Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information provided by the Government in its report. It draws the Government’s attention to the following points.

Article 2, paragraph 3, of the Convention. Statistics. In its previous comments, the Committee requested the Government to indicate clearly the department on board ship (for instance, deck, engine, catering) and the area (for instance, at sea or in port) where accidents occurred. Such indications are particularly important where an investigation has to be undertaken by the competent authority, in accordance with paragraph 4 of this Article, with a view to establishing the causes and circumstances of occupational accidents resulting in loss of life or serious personal injury.

The Government reiterates the information that it provided previously, namely that Mexican Official Standard NOM-021-STP-1993, which is generally binding by all those in charge of workplaces, does not apply exclusively to work on ships. It cannot therefore establish the obligation to indicate the department of the ship on which an accident occurs. Furthermore, it reaffirms that a joint reading of points 20 and 27 of form CM-2A “occupational accident report” and section 3.3.1, Chapter XVI, of the above Mexican Official Standard means that the department of the ship in which the accident occurred can be inferred. The Committee once again requests the Government to envisage the possibility of adopting a provision which requires that statistics concerning accidents on board ship should determine clearly the department of the ship (for instance, deck, engine, or catering) and the area (for instance, at sea or in port) where the accident occurred so as to give full effect to the provisions of the Convention.

Article 4, paragraphs 2 and 3(d). Provisions for the prevention of accidents. In 1991, the Government indicated that the Crew Safety Manual was being reviewed with a view to the inclusion of provisions on the prevention of accidents specifically applicable to the work of seafarers and special safety measures on and below deck. Since then, the Committee has requested the Government to keep it informed of any developments in the situation and to provide a copy of this document once it had been revised. The Government has still not provided any indication on this matter in its last report.

The Confederation of Mexican Workers (CTM) indicates that, to its knowledge, the port authorities have not adopted measures for the prevention of accidents on board vessels. The Committee requests the Government to indicate whether the Crew Safety Manual has been modified and to provide a copy of this document with its next report. If not, it requests the Government to take all the necessary measures to ensure that provisions concerning the prevention of occupational accidents applicable to the work of seafarers and special safety measures on and below deck are laid down in the near future.

Article 8. Programmes for the prevention of accidents. The CTM observes in its comments that, contrary to the provisions of the Convention, there is no national programme for the prevention of accidents on board vessels involving the establishment of joint committees specifically entrusted with the prevention of maritime accidents. The Committee requests the Government to provide further information on the existence of programmes for the prevention of accidents.

Part V of the report form. Application in practice. In its previous comments, the Committee requested the Government to provide general information on the application of the Convention in practice. The Government includes with its report a table on the workers affiliated to the Mexican Social Security Institute (IMSS). The Committee requests the Government to provide general information in its next report on the manner in which the Convention is applied, including extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the registered accidents, as well as on any contraventions reported and the action taken as a result.