Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) - Panama (Ratification: 1971)

Other comments on C032

Observation

2013
2010
2007
1990

Direct Request

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Laws and regulations. In its 2010 observation, the Committee noted the Government’s indication that on 6 August 2008 it adopted the General Docks Act, No. 56, under section 106 of which the Panama Maritime Authority shall establish standards and procedures on the prevention of occupational accidents and diseases, occupational safety and health, fire prevention and the safe handling of cargo, in order to ensure the safety and efficiency of dock work. The Committee requested a copy of the regulations on safety and health in dock work, once they had been approved. The Committee notes the Government’s indication that the draft regulations on safety and health in dock work have not yet been adopted, and that they are currently undergoing technical evaluation by the Dock Safety and Health Section with a view to their adoption. The Committee, referring to its 2010 observation, requests the Government to make every effort to ensure that the draft regulations are approved in the near future, that they take into account all the matters raised in its 2007 observation, which reiterates the comments that the Committee has been making since 1996, and to provide information in this regard.

Information on the effect given in practice to certain provisions of the Convention. In its 2010 observation, the Committee requested the Government, if the draft regulations had not yet been adopted, to indicate the manner in which effect is given in practice to the various provisions referred to in its 2007 observation. The Committee notes the brief information provided by the Government on the effect given to the following provisions of the Convention:

-Article 2(2), (3) and (4) of the Convention. Approaches. The Government indicates that these are taken into account in inspections;
-Article 9(2)(2). Inspection of hoisting machines. The Government indicates that maintenance is carried out in accordance with the recommendations of the manufacturer. Daily checks are also carried out prior to their use;
-Article 11(1). Supervision by a competent person while a load is suspended. The Government indicates that these measures cover all hoisting machines. Compliance with these safety measures is controlled during operation, and these instructions are included in the new regulations;
-Article 11(2) and (8). Employment of a signaller and compliance with the maximum permitted load of hoisting machines. It is ascertained in practice that a person is present to signal hoisting and the teams ensure that the maximum permitted load is not exceeded;
-Article 11(5). Escape. The Government indicates that escape routes from docks are verified;
-Article 14. Fencing, gangways, gear, ladders, life-saving means or appliances. The Government indicates all of these aspects are checked during inspections of ports and that any infringements are reported.

The Committee observes that the brief information provided does not enable it to gain an overview of the application of the Convention. The Committee wishes to emphasize that the indication that new legislation is being prepared does not exempt the Government from its obligation to ensure the application of all of the provisions of the Convention and to provide detailed information on the effect given to the Convention. The Committee requests the Government to provide a detailed report on the effect given in law and practice to each of the Articles and paragraphs of the Convention.

Part V of the report form. Application in practice. Please provide general information on the manner in which the Convention is applied in practice, including information on the number of workers covered by the Convention, the manner in which inspection is performed in relation to the present Convention, the number and type of violations reported and the most frequent occupational accidents and diseases.