National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Legislation. The Committee notes with interest the adoption of Act No. 27866 (Dock Work Act) of 16 November 2002 issuing employment regulations applicable to the handling of loads, unloading of goods and related tasks in dock work; Supreme Decree No. 013-2004-TR, approving the single unified text of the implementing regulations for the Dock Work Act; Directorial Decision No. 011-2006-APN/DIR, as amended on 9 September 2008, approving the general considerations for the use of personal protective equipment in docks and dock installations and the national standard providing for the use of personal protective equipment in docks and dock installations, the preamble of which refers to the present Convention; Directorial Decision No. 010-2007-APN/DIR establishing the national standard for occupational safety and health in dock work and directives for obtaining a safety certificate for dock installations, which refers to the Occupational Safety and Health Convention, 1981 (No. 155); and Supreme Decree No. 009-2005-TR (Occupational Safety and Health Regulations), and Supreme Decree No. 007-2007-TR, which amends it. The Committee notes that this new legislative framework substantially modifies the application of the Convention. The Committee therefore requests the Government to supply a detailed report indicating the legislative, regulatory and other provisions and their relevant sections which give legislative expression to each Article of the Convention. The Committee also requests the Government to supply the practical information requested in the report form.
[The Government is asked to report in detail in 2010.]
The Committee notes the Government’s reply to its previous comments. It would be grateful if the Government would provide further information on the following points.
1. Articles 1, 7, paragraph 1, 36, paragraph 1, and 37, paragraph 2, of the Convention. Further to its previous comments, the Committee notes the information that according to section 6 of Decree Law No. 25927 on the Organic Law of the Ministry of Labour and Social Affairs, the Ministry is to carry out its functions in coordination with the sector and the institutions coming under its scope. Section 14 of the Law provides for the establishment of the National Committee on Labour and Social Affairs, presided by the Minister where the representatives of employers and workers and social representative organizations linked to the sector of the Ministry are present. The Government acknowledges that due to the inactivity of this Committee in carrying out its role in social dialogue for over a decade, it will need a period of time to mature when the participation of the social actors will be fundamental. The Committee would be grateful if the Government would indicate if questions covered by provisions of the Convention such as Articles 1, 7, paragraph 1, 36, paragraph 1, and 37, paragraph 2, have been or are envisaged to be addressed in this context.
2. Articles 4, paragraphs 1(e) and 2(p), and 35. Further to its previous comments, the Committee notes the information that Law No. 27396, published on 12 January 2001, provides for the establishment of a special committee, including the representatives of the associations of users, enterprises and workers, to draft a national law on ports. This Committee has been established by Ministerial Resolution No. 083-2001-MTC/15.01 and has started its work of drafting the law which will be used to provide for the various requirements of the Convention, including in respect of appropriate and adequate rescue facilities. The Committee hopes this will also provide for the establishment of first-aid facilities in ports as required by these provisions of the Convention. Please keep the Office informed of developments and please provide a copy of the adopted text.
3. Article 4, paragraph 1(f). Further to its previous comments, the Committee notes the information that according to Directorial Resolution No. 632-2000/DCG, the General Directorate of Masters and Coast Guards establishes the guidelines for the elaboration of emergency plans for special ports. These guidelines are issued to address emergencies such as fires, explosion, earthquakes, sabotage and other similar events and occurrences in ports, terminals, and storage areas on the ground considered as special ports. These emergency plans are required to be presented for approval to the port authority that has jurisdiction. Moreover, according to Directorial Resolution No. 0633 2000/DCG, the Directorate General of Masters and Coast Guards, having approved the requirements then certifies those that are considered as special ports, as well as the standards the owners, operators and administrators of the special ports will have to observe to maintain or improve their operations and safety levels. The Committee would be grateful if the Government would indicate the results of the practical application of these resolutions.
4. Article 4, paragraph 2(a). Further to its previous comments, the Committee notes the information that the Government hopes the adoption of the law on ports that is being drafted will cover general requirements relating to the construction, equipping and maintenance of dock structures and other places at which dock work is carried out. Please keep the Office informed of all developments in this regard and please provide a copy of the text of the law when it is adopted.
5. Articles 4, paragraph 2(d), and 16. Further to its previous comments relating to measures to ensure the safety of workers during land or water transport, the Committee notes that there are no special measures taken in this regard, other than the rules ensuring safety of life at sea. The Committee would be grateful if the Government would indicate the measures envisaged to give effect to this provision of the Convention. The Committee draws the Government’s attention to section 3.8 of the ILO’s code of practice on safety and health in dock work covering transport of persons by water.
6. The Committee notes from the Government’s reply to its previous comments that other than the provisions of Directorial Resolution No. 427 80/DP/CC and the inspection visits conducted there are no measures taken by the Government to apply the requirements of the following provisions of the Convention. Please indicate the measures envisaged to give effect to the following provisions of the Convention.
Article 4, paragraphs 2(f) and 21(a). (Safety measures concerning the construction and maintenance of lifting and other cargo-handling appliances.)
Article 4, paragraph 2(g) and (h). (Safety measures concerning the construction, maintenance and use of staging; rigging and use of ships’ derricks.)
Article 4, paragraph 2(i), and Articles 22 to 27. (Measures to be taken concerning the testing, examination, inspection and certification of lifting appliances, loose gear, slings and other lifting devices which form an integral part of the load.)
Article 11. (Provision of sufficiently wide passageways to permit the safe use of vehicles and cargo-handling appliances; provision of passageways for pedestrian use.)
Article 13, paragraph 2. (Measures to be taken so that the power to any machinery may be cut off promptly if necessary.)
Article 13, paragraph 4. (Measures providing that only an authorized person shall be permitted to remove any guard or safety device for the purpose of cleaning, adjustment or repair or where the work to be done so requires.)
Article 13, paragraphs 5 and 6. (Rules to be followed when the guard or safety device has been removed.)
Article 20, paragraphs 1 and 2. (Measures to ensure the safety of workers in the hold or on a cargo deck of a ship when power vehicles or power-operated appliances are in use; prohibition from removing or replacing hatch covers and beams while work is in progress in the hold under the hatchway.)
Article 29. (Measures to ensure that pallets and similar devices are of sound construction and adequate strength.)
Article 31. (Measures to ensure that the safety of the workers is ensured by the layout and operation of freight container terminals and, in case of ships carrying containers, by the manner in which the work is organized.)
Article 34, paragraph 3. (Specific requirement that personal protective equipment and protective clothing be properly maintained by the employer.)
Article 36, paragraphs 2 and 3. (Measures to ensure that medical examinations and investigations are free of cost to the worker and that the records of such examinations and investigations are confidential.)
Article 38, paragraph 2. (Requirement that operators of lifting appliances and other cargo-handling appliances be persons at least 18 years of age and who possess the necessary aptitude and experience or persons under training who are properly supervised.)
The Committee notes with interest the information provided by the Government in reply to its previous comments, which give effect to Articles 4, paragraph 2(l) and (o), and 32 of the Convention. The Committee would be grateful if the Government would provide a copy of Directorial Resolution No. 029-2002-DCG.
The Committee notes the information provided by the Government in reply to its previous comments based on the observations made by the Dockers’ Union of the port of Mayor de Callao concerning the alleged increase, at an alarming rate, of occupational accidents including deaths due to the non-observance of labour standards not only regarding holidays and rest periods but also due to the extra work done by dockworkers to make up for the inexperience of new dockworkers. In particular it notes the information that in the case of non-observance of the rights of the dockworkers, the workers have the possibility of reporting these violations of the legal and conventional standards to the labour administration authorities for them to make inspection visits with a view to verifying their veracity. If these authorities find irregularities they will impose adequate fines on the employers violating the said standards. Moreover, the workers have the right to initiate legal action before the tribunals. While noting the comments made by the Government, the Committee recalls its pervious comments that the problems complained about by the Dockers’ Union did not refer to the inexistence of laws or regulations as much as they refer to their application. The Committee therefore wishes to point out that, pursuant to Article 41 of the Convention, ratifying Members are required to (a) specify the duties in respect of occupational safety and health of persons and bodies concerned with dock work; (b) take the necessary measures, including the provision of appropriate penalties, to enforce the provisions of the Convention; (c) provide appropriate inspection services to supervise the application of the measures to be taken in pursuance of the Convention, or satisfy themselves that appropriate inspection is carried out. The Committee hopes the Government will take all the necessary implementation measures to ensure the enforcement of the provisions of the Convention. The Committee would be grateful if the Government provide extracts from the reports of the inspection services, the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported, as required by Part V of the report form.
The Committee notes the information provided by the Government in reply to its previous comments based on the observations made by the Dockers’ Union of the port of Mayor de Callao on the question of the inexperience of new dockers. According to the Government’s report, section 9 of the Law on the hours and days of work and overtime, Legislative Decree No. 854, provides that overtime work is to be voluntary both for the employer as well as the worker and only in justified cases of work resulting from fortuitous events or force majeure posing imminent danger to persons and things at work or endangering the continuity of productive work. The Committee recalls its previous request for the Government to provide information on the question of the inexperience of new dockers raised by the Dockers’ Union, bearing in mind the training requirements provided for in Articles 4, paragraphs 1(c), 2(r), and 7, paragraph 2, of the Convention. The Committee would be grateful if the Government would provide indications in this regard.
The Committee is also addressing a request directly to the Government on a number of other questions relating to the application of the Convention.
I. The Committee notes the Government's reply to its previous comments relating to Article 18, paragraphs 4 and 5, Article 19, Article 4, paragraph 2(k), and Article 10, paragraph 1, Article 4, paragraph 3, Article 9, paragraph 2, Article 10, paragraph 2, and Article 18, paragraph 1, of the Convention.
II. The Committee would be grateful if the Government would provide further information on the following points.
1. Articles 1, 7, paragraph 1, 36, paragraph 1, and 37, paragraph 2, of the Convention. Further to its previous comments, the Committee notes the Government's reply that there is no need for the Government to draw up specific legal provisions to conduct consultations with employers' and workers' organizations concerned because section 55 of the Constitution of the country renders ratified ILO Conventions the law in the country. The Committee also notes the information concerning Article 7 of the Convention that, by virtue of section 3 of the safety and health regulations of 1980 applicable to the maritime and river transport workers in all the ports of the country, all interested parties in port work must collaborate in the application of all measures aimed at the prevention of accidents and the promotion of the health of maritime workers (which meets the requirements of Article 7, paragraph 2, of the Convention). The Committee would like to point out that the provisions of Convention No. 152, even if they become part of national legislation by virtue of the Peruvian Constitution, are nonetheless not self-executing. As such they require the adoption of laws and regulations or other appropriate means as required by Articles 4, 5, 6 and 7 of the Convention. Please indicate the measures taken or envisaged, including laws or regulations, to ensure that the competent authority must consult the employers' and workers' organizations concerned to give effect to Articles 1, 7, paragraph 1, 36, paragraph 1, and 37, paragraph 2, of the Convention.
2. Articles 4, paragraphs 1(e) and 2(p), and 35. Further to its previous comments, the Committee notes the Government's reply that the regulations previously cited on industrial health and safety committees were not communicated as they were on general character and not applicable to this Convention. Please indicate the provisions of laws or regulations that prescribe the establishment of first-aid facilities in ports, and which laws or regulations cover the provision and maintenance in ports of appropriate and adequate rescue facilities.
3. Article 4, paragraph 1(f). The Committee notes the Government's reply to its previous comments that sections B-030830 and B-030832 of Supreme Decree No. 002-87-MA provide for the responsibilities of the master in emergency situations. Please indicate what are the other measures prescribed by national laws and regulations with a view to developing and establishing proper procedures to deal with any emergency situations which may arise.
4. Article 4, paragraph 2(a). The Committee notes that the Government's reply does not address its previous comments. Please indicate what measures have been taken or are envisaged covering general requirements relating to the construction, equipping and maintenance of dock structures and other places at which dock work is carried out.
5. Articles 4, paragraph 2(l), and 32. The Committee notes the Government's reply to its previous comments indicating sections 128, 125, 111 (c), and 98 of the safety and health regulations of 1980 for workers in all maritime and river ports, give effect to this provision of the Convention. Please list the international regulations complied with in your country as required by the report form.
6. Article 4, paragraph 2(o). The Committee notes the Government's reply to its previous comments indicating that section 3 of the safety and health regulations of 1980 and section D-010202 of Supreme Decree No. 002-87-MA of 9 April 1987, give effect to this provision of the Convention. Please provide further particulars of the medical supervisory aspects of these activities.
7. The Committee requests the Government to indicate the measures taken or envisaged to give effect to the following provisions of the Convention.
Articles 4, paragraph 2(d), and 16. (Measures taken to ensure the safety of workers during land or water transport.)
Articles 4, paragraph 2(f), and 21(a). (Safety measures concerning the construction and maintenance of lifting and other cargo-handling appliances.)
Article 4, paragraph 2(g) and (h). (Safety measures concerning the construction, maintenance and use of staging; rigging and use of ships' derricks.)
Article 20, paragraphs 1 and 2. (Measures to ensure the safety of workers in the hold or in a cargo deck of a ship when power vehicles or power-operated appliances are in use; prohibition from removing or replacing hatch covers and beams while work is in progress in the hold under the hatchway.)
Article 38, paragraph 2. (Requirement that operators of lifting appliances and other cargo-handling appliances be persons at least 18 years of age and who possess the necessary aptitudes and experience or persons under training who are properly supervised.)
The Committee notes the comments made by the Dockers Union of the port of Mayor de Callao in which the Union indicates that occupational accidents including many deaths have increased at an alarming rate, due to the non-observance of labour standards not only with regard to holidays and rest periods but also due to the extra work done by dockers compensating for the inexperience of new dockers. The Committee notes from the Government's reply that by virtue of section 25 of the Constitution of Peru, Legislative Decree No. 713 and its implementing regulations in Supreme Decree No. 012-92-TR, and sections 1 and 7 of Legislative Decree No. 854 (the eight-hour day and 48-hour week allowing for weekly rest and paid annual holidays, and midday breaks for meals are provided for) unless a shorter working day is provided for by law, agreement or unilateral decision of the employer. The Committee notes that, in any case, the problems complained about by the Dockers Union of the port of Mayor Del Callao do not refer to the inexistence of laws or regulations as much as they refer to their application, and as a result the application of the relevant provisions of the Convention. The Committee would be grateful if the Government would provide indications on the measures taken or envisaged to ensure compliance with national legislation as well as the relevant provisions of the Convention.
The Committee would be grateful if the Government would provide information on the question of the inexperience of new dockers raised by the Dockers Union which it considers to have resulted in longer working time for the more experienced dockers, bearing in mind Articles 4, paragraphs 1(c), 2(r), and 7, paragraph 2, of the Convention.
The Committee notes the first and second reports of the Government on the application of the Convention. It notes the national regulations supplied with the Government's first report.
I. The Committee asks the Government to give in its next report detailed information for each Article of the Convention on the provisions of laws and regulations or on any other measures adopted to ensure the application of each of the provisions of the Convention (Point II of the report form).
II. The Committee asks the Government to provide in its next report more particularly information on the following points.
1. Articles 1, 7, paragraph 1, 36, paragraph 1, and 37, paragraph 2, of the Convention. The Committee asks the Government to indicate the provisions under which the competent authority must consult the employers' and workers' organizations concerned to give effect to these provisions. It asks the Government to describe the manner in which the above organizations are consulted.
2. Article 4, paragraphs 1(e) and 2(p), and Article 35. The Committee notes that under section 33(j) of the regulations on industrial health and safety committees, one of the obligations of such committees is to cooperate with first-aid services. The Committee asks the Government to indicate which provision of the law or regulations prescribes the establishment of first-aid facilities in ports, and which provision covers the provision and maintenance in ports of appropriate and adequate rescue facilities.
3. Article 18, paragraphs 3 to 5. The Committee notes that, according to section 75 of the regulations on health and safety for workers in all sea and river ports, hatch covers and beams must be marked to indicate the hatch to which they belong (paragraph 3 of Article 18). The Committee asks the Government to indicate the provisions establishing that hatch covers and other power-operated ships' equipment shall be opened or closed only by authorized persons (paragraphs 4 and 5).
4. Article 19. The Committee notes that several provisions of national regulations (e.g. those of sections 15, 16, 41 and 64 of the health and safety regulations for workers in all maritime and river ports) prescribe measures to protect openings and to prevent workers from falling. It asks the Government to indicate the measures that must be taken in order to prevent the fall of vehicles. Please indicate also the measures governing the designation of a responsible person to ensure that the measures referred to in paragraph 2 of this Article are carried out.
5. The Committee asks the Government to indicate the measures taken or envisaged to give effect to the following provisions of the Convention.
Article 4, paragraph 1(f). (Procedures to deal with any emergency situations.)
Article 4, paragraph 2(a). (General requirements concerning dock structures and other places at which dock work is carried out.)
Articles 4, paragraph 2(d), and 16. (Measures to be taken to ensure the safety of workers during land or water transport.)
Articles 4, paragraph 2(f), and 21, paragraph 1. (Safety measures concerning the construction and maintenance of lifting and other cargo-handling appliances.)
Articles 4, paragraph 2(k), and 10, paragraph 1. (Safety measures used in the stacking and storage of goods; preparation and maintenance of surfaces used for this purpose.)
Articles 4, paragraph 2(l), and 32. (Measures, including those required by international regulations, to be taken in order to ensure workers' safety in handling dangerous substances and cargo.)
Article 4, paragraph 2(o). (Measures to be taken to ensure medical supervision.)
Article 4, paragraph 3. (Adoption of technical standards or codes of practice or the use of other appropriate methods to ensure the practical application of prescriptions laid down in the national legislation, in accordance with paragraph 1 of Article 4 of the Convention.)
Article 9, paragraph 2. (Marking and lighting of any obstacle liable to be dangerous to the movement of a lifting appliance, vehicle or person.)
Article 10, paragraph 2. (Precautions to be taken where goods or materials are stacked, stowed, unstacked or unstowed, having regard to their nature and their packing.)
Article 13, paragraph 2. (Measures to be taken so that the power to machinery may be cut off promptly if necessary.)
Article 18, paragraph 1. (Prohibition from using a hatch cover or beam unless it is of sound construction, of adequate strength for the use to which it is to be put and properly maintained.)
Article 31. (Measures to ensure that the safety of the workers is ensured by the layout and operation of freight container terminals and, in the case of ships carrying containers, by the manner in which the work is organized.)
Article 34, paragraph 3. (Proper maintenance of personal protective equipment and protective clothing.)
Article 38, paragraph 2. (Prohibition from employing as operators of lifting appliances and other cargo-handling appliances persons under the age of 18 years who do not possess the necessary aptitudes and experience and who are not under training.)
III. The Committee notes the information supplied by the Government in its report, concerning the handbook setting out prescriptions for the prevention of occupational accidents in dock work. The Committee also notes that certain provisions of regulations such as the regulations on safety in industry, approved by Presidential Decree No. 42-F of 22 May 1964, and the regulations on the opening and sanitary control of industrial enterprises, approved by Presidential Decree No. 29/65 DGS of 8 February 1965, give effect to several provisions of the Convention. The Committee would be grateful if the Government would provide a full copy of these texts with its next report.