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

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.)