Solicitud directa (CEACR) - Adopción: 1996, Publicación: 85ª reunión CIT (1997)

The Committee notes the Government's reports and the legislation appended to the first report.

1. The Committee notes that the Government refers to Order No. 98 of 1986 of the Ministry of Transport, to authorizing Egyptian companies in the private sector and Egyptian individuals to carry on maritime transport activities and Order No. 163 of 1988 of the Ministry of Transport regulating the conduct of maritime transport activities by Egyptian private sector companies and Egyptian individuals. It would be grateful if the Government would provide copies of the above Orders.

2. The Committee asks the Government to provide additional information on the following points:

Article 4, paragraph 1(b), (d), (e) and (f) of the Convention. The Committee asks the Government to indicate which provisions of the national legislation on dock work concern the provision and maintenance of safe means of access to any workplace, the provision to workers of any life-saving appliances reasonably required, the provision and maintenance of suitable and adequate first-aid and rescue facilities, the establishment of proper procedures to deal with any emergency situations which might arise.

Article 4, paragraph 2(f) (in conjunction with Article 21(a)). The Committee notes that, according to section 4(III)(g), first paragraph, of Order No. 55 of 1983 of the Ministry of Manpower and Training concerning the conditions and precautions necessary to provide for occupational safety and health in workplaces, all lifts and elevators must be of sound construction and adequate strength, and must be maintained in accordance with prescriptions. The Committee asks the Government to provide a copy of these prescriptions. It also asks the Government to indicate which provisions concern the construction, maintenance and use of other lifting and handling appliances.

Article 4, paragraph 2(n). The Committee notes that section 124 of the Labour Code and section 7(b) of Ministerial Order No. 55 of 1983 require employers to provide for their workers, social and cultural services, sanitary facilities and water, in accordance with prescriptions set out in orders of the Ministry of Manpower and Training and the Ministry of Housing. The Committee asks the Government to provide copies of these orders. It also asks the Government to indicate which provisions prescribe the same services and facilities in enterprises employing less than 50 workers, and in public enterprises which are excluded from the scope of these provisions.

Article 5, paragraph 1. The Committee notes that the Government refers in its report to sections 115 et seq. of the Labour Code and states that the employer is responsible for taking the necessary measures to ensure health and safety at the workplace. The Committee asks the Government to indicate if anyone else, and if so, who, is responsible for applying the measures set out in paragraph 1 of Article 4.

Article 16, paragraph 2. The Committee notes the provision of section 123 of the Labour Code which requires the employer to provide the necessary transport for workers employed in workplaces to which there is not a regular transport service. It asks the Government to indicate what safety standards apply to the means of transport provided by the employer.

Article 22. The Committee notes that, according to the Government's report, there is a daily check of the lifting appliances of every ship calling or anchoring in ports. It asks the Government to indicate which provisions of laws or regulations require lifting appliances and loose gear to be tested by competent persons before being put into use for the first time and how often lifting appliances forming part of a ship's equipment must be retested.

Article 25. The Committee notes that section 4(III)(g) of Ministerial Order No. 55 of 1983 requires a special register to be kept showing the results of the inspection and maintenance of all lifts and elevators. It asks the Government to indicate whether the models recommended by the International Labour Office are taken into account in establishing such registers.

Article 31. The Committee notes that the Government intends to incorporate provisions to give effect to this Article in Order No. 55 of 1983 when it is amended and that this matter is currently being discussed with the competent departments. It asks the Government to report in full on progress made in this respect.

Article 32. The Committee notes that the provisions referred to by the Government in its report (Title 4 of section 4(d) and (e) of Ministerial Order No. 55 of 1983) contain only general safety measures concerning the handling of raw materials and the storage of dangerous substances. It asks the Government to provide the list of international regulations, referred to in paragraphs 1 and 2 of this Article, which Egyptian ports comply with and to indicate the measures taken or envisaged for their enforcement. Please indicate which measures give effect to paragraphs 3, 4 and 5 of this Article.

Article 36, paragraph 2. The Committee notes that under section 116 of the Labour Code, workers must undergo a medical examination before recruitment, for which they pay in accordance with a rate fixed by ministerial order. The Committee observes that this provision of the Convention requires initial medical examinations to be free of cost to the worker. It asks the Government to indicate the measures taken or envisaged to bring the law into conformity with the Convention in this respect.

Article 37. The Committee notes that sections 2 to 5 and 6 to 12 of Ministerial Order No. 116 of 1991 and sections 128 and 132 of the Labour Code provide for the establishment of many bodies - committees and services - at various levels beginning with the enterprise. The Committee asks the Government to indicate whether health and safety committees including employers' and workers' representatives have been formed in all ports where there is a significant number of workers.

Article 40. The Committee notes that section 7(b) of Ministerial Order No. 55 of 1983 contains a reference to orders issued by the Ministry of Housing concerning sanitary installations and washrooms. It asks the Government to provide copies of these orders with its next report.

3. The Committee asks the Government to indicate the specific measures that have been taken to give effect to the following provisions of the Convention:

Article 4, paragraph 2(a), (c), (e), (g), (h), (i), (j) and (k). Measures concerning general requirements relating to the construction, equipping and maintenance of dock structures; safe means of access to ships, holds, staging, equipment and lifting appliances; protection of hatches and their handling; work in holds; the construction, maintenance and use of staging; rigging and use of ships' derricks; testing, examination, inspection and certification of lifting appliances and loose gear, including ropes and slings; handling of different types of cargo; stacking and storing of goods.

Article 4, paragraph 3. The adoption of technical standards or codes of practice or the use of other appropriate methods, in order to ensure the practical application of the prescriptions arising from paragraph 1 of this Article.

Article 5, paragraph 2. The collaboration of two or more employers who undertake activities simultaneously at one workplace, in order to apply the measures envisaged in paragraph 1 of Article 4 of the Convention.

Article 6, paragraph 1(c), and paragraph 2. The requirement that workers must immediately report to their first-level supervisors any situation which they have reason to believe could present a risk, so that corrective measures can be taken; the right of workers to participate at any workplace in ensuring safe working and to express their views on working procedures adopted.

Article 9, paragraph 2. The safety measures to be taken (lighting and marking) where there are dangerous obstacles.

Article 10. The proper maintenance of surfaces used for vehicle traffic or for the stacking of goods and the precautions to be taken in stacking.

Article 11, paragraph 2. Adequate width of passageways for pedestrians.

Article 13, paragraphs 2, 5 and 6. The measures to be taken to ensure that the power to any machinery can be cut off in an emergency; measures to be taken to ensure proper precautions when guards or safety devices are removed and their prompt replacement; measures to be taken to ensure that the relevant equipment cannot be started inadvertently.

Article 14. Standards for construction, installation, operation and maintenance of electrical equipment and installations.

Article 15. The provision of adequate means of access to ships during loading and unloading.

Article 16, paragraph 1. Measures to be taken to ensure safe transport by water to and from ships or other places, and safe embarking and disembarking.

Article 17. Specific measures to be taken to ensure access to a ship's hold or cargo deck.

Article 18. Regulations concerning hatch covers.

Article 19, paragraph 2. Measures to be taken to protect hatchways which are no longer in use.

Article 20, paragraphs 1, 2 and 4. Safety measures to be taken when power vehicles operate in the hold; securing of hatch covers; safe means of escape from bins or hoppers when dry bulk cargo is being loaded or unloaded.

Article 21(b). Measures to be taken to ensure safe and proper use of every lifting appliance, every item of loose gear and every sling or lifting device forming an integral part of a load.

Article 24. The provisions requiring regular inspection of every item of loose gear and defining the tasks of inspection.

Article 26. The measures to ensure the mutual recognition of arrangements made by Members with regard to testing and examination.

Article 27, paragraphs 2 and 3. The measures to ensure that all lifting appliances having more than one safe working load are fitted with effective means of enabling the driver to determine the safe working load under each condition of use; the clear marking of the safe working load on every ship's derrick.

Article 28. The measures to ensure that rigging plans are carried on every ship.

Article 29. The measures to ensure that pallets for containing or supporting loads are of sound construction and adequate strength.

Article 30. The safety measures to be taken in respect of the attaching of loads to lifting appliances.

Article 34, paragraph 3. The proper maintenance by the employer of personal protective equipment and protective clothing.

Article 36, paragraphs 1(b) and (c), and 3. The determination of the maximum intervals at which periodical medical examinations are to be carried out; the determination of the range of special investigations deemed necessary in the case of workers exposed to special occupational health hazards; the confidentiality of records of medical examinations.

Article 38, paragraph 2. The establishment of 18 years as the minimum age for operators of lifting appliances.

Article 41(a). The specification of duties in respect of occupational safety and health of persons and bodies concerned with dock work.