Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

With regard to its previous comments, the Committee notes the information provided in the Government’s report. The Committee recalls that in its previous comment, in relation to Article 2, paragraph 3, of the Convention, the Government was asked to indicate clearly the department on board ship (for example, deck, engine or catering) and the area (for example, at sea or in port) where the accident occurred. The Committee then emphasized that such indications are particularly important in the event of an investigation, which must be conducted in accordance with paragraph 4 of this Article by the competent authority, into the causes and circumstances of occupational accidents resulting in loss of life or serious personal injury. In its previous comment, the Committee noted that there was an increase in the number of both these types of accidents, according to the statistics supplied with the report. The Committee notes that the Government indicates in its report that Mexican Official Standard NOM 021 STP 1993 is binding generally for all officials in charge of work centres, is not exclusive for work on ships, and hence there is no need to indicate clearly in which part of the ship the accident occurred. Nevertheless, the Government points out, by taking point 3.3.1, subsection XVI of Mexican Official Standard NOM 021 STP 1993 in conjunction with points 20 and 27 of the form CM 2A occupational accident report, it can be established in which part of the ship the accident occurred. While noting this information, the Committee asks that the Government might consider the possibility of adopting a provision which requires that statistics concerning accidents on board ship should enable the part of the ship where the accident occurred to be clearly identified. In this regard, the Committee notes that the Confederation of Mexican Workers (CTM) points out, in the comment concerning implementation of the Convention, attached to the Government’s report, that Mexico currently does not have a national fleet engaged in distant trade.

Article 4, paragraphs 2 and 3(d). The Committee recalls that in its previous direct request it had insisted on the need to adopt provisions concerning the prevention of occupational accidents which prescribe special safety measures on and below deck. The Committee noted that the safety manual for personnel on board had not been amended. The Committee then asked the Government to indicate the measures taken to give effect to this provision of the Convention. The Committee recalls its request and asks the Government to take the necessary measures to this end. The Committee considers that this is all the more urgent due to the fact that the CTM indicates in the abovementioned comments that occupational safety and health regulations are inadequate with regard to the regulation and prevention of accidents on board ships. The CTM emphasizes that a legal framework should be established to regulate occupational safety and health conditions. Finally, the Committee reiterates its request and hopes that the Government will take the necessary measures to give effect to this provision of the Convention.

The Committee had noted with interest the statistical information attached to the report that the Government sent in 1996. The Committee asks the Government to continue to provide, in conformity with Part V of the report form, general information on the way in which the Convention is implemented, data on the number of workers covered by the legislation, the number and type of accidents, etc.