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

Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Russian Federation (Ratification: 2004)

Other comments on C152

Observation

2011

Direct Request

2013
2010
2008

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The Committee notes the detailed information provided in the Government’s report on the effect given to the Convention. It takes due note of the provisions of the Regulations on Labour Protection (POT) in Seaports (POT R 0-152-31.82.03-96) (hereinafter the Regulations) as well as the relevant provisions of the Labour Code.

Article 7(1) of the Convention. Adoption of measures with a view to giving effect to the Convention, in consultation with the organizations of employers and workers concerned. The Committee requests the Government to provide information on consultations held during the period covered by its next report with a view to giving effect to the provisions of this Convention by national laws or regulations or other appropriate methods, including the name of the organizations of employers and workers consulted, the manner in which they are consulted and the concerned issues.

Article 8. Cessation of work at unsafe workplaces. The Committee notes that the Government’s reference to section 212 of the Labour Code, but notes that this section does not provide for the cessation of work when the workplace has become unsafe. The Committee requests the Government to provide information on the national provisions which require the adoption of effective measures (fencing, flagging or other suitable means including, when necessary, cessation of work) to ensure that when a workplace has become unsafe, workers are protected until it has been made safe again.

Article 12. Means for fighting fire. The Committee notes the Government’s indication in its report that fire protection is ensured in accordance with the Fire Safety Regulation (PPB) 01-03. The Committee requests the Government to provide information on the application of the Fire Safety Regulation (PPB) 01-03 to all areas covered by the Convention. It also requests the Government to provide a copy of Fire Safety Regulation (PPB) 01-03 with its next report.

Article 13(4)(a) and (b). Removal of guards and safety devices. The Committee requests the Government to provide information on the measures taken to give effect to Article 13(4)(a) and (b), to ensure that only authorized persons shall be permitted to remove any guard where this is necessary for the purpose of the work being carried out and remove a safety device or make it inoperative for the purpose of cleaning, adjustment or repair.

Article 22. Testing of lifting appliances and items of loose gear by a competent person. The Committee notes that section 4.2.15 of the Regulations state that after its manufacture, repair or restoration, loose gear for cargo-handling equipment (slings, chains, lifting bars, balance beams, etc.) shall be inspected and tested with a load exceeding their nominal carrying capacity by 25 per cent. Part 4.2 of the Regulations on operating procedures for cargo-handling equipment in commercial seaports (RD 31.1.02-04) also contains provisions requiring periodic inspections at a maximum of three years. The Committee requests the Government to provide information on the measures taken to ensure that the testing of lifting appliances and items of loose gear is performed by a competent person, as required by Article 22 of the Convention.

Article 24(1). Slings. The Committee requests the Government indicate the measures taken to ensure that expendable or disposable slings shall not be reused. The Committee also requests the Government to indicate the measures taken to ensure that, in the case of pre-slung cargoes, the slings shall be inspected as frequently as is reasonably practicable.

Article 24(2). Inspection of loose gear. The Committee notes that section 4.11.1.6 of the Regulations states that items of loose gear shall be checked before issued for use. The Committee requests the Government to indicate if these inspections are carried out by a responsible person, in conformity with Article 24(2) of the Convention.

Article 25. Registers and certificates. The Committee notes the Government’s statement that, with reference to Article 25, it lacks models for such records, registers and certificates. In this regard, the Committee invites the Government to refer to the ILO website for a copy of the document entitled “Model Form and Certificates as required by Article 25(2) of Convention No. 152” available at http://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/dock-workers/WCMS_213929/lang--en/index.htm. The Committee requests the Government to provide information on the measures taken to ensure that duly authenticated records are kept, specifying the safe working load and the dates and results of the tests, thorough examinations and inspections referred to in Articles 22, 23 and 24 of this Convention. Moreover, noting that section 4.11.1.6 of the Regulations refers to the cargo-handling equipment register, the Committee requests the Government to provide information on the provisions giving effect to Article 25(2) and (3) of the Convention.

Article 26(1)(b). Members’ mutual recognition of arrangements for testing and examination. Noting an absence of information on this point in the Government’s report, the Committee requests the Government to indicate the effect given in law and in practice to this provision of the Convention, with reference to relevant legislation.

Article 26(2) and (3). Use of lifting appliances, loose gear or other cargo-handling appliances. The Committee requests the Government to indicate, with reference to relevant legislation, the effect given in law and in practice to these provisions of the Convention, indicating specifically the competent authority designated in this regard.

Article 27(2) and (3). Marking lifting appliances with safe working loads. The Committee requests the Government to provide information on the relevant provisions which ensure that lifting appliances with more than one safe working load shall be fitted with effective means of enabling the driver to determine the safe working load under each condition of use. Moreover, the Government is requested to provide information on the measures taken to ensure that every ship's derrick (other than a derrick crane) shall be clearly marked with the safe working loads applying when the derrick is used in: (a) in single purchase; (b) with a lower cargo block; and (c) in union purchase in all possible block positions, in conformity with Article 27(3) of the Convention.

Article 28. Rigging plans. The Committee notes the Government’s statement that in the particular case of a vessel, the ships’ owner keeps all design-related documentation and, depending on the policy followed, maintains on the vessel a part or a copy of the documentation necessary for operational purposes. The Committee requests the Government to indicate the specific legislative provisions which ensure that a ship shall carry rigging plans and any other relevant information necessary to permit the safe rigging of its derricks and accessory gear.

Article 31(1). Operation and layout of freight container terminals and organization of work in such terminals. The Committee requests the Government to provide information on the specific measures taken to ensure that freight container terminals are designed and operated to ensure the safety of workers, indicating the relevant legislative provisions in this regard.

Article 32. Dangerous cargoes. Noting the Government’s reference, in its report, to the Regulations on the maritime transport of hazardous cargo (MOPOG) and the Regulations on safety procedures and occupational health during maritime transport, handling and storage of hazardous cargo, the Committee requests the Government to provide a copy of these regulations with its next report.

Article 34(2) and (3). Protective equipment and protective clothing. The Committee requests the Government to provide a copy of Order No. 290n of 1 June 2009 of the Ministry of Health and Social Development of Russia, as well as any other regulations giving effect to Article 34(2) and (3) of the Convention.

Article 36. Medical examinations and occupational health services. The Committee notes the Government’s statement that, with regard to Article 36, it lacks information regarding any consultations with employers’ or workers’ organizations. It requests the Government to provide, in its next report, information on the consultations held with the organizations of employers and workers concerned regarding the issues addressed in Article 36. Moreover, it requests the Government to provide a copy of Order No. 302n of the Ministry of Health and Social Development of Russia of 12 April 2011 approving lists of harmful and/or hazardous production factors and types of work requiring prior and periodic medical examinations or check-ups as well as Order No. 511 of the Ministry of Health of Russia of 6 September 1989 on improving the organization of medical attention and health care for workers of seagoing or river vessels and fisheries, and to indicate the specific provisions of these orders which give effect to Article 36(1)(c) and (d), (2) and (3).

Article 37. Establishment, composition and functions of safety and health committees. The Committee notes that section 218 of the Labour Code provides that, at the initiative of the workers and/or at the initiative of the workers or their representative bodies, labour protection committees/commissions shall be set up in the organizations. These shall include the representatives of employees, trade unions or other representative bodies commissioned by workers. Section 218 further states that a standard statute of the labour protection committee/commission shall be approved by the federal executive power body for labour. In this regard, the Government refers in its report to Decision No. 413 of the Ministry of Health of Russia of 29 May 2006 adopting a standard statute for labour protection committees/commissions. The Committee requests the Government to provide a copy of Decision No. 413 of the Ministry of Health of Russia of 29 May 2006 adopting a standard statute for labour protection committees/commissions. It also requests the Government to provide information on the application in practice of section 218 of the Labour Code, as well as Decision No. 413, with regard to the establishment of such committees in ports with a significant number of workers.

Article 39. Reporting of occupational accidents and diseases. The Committee notes the Government’s reference, with regard to industrial accidents, to section 230.1 (introduced under Federal Act No. 90-FZ of 30 June 2006) of the Labour Code, which sets out the procedure for the registration and recording of industrial accidents. Regarding occupational diseases, the Committee notes that the Government refers to Decision No. 967 of the Government of the Russian Federation of 15 December 2000 establishing the regulation on investigating and reporting occupational diseases and the related implementing instrument, Order No. 176 of the Ministry of Health of the Russian Federation of 28 May 2001 on improving the system for investigating and reporting occupational diseases in the Russian Federation. The Committee requests the Government to provide copies of the abovementioned Decision No. 967 of 15 December 2000 and Order No. 176 of 28 May 2001.

Article 41(b) and (c). Penalties and inspections. The Committee notes the Government’s indication that, by virtue of section 356 of the Labour Code, every port shall undergo internal audits of working conditions by port personnel trained as prescribed, and monitoring by the state inspectorate of labour. Section 356 of the Labour Code details the responsibilities of the state labour inspectorate. The Committee requests the Government to provide information on inspections undertaken with regard to ports, including information on the application of section 356 with regard to dockworkers. Moreover, noting an absence of information in the Government’s report on this subject, the Committee requests the Government to provide information on the measures taken, including the provision of appropriate penalties, to enforce the provisions of the Convention, with reference to specific legislative provisions.

Article 42. Time limits for the application of the Convention to the construction or equipping of ships, lifting appliances or loose gear. Noting that the Convention has been ratified for nine years (and therefore longer than the period specified in Article 42(2)), the Committee requests the Government to provide information on the measures taken to ensure that the Convention applies in respect of the construction or equipping of a ship; the construction or equipping of any shore-based lifting appliance or other cargo-handling appliance; and the construction of any item of loose gear.

Part V of the report form. Application in practice. The Committee notes that the Government’s report does not contain any information regarding the application in practice of the provisions giving effect to the Convention. It accordingly requests the Government to give a general appreciation of the manner in which the Convention is applied in the Russian Federation and provide information on the number of workers covered by laws giving effect to the Convention, the number and nature of contraventions reported, the resulting action taken and the number of occupational accidents and diseases reported, and attach relevant extracts from the reports of the concerned inspection services.