Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the comprehensive information provided by the Government in its latest report in response to the Committee’s previous comments. The Committee notes that the Government has provided information on the provisions of national legislation and regulations that give effect to Articles 1, 3(e)–(h), 22(2)–(4), 25(3), 32(3)–(4) and 37(1)–(2) of the Convention. The Committee further notes that the Government has indicated that no exemptions, as permitted by Article 2, have been granted. The Committee asks the Government to keep it informed with regard to any exemptions that may be granted under Article 2 of the Convention, and to continue to provide information on legislative measures undertaken with regard to the Convention.

Article 38(2) of the Convention. The restriction on the operation of lifting or other cargo‑handling appliances to persons at least 18 years of age, or to persons under training who are properly supervised. The Committee notes the information provided by the Government which indicates that section 8.5 of the Working Conditions Act, 1998 (WCA) states that in cases where workers are under the age of 18, employers must, when carrying out the activities required under the preceding paragraphs, take particular account of the fact that these workers are, because of their age, lacking in work experience and not yet physically or mentally fully mature. Recalling that the provisions of Article 38(2) state that a lifting appliance or other cargo-handling appliance shall be operated only by persons who are at least 18 years of age, and who possess the necessary aptitudes and experience, or by persons under training who are properly supervised, the Committee asks the Government to provide information on the specific measures in law and in practice which ensure that full effect is given to the present Article.

Part V of the report form. Application in practice. The Committee notes the comprehensive information provided by the Government with regard to the application of the Convention in practice. The Government indicates that, in addition to the regular activities of the labour inspectorate, an international conference on safe handling of containers with dangerous substances was organized in 2009 with the support and participation of trade unions, including the Netherlands Trade Union Confederation (FNV). The Committee also welcomes the information provided by the Government on the activities undertaken by the labour inspectorate, including research undertaken in 2007 on the occurrence of work stress in dock workers; the harbour programme consisting of broad surveillances in sea harbours and inland harbours on basic risks such as safety during loading and unloading, exposure to dangerous goods and safe maintenance of machinery and lifting equipment; the Fysical Strain seminar in April 2009 where social partners agreed upon joint action; a meeting between Dutch, Belgian and German harbour inspectors to exchange experiences and join forces on better and smarter methods for improving compliance; and the information campaign focusing on the safety of inland navigation with a view to strengthening compliance with requirements. The Committee further notes the information indicating that the recent shift of the Government’s role in terms of national policy on occupational safety and health has not had any impact, and that it is possible that no impact will be seen on the implementation of this Convention. The Committee also notes that, with respect to self-employed workers, the Government agrees with the FNV that enforcement of the WCA is only partly possible; and further notes the reference made to the ILO code of practice on safety and health in ports, (ILO, 2005) which states in section 2.1.9.1 that “self‑employed persons are responsible for the safety and health of themselves and others who may be affected by their actions”. The Committee asks the Government to continue to provide information on the application of the Convention in practice; to keep it informed of any impact on the implementation of the Convention as a result of the recent shift in the Government’s role on OSH; and to provide up-to-date statistical information on the number of offences, accidents and fatalities recorded as a result of dock work.