Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

I. The Committee takes note of the Government's reply to its previous comments, and the documents appended to the report, and it notes the information concerning the application of the following Articles of the Convention: Articles 1 and 2; Article 4, paragraph 3; Article 5, paragraph 2; Article 6, paragraph 2, in conjunction with Article 37; Article 18; Article 24, paragraph 2; Articles 29 and 30; Article 32, paragraphs 1 and 2; Article 33 and Article 36, paragraphs 1(c) and (2).

II. With regard to the other matters raised in its comments, the Committee would note the following:

1. Article 4, paragraph 2(d), in conjuction with Article 16, paragraph 2, of the Convention. The Government indicates in its report that there are no specific provisions concerning safety measures during the transport of workers to and from a workplace on land, as provided for in the above provisions of the Convention; it states, however, that the matter will be raised with the competent authorities so that they can adopt the necessary measures. The Committee notes this statement with interest and hopes that the next report will indicate the measures taken in this respect.

2. Article 4, paragraph 2(h), in conjunction with Articles 27, paragraph 3, and 28. The Government indicates in its report that the provisions giving effect to the above Articles of the Convention - which concern the safety measures in respect of rigging and use of ships' derricks including keeping on board rigging plans and other relevant documents - are contained in the Regulation respecting the maritime deck inspection service (Reglamento de Servicio de Inspección naval de Cubierta). Please supply a copy of these Regulations, which have not been received by the Office.

3. Article 22. The Committee notes the information supplied by the Government regarding the testing of lifting appliances and items of loose gear before they are put into use for the first time and after any alteration or repair. It requests the Government to specify: (a) whether lifting appliances forming part of a ship's equipment shall be retested at least once in every five years (paragraph 2 of the above Article); (b) whether shore-based lifting appliances are also subject to the above tests and at what intervals (paragraph 3 of this Article); and (c) whether, upon the completion of every test, the appliance or gear that has been tested shall be thoroughly examined and certified by the person carrying out the test (paragraph 4 of Article 22).

4. Article 24, paragraph 1. The Committee notes the Government's indications and has also examined the provisions of the national Regulations referred to in its report, and particularly section 72 of the Regulation on the procedure for obtaining and renewing licences issued to workers engaged in the operation of port appliances, and their validity, and on safety measures (Reglamento para la obtención, renovación y vigencia de las licencias para operadores de equipo portuario y las disposiciones de seguridad). The Committee requests the Government to specify whether provisions (such as instructions) also exist prohibiting the reuse of expendable or disposable slings and providing that, in the case of pre-slung cargoes, the slings shall be inspected as frequently as is reasonably practicable, as set down in this provision of the Convention.

5. Article 25. The Committee notes the information concerning the matters to be recorded in the reports established by the inspection services and port authorities following inspection visits performed on board ships and on shore. The Committee also examined the Regulations referred to by the Government on this subject. It requests the Government to indicate: (a) whether the records referred to above also specify the maximum working load of lifting appliances, and the dates and results of the tests and examinations carried out on these appliances and on items of loose gear (paragraph 1 of Article 25); and (b) whether the national regulations provide for a register of the lifting appliances and items of loose gear, account being taken of the model recommended by the International Labour Office (paragraph 2 of the above Article).

6. Article 31. In reply to the Committee's comments concerning the safety measures relating to the arrangement of container terminals and the organisation of work in these terminals, and the means that shall be provided in the case of ships carrying containers for the safety of workers lashing or unlashing the containers (in accordance with the above Article of the Convention), the Government states that it will examine the possibility of drafting regulations on this subject. The Committee notes this statement with interest and hopes that it will be possible to indicate the progress that has been achieved in this respect in the next report.

III. Furthermore, the Committee once again requests the Government to supply with its next report copies of the following regulations, which were referred to in the report but have not been received by the Office:

- Regulation on appliances in ports under the authority of the state administration (Reglamento de operación de los puertos de Administración Estatal);

- Regulation concerning the Federal Labour Inspection Service (Reglamento de Inspección Federal del Trabajo);

- New Regulation on occupational safety (Nuevo Reglamento de Higiene del Trabajo, 1949).

Please also supply a copy of the official technical standards for Mexico and particularly Nos. NOM-R-100, NOM-R-125 and DGN-R-131-1972.

IV. The Committee would also be grateful if the Government would supply information in its next report on the application of the Convention in practice, including the statistics and documents required under point V of the report form for this Convention.