Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Jamaica (Ratification: 2005)

Other comments on C152

Direct Request

2013
2009

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The Committee notes the Government’s indications that the Factories Act and the Factories Regulations were amended in 2009 and 2007 respectively. The Committee also notes that, according to the Government, the draft Occupational Safety and Health (OSH) Act has not yet been adopted. The Government also indicates that, in the context of the amendments to the Docks (Safety, Health and Welfare) Regulations 1968 (Docks Regulations) (hereinafter DR), it will take into account the relevant provisions of this Convention with regard, in particular, to the application of Article 3(a), (c) and (d) (definitions), Article 5(2) (collaboration between two or more employers), Article 13(2), (3), (5) and (7) (safety in the use of dangerous machinery) and Article 38(1) (provision of adequate instructions and training). The Committee further notes the Government’s indication that there is no requirement in the current DRs for the implementation of Article 33 of the Convention, but it is the policy of most dock operators to require their workers to wear ear protection devices. The Committee requests the Government to give full effect to Article 33 in the context of the amendments to the DR. It also asks the Government to continue to provide further information on the legislative developments and to submit copies of the relevant legislation once adopted. In the meantime, the Committee requests the Government to take all the necessary measures to ensure the application in practice of the abovementioned Articles of the Convention and to provide information in this respect.

Article 2(1) and (2) of the Convention. Exemptions. The Committee notes that, according to the Government, the Chief Factory Inspector has not granted exemptions to any operators of any harbour dock or wharf. However, the Committee notes that the Government does not specifically refer to exemptions granted to fishing vessels. The Committee therefore once again asks the Government to indicate whether consultations have been held with the organizations of employers and workers regarding the reasonableness of the exemptions provided for. It also requests the Government to indicate how the competent authority, in all cases, ensures that the overall protection afforded is not inferior to that which would result from a full application of the provisions of the Convention.

Article 4(3). Use of codes of practice. The Committee notes that, according to the Government, the Shipping Association of Jamaica (SAJ), a registered employers’ trade union, developed a Safety and Health Handbook, which is used as a code of practice by the major docks operators in Jamaica. It also notes that, according to the Government, there is a safety committee monitoring the implementation of the occupational safety and health programme outlined in the Handbook. The Committee asks the Government to communicate a copy of the Handbook.

Article 7. Collaboration between employers and workers. The Committee notes with interest that, according to the Government, the main consultation that took place between employers and workers involved the SAJ, a registered employer’s trade union, and the dockworkers at Port Bustamate in metropolitan Kingston. In 2009, the SAJ partnered with the OSH Department of the Ministry of Labour and Social Security and the Public Health Department of the Ministry of Health, and updated its Safety and Health Handbook to deal with current occupational safety and environmental issues. The Committee notes that no information has been provided on the workers’ organizations and the previous mentioned consultative mechanism of the Labour Advisory Council (LAC). The Committee requests the Government to provide further information on the work of the SAJ on matters related to dock work and on any other measures taken to ensure the collaboration between employers and workers in practice.

Article 11(1). Adequate width of passageways. Referring to its previous comment, the Committee requests the Government to provide information on how it ensures that passageways of adequate width shall be left to permit the safe use of vehicles and cargo-handling appliances.

Article 18(4) and (5). Use of power-operated equipment on board ships. Referring to its previous comment, the Committee notes that the Government indicates that the onus is on the owner, master or officer in charge of the ship to ensure that persons carrying out this function have the requisite experience and training. The Committee requests the Government to provide further information on the measures taken to ensure that only persons having sufficient knowledge and experience shall be authorized to undertake the tasks referred to in paragraphs 4 and 5 of this Article of the Convention.

Article 20(1). Safety in the context of unloading and loading operations. The Committee notes that, according to the Government, the DR does not cover all the necessary safety measures except as stipulated by DR 59. The Committee therefore once again requests the Government to provide relevant information on measures taken to give full effect, in law and in practice, to Article 20(1) of the Convention.

Article 32(1) to (4). Dangerous substances. The Committee notes that, according to the Government, Jamaica is a party to several conventions and codes of the International Maritime Organization (IMO). It also notes that, according to the Government, legislation has been drafted to incorporate the relevant standards. The Committee further notes the Government’s indication that the Port Authority has issued guidelines to address the handling of dangerous goods and provisions for the application of the relevant IMO conventions. The Committee requests the Government to provide detailed information on the provisions of the relevant legislation giving effect to each of the paragraphs of this Article of the Convention. It also asks the Government to submit copies of the relevant legislation once it has been adopted, and to continue to provide pertinent information on legislative developments in this respect.

Article 39. Reporting of occupational accidents and diseases. Noting that the Government’s report does not contain any information in this respect, the Committee once again requests the Government to provide relevant information on the legislative developments, and to indicate measures taken to give full effect, in law and in practice, to this Article of the Convention.

Part V of the report form. Application in practice. The Committee notes that, according to the Government, the main organizations with responsibility for OSH in dock work are the OSH Department of the Ministry of Labour and Social Security, the Port Authority of Jamaica, the Maritime Authority of Jamaica and the Shipping Association of Jamaica. It also notes the Government’s indication that the Chief Factory Inspector and the OSH Department are empowered to ensure owners, managers and operators of docks comply with the relevant national legislation. The Committee once again requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, on the number of workers covered by the legislation and to provide information on the inspections undertaken by the labour inspectorate, the most frequent problems found as well as on the number and nature of the occupational accidents and diseases reported.