Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided by the Government in reply to its previous comments. It notes in particular the information concerning Articles 5(2), 6(2), 7(2), 9(2), and 10(2) of the Convention. The Committee would be grateful if the Government would provide information on the measures adopted to give effect to the following provisions of the Convention.

Articles 4(1)(c) and (2)(r), and 38(1). Further to its previous comments, the Committee notes the information that by virtue of section 58(1) of the Factories Ordinance Cap. 297 of 1950, the provisions of the Ordinance mentioned in subsection (1) of section 58 shall apply to every dock, wharf or quay as if it were a factory. The Committee notes however, that the only provisions of Part V thus made applicable to every dock, wharf or quay are those referred to in section 58(1)(c) and (d), but it does not include section 29 of the Ordinance. Moreover, according to section 58(2), second paragraph of the Ordinance, even the only such provisions mentioned in the said paragraphs (c) and (d) of the same section 58(1) shall not apply in relation to any such machinery or plant (used in loading, unloading, or coaling of any ship in any dock or harbour) which is on board a ship and is the property of the shipowner. The Committee recalls the Government’s indication in its earlier report that section 29 of Part V of the same Ordinance applies these Articles of the Convention. The Committee requests the Government to provide clarification on this question. In the event that section 29 of the Ordinance does not apply to every dock, wharf or quay, and to the extent that section 58(2) of the same Ordinance also excludes even the few provisions of Part V of the Ordinance that were considered applicable, from applying to the machinery or plant which is on board ship (used in loading and unloading operations in ports or harbours), the Committee requests the Government to take the necessary measures to apply these Articles of the Convention.

Article 4(1)(f) and (3). Further to its previous comments, the Committee notes the information that no standard or code of practice or other appropriate methods consistent with national practice and conditions have been developed yet to implement in practice the emergency plans set by the fire and safety department referred to by the Government in an earlier report. The Committee recalls that the practical implementation of the measures taken in pursuance of Article 4(1)(f) of the Convention is required to be ensured or assisted by technical standards or codes of practice approved by the competent authority, or by other appropriate methods consistent with national practice and conditions. The Committee hopes the Government will take the necessary measures to give effect to these provisions of the Convention.

Articles 4(2)(b) and 12. Further to its previous comments, the Committee notes the information that sections 41 and 42 of the Factories Ordinance provide for the requirements of these Articles of the Convention. The Committee refers to its comments under Articles 4(1)(c) and (2)(r), and 38 above. It notes that sections 41 and 42 of the Ordinance are in its Part V but that, by virtue of section 58(1)(c) and (d) of the Ordinance, they appear not to be applicable to every dock, wharf or quay. It would be grateful if the Government would provide clarification on this matter. In the event sections 41 and 42 of the Factories Ordinance do not apply to every dock, wharf or quay, the Committee requests the Government to take the necessary measures to give effect to these provisions of the Convention.

Article 4(2)(o) and (q). Further to its previous comments, the Committee notes the information that the requirements of these subparagraphs of Article 4(2) of the Convention are reflected in the Factories Ordinance (Occupational Health Services) Rules 1985. Please provide a copy of these Rules with the next report.

Article 11(1). Further to its previous comments, the Committee notes the information that no standard width for passageways permitting the safe use of vehicles and cargo-handling appliances has been set yet. The Committee would be grateful if the Government would indicate how compliance is ensured with the requirements of this provision of the Convention.

Article 13(2), (3) and (6). Further to its previous comments, the Committee notes the information that section 29 of the Factories Ordinance applies the requirements of these paragraphs of Article 13 of the Convention, and that training on labelling of dangerous areas has been conducted by the Factories Inspectorate at the ports. It also notes that the fire and safety department at the port is responsible for ensuring that the requirements of these paragraphs of the Article are met. The Committee refers to its comments under Articles 4(1)(c) and (2)(r), and 38(1) above, regarding the question of the applicability of section 29 to every dock, wharf or quay. Please indicate the measures taken or envisaged to ensure that the requirements regarding the guarding of all dangerous parts of machinery are met as required by this provision of the Convention.

Article 14. Further to its previous comments, the Committee notes the information that the Government is planning to establish electrical national standards and regulations or adopting suitable international standards, and that these will address the problem. Please keep the Office informed of all developments in this regard.

Article 20(1). Further to its previous comments, the Committee notes the information that surprise inspections by factories inspectors ensure the safety of workers required to be in the hold or on a cargo deck of a ship when power vehicles operate appliances. The Committee would be grateful if, in addition to such inspections, the Government would take all other measures to meet the requirements of this paragraph of Article 20. In this regard it wishes to draw the Government’s attention to the ILO Guide to Safety and Health in Dock Work, and more particularly Chapters 7 and 9 of the Guide.

Article 26(1)(b). The Committee notes the information provided by the Government in reply to its previous comments, that there are no measures adopted to ensure the requirements of this subparagraph of Article 26, but that the Dock Rules will be amended to this end. Please keep the Office informed of all developments in this regard and please supply a copy of the adopted amendments.

Article 28. Further to its previous comments, the Committee notes the information that the Dock Rules will be amended to meet the requirement that every ship shall carry rigging plans and any other relevant information necessary to permit the safe rigging of its derricks and accessory gear. Please keep the Office informed of any developments in this respect, and please supply a copy of the adopted amendments.

Article 33. The Committee notes the information provided by the Government in reply to its previous comments, that the Government is preparing rules that will cover industrial hygiene problems including the problem of excessive noise. The Committee hopes these rules will be adopted soon and that they will be made applicable to dock work. Please keep the Office informed of all developments in this regard and please supply a copy of the adopted rules.

Article 36(2). Further to its previous comments, the Committee notes the information that the Government has prepared the Factories (Occupational Safety and Health Services Fees) Rules 2001, section 36 of which draft, covering occupational health services, will provide that the cost of medical examinations and investigations will be covered by the employers. Please keep the Office informed of all developments in this regard and please supply a copy of the adopted Rules. Please provide information on the applicable rules in Zanzibar.

Article 37. Further to its previous comments regarding the establishment of safety and health committees in ports, the Committee notes the information that the Government is repealing the Factories Ordinance and changing it into an Occupational Health and Safety Act, whereby the requirements of Article 37 of the Convention will be addressed. It also notes the information that the Factories Inspectorate is in the process of changing into a Government Executive Agency and there is a plan to establish a national occupational health and safety policy and that under such plan, safety and health committees will be encouraged to be established in the workplace. The Government indicates also that as a government agency, the Factories Inspectorate will have enough resources to do follow-ups and to ensure that safety and health committees are established at workplaces. Please keep the Office informed of all developments in this respect and please supply a copy of the adopted Occupational Health and Safety Act.

Article 38. The Committee notes the information provided by the Government in reply to its previous comments, that the Dock Rules are being amended to provide for the required procedures, instructions and training with a view to ensuring that no worker is employed in dock work unless he has been given adequate instruction or training. The Committee hopes these amendments will be adopted soon and thus bring the legislation into line with this provision of the Convention. Please supply a copy of the adopted amendments.

Article 38(2). The Committee notes the information provided by the Government in reply to its previous comments, that section 32(8) of the Factories Ordinance provides for the requirements of this paragraph of Article 38 of the Convention. The Committee draws the attention of the Government to its comments above under Articles 4(1)(c) and (2)(r), and 38(1), of the Convention. Please provide clarifications as to the application of section 32(8) of the Ordinance in light of section 58(1) of the same Ordinance.

Article 41 and Part V of the report form. The Committee notes the information provided in the Government’s report in reply to its previous comments, that in order to ensure the implementation of the Docks Rules, 1962, statutory inspections consisting of: plant inspection of lifting machinery, lifting tackles, ropes, pulleys and docks, etc. in application of sections 26 to 31 of the Dock Rules; occupational hygiene surveys; and occupational health surveillances are conducted. Moreover, the Government indicates that the implementation of the main legislation of the Docks Rules, 1962, and the Factories Ordinance, is complemented by the Factories (Occupational Safety and Health Services Fees) Rules 2001, which the Government indicates will be in force by July 2001. It further states that while no survey has been conducted, under the new Executive Agency (OSHA) this will be done and the statistics will be made available. The Committee hopes that these measures will be taken soon in order to ensure that appropriate inspection services supervise the application of the measures taken in pursuance of the Convention. It also hopes that extracts from the inspection reports, information on the number of workers covered by the legislation, and the number and nature of the contraventions reported, will be attached to the Government’s next report.