Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided in the Government’s first and second reports including copies of relevant national legislation. The Committee notes that since the submission of these reports, Italy has adopted a comprehensive new legislation in this area, Law No. 123 of 3 August 2007 concerning occupational safety and health, and the implementing Decree No. 81 of 9 April 2008. The Committee also notes the observations from the General Confederation of Industry (CONFINDUSTRIA) of 12 June 2002 in relation to the Government’s first report. With reference to the newly adopted legislation in the area of occupational safety and health, the Committee requests the Government to provide further information on how this new legislation impacts the application of the Convention.

Article 1 of the Convention. Scope of application. The Committee notes the references made to Decree No. 626 of 19 September 1994 on improving the safety and health of employees in their workplace and Decree No. 272 of 27 July 1999 (Decree No. 272/1999) on adapting legislation on the safety and health of workers in carrying out operations and port services, operations and maintenance, repair and conversion of ships in the port area and that section 3, paragraph 1(a), of the latter defines “port operations and services” as “operations of loading, unloading, transfer, storage and handling of goods in kind and any other material, port-related complementary and ancillary operations” in accordance with the Convention. However, with reference, inter alia, to observations by CONFINDUSTRIA, the Committee notes that according to section 2, paragraph 2, Decree No. 272/1999 does not apply to “open storage, warehouses and factories for petroleum products, chemicals in a liquid state and other related products, situated in the port area”, that according to section 16 of Law No. 84 of 28 January 1994 on revision of port legislation, “dock work” is defined to relate exclusively to “loading and unloading of seagoing ships” and that section 16, paragraph 7bis, of the same law states that work in establishments such as warehouses and open storage for petroleum, chemicals and similar products in the port area should not be considered as dock work. With reference to the meaning of “dock work” according to Article 1 of the Convention, the Committee requests the Government to comment on the observations by CONFINDUSTRIA and to provide further information on the meaning of section 2, paragraph 2, of Decree No. 626 of 1994 and section 16 of Law No. 84 of 28 January 1994 (as amended) on revision of port legislation as well as on the measures taken to ensure a full application of the Convention.

Article 3, subparagraphs (b)–(e) and (g)–(h). Definitions. The Committee notes that the Government’s reports are silent regarding the definitions in these paragraphs. The Committee requests the Government to provide further information on measures taken to ensure full compliance with the definitions of the terms in Article 3(b)–(e) and (g)–(h) of the Convention.

Article 4, paragraph 3. Practical implementation through codes of practice. The Committee notes that the Government makes extensive references to the recently adopted ILO code of practice in this area, Safety and health in ports (Geneva, 2005). The Committee welcomes information on this and encourages the continued practical use of this code of practice.

Article 9. Suitable and adequate lighting in ports. The Committee notes that the Government’s reports are silent regarding the definitions in these paragraphs. The Committee asks the Government to provide further information on measures taken to ensure compliance with the requirements regarding suitable and adequate lighting in ports and of obstacles liable to be dangerous to the movement of lifting appliances, vehicles or persons.

Article 10, paragraph 1. Suitability and maintenance of surfaces for traffic and stacking goods and materials. The Committee notes that the Government’s reports are silent regarding the application of Article 10(1). The Committee asks the Government to provide further information on measures taken to ensure compliance with the requirement that surfaces used for vehicle traffic or for stacking goods or materials are suitable for that purpose and properly maintained.

Article 13, paragraphs 3–4. The Committee notes that the Government’s reports are silent regarding the application of paragraphs 3–4 of this Article. The Committee asks the Government to provide further information on measures taken to ensure compliance with the requirements regarding the appointment of a responsible person for the purposes mentioned in paragraph 3 or the designation of an authorized person in relation to paragraph 4 of Article 13.

Article 25, paragraph 3. Recognized certificates of the testing and examination of lifting appliances and loose gear. The Committee notes the references made to section 14 of Legislative Decree No. 272/1999, and sections 35–39 of Legislative Decree No. 626/1994, as giving effect to this provision. In the light of the models recommended by the ILO, the Committee requests the Government to provide further information on the application of these provisions, for example by providing samples of certificates used.

Articles 27 and 30. Safe working loads. Article 28. Safe rigging of derricks and accessory gear. The Committee notes that the Government’s reports are silent regarding the application of Articles 27, 28 and 30. The Committee asks the Government to provide further information on measures taken to ensure compliance with the requirements in Articles 27, 28 and 30.

Article 38, paragraph 1. Provision of adequate training and instruction. The Committee notes the detailed information provided by the Government regarding the application of this Article. The Committee also notes the information that new legislation with respect to the training of employees is in an advanced stage of development. The Committee requests the Government to keep it informed on any new developments regarding the application of this provision of Article 38 of the Convention, and asks the Government to provide the Office with copies of any new legislation, once it has been adopted.

Article 38, paragraph 2. Requirements regarding persons operating lifting appliances. The Committee notes that the Government’s reports are silent regarding the application of Article 38(2). The Committee asks the Government to provide further information on measures taken to ensure compliance with the requirements in paragraph 2 of this Article.

Part V of the report form. Application in practice. The Committee notes that the Government did not provide any response to this particular section in the report form. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied, attaching any extracts from the reports of inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported.

[The Government is asked to report in detail in 2012.]