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Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) - China (RATIFICATION: 1935)

Other comments on C032

Direct Request

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Legislation. With reference to its previous comments, the Committee notes the Government’s indication that it has incorporated in domestic laws and regulations, and technical rules some relevant requirements under Articles 3, 4, 5, 6, 8, 9(2), 12 and 14 of the Convention. In this regard, the Government refers specifically to the following texts: (i) the Technical Regulations on the Statutory Survey of International Sailing Ships on the Sea; (ii) the Technical Regulations on the Statutory Survey of Domestic Sailing Ships on the Sea; (iii) the Technical Regulations on the Statutory Survey of Small Vessels; and (iv) the Technical Regulations on Statutory Inspection of Hoisting and Lifting Equipment. The Committee requests the Government to provide a copy of the above-mentioned laws and regulations, if possible in a working language of the Office, in order to enable an assessment of their conformity with the relevant Articles of the Convention.

Texts giving effect to the Convention. In the absence of information in reply to its previous comments, the Committee urges the Government to provide information on relevant legislation or regulations adopted, or on any measures taken or envisaged to give effect to the following articles of the Convention:

Article 2 of the Convention. Condition of regular approaches over a dock, wharf, quay or similar premises used by workers; Article 6. Measures for the protection of hatchways and all other openings on board a ship; Article 8. Safety measures for workers when engaged in removing or replacing hatch coverings; Article 9(2)(3). Annealing of chains and similar gear carried on board ship or not carried on board ship; Article 9(2)(6). Fencing of motors, cogwheels, chain and friction gearing and live electric conductors; Article 9(2)(7). Means with which cranes and winches must be provided to reduce to a minimum the risk of the accidental descent of a load; Article 9(2)(8). Measures to prevent exhaust steam from obscuring any part of the workplace; Article 9(2)(9). Measures to prevent the foot of a derrick being accidentally lifted out of its socket or support; Article 11(4). Procedure for beginning work at a hatch; Article 11(5). Precautions to facilitate the escape of the workers when dealing with bulk cargo; Article 11(6). Use of stages in various processes; Article 11(7). Use of gear in a hold when the working space is confined to the square of the hatch; Article 11(9). Use of an automatic indicator or a table showing the safe working loads for shore cranes; Article 13. First-aid facilities and equipment at docks, wharves, quays and similar places; provisions for the rescue of immersed workers from drowning; Article 14. Prohibition of the removal of or interference with any means of access or life-saving means by unauthorized persons; Article 16. Obligation to apply the provisions of the Convention to ships the building of which is commenced after the date of ratification; and Article 18. Undertaking by the Member State to enter into reciprocal arrangements with other Members which have ratified the Convention.

Article 9(2)(2) and (4). The Committee previously noted that the expression “in accordance with the usual standards of maintenance” is fairly widespread in the regulations supplied by the Government. This expression is found in the provisions of Chapter II, paragraph 1, Chapter IX, paragraph 2, Chapter X, paragraph 2 and others, and in the safety rules for the use of mobile loading and unloading gear and appliances. In the absence of a reply to its previous requests, the Committee urges the Government to explain what this expression implies and to state whether the keeping of a record is mandatory during the inspection prescribed by the provisions in question.

Article 17 of the Convention and Part V of the report form. Application in practice. The Committee notes the Government’s indication that up until May 2019 a total of 4,672 labour security supervision agencies were set up in the country with a total of 26,000 full-time labour security inspectors, 26,700 part-time labour security inspectors and 72,000 labour security coordinators. Additionally, the Government indicates that normative documents of relevant laws, regulations and policies are posted in prominent positions to enhance the safety awareness of dockworkers and strengthen safety production capacity of enterprises concerned. The Committee however notes with regret that the Government fails once again to provide the requested information on the number of inspections carried out in relation to cargo handling in the port sector, as well as regarding the number, nature and result of contraventions reported, and the number, nature and cause of accidents recorded in the sector. As a result, the Committee urges the Government to provide detailed information on the number of inspections carried out in relation to the enforcement of regulations prescribed for the protection of the dockworkers against accidents, the number of contraventions reported, and the number, nature and causes of accidents recorded in cargo handling operations. The Committee also reiterates its request for information on the penalties prescribed in accordance with Article 17(2) for breaches of the regulations.

Prospects for the ratification of the most up-to-date Convention. The Committee encourages 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.