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

Further to its observation the Committee notes the information submitted by the Government concerning effect given to Articles 4(3), 6(2), 7(2), 15, 16(1), 32(3) and (4), and 35. It requests the Government to provide clarifications and supplementary information with respect to the following points.

Article 1 of the Convention. Scope of application. The Committee notes that, in response to its query regarding the applicability of the Convention to work incidental to the work of loading or unloading any ship, the Government refers to the most recent legislative changes and that relevant legislation remain applicable to this work. The Committee reiterates its request that the Government provide further information on measures taken to give effect to the requirement that all work incidental to the loading and unloading of ships be covered by national legislation.

Article 2. Exemptions and tripartite consultations. The Committee notes that in its response to the Committee’s query regarding exemptions granted in practice, the Government refers to the relevant sections 9.18–9.20 of the Working Conditions Decree (WCD), 1997 stating that they are applied restrictively under the supervision of the labour inspectorate. The Committee reiterates its request to the Government to indicate whether, in actual practice, exemptions have been granted and if so, to provide further information on such exemptions and measures taken to ensure that the conditions stated in Article 2 are met.

Article 3, subparagraphs (g) and (h). Definitions. With reference to the detailed information provided by the Government, the Committee notes that national legislation uses different terminology to the Convention. It is the view of the Committee that these differences do not appear to be significant in the case of the definitions of “access” and “ship”. The Committee notes, however, that national legislation does not seem to distinguish between the notions of “lifting appliances” and “loose gear”. Noting that this lack of distinction may have an impact, inter alia, on the application of Articles 21–24 of the Convention, the Committee requests the Government to provide further information on how Article 3(e) and (f) of the Convention are applied in practice.

Article 22, paragraphs 2–4. Testing of lifting appliances and loose gear. Taking into account the lack of a distinction made in national legislation between lifting appliances and loose gear as noted above, the Committee notes that in response to its query on the application of Article 22(3), the Government refers, inter alia, to section 7.24 of the WCD which in turn refers to sections 7.29.2–4 of the WCD. Noting the importance to ensure compliance with the requirements of the Convention regarding the periodicity of the inspections carried out on lifting appliances and loose gear in Article 22(2)–(4), and Article 23 respectively, the Committee requests the Government to provide further information on how these provisions are applied in practice in the light of the references made in section 7.29.2 to “suitably tested”, in section 7.29.2 to “effectively tested” and in section 7.29.3 to “regularly and effectively tested”.

Article 25, paragraph 3, and Article 26, paragraphs 1(b) and 2. Certification. The Committee notes the response provided by the Government including reference made to section 7.29, subsections 9 and 10, of the WCD and that the referenced legislative provisions provide that their subject matters will be further regulated by ministerial orders. The Committee requests the Government to provide a copy of the ministerial orders referred to in section 7.29, subsections 9 and 10, of the WCD.

Article 37, paragraphs 1 and 2. Safety and health committees. The Committee notes the information provided in the Government’s report including references to the Works Councils Act (in its available version published in 2003) regulating the setting up, composition and competencies of works councils. The Committee requests the Government to provide further information on how the relevant legislation concerning works councils are applied in practice giving effect to Article 37(1) and (2) of the Convention.

Article 38, paragraph 2. The Committee notes that in its response the Government seems to indicate that it is a legal requirement that lifting appliance and other cargo-handling appliances can only be operated by persons who are at least 18 years of age and who possess the necessary aptitude and experience or persons under training who are properly supervised as provided in Article 2(2), without specifying the relevant legislation. The Committee requests the Government to provide further information on the relevant legislation giving effect to Article 38, paragraph 2, of the Convention.