Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

1. The Committee notes the information contained in the Government’s report focusing, in particular, on supervision of the conditions in ports and developments regarding port State control.

2. Article 17 and Part V of the report form. Practical application of the Convention. The Committee notes the information in the Government’s report that, by the end of 2006, a total of 3,200 labour inspection agencies had been set up in the whole country with a total of 22,000 full-time labour inspectors. In addition 26,000 part-time labour inspectors had been appointed by the labour departments and 20,000 labour supervisors by trade unions, relevant departments and enterprises. More specifically, regarding the supervision of port activities, the Committee notes the information that the number of inspectors supervising conditions in ports had increased over the past ten years and that they were increasingly better trained. Ports open for port State control had increased from 24 in 1994 to 46 in 2006 and the number of ships inspected from 961 in 1994 to 4,020 in 2006. It also notes that, with regard to the 4,020 foreign ships inspected in 2006, 24,459 contraventions were recorded and 319 ships subjected to demurrage. The Committee also notes that the Government indicates that, in exercising port State control inspection maritime authorities will conduct overall inspection of the ship, including loading and unloading equipment and tools, with emphasis on items covered by Articles 3, 5, 6, 8, 9 and 14 of the Convention. The Committee requests the Government to provide more detailed information on the result of the supervision of the application of the Convention including information on the type of contraventions noted with regard to matters regulated by the Convention. The Committee also reiterates its request for information on what penalties are prescribed in accordance with paragraph (2) of this Article for breaches of the regulations, and what measures are taken to ensure that copies or summaries of the regulations are posted up in prominent positions at places which are in use for the processes, in accordance with paragraph 3 of this Article.

3. With regard to other matters related to the application of the Convention, the Committee notes that the Government reports that no progress has been made in terms of legislative application of the Convention and that no information is provided as regards the meaning of “usual standards of maintenance” in relevant national legislation. The Committee must therefore repeat its previous request to the Government to indicate how the application of the following provisions of the Convention is ensured.

1. Article 2. Condition of regular approaches over a dock, wharf, quay or similar premises used by workers; Article 3. Means of access to ships: their dimensions, construction and condition and the method of securing them; Article 5. Means of access to the holds of ships when processes are being carried on in them; Article 6. Measures for the protection of hatchways and all other openings on board a ship; Article 8. Safety measures for workers when engaged in removing or replacing hatch coverings; Article 9, paragraph 2(3). Annealing of chains and similar gear carried on board ship or not carried on board ship; Article 9, paragraph 2(6). Fencing of motors, cogwheels, chain and friction gearing and live electric conductors; Article 9, paragraph 2(7). Means with which cranes and winches must be provided to reduce to a minimum the risk of the accidental descent of a load; Article 9, paragraph 2(8). Measures to prevent exhaust steam from obscuring any part of the workplace; Article 9, paragraph 2(9). Measures to prevent the foot of a derrick being accidentally lifted out of its socket or support; Article 11, paragraph 4. Procedure for beginning work at a hatch; Article 11, paragraph 5. Precautions to facilitate the escape of the workers when dealing with bulk cargo; Article 11, paragraph 6. Use of stages in various processes; Article 11, paragraph 7  Use of gear in a hold when the working space is confined to the square of the hatch; Article 11, paragraph 9. Use of an automatic indicator or a table showing the safe working loads for shore cranes; Article 13. First-aid facilities and equipment at docks, wharves, quays and similar places; provisions for the rescue of immersed workers from drowning; Article 14. Prohibition of the removal of or interference with any means of access or life-saving means by unauthorized persons; Article 16. Obligation to apply the provisions of the Convention to ships the building of which is commenced after the date of ratification; and Article 18. Undertaking by the mmber State to enter into reciprocal arrangements with other Members which have ratified the Convention.

2. Article 9, paragraph 2(2) and (4). Since the expression “in accordance with the usual standards of maintenance” is fairly widespread in the regulations supplied by the Government – it is used in the provisions of Chapter II, paragraph 1, Chapter IX, paragraph 2, Chapter X, paragraph 2, and others, and in the safety rules for the use of mobile loading and unloading gear and appliances – the Committee requests the Government to explain what this expression implies and to state whether the keeping of a record is mandatory during the inspection prescribed by the provisions in question.

4. As concerns the question of future ratifications of ILO Conventions in this area, the Committee notes the information that the Government was examining the possibilities of ratifying the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147), all the while making efforts to put in practice the basic principles of that Convention and that, in formulating relevant policies, the Government would take into account the 2005 code of practice on safety and health in ports. In this context the Committee recalls that the Governing Body of the ILO has invited parties to Convention No. 32 to consider ratification of Convention No. 152, which revised Convention No. 32 (GB.268/LILS/5(Rev.1), paragraphs 99–101). Such ratification would automatically entail an immediate denunciation of Convention No. 32. The Committee requests the Government to continue to keep it informed of any developments in this respect.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Further to its previous comments, the Committee notes from the Government’s most recent report that, due to the reform of the functioning undertaken by the Government since 1997, the dock management authority has been completely decentralized to local governments and that, contrary to previous indications, the Government is not, at present, considering developing unified national rules on safe dock operations. The Committee takes this opportunity to recall that the Governing Body of the ILO has invited parties to Convention No. 32 to consider ratification of the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which revised Convention No. 32 which would automatically entail an immediate denunciation of Convention No. 32 (GB.268/LILS/5(Rev.1), paragraphs 99 to 101). The Committee also wishes to bring to the Government’s attention the ILO’s newly adopted Code of Practice in this area, Safety and Health in Ports, Geneva, 2005 (on line at http://www.ilo.org/public/English/protection/safework/cops/english/). The Committee would be grateful if the Government would take these elements into consideration in developing its future national strategy related to safety and health in ports and to keep the Committee informed of any developments in this respect.

2. In the meantime, the Committee repeats its previous request to the Government to indicate how the application of the following provisions of the Convention is ensured:

2. Article 2 (condition of regular approaches over a dock, wharf, quay or similar premises used by workers); Article 3 (means of access to ships: their dimensions, construction and condition and the method of securing them); Article 5 (means of access to the holds of ships when processes are being carried on in them); Article 6 (measures for the protection of hatchways and all other openings on board a ship); Article 8 (safety measures for workers when engaged in removing or replacing hatch coverings); Article 9, paragraph 2(3) (annealing of chains and similar gear carried on board ship or not carried on board ship); Article 9, paragraph 2(6) (fencing of motors, cogwheels, chain and friction gearing and live electric conductors); Article 9, paragraph 2(7) (means with which cranes and winches must be provided to reduce to a minimum the risk of the accidental descent of a load); Article 9, paragraph 2(8) (measures to prevent exhaust steam from obscuring any part of the workplace); Article 9, paragraph 2(9) (measures to prevent the foot of a derrick being accidentally lifted out of its socket or support); Article 11, paragraph (4) (procedure for beginning work at a hatch); Article 11, paragraph (5) (precautions to facilitate the escape of the workers when dealing with bulk cargo); Article 11, paragraph (6) (use of stages in various processes); Article 11, paragraph (7) (use of gear in a hold when the working space is confined to the square of the hatch); Article 11, paragraph (9) (use of an automatic indicator or a table showing the safe working loads for shore cranes); Article 13 (first-aid facilities and equipment at docks, wharves, quays and similar places; provisions for the rescue of immersed workers from drowning); Article 14 (prohibition of the removal of or interference with any means of access or life-saving means by unauthorized persons); Article 16 (obligation to apply the provisions of the Convention to ships the building of which is commenced after the date of ratification); and Article 18 (undertaking by the member State to enter into reciprocal arrangements with other Members which have ratified the Convention).

3. Article 9, paragraph 2(2) and (4). Since the expression "in accordance with the usual standards of maintenance" is fairly widespread in the regulations supplied by the Government - it is used in the provisions of Chapter II, paragraph 1, Chapter IX, paragraph 2, Chapter X, paragraph 2, and others, and in the safety rules for the use of mobile loading and unloading gear and appliances - the Committee asks the Government to explain what this expression implies and to state whether the keeping of a record is mandatory during the inspection prescribed by the provisions in question.

4. Article 17. In view of the importance of due enforcement of the Convention in practice, the Committee asks the Government to indicate what system of inspection is in existence in the country, what penalties are prescribed in accordance with paragraph (2) of this Article for breaches of the regulations, and what measures are taken to ensure that copies or summaries of the regulations are posted up in prominent positions at places which are in use for the processes, in accordance with paragraph (3) of this Article.

5. Part V of the report form. The Committee notes the adoption, in 1994, of the Labour Law of the People’s Republic of China, and, in particular, section 57 which calls for the establishment of a system for recording, reporting and dealing with injuries, deaths and occupational diseases. Please indicate if this provision is applicable to dock work, and please provide available statistics and information regarding the number, nature and causes of accidents reported, etc., as required by Part V of the report form.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the Government's reply to its previous comments. The Government repeats the information that safety of workers employed in loading and unloading ships and their protection against accidents is at present mainly dealt with in the country by the various ports through the implementation of their own safe operation procedures. The Government states that judging from the contents of these procedures and specially from their implementation, it considers that the requirements of the provisions of the Convention are met. The Committee notes with interest the information that, pursuant to the Committee's suggestion, the competent public authority of the country is considering the formulation of unified national procedures on safe port operation based on the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152).

2. In the meanwhile, the Committee repeats its previous requests for the Government to indicate how the application of the following provisions of the Convention is ensured: Article 2 (condition of regular approaches over a dock, wharf, quay or similar premises used by workers); Article 3 (means of access to ships: their dimensions, construction and condition and the method of securing them); Article 5 (means of access to the holds of ships when processes are being carried on in them); Article 6 (measures for the protection of hatchways and all other openings on board a ship); Article 8 (safety measures for workers when engaged in removing or replacing hatch coverings); Article 9, paragraph 2(3) (annealing of chains and similar gear carried on board ship or not carried on board ship); Article 9, paragraph 2(6) (fencing of motors, cogwheels, chain and friction gearing and live electric conductors); Article 9, paragraph 2(7) (means with which cranes and winches must be provided to reduce to a minimum the risk of the accidental descent of a load); Article 9, paragraph 2(8) (measures to prevent exhaust steam from obscuring any part of the workplace); Article 9, paragraph 2(9) (measures to prevent the foot of a derrick being accidentally lifted out of its socket or support); Article 11, paragraph (4) (procedure for beginning work at a hatch); Article 11, paragraph (5) (precautions to facilitate the escape of the workers when dealing with bulk cargo); Article 11, paragraph (6) (use of stages in various processes); Article 11, paragraph (7) (use of gear in a hold when the working space is confined to the square of the hatch); Article 11, paragraph (9) (use of an automatic indicator or a table showing the safe working loads for shore cranes); Article 13 (first-aid facilities and equipment at docks, wharves, quays and similar places; provisions for the rescue of immersed workers from drowning); Article 14 (prohibition of the removal of or interference with any means of access or life-saving means by unauthorized persons); Article 16 (obligation to apply the provisions of the Convention to ships the building of which is commenced after the date of ratification); and Article 18 (undertaking by the member State to enter into reciprocal arrangements with other Members which have ratified the Convention).

3. Article 9, paragraph 2(2) and (4). Since the expression "in accordance with the usual standards of maintenance" is fairly widespread in the regulations supplied by the Government -- it is used in the provisions of Chapter II, paragraph 1, Chapter IX, paragraph 2, Chapter X, paragraph 2, and others, and in the safety rules for the use of mobile loading and unloading gear and appliances -- the Committee asks the Government to explain what this expression implies and to state whether the keeping of a record is mandatory during the inspection prescribed by the provisions in question.

4. Article 17. In view of the importance of due enforcement of the Convention in practice, the Committee asks the Government to indicate what system of inspection is in existence in the country, what penalties are prescribed in accordance with paragraph (2) of this Article for breaches of the regulations, and what measures are taken to ensure that copies or summaries of the regulations are posted up in prominent positions at places which are in use for the processes, in accordance with paragraph (3) of this Article.

5. Point V of the report form. The Committee notes the adoption in 1994 of the Labour Law of the People's Republic of China, and in particular section 57 which calls for the establishment of a system for recording, reporting and dealing with injuries, deaths and occupational diseases. Please indicate if this provision is applicable to dock work and please provide available statistics and information regarding the number, nature and causes of accidents reported, etc., as required by point V of the report form.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. The Committee noted from the Government's report that each port authority laid down regulations for its own use. The Committee requested the Government to supply the texts in question so that it might satisfy itself that the Convention was being applied.

In its latest report, the Government repeats that the regulations of each port are in conformity with the Convention. It also states that, if Convention No. 32 was revised, it would be possible to consider preparing unified national regulations in conformity with the new Convention.

The Committee draws the Government's attention to the Convention concerning Occupational Safety and Health in Dock Work, 1979, which is a revised version of Convention No. 32.

2. The Committee asks the Government to indicate how the application of the following provisions of the Convention is ensured: Article 2 (condition of regular approaches over a dock, wharf, quay or similar premises used by workers); Article 3 (means of access to ships: their dimensions, construction and condition and the method of securing them); Article 5 (means of access to the holds of ships when processes are being carried on in them); Article 6 (measures for the protection of hatchways and all other openings on board a ship); Article 8 (safety measures for workers when engaged in removing or replacing hatch coverings); Article 9, paragraph 2(3) (annealing of chains and similar gear carried on board ship or not carried on board ship); Article 9, paragraph 2(6) (fencing of motors, cogwheels, chain and friction gearing and live electric conductors); Article 9, paragraph 2(7) (means with which cranes and winches must be provided to reduce to a minimum the risk of the accidental descent of a load); Article 9, paragraph 2(8) (measures to prevent exhaust steam from obscuring any part of the working place); Article 9, paragraph 2(9) (measures to prevent the foot of a derrick being accidentally lifted out of its socket or support); Article 11, paragraph (4) (procedure for beginning work at a hatch); Article 11, paragraph (5) (precautions to facilitate the escape of the workers when dealing with bulk cargo); Article 11, paragraph (6) (use of stages in various processes); Article 11, paragraph (7) (use of gear in a hold when the working space is confined the the square of the hatch); Article 11, paragraph (9) (use of an automatic indicator or a table showing the safe working loads for shore cranes); Article 13, (first-aid facilities and equipment at docks, wharves, quays and similar places; provision for the rescue of immersed workers from drowning); Article 14 (prohibition of the removal of or interference with any means of access or life-saving means by unauthorised persons); Article 16 (obligation to apply the provisions of the Convention to ships the building of which is commenced after the date of ratification); and Article 18 (undertaking by the member State to enter into reciprocal arrangements with other Members which have ratified the Convention).

3. Article 9, paragraph 2(2) and (4). Since the expression "in accordance with the usual standards of maintenance" is fairly widespread in the regulations supplied by the Government - it is used in the provisions of Chapter II, paragraph 1, Chapter IX, paragraph 2, Chapter X, paragraph 2, and others, and in the safety rules for the use of mobile loading and unloading gear and appliances - the Committee asks the Government to explain what this expression implies and to state whether the keeping of a record is mandatory during the inspection prescribed by the provisions in question.

4. Article 17. In view of the importance of due enforcement of the Convention in practice, the Committee asks the Government to indicate what system of inspection is in existence in the country, what penalties are prescribed in accordance with paragraph (2) of this Article for breaches of the regulations, and what measures are taken to ensure that copies or summaries of the regulations are posted up in prominent positions at places which are in use for the processes, in accordance with paragraph (3) of this Article.

5. The Committee informs the Government with reference to the suggestion it makes in its report that the Occupational Safety and Health (Dock Work) Convention (No. 152) was adopted by the International Labour Conference at its 65th Session, in 1979, as an instrument revising this Convention. That gives the Government an opportunity to examine the question of preparing unified national standards on the subject.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes with interest the information supplied by the Government in its report and the detailed regulations annexed to the report. It notes that, essentially, these regulations are composed of texts adopted by the authorities of two ports and do not cover similar operations in other ports in the country. Since in its report the Government states that in place of unified rules and regulations for all the ports in the country, each port authority lays down regulations for its own use, the Committee requests the Government to supply with its next report the text of regulations that are in force in all the other ports so that it can assess the situation as regards the application of the Convention at the national level.

2. The Committee requests the Government to indicate how effect is given to the following provisions of the Convention: Article 2 (the state of regular approaches over a dock, wharf, quay or similar premises used by workers); Article 3 (means of access to ships: their dimensions, construction, condition and manner of securing); Article 5 (means of access to the holds of ships for carrying on processes therein); Article 6 (measures for the protection of hatchways and all other openings in a deck); Article 8 (safety measures for workers engaged in removing or replacing hatch coverings); Article 9, paragraph 2(3) (annealing of chains and similar gear whether carried on board ship or not); Article 9, paragraph 2(6) (guards on motors, cog-wheels, chain and friction gearing, live electric conductors); Article 9, paragraph 2(8) (measures to prevent exhaust steam from obscuring any part of the working place); Article 11, paragraph 4 (procedure for commencing work at a hatch); Article 11, paragraph 5 (precautions to facilitate the escape of workers employed in loading or unloading bulk cargoes); Article 11, paragraph 6 (use of stages for various operations); Article 11, paragraph 7 (use of hoisting gear when the working space in a hold is confined to the square of the hatch); Article 11, paragraph 9 (use of an automatic indicator or a table showing the safe working loads in the case of shore cranes); Article 14 (prohibition on removing or interfering with means of access or safety by any person except when duly authorised); Article 16 (obligation to apply the measures set out in the Convention to ships, the building of which is commenced after the date of ratification); Article 18 (undertaking by the member State to enter into reciprocal arrangements with the other Members who have ratified this Convention).

3. The Committee would be grateful if the Government would provide details on the following points:

Articles 4 and 11, paragraph 3, of the Convention. How are these Articles applied in ports other than Huangpu?

Article 9, paragraph 2(2) and (4). The Committee notes that in the provisions set out in paragraph 1, Chapter II; paragraph 2, Chapter IX; paragraph 2, Chapter X; et al. of the Safety Rules for the use of mobile loading and unloading machines and equipment, the wording "according to the normal maintenance rules" is used on several occasions. It requests the Government to specify what is meant by this formula and to indicate whether it is compulsory to keep records of the inspections envisaged under the above provisions.

Article 9, paragraph 2(6). Must all the parts of hoisting machines and gear on board ship that represent a danger for the worker (motors, cog-wheels, electric conductors, etc.) be provided with guards?

Article 9, paragraph 2(7) and (9). What means are used to reduce to a minimum the risk of the accidental descent of a load while in the process of being lifted or lowered and to prevent the foot of a derrick being accidentally lifted out of its socket or support?

Article 13. Does the national legislation lay down that supplies of first-aid equipment shall be available at docks, wharves, quays and similar places so that first-aid can be rapidly rendered?

Article 17, paragraphs 2 and 3. What inspection system exists in the country and what measures have been taken so that copies or summaries of the regulations are posted up in prominent positions in places which are used for the processes?