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The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).
Articles 4 and 8 of the Convention. Transport of workers to a ship by water; safety of workers engaged in removing or replacing hatch coverings and beams used for hatch coverings. Referring to its previous comments, the Committee notes the indication that the Rules for the statutory certification of ships, occupational safety and crew accommodation (Official Gazette No. 32/18) give effect to Articles 4 and 8 of the Convention. The Committee notes that, while the above Rules stipulate the protection measures for workers to ensure access to and from the ship, they refer rather to the means of embarkation and disembarkation, such as embarkation gangways and ladders, and do not regulate the matter of the safe transport of workers who must proceed to a ship by water for the handling processes, provided for under Article 4 of the Convention. The Committee requests the Government to indicate the legislative texts which give effect to Article 4 of the Convention concerning the obligation to ensure the safe transport of workers who must proceed to a ship by water.
Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government showing 49 inspections relating to the application of the occupational safety regulations by 35 port operators between 2014 and 2016, with 30 of such inspections conducted following an occupational accident. The Committee requests the Government to continue providing detailed information on labour inspection in ports, including on the number, nature and causes of the accidents reported, as well as on the violations registered and penalties imposed.
Prospects for ratification of 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. The Committee requests the Government to keep it informed of 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 initially made in 2013.
Repetition
Application of Articles 4, 8 and 11 of the Convention. Transport of workers to a ship by water; safety of workers engaged in removing or replacing hatch coverings and beams used for hatch coverings; provisions regarding loading operations. The Committee notes the information that the Republic of Croatia issued the Maritime Code (Official Gazette No. 146/08 and 61/11) and the Act on protection at work (Official Gazette No. 86/08 and 75/09). It also notes from the Government’s report that the Act on labour protection (Official Gazette No. 86/08, 116/08 and 75/09) does not regulate questions regarding the protection at the workplace especially for port workers and the workers who work in loading or unloading ships and that the provisions on the safety of a ship’s crew, including the equipment used when loading and unloading cargo, comply with a number of international instruments as provided for in technical rules for the certification of ships (Official Gazette No. 27/11). The Committee draws the Government’s attention to the fact that the report should give a list of the relevant legislation which applies the Convention, as well as indicate in detail for each Article of the Convention the provisions of the relevant legislation under which each Article is applied. The Committee therefore requests the Government to provide detailed information on the specific provisions of the relevant legislation giving effect to each of the paragraphs of Articles 4, 8 and 11 of the Convention.
Part V of the report form. Application in practice. The Committee asks the Government to continue to provide detailed information on labour inspections in ports, including extracts from inspection reports, and, if such statistics are available, information regarding the number of workers covered by the Convention, the number and nature of the contraventions reported, and the number, nature and causes of accidents reported.

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Application of Articles 4, 8 and 11 of the Convention. Transport of workers to a ship by water; safety of workers engaged in removing or replacing hatch coverings and beams used for hatch coverings; provisions regarding loading operations. The Committee notes the information that the Republic of Croatia issued the Maritime Code (Official Gazette No. 146/08 and 61/11) and the Act on protection at work (Official Gazette No. 86/08 and 75/09). It also notes from the Government’s report that the Act on labour protection (Official Gazette No. 86/08, 116/08 and 75/09) does not regulate questions regarding the protection at the workplace especially for port workers and the workers who work in loading or unloading ships and that the provisions on the safety of a ship’s crew, including the equipment used when loading and unloading cargo, comply with a number of international instruments as provided for in technical rules for the certification of ships (Official Gazette No. 27/11). The Committee draws the Government’s attention to the fact that the report should give a list of the relevant legislation which applies the Convention, as well as indicate in detail for each Article of the Convention the provisions of the relevant legislation under which each Article is applied. The Committee therefore requests the Government to provide detailed information on the specific provisions of the relevant legislation giving effect to each of the paragraphs of Articles 4, 8 and 11 of the Convention.
Part V of the report form. Application in practice. The Committee asks the Government to continue to provide detailed information on labour inspections in ports, including extracts from inspection reports, and, if such statistics are available, information regarding the number of workers covered by the Convention, the number and nature of the contraventions reported, and the number, nature and causes of accidents reported.

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1. The Committee notes the Government’s brief report including the information that there have been no changes to the legislation regulating the issues contained in the Convention.

2. Application of Articles 4, 8, and 11 of the Convention. With reference to its previous comments, the Committee notes the Government’s statement that the Ministry of Sea, Tourism, Transport and Development was engaged in a process of reviewing the provision of the Convention with national legislation, including the Technical Rules on the Statutory Certification of Ships which contain provisions on occupational safety and health of ship crews, and the equipment used in loading and unloading cargo. The Committee requests the Government to transmit to it copies of all relevant legislation applying the Convention, in one of the working languages of the ILO, if possible, and to keep it informed of any legislative developments on this respect.

3. Part V of the report form. Application in practice of the Convention. The Committee requests the Government to supply information on the manner in which the Convention is applied in practice by providing, for instance, extracts from inspectors’ reports, statistics, details on the number and nature of the contraventions reported and of accidents reported.

4. The Committee takes the opportunity to recall that the Governing Body of the ILO has invited parties to Convention No. 32 to consider ratification of Convention No. 152, which revised Convention No. 32 (GB.268/LILS/5(Rev.1), paragraphs 99–101). Such ratification would automatically entail an immediate denunciation of Convention No. 32. The Committee also wishes to bring to the Government’s attention an ILO code of practice in this area, Safety and health in ports, Geneva, 2005. This code of practice is available, inter alia, through the ILO’s web site by following the link, http://www.ilo.org/public/english/
protection/safework/cops/english/index.htm. The Government is requested to keep the Committee informed of any developments in this respect.

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1. The Committee notes the information contained in the Government’s reports. It also notes the 2001 annual port inspection report.

2. Article 4 of the Convention. Transport of workers to a ship by water. The Committee notes the Government’s indication that Croatian legislation does not cover the question addressed by Article 4 of the Convention. The Committee requests the Government to indicate what measures are taken or envisaged to give effect to this Article and how its application is ensured in practice.

3. Article 8. Safety of workers when engaged in removing or replacing hatch coverings and beams used for hatch coverings. The Committee notes the indication in the Government’s report that the matters raised under this Article are not covered by national legislation. The Committee therefore requests the Government to indicate what measures are taken or envisaged to give effect to this Article and how its application is ensured in practice.

4. Article 11. Leaving a load suspended from a hoisting machine when there is not a competent person actually in charge of the machine. The Committee notes the Government’s statement that it is prohibited, in accordance with section 145 of the Regulations on the technical standards applicable to hoisting machines (Official Journal No. 6/84), to leave a load suspended on a hook or a rope without good reason. The Committee requests the Government to indicate what are the good reasons referred to in this section.

5. Part V of the report form. The Committee draws the Government’s attention to Part V of the report form and requests it to supply information on the manner in which the Convention is applied in practice by providing, for instance, extracts from inspectors’ reports, statistics, details on the number and nature of the contraventions reported and of accidents reported.

6. The Committee takes this opportunity to recall that the ILO Governing Body has requested States parties to Convention No. 32 to contemplate ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which revises Convention No. 32. Such ratification would automatically entail an immediate denunciation of Convention No. 32 (GB.268/LILS/5(Rev.1), paragraphs 99-101). The Committee also wishes to draw the Government’s attention to the recently adopted ILO code of practice on this subject, entitled Safety and health in ports, Geneva, 2005. The Committee requests the Government to keep it informed of any decision taken with respect to Convention No. 152.

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The Committee notes the information supplied by the Government in its report. It requests the Government to indicate in detail the provisions of laws, regulations, statements or documents which give effect to each of the Articles of the Convention, and any other measures under which they are applied. In addition, please provide any information specifically requested under individual Articles in the report form adopted by the Governing Body. Please also specify what steps have been taken to implement the provisions of the Convention requiring action by the competent authority.

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