the Convention. The Committee therefore requests the Government to supply a detailed report indicating the legislative, regulatory and other provisions and their relevant sections which give legislative expression to each Article of the Convention. The Committee also requests the Government to supply the practical information requested in the report form.

[The Government is asked to report in detail in 2010.]

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The Committee notes the Government’s reply to its previous comments. It would be grateful if the Government would provide further information on the following points.

1. Articles 1, 7, paragraph 1, 36, paragraph 1, and 37, paragraph 2, of the Convention. Further to its previous comments, the Committee notes the information that according to section 6 of Decree Law No. 25927 on the Organic Law of the Ministry of Labour and Social Affairs, the Ministry is to carry out its functions in coordination with the sector and the institutions coming under its scope. Section 14 of the Law provides for the establishment of the National Committee on Labour and Social Affairs, presided by the Minister where the representatives of employers and workers and social representative organizations linked to the sector of the Ministry are present. The Government acknowledges that due to the inactivity of this Committee in carrying out its role in social dialogue for over a decade, it will need a period of time to mature when the participation of the social actors will be fundamental. The Committee would be grateful if the Government would indicate if questions covered by provisions of the Convention such as Articles 1, 7, paragraph 1, 36, paragraph 1, and 37, paragraph 2, have been or are envisaged to be addressed in this context.

2. Articles 4, paragraphs 1(e) and 2(p), and 35. Further to its previous comments, the Committee notes the information that Law No. 27396, published on 12 January 2001, provides for the establishment of a special committee, including the representatives of the associations of users, enterprises and workers, to draft a national law on ports. This Committee has been established by Ministerial Resolution No. 083-2001-MTC/15.01 and has started its work of drafting the law which will be used to provide for the various requirements of the Convention, including in respect of appropriate and adequate rescue facilities. The Committee hopes this will also provide for the establishment of first-aid facilities in ports as required by these provisions of the Convention. Please keep the Office informed of developments and please provide a copy of the adopted text.

3. Article 4, paragraph 1(f). Further to its previous comments, the Committee notes the information that according to Directorial Resolution No. 632-2000/DCG, the General Directorate of Masters and Coast Guards establishes the guidelines for the elaboration of emergency plans for special ports. These guidelines are issued to address emergencies such as fires, explosion, earthquakes, sabotage and other similar events and occurrences in ports, terminals, and storage areas on the ground considered as special ports. These emergency plans are required to be presented for approval to the port authority that has jurisdiction. Moreover, according to Directorial Resolution No. 0633 2000/DCG, the Directorate General of Masters and Coast Guards, having approved the requirements then certifies those that are considered as special ports, as well as the standards the owners, operators and administrators of the special ports will have to observe to maintain or improve their operations and safety levels. The Committee would be grateful if the Government would indicate the results of the practical application of these resolutions.

4. Article 4, paragraph 2(a). Further to its previous comments, the Committee notes the information that the Government hopes the adoption of the law on ports that is being drafted will cover general requirements relating to the construction, equipping and maintenance of dock structures and other places at which dock work is carried out. Please keep the Office informed of all developments in this regard and please provide a copy of the text of the law when it is adopted.

5. Articles 4, paragraph 2(d), and 16. Further to its previous comments relating to measures to ensure the safety of workers during land or water transport, the Committee notes that there are no special measures taken in this regard, other than the rules ensuring safety of life at sea. The Committee would be grateful if the Government would indicate the measures envisaged to give effect to this provision of the Convention. The Committee draws the Government’s attention to section 3.8 of the ILO’s code of practice on safety and health in dock work covering transport of persons by water.

6. The Committee notes from the Government’s reply to its previous comments that other than the provisions of Directorial Resolution No. 427 80/DP/CC and the inspection visits conducted there are no measures taken by the Government to apply the requirements of the following provisions of the Convention. Please indicate the measures envisaged to give effect to the following provisions of the Convention.

Article 4, paragraphs 2(f) and 21(a). (Safety measures concerning the construction and maintenance of lifting and other cargo-handling appliances.)

Article 4, paragraph 2(g) and (h). (Safety measures concerning the construction, maintenance and use of staging; rigging and use of ships’ derricks.)

Article 4, paragraph 2(i), and Articles 22 to 27. (Measures to be taken concerning the testing, examination, inspection and certification of lifting appliances, loose gear, slings and other lifting devices which form an integral part of the load.)

Article 11. (Provision of sufficiently wide passageways to permit the safe use of vehicles and cargo-handling appliances; provision of passageways for pedestrian use.)

Article 13, paragraph 2. (Measures to be taken so that the power to any machinery may be cut off promptly if necessary.)

Article 13, paragraph 4. (Measures providing that only an authorized person shall be permitted to remove any guard or safety device for the purpose of cleaning, adjustment or repair or where the work to be done so requires.)

Article 13, paragraphs 5 and 6. (Rules to be followed when the guard or safety device has been removed.)

Article 20, paragraphs 1 and 2. (Measures to ensure the safety of workers in the hold or on a cargo deck of a ship when power vehicles or power-operated appliances are in use; prohibition from removing or replacing hatch covers and beams while work is in progress in the hold under the hatchway.)

Article 29. (Measures to ensure that pallets and similar devices are of sound construction and adequate strength.)

Article 31. (Measures to ensure that the safety of the workers is ensured by the layout and operation of freight container terminals and, in case of ships carrying containers, by the manner in which the work is organized.)

Article 34, paragraph 3. (Specific requirement that personal protective equipment and protective clothing be properly maintained by the employer.)

Article 36, paragraphs 2 and 3. (Measures to ensure that medical examinations and investigations are free of cost to the worker and that the records of such examinations and investigations are confidential.)

Article 38, paragraph 2. (Requirement that operators of lifting appliances and other cargo-handling appliances be persons at least 18 years of age and who possess the necessary aptitude and experience or persons under training who are properly supervised.)

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The Committee notes with interest the information provided by the Government in reply to its previous comments, which give effect to Articles 4, paragraph 2(l) and (o), and 32 of the Convention. The Committee would be grateful if the Government would provide a copy of Directorial Resolution No. 029-2002-DCG.

The Committee notes the information provided by the Government in reply to its previous comments based on the observations made by the Dockers’ Union of the port of Mayor de Callao concerning the alleged increase, at an alarming rate, of occupational accidents including deaths due to the non-observance of labour standards not only regarding holidays and rest periods but also due to the extra work done by dockworkers to make up for the inexperience of new dockworkers. In particular it notes the information that in the case of non-observance of the rights of the dockworkers, the workers have the possibility of reporting these violations of the legal and conventional standards to the labour administration authorities for them to make inspection visits with a view to verifying their veracity. If these authorities find irregularities they will impose adequate fines on the employers violating the said standards. Moreover, the workers have the right to initiate legal action before the tribunals. While noting the comments made by the Government, the Committee recalls its pervious comments that the problems complained about by the Dockers’ Union did not refer to the inexistence of laws or regulations as much as they refer to their application. The Committee therefore wishes to point out that, pursuant to Article 41 of the Convention, ratifying Members are required to (a) specify the duties in respect of occupational safety and health of persons and bodies concerned with dock work; (b) take the necessary measures, including the provision of appropriate penalties, to enforce the provisions of the Convention; (c) provide appropriate inspection services to supervise the application of the measures to be taken in pursuance of the Convention, or satisfy themselves that appropriate inspection is carried out. The Committee hopes the Government will take all the necessary implementation measures to ensure the enforcement of the provisions of the Convention. The Committee would be grateful if the Government provide extracts from the reports of the inspection services, the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported, as required by Part V of the report form.

The Committee notes the information provided by the Government in reply to its previous comments based on the observations made by the Dockers’ Union of the port of Mayor de Callao on the question of the inexperience of new dockers. According to the Government’s report, section 9 of the Law on the hours and days of work and overtime, Legislative Decree No. 854, provides that overtime work is to be voluntary both for the employer as well as the worker and only in justified cases of work resulting from fortuitous events or force majeure posing imminent danger to persons and things at work or endangering the continuity of productive work. The Committee recalls its previous request for the Government to provide information on the question of the inexperience of new dockers raised by the Dockers’ Union, bearing in mind the training requirements provided for in Articles 4, paragraphs 1(c), 2(r), and 7, paragraph 2, of the Convention. The Committee would be grateful if the Government would provide indications in this regard.

The Committee is also addressing a request directly to the Government on a number of other questions relating to the application of the Convention.

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I. The Committee notes the Government's reply to its previous comments relating to Article 18, paragraphs 4 and 5, Article 19, Article 4, paragraph 2(k), and Article 10, paragraph 1, Article 4, paragraph 3, Article 9, paragraph 2, Article 10, paragraph 2, and Article 18, paragraph 1, of the Convention.

II. The Committee would be grateful if the Government would provide further information on the following points.

1. Articles 1, 7, paragraph 1, 36, paragraph 1, and 37, paragraph 2, of the Convention. Further to its previous comments, the Committee notes the Government's reply that there is no need for the Government to draw up specific legal provisions to conduct consultations with employers' and workers' organizations concerned because section 55 of the Constitution of the country renders ratified ILO Conventions the law in the country. The Committee also notes the information concerning Article 7 of the Convention that, by virtue of section 3 of the safety and health regulations of 1980 applicable to the maritime and river transport workers in all the ports of the country, all interested parties in port work must collaborate in the application of all measures aimed at the prevention of accidents and the promotion of the health of maritime workers (which meets the requirements of Article 7, paragraph 2, of the Convention). The Committee would like to point out that the provisions of Convention No. 152, even if they become part of national legislation by virtue of the Peruvian Constitution, are nonetheless not self-executing. As such they require the adoption of laws and regulations or other appropriate means as required by Articles 4, 5, 6 and 7 of the Convention. Please indicate the measures taken or envisaged, including laws or regulations, to ensure that the competent authority must consult the employers' and workers' organizations concerned to give effect to Articles 1, 7, paragraph 1, 36, paragraph 1, and 37, paragraph 2, of the Convention.

2. Articles 4, paragraphs 1(e) and 2(p), and 35. Further to its previous comments, the Committee notes the Government's reply that the regulations previously cited on industrial health and safety committees were not communicated as they were on general character and not applicable to this Convention. Please indicate the provisions of laws or regulations that prescribe the establishment of first-aid facilities in ports, and which laws or regulations cover the provision and maintenance in ports of appropriate and adequate rescue facilities.

3. Article 4, paragraph 1(f). The Committee notes the Government's reply to its previous comments that sections B-030830 and B-030832 of Supreme Decree No. 002-87-MA provide for the responsibilities of the master in emergency situations. Please indicate what are the other measures prescribed by national laws and regulations with a view to developing and establishing proper procedures to deal with any emergency situations which may arise.

4. Article 4, paragraph 2(a). The Committee notes that the Government's reply does not address its previous comments. Please indicate what measures have been taken or are envisaged covering general requirements relating to the construction, equipping and maintenance of dock structures and other places at which dock work is carried out.

5. Articles 4, paragraph 2(l), and 32. The Committee notes the Government's reply to its previous comments indicating sections 128, 125, 111 (c), and 98 of the safety and health regulations of 1980 for workers in all maritime and river ports, give effect to this provision of the Convention. Please list the international regulations complied with in your country as required by the report form.

6. Article 4, paragraph 2(o). The Committee notes the Government's reply to its previous comments indicating that section 3 of the safety and health regulations of 1980 and section D-010202 of Supreme Decree No. 002-87-MA of 9 April 1987, give effect to this provision of the Convention. Please provide further particulars of the medical supervisory aspects of these activities.

7. The Committee requests the Government to indicate the measures taken or envisaged to give effect to the following provisions of the Convention.

Articles 4, paragraph 2(d), and 16. (Measures taken to ensure the safety of workers during land or water transport.)

Articles 4, paragraph 2(f), and 21(a). (Safety measures concerning the construction and maintenance of lifting and other cargo-handling appliances.)

Article 4, paragraph 2(g) and (h). (Safety measures concerning the construction, maintenance and use of staging; rigging and use of ships' derricks.)

Article 4, paragraph 2(i), and Articles 22 to 27. (Measures to be taken concerning the testing, examination, inspection and certification of lifting appliances, loose gear, slings and other lifting devices which form an integral part of the load.)

Article 11. (Provision of sufficiently wide passageways to permit the safe use of vehicles and cargo-handling appliances; provision of passageways for pedestrian use.)

Article 13, paragraph 2. (Measures to be taken so that the power to any machinery may be cut off promptly if necessary.)

Article 13, paragraph 4. (Measures providing that only an authorized person shall be permitted to remove any guard or safety device for the purpose of cleaning, adjustment or repair or where the work to be done so requires.)

Article 13, paragraphs 5 and 6. (Rules to be followed when the guard or safety device has been removed.)

Article 20, paragraphs 1 and 2. (Measures to ensure the safety of workers in the hold or in a cargo deck of a ship when power vehicles or power-operated appliances are in use; prohibition from removing or replacing hatch covers and beams while work is in progress in the hold under the hatchway.)

Article 29. (Measures to ensure that pallets and similar devices are of sound construction and adequate strength.)

Article 31. (Measures to ensure that the safety of the workers is ensured by the layout and operation of freight container terminals and, in case of ships carrying containers, by the manner in which the work is organized.)

Article 34, paragraph 3. (Specific requirement that personal protective equipment and protective clothing be properly maintained by the employer.)

Article 36, paragraphs 2 and 3. (Measures to ensure that medical examinations and investigations are free of cost to the worker and that the records of such examinations and investigations are confidential.)

Article 38, paragraph 2. (Requirement that operators of lifting appliances and other cargo-handling appliances be persons at least 18 years of age and who possess the necessary aptitudes and experience or persons under training who are properly supervised.)

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The Committee notes the comments made by the Dockers Union of the port of Mayor de Callao in which the Union indicates that occupational accidents including many deaths have increased at an alarming rate, due to the non-observance of labour standards not only with regard to holidays and rest periods but also due to the extra work done by dockers compensating for the inexperience of new dockers. The Committee notes from the Government's reply that by virtue of section 25 of the Constitution of Peru, Legislative Decree No. 713 and its implementing regulations in Supreme Decree No. 012-92-TR, and sections 1 and 7 of Legislative Decree No. 854 (the eight-hour day and 48-hour week allowing for weekly rest and paid annual holidays, and midday breaks for meals are provided for) unless a shorter working day is provided for by law, agreement or unilateral decision of the employer. The Committee notes that, in any case, the problems complained about by the Dockers Union of the port of Mayor Del Callao do not refer to the inexistence of laws or regulations as much as they refer to their application, and as a result the application of the relevant provisions of the Convention. The Committee would be grateful if the Government would provide indications on the measures taken or envisaged to ensure compliance with national legislation as well as the relevant provisions of the Convention.

The Committee would be grateful if the Government would provide information on the question of the inexperience of new dockers raised by the Dockers Union which it considers to have resulted in longer working time for the more experienced dockers, bearing in mind Articles 4, paragraphs 1(c), 2(r), and 7, paragraph 2, of the Convention.

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The Committee notes the first and second reports of the Government on the application of the Convention. It notes the national regulations supplied with the Government's first report.

I. The Committee asks the Government to give in its next report detailed information for each Article of the Convention on the provisions of laws and regulations or on any other measures adopted to ensure the application of each of the provisions of the Convention (Point II of the report form).

II. The Committee asks the Government to provide in its next report more particularly information on the following points.

1. Articles 1, 7, paragraph 1, 36, paragraph 1, and 37, paragraph 2, of the Convention. The Committee asks the Government to indicate the provisions under which the competent authority must consult the employers' and workers' organizations concerned to give effect to these provisions. It asks the Government to describe the manner in which the above organizations are consulted.

2. Article 4, paragraphs 1(e) and 2(p), and Article 35. The Committee notes that under section 33(j) of the regulations on industrial health and safety committees, one of the obligations of such committees is to cooperate with first-aid services. The Committee asks the Government to indicate which provision of the law or regulations prescribes the establishment of first-aid facilities in ports, and which provision covers the provision and maintenance in ports of appropriate and adequate rescue facilities.

3. Article 18, paragraphs 3 to 5. The Committee notes that, according to section 75 of the regulations on health and safety for workers in all sea and river ports, hatch covers and beams must be marked to indicate the hatch to which they belong (paragraph 3 of Article 18). The Committee asks the Government to indicate the provisions establishing that hatch covers and other power-operated ships' equipment shall be opened or closed only by authorized persons (paragraphs 4 and 5).

4. Article 19. The Committee notes that several provisions of national regulations (e.g. those of sections 15, 16, 41 and 64 of the health and safety regulations for workers in all maritime and river ports) prescribe measures to protect openings and to prevent workers from falling. It asks the Government to indicate the measures that must be taken in order to prevent the fall of vehicles. Please indicate also the measures governing the designation of a responsible person to ensure that the measures referred to in paragraph 2 of this Article are carried out.

5. The Committee asks the Government to indicate the measures taken or envisaged to give effect to the following provisions of the Convention.

Article 4, paragraph 1(f). (Procedures to deal with any emergency situations.)

Article 4, paragraph 2(a). (General requirements concerning dock structures and other places at which dock work is carried out.)

Articles 4, paragraph 2(d), and 16. (Measures to be taken to ensure the safety of workers during land or water transport.)

Articles 4, paragraph 2(f), and 21, paragraph 1. (Safety measures concerning the construction and maintenance of lifting and other cargo-handling appliances.)

Article 4, paragraph 2(g) and (h). (Safety measures concerning the construction, maintenance and use of staging; rigging and use of ships' derricks.)

Articles 4, paragraph 2(k), and 10, paragraph 1. (Safety measures used in the stacking and storage of goods; preparation and maintenance of surfaces used for this purpose.)

Articles 4, paragraph 2(l), and 32. (Measures, including those required by international regulations, to be taken in order to ensure workers' safety in handling dangerous substances and cargo.)

Article 4, paragraph 2(o). (Measures to be taken to ensure medical supervision.)

Article 4, paragraph 3. (Adoption of technical standards or codes of practice or the use of other appropriate methods to ensure the practical application of prescriptions laid down in the national legislation, in accordance with paragraph 1 of Article 4 of the Convention.)

Article 9, paragraph 2. (Marking and lighting of any obstacle liable to be dangerous to the movement of a lifting appliance, vehicle or person.)

Article 10, paragraph 2. (Precautions to be taken where goods or materials are stacked, stowed, unstacked or unstowed, having regard to their nature and their packing.)

Article 11. (Provision of sufficiently wide passageways to permit the safe use of vehicles and cargo-handling appliances; provision of passageways for pedestrian use.)

Article 13, paragraph 2. (Measures to be taken so that the power to machinery may be cut off promptly if necessary.)

Article 13, paragraphs 5 and 6. (Rules to be followed when the guard or safety device has been removed.)

Article 18, paragraph 1. (Prohibition from using a hatch cover or beam unless it is of sound construction, of adequate strength for the use to which it is to be put and properly maintained.)

Article 20, paragraphs 1 and 2. (Measures to ensure the safety of workers in the hold or on a cargo deck of a ship when power vehicles or power-operated appliances are in use; prohibition from removing or replacing hatch covers and beams while work is in progress in the hold under the hatchway.)

Article 29. (Measures to ensure that pallets and similar devices are of sound construction and adequate strength.)

Article 31. (Measures to ensure that the safety of the workers is ensured by the layout and operation of freight container terminals and, in the case of ships carrying containers, by the manner in which the work is organized.)

Article 34, paragraph 3. (Proper maintenance of personal protective equipment and protective clothing.)

Article 38, paragraph 2. (Prohibition from employing as operators of lifting appliances and other cargo-handling appliances persons under the age of 18 years who do not possess the necessary aptitudes and experience and who are not under training.)

III. The Committee notes the information supplied by the Government in its report, concerning the handbook setting out prescriptions for the prevention of occupational accidents in dock work. The Committee also notes that certain provisions of regulations such as the regulations on safety in industry, approved by Presidential Decree No. 42-F of 22 May 1964, and the regulations on the opening and sanitary control of industrial enterprises, approved by Presidential Decree No. 29/65 DGS of 8 February 1965, give effect to several provisions of the Convention. The Committee would be grateful if the Government would provide a full copy of these texts with its next report.