Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. Further to its previous comments, the Committee notes from the Government’s most recent report that, due to the reform of the functioning undertaken by the Government since 1997, the dock management authority has been completely decentralized to local governments and that, contrary to previous indications, the Government is not, at present, considering developing unified national rules on safe dock operations. The Committee takes this opportunity to recall that the Governing Body of the ILO has invited parties to Convention No. 32 to consider ratification of the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which revised Convention No. 32 which would automatically entail an immediate denunciation of Convention No. 32 (GB.268/LILS/5(Rev.1), paragraphs 99 to 101). The Committee also wishes to bring to the Government’s attention the ILO’s newly adopted Code of Practice in this area, Safety and Health in Ports, Geneva, 2005 (on line at http://www.ilo.org/public/English/protection/safework/cops/english/). The Committee would be grateful if the Government would take these elements into consideration in developing its future national strategy related to safety and health in ports and to keep the Committee informed of any developments in this respect.

2. In the meantime, the Committee repeats its previous request to the Government to indicate how the application of the following provisions of the Convention is ensured:

2. Article 2 (condition of regular approaches over a dock, wharf, quay or similar premises used by workers); Article 3 (means of access to ships: their dimensions, construction and condition and the method of securing them); Article 5 (means of access to the holds of ships when processes are being carried on in them); Article 6 (measures for the protection of hatchways and all other openings on board a ship); Article 8 (safety measures for workers when engaged in removing or replacing hatch coverings); Article 9, paragraph 2(3) (annealing of chains and similar gear carried on board ship or not carried on board ship); Article 9, paragraph 2(6) (fencing of motors, cogwheels, chain and friction gearing and live electric conductors); Article 9, paragraph 2(7) (means with which cranes and winches must be provided to reduce to a minimum the risk of the accidental descent of a load); Article 9, paragraph 2(8) (measures to prevent exhaust steam from obscuring any part of the workplace); Article 9, paragraph 2(9) (measures to prevent the foot of a derrick being accidentally lifted out of its socket or support); Article 11, paragraph (4) (procedure for beginning work at a hatch); Article 11, paragraph (5) (precautions to facilitate the escape of the workers when dealing with bulk cargo); Article 11, paragraph (6) (use of stages in various processes); Article 11, paragraph (7) (use of gear in a hold when the working space is confined to the square of the hatch); Article 11, paragraph (9) (use of an automatic indicator or a table showing the safe working loads for shore cranes); Article 13 (first-aid facilities and equipment at docks, wharves, quays and similar places; provisions for the rescue of immersed workers from drowning); Article 14 (prohibition of the removal of or interference with any means of access or life-saving means by unauthorized persons); Article 16 (obligation to apply the provisions of the Convention to ships the building of which is commenced after the date of ratification); and Article 18 (undertaking by the member State to enter into reciprocal arrangements with other Members which have ratified the Convention).

3. Article 9, paragraph 2(2) and (4). Since the expression "in accordance with the usual standards of maintenance" is fairly widespread in the regulations supplied by the Government - it is used in the provisions of Chapter II, paragraph 1, Chapter IX, paragraph 2, Chapter X, paragraph 2, and others, and in the safety rules for the use of mobile loading and unloading gear and appliances - the Committee asks the Government to explain what this expression implies and to state whether the keeping of a record is mandatory during the inspection prescribed by the provisions in question.

4. Article 17. In view of the importance of due enforcement of the Convention in practice, the Committee asks the Government to indicate what system of inspection is in existence in the country, what penalties are prescribed in accordance with paragraph (2) of this Article for breaches of the regulations, and what measures are taken to ensure that copies or summaries of the regulations are posted up in prominent positions at places which are in use for the processes, in accordance with paragraph (3) of this Article.

5. Part V of the report form. The Committee notes the adoption, in 1994, of the Labour Law of the People’s Republic of China, and, in particular, section 57 which calls for the establishment of a system for recording, reporting and dealing with injuries, deaths and occupational diseases. Please indicate if this provision is applicable to dock work, and please provide available statistics and information regarding the number, nature and causes of accidents reported, etc., as required by Part V of the report form.