Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the Government’s replies to its previous comments that the requirements of Article 8 of the Convention (the measures of security for hatch coverings and beams used for hatch coverings), Article 13, paragraph 2 (the rescue of immersed workers from drowning), Article 14 (prohibiting the removal of or interference with any fencing, gangway, gear, ladders, etc.), and Article 18 (agreements of reciprocity) were not provided for or were only provided for in general terms in Decree No. 351/79. The Committee would like to point out that specific measures have to be taken to provide for the requirements of these Articles of the Convention under national legislation. It trusts the Government will take the necessary measures soon and thus give effect to these provisions of the Convention.

2. The Committee notes the Government’s reply to its previous comments regarding the two denunciations submitted to the National Department of Health and Safety at Work by the Union of Maritime Workers of Argentina, alleging violations of Act No. 19587 and imposition of excessively long working days by the Argentinian Port Enterprise. It notes the information that a visit made by the labour inspectorate revealed that there was neither a reference to the tonnage of goods handled nor to the observance of occupational safety and health safety standards, and that the length of the working days were legal. The Government report indicates that the Union was invited to take note of these findings. Upon its failure to do so, the matter was classified. The Union had also alleged that only 39 stevedores were engaged and that personnel aged between 18 and 23 years were engaged, and 12 hours of work per day were imposed. Following visits made by the labour inspectorate, the enterprise was found to be in order in respect to all its personnel. The matter was classified after the Union failed to respond to an invitation to take note of these findings.

3. Further to its previous comments, the Committee notes the information that no procedures had commenced with a view to ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152).