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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. In response to the Committee’s previous comments, the Government’s report refers to the provisions of Act No. 19857 respecting health and safety at work and Regulation No. 351/79, as well as Act No. 24557 respecting danger in the workplace. The Government states that whilst the legislation in force includes general points which refer to access, fencing, gangways, chains, motors and cranes, there are no specific standards concerning activities in ports. Under these circumstances, the Committee would be grateful if the Government would provide a detailed report to enable it to examine, for each of the Articles of the Convention, the information required by the report form, in particular the information concerning the following Articles of the Convention: Article 8 (the measures of security for hatch coverings and beams used for hatch coverings), Article 14 (prohibiting the removal of or interference with any fencing, gangway, gear, ladders, etc.), Article 13, paragraph 2 (the rescue of immersed workers from drowning), and Article 18 (agreements of reciprocity).

2. The Committee had noted that the Union of Maritime Workers of Argentina had submitted two denunciations (Cases Nos. 1005531 and 1005537, 1995) to the National Department of Health and Safety at Work in respect of accidents which had occurred in the ports of Argentina. The Committee would be grateful if the Government would inform it of the results of the procedures adopted for the organization of the above workers as well as the measures taken to resolve the issues raised. Please also provide general information in respect of the application of the Convention as required under Part V of the report form.

3. Finally, the Committee wishes to recall to the Government the request formulated by the Governing Body of the member States of the Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32), to examine the proposal to ratify the Occupational Safety and Health (Dock Work) Convention, 1979, (No. 152), whose ratification implies, ipso jure, the immediate denunciation of Convention No. 32 (see document GB.268/8/2, paragraphs 99-101). Please provide information in the next report in respect of the procedures which have been envisaged for the eventual ratification of Convention No. 152.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.