Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Further to its observation the Committee notes that Article 108 of the newly adopted Occupational Safety and Health Act, 2003 (No. 5), provides that existing rules adopted under the Factories Ordinance of 1950 would remain in force until revoked or replaced. It also notes that the Government indicates that subsidiary legislation and standards to the Occupational Safety and Health Act was being prepared. With reference to its previous comments, the Committee requests the Government to transmit to it copies of the current Factories Ordinance (Occupational Health Services) Rules 2001. It also requests the Government to transmit to it any new legislation relevant for the implementation of the present Convention.

2. Article 4, paragraph 1(f) of the Convention. Procedures for emergency situations; and paragraph 3. Technical standards. Further to its previous comments, the Committee notes the Government’s report is silent as regards the application of these provisions of the Convention. In the context of the application of paragraph 3 of this Article, the Government may wish to consult the ILO Code of practice, Safety and Health in Ports, Geneva, 2005, which is available, inter alia, through the ILO’s web site by following the link: http://www.ilo.org/public/
english/protection/safework/cops/english/index.htm. The Committee request the Government to provide information on measures taken or envisaged to give effect to these provisions of the Convention.

3. Article 11, paragraph 1. 1. Width of passageways for pedestrians and cargo-handling appliances. Article 14. Installation, construction, operation and maintenance of electrical equipment. Further to its previous comments, the Committee notes the Government’s statement that standards on width for passageways permitting the safe use of vehicles and cargo-handling appliances as well as electrical national standards and regulations have yet to be developed. The Committee hopes that these issues will be regulated in new legislation to be developed. It requests the Government to keep the Office informed of all developments in this regard and supply a copy of relevant texts once they have been adopted.

4. Article 13, paragraphs 2, 3 and 6. Measures to be taken so that the power to any machinery may be cut off promptly if necessary and rules to be followed when the guard or safety device has been removed. Further to its previous comments, the Committee notes that the indications provided by the Government do not seem to address the issues provided for in these provisions of this Article of the Convention. The Committee requests that the Government indicates measures taken to give effect to the provisions of this Article of the Convention.

5. Article 20, paragraph 1. Safety of workers in the hold or on the cargo deck during operations. Article 26, paragraph 1(b). Arrangements for the mutual recognition of testing requirements. Article 28. Rigging plans. Article 33. Protection of workers against excessive noise. Further to its previous comments, the Committee notes that the Government’s report is silent as regards the application of the provisions of these provisions of the Convention. The Committee requests the Government to indicate measures taken, in law and in practice, to give effect to these provisions of the Convention.

6. Article 36, paragraph 1(a) and (b). Periodicity for medical examinations. The Committee notes that while section 24 of the Occupational Safety and Health Act 2003, provides a thorough pre-placement and periodic occupational medication examination for fitness for employment and for employees shall be carried out by a qualified occupational health physician, there is no reference to the periodicity of these medical examinations. The Committee requests the Government to indicate measures taken to give effect, in law and in practice, to the requirement to provide for medical examinations regulated in this Article. It also requests the Government to indicate the maximum intervals at which periodic medical examinations of portworkers are carried out in practice.

7. Part V of the report form. Application in practice. With reference to its previous comments, the Committee reiterates its request to the Government to provide a general appreciation of the manner in which the Convention is applied in the country and attach extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported.