Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

1. The Committee takes note of the Government's reply to its previous direct request and notes the information concerning the application of Articles 8, 10, 12, 16, 27, 29, 30, 32, paragraph 3, and 42 of the Convention.

2. With regard to the other points raised in the above request, the Committee wishes to point out the following:

Article 21(b). The Committee noted that, under section 14 of Order No. 133(a) of 23 March 1956 (as amended up to 1985), hoisting machinery may be overloaded in special cases under the supervision and command of a competent person, whereas under the above provision of the Convention, such overloading is only authorised, in the same conditions, for testing purposes in accordance with the regulations. The Committee therefore requested the Government to state the measures taken or contemplated to give full effect to this provision of the Convention. The Government states in its report that the above Order is currently being revised and that particular attention will be paid to the comments made on this point. The Committee takes note of this statement and hopes that the next report will indicate the progress made in this respect.

Article 28. In reply to the Committee's request concerning the provisions giving effect to this Article of the Convention, which provides that every ship shall carry rigging plans and any other relevant information necessary to permit the safe rigging of its derricks and accessory gear, the Government refers to regulations administered by the Maritime Directorate. The Committe would be grateful if the Government would specify the regulations in question and provide a text of them with its next report.

Article 36, paragraph 1(a), (b) and (c). The Committee notes the information contained in the report concerning the organisation of industrial health services in the various enterprises, and of the co-operation in this field of the working environment committees established under the 1977 Act respecting workers' protection and the working environment. It also notes with interest that revised provisions concerning medical examinations for crane drivers (including eye examinations) have been included as appendices to Orders Nos. 133 and 291. The Committee also notes that, in addition to the above texts, Order No. 380 concerning industrial health services, and Order No. 401, which defines the role of labour inspectors in the running of these services, are regularly revised and are also applicable to dockworkers. The Committee hopes that in a future revision of these texts it will be possible to take account formally of the above provisions of the Convention, which provide that member States must determine, by national laws or regulations or other appropriate methods: (a) for which risks inherent in the work there is to be an initial medical examination or a periodical medical examination, or both; (b) the maximum intervals at which periodical medical examinations are to be carried out; and (c) the range of special investigations deemed necessary in the case of workers exposed to special hazards.