Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes the numerous legislative amendments adopted since the Government’s last report, including the Consolidation Act No. 268 of 18 March 2005 on the working environment, as amended, and the complementary information provided on effect given to Articles 1, 4(3), 10(1), 11(3), 13(1) and (3), 17(1), 18(2) and (3), 19(2), 20(1), (2) and (4), 22(3), 24(1), 26(1)(b) and (2), 29, 30, 33, 35, 36(1)(a)–(d) and (3), 38(2) and 41(a) of the Convention. The Committee requests the Government to supply clarification and supplementary information with respect to the following points.

Article 2. Exemptions and tripartite consultations. The Committee notes that, in its reply, the Government indicates that the Danish Working Environment Authority usually does not grant exemptions such as those referred to in Article 2 of the Convention. The Government is requested to keep the Committee informed of whether such exemptions are granted and to take due account of the terms of Article 2 of the Convention.

Article 12. Means for fighting fire. The Committee notes that, in its reply, the Government refers to section 23 of Executive Order No. 559 of 17 June 2004 on the performance of work as giving effect to this provision of the Convention, and that this order prescribes detailed obligations regarding, inter alia, fire fighting and evacuation of workers taking into account the nature of the work and the size of the enterprise. The Committee requests the Government for clarification on whether the referenced Executive Order No. 559 of 17 June 2004 also regulates the means for fighting fire on board ships and not only shore-based facilities.

Article 16, paragraph 1. Transport of workers to or from a ship. The Committee notes that, in its reply, the Government refers to section 8 of Executive Order No. 181 of 1965 and the technical regulation on occupational safety and health in ships contained in the notice from the Danish Maritime Authority A of 1 September 2007. The Committee requests the Government to specify the relevant provisions in the referenced legislation which give effect to this provision of the Convention.

Article 25, paragraphs 2 and 3. Registers and certificates. The Committee notes that, in its reply, the Government refers to Executive Order No. 1101 of 14 December 1992, Part 5, which regulates notification and registers as regards “hoists and winches”. It also notes, however, that the Government’s statement that “there are no particular requirements in giving effect to these provisions of the Convention as regards registers and certification of lifting appliances and loose gear on shore”. The Committee requests the Government to clarify the scope of application of Executive Order No. 1101 and, as appropriate, provide further information on measures taken, in law and in practice, to ensure compliance with these provisions of the Convention with regard to lifting appliances and loose gear.

Article 31, paragraph 2. Safe lashing or unlashing of containers. The Committee notes that in its reply the Government refers to section 8 of Executive Order No. 181 from 1965 and the abovementioned technical regulation on occupational safety and health in ships. The Committee requests the Government to specify the relevant provisions in the referenced legislation which give effect to this provision of the Convention.

Article 32, paragraph 3. Safe handling of dangerous substances. The Committee notes that in its reply the Government refers to section 17(a) and (b) of the Danish Working Environment Act No. 268 of 18 March 2005 which regulates the right to withdrawal in situations of imminent and serious dangers at the workplace. Noting that the referenced provisions do not regulate the question of safe handling of hazardous substances in ports, the Committee requests the Government to provide further information on specific measures taken in practice to ensure application of this provision in ports.

Part V of the report form. Application in practice. The Committee notes that in its reply the Government indicates that in Denmark there are no administrative or register-based databases which can unambiguously identify dock work, including loading and unloading of ships, and that statistics on occupational accidents and diseases are therefore not available. Noting that information regarding occupational accidents and diseases is an essential preventive tool for upholding and creating safe and healthy working conditions in ports, the Committee underlines the need to develop statistical systems and methodologies which permit an identification of occupational safety and health issues related to the specific and hazardous working environment that dock work represents. Such a tool should allow the Government to obtain further information as regards OSH in port, including the number of dockworkers covered by the provision of the Convention, disaggregated by sex, the number and nature of contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported. The Committee urges the Government to take the necessary measures in order to develop statistical systems and methodologies that ensure that relevant information is available and that appropriate focus can be placed on the situation of dockworkers in Denmark and on methods to prevent and to follow-up on reported incidents. With reference to the “Smiley’s Scheme”, implemented through Notification No. 1497 of 20 December 2004, the Committee asks the Government to provide information on measures taken or envisaged in order to implement this initiative in port’s sector, including port operators. Moreover, with reference to its previous comments, the Committee reiterates its request to the Government to provide a general appreciation of the manner in which the Convention is applied in the country and to attach extracts from the reports of the inspection services.