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

Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Ecuador (Ratification: 1988)

Other comments on C152

Observation

Direct Request

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The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Legislation. Technical assistance. The Committee notes the Government’s indication that developments have been made in the national regulations concerning safety and health in port work with the publication of three bodies of legislation: standards regulating port services in Ecuador (Resolution No. MTOP-SPTM-2016-0060R), standards and requirements for the certification, registration and renewal of documents for seafarers and fishers working on board vessels flying the Ecuadorian flag and maritime-port personnel working in port facilities (Resolution No. MTOP-SPTM-2016-0102-R), and requirements for the recognition of centres for training and specialization of maritime port personnel (Resolution No. MTOP-SPTM-2016-0112-R). The Committee notes the Government’s intention to hold working groups with the institutions involved in the maritime and port sector, and in the fishing and aquaculture sector, aimed at pursuing the development and preparation of the document on the occupational safety and health regulations for each sector. The Committee requests the Government to continue providing information on any legislative or regulatory development related to the Convention.

Article 4(1)(f) of the Convention. Establishing proper procedures to deal with any emergency situations. The Committee notes the Government’s indication that the operating permits or authorizations being granted to the various port facilities include the protection plan and the contingency plan, which contain the appropriate procedures for emergency situations. The Government also indicates that each port facility must have an industrial safety office, a medical unit with outpatient services and an on-call doctor to ensure quick action in case of emergencies. The Committee requests the Government to provide examples of safety and emergency plans, or sets of practical recommendations for the emergency services in the port facilities.

Article 25(1), (2) and (3). Lifting appliances registers; Article 26. Mutual recognition; Article 27(2) and (3)(b) and (c). Functions of the competent authority with respect to lifting appliances; Article 28. Rigging plans; Article 31. Containers. The Committee notes the Government’s indication that, with respect to Article 25(1), (2) and (3), the Standardization Institute of Ecuador issued a diplomatic note informing port facilities of the State’s metrology laboratories competent in technical calibration standards. It also indicates that when the port facilities are granted the operation permit, they are informed of the obligation to register the lifting appliances and loose gear. With regards to the certificates granted or recognized as valid, it indicates that it is working to enforce the requirement on their submission during the safety inspections prior to granting the operating permits, as well as in the audits. The Government also indicates that all machines and materials come with their own certificates; that visual checks are carried out on an ongoing basis to enable the removal and replacement of the machines and materials if damage is detected; and that the stevedore thoroughly inspects all material when starting work. With regard to cranes and rigging, it indicates that endurance tests and inspections of the machines are carried out randomly. Lastly, the Government states that on a vessel where not all cargo is bulk solid or liquid, the cargo units and transport units are loaded, stowed and secured in accordance with the Cargo Securing Manual. While noting the clarifications provided, the Committee requests the Government to indicate the applicable textual provisions regarding the certification and operation of the lifting appliances and loose gear. It also requests the Government to keep it informed of any progress relating to action taken to ensure that certification has been carried out during the safety inspections prior to granting the operating permit. The Committee requests the Government to send the format of registers and certificates for lifting appliances and loose gear, rigging plans and reports of inspections conducted by the competent authority.

Article 41(a), (b) and (c). Institutional restructuring. Bodies concerned with dock work. Inspection. Penalties. The Committee notes the Government’s indication that the three resolutions above (MTOP-SPTM-2016-0060R, MTOP-SPTM-2016-0102-R and MTOP-SPTM-2016-0112-R) set out the National Authority’s responsibility for ensuring that all port facilities have adequate protection for the physical safety and protection of port operators. It indicates that port management inspections and audits are conducted on a six-monthly and annual basis, in accordance with the International Ship and Port-facility Security Code (ISPS). The Government also indicates that, in accordance with the standards regulating the port services in Ecuador, penalties extend to the suspension of the operating permit in the event of non-compliance with the obligations. Lastly, according to the Government, with regard to accidents or events as a result of non-conformity with these standards, the Port Authority is responsible for identifying and resolving issues related to technical maritime safety and protection, by issuing safety recommendations to prevent the recurrence of the causes of such accidents. Noting the information provided on the discussions held with actors in the port sector regarding the regulations on occupational health and safety, the Committee requests the Government to keep it informed of any clarification that these regulations, once adopted, may offer in relation to the occupational health and safety obligations for persons and bodies concerned with dock work, and in relation to inspections and penalties. Further, the Committee requests the Government to specify the graduation of penalties applicable in the event of non-compliance with the occupational safety and health obligations, indicating the relevant legislative or regulatory provisions.

Part V of the report form. Application in practice. The Committee notes the Government’s indication that from 2015 to the first half of 2019, 4,118 specialized occupational safety and health inspections were conducted nationally and that in the maritime and port sector no fines or penalties were reported for non-compliance with obligations and violations. The Committee also notes the Government’s indication in its supplementary information that in 2019 two inspections were conducted in a public undertaking associates with maritime transport, cabotage and cargo activities, covering 509 workers, and that in April 2020 an inspection was conducted in a private undertaking dedicated to activities related to water passenger transport, covering 151 workers. In addition, the Government indicates in its 2019 report that, through Ministerial Agreement No. SETED-MDT-2016-001-A of 2017, the Ministry of Labour issued the directive for compliance with the obligations of public and private employers, which sets out that the employer must complete, on an annual basis, the registration, approval, notification and/or reporting of labour obligations related to occupational safety and health on the online platform on the Ministry of Labour’s webpage (single labour system). It also indicates that since March 2018, the Risk Declaration application has been activated for the registration of activities pertaining to the identification of hazards, and evaluation and monitoring of occupational risks for each job. Between 2018 and June 2019, 15,171 public and private undertakings and public institutions completed this registration. Since 2019 the Occupational Health application has been activated for the registration of compliance indicators and activities concerning health surveillance, and prevention and promotion of occupational health. The Committee notes that, according to the supplementary information provided by the Government, up to October 2020, 72 port sector enterprises with 1,134 workers registered on the Ministry of Labour’s online platform. The Government also indicates that the General Directorate of Occupational Risks under the Ecuadorian Social Security Institute assesses, investigates and determines benefits concerning occupational accidents disease in the sector. It indicates in its 2019 report that it plans to hold working groups with the institutions involved in the maritime and port sector, and in the fishing and aquaculture sector, aimed at pursuing the development and preparation of the document on the occupational safety and health regulations for each sector. The Committee requests the Government to keep it informed of any development relating to the outcome of the discussions with actors in the port sector aimed at finalizing the occupational safety and health regulations of the sector. The Committee also requests the Government to continue providing detailed information on the application of the Convention, particularly a report on the use of the online platform to ensure the application of the provisions of the Convention regarding safety and health in ports. It requests the Government to provide information on the number of workers covered by the Convention, the number and nature of violations reported and the measures taken as a result, and the number and nature of occupational accidents and cases of occupational disease reported.