Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Repetition

The Committee notes with regret that the report submitted by the Government is identical to the most recent report submitted by the Government in 2007 which formed the basis for the Committee’s observation in 2008 repeated in 2009, 2010 and 2011 for lack of a response from the Government. The Committee urges the Government to solicit technical assistance of the ILO to resolve any problems related to the application of this Convention, and hopes that a report will be supplied for examination by the Committee at it next session. In the meantime and in the absence of any new information, the Committee must, yet again, repeat its previous observation which read as follows:

The Committee notes the information provided by the Government according to which a national advisory technical committee on occupational safety and health has been set up pursuant to Decree No. 2000-29 of 17 March 2000 which gives effect to Article 7 of the Convention. It also notes, however, that the information requested concerning Articles 2, 4, 5, 6 and 11–36 are to be provided by the Government subsequently. As regards the further information the Committee has requested the Government to provide, the Committee notes that the Government has either not replied to questions raised by the Committee in its previous comments or it has provided information that is applicable to enterprises in general. The Government appears to imply that dockworkers should be treated in the same manner as other workers and ports be treated like any other enterprise. With reference to Articles 4–7, the Committee wishes to recall that the Government is required to take measures to give effect to the specific provisions in the Convention. The Committee must therefore once again repeat its previous observation which read as follows:

The Committee draws the Government’s attention to the absence of specific health and safety provisions for dock work. The Committee noted previously that a draft Order on safety and health in dock work had been prepared by the technical departments of the Ministry of Labour and Social Security. In its report for the period ending 30 June 1993, the Government repeated this information and added that the draft had been submitted for adoption. The Committee hopes that the provisions of this text will ensure the application of the following provisions of the Convention: Article 4 (objectives and areas to be covered by measures to be established by national laws and regulations, in accordance with Part III of the Convention); Article 5 (responsibility of employers, owners, masters or other persons as appropriate, for compliance with safety and health measures; duty of employers to collaborate whenever two or more of them undertake activities simultaneously at one workplace); Article 7 (consultation of and collaboration between employers and workers). It asks the Government to provide a copy of the above Order as soon as it has been adopted.

In its previous reports, the Government referred to Orders No. 9033/MTERFPPS/DGT/DSSHT on the organization and functioning of the socio-medical centres of enterprises in the People’s Republic of the Congo and No. 9034/MTERFPPS/DGT/DSSHT laying down the procedures for the establishment of socio-medical centres which are common to several enterprises in the People’s Republic of the Congo. Since these texts have not been received, the Committee would be grateful if the Government would provide a copy of them.

Article 6. The Committee notes from the Government’s report for the period ending 30 June 1993 that briefings are to be organized to inform workers about safety provisions in the place of work at which heads of establishment can alert them about the dangers arising from the use of machinery and the precautions to be taken. The Committee asks the Government to provide a copy of the provisions concerning the organization of these briefings and the measures taken to give effect to paragraph 1(c) of this Article.

Article 8. The Committee notes the Government’s statement in its report for the period ending 30 June 1993 that all safety measures are provided for in Chapter II of Order No. 9036 of 10 December 1986. The Committee notes that the above part of the Order provides for general protective measures whereas the Convention requires the adoption of measures specific to dock work. It asks the Government to indicate which provisions require the adoption of effective measures (fencing, flagging or other suitable means including, when necessary, cessation of work) to ensure that when the workplace has become unsafe, workers are protected until it has been made safe again.

Article 14. The Committee notes from the Government’s report for the period ending 30 June 1993 that the application of this Article is ensured by labour inspectors by means of inspections in enterprises. The Committee asks the Government to indicate which provisions ensure that electrical equipment and installations are so constructed, installed, operated and maintained as to prevent danger, and which standards for electrical equipment and installations have been recognized by the competent authorities.

Article 17. The Committee notes that section 41 of Order No. 9036, cited by the Government in its report for the period ending 30 June 1993 as giving effect to this Article of the Convention, includes specific measures only for the use of lifting gear in particular weather conditions (wind). The Committee asks the Government to indicate the measures taken to ensure that the means of access to a ship’s hold or cargo deck are in conformity with the provisions of this Article.

Article 21. The Committee notes the provisions of sections 47–49 of Order No. 9036 which the Government cites in its report for the period ending 30 June 1993 as giving effect to this Article of the Convention. It notes that the above sections provide for protective measures for some machinery or parts of machines which can be dangerous. It asks the Government to indicate the measures taken or envisaged to ensure that all lifting appliances, every item of loose gear and every sling or lifting device forming an integral part of a load comply with the provisions of the Convention.

Articles 22, 23, 24 and 25. Further to its previous comments, the Committee notes that, in its report for the period ending 30 June 1993, the Government refers to the certification of machinery, including lifting appliances, which is conducted by technical inspectors and advisory bodies, as a general measure to ensure that lifting appliances are sound and in proper working order. However, these Articles of the Convention provide for a set of measures to ensure that appliances and loose gear can be used by workers without any danger or risk: testing of all lifting appliances and loose gear (every five years in ships); thorough examination (at least once every 12 months); regular inspection before use. The Committee asks the Government to indicate the provisions requiring the above measures to be taken in respect of all lifting appliances – on shore and on board – and of all loose gear.

Article 30. The Committee notes that section 43 of Order No. 9036 referred to by the Government, does not relate to the attaching of loads to lifting appliances. It asks the Government to indicate which provisions relate to this matter.

Article 34. The Committee asks the Government to provide a copy of the instructions concerning the wearing of personal protective equipment referred to by the Government in its report for the period ending 30 June 1993.

Article 35. Further to its previous comments, the Committee notes that section 147 of the Labour Code regulates the evacuation of injured persons who are able to be moved and who are not able to be treated by the facilities made available by the employer. It notes that the Government also refers in its reports to Orders Nos 9033 and 9034 mentioned in paragraph 2 above. The Committee asks the Government to indicate the measures taken either under the above texts, or otherwise, to ensure that adequate facilities, including trained personnel, are available for the provision of first aid.

Article 37(1). The Committee recalls that, under this provision of the Convention, committees which include employers’ and workers’ representatives must be formed at every port where there is a significant number of workers. Recalling the Government’s statement that the health and safety committees provided for by the law have not been formed, the Committee asks the Government to indicate the measures taken to ensure the establishment of such committees in ports with a significant number of workers.

Article 38(1). The Government indicates in its report that, in the absence of health and safety committees, instruction and training are entrusted to a specialist in the matter within the enterprise. The Committee asks the Government to provide information on the activities of these specialists.

Article 39. The Committee notes that section 61 of Act No. 004/86 of 25 February 1986 establishing the Social Security Code gives effect in part to this Article of the Convention. It asks the Government to indicate the provisions which ensure that this Article is applied to occupational diseases.

Article 41(1)(a). Further to its previous comments, the Committee notes that the Government refers to Order No. 9036 of 10 December 1986 as being the text which lays down general obligations for the persons and bodies concerned with dock work (ports being treated as any industrial enterprise) and that no specific measures have been taken in respect of dock work. The Committee asks the Government to indicate the measures taken or envisaged to set out the specific obligations taken for the persons and bodies concerned with dock work.

In the absence of any information on the application of the above provisions, the Committee asks the Government to indicate the specific measures which give effect to the following provisions of the Convention:

• – Article 9(1) and (2). Safety measures with regard to lighting and marking of dangerous obstacles.
• – Article 10(1) and (2). Maintenance of surfaces for traffic or stacking of goods and safe manner of stacking goods.
• – Article 11(1) and (2). Width of passageways and separate passageways for pedestrians.
• – Article 16(1) and (2). Safe transport to or from a ship or other place by water, safe embarking and disembarking, and safe transport to or from a workplace on land.
• – Article 18(1)–(5). Regulations concerning hatch covers.
• – Article 19(1) and (2). Protection around openings and decks, closing of hatchways when not in use.
• – Article 20(1)–(4). Safety measures when power vehicles operate in the hold; hatch covers secured against displacement; ventilation regulations; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded.
• – Article 26(1)–(3). Members’ mutual recognition of arrangements for testing and examination.
• – Article 27(1)–(3). Marking lifting appliances with safe working loads.
• – Article 28. Rigging plans.
• – Article 29. Strength and construction of pallets for supporting loads.
• – Article 31(1) and (2). Operation and layout of freight container terminals and organization of work in such terminals.
• – Article 38(2). Minimum age limit for workers operating lifting appliances.