Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

I. The Committee notes with interest the information provided by the Government in its latest report, in particular with respect to the application of Article 18, paragraph 5, and Article 31, paragraph 2, of the Convention. It also takes note of the list of ports determined by the Council of State to be covered by the regulations when loading or discharging ships.

II. The Committee would be grateful if the Government would provide further clarification on the following points:

1. Article 2, paragraph 1. Further to its previous comments, the Committee notes the information supplied by the Government which confirmed that Finnish fishing vessels are small, and no outside labour is used in loading and unloading them. The Committee would recall that under this provision of the Convention exceptions may be granted in respect of dock work where the traffic is irregular and confined to small ships on condition that: (a) safe working conditions are maintained; and (b) the competent authority, after consultation with the organizations of employers and workers concerned is satisfied that such exemption is reasonable in all circumstances. The Government is, therefore, requested to indicate the manner in which safe working conditions are ensured with respect to fishing vessels and the manner in which the organizations of employers and workers concerned were consulted concerning this exclusion.

2. Article 28. In reply to the Committee's previous comments, the Government has indicated in its report that section 27 of the Council of State decision No. 915/85 requires that any piece of equipment must be provided with adequate instructions for its installation and section 4.1.1 of the Safety Regulations No. 41 requires that detailed information and reports on lifting appliances must be provided for structural inspection.

The Committee would recall that this Article of the Convention calls for every ship to carry rigging plans in order to permit the safe rigging of ships' derricks and accessory gear. The Government is, therefore, requested to indicate the measures taken or envisaged to ensure that every ship carries rigging plans.

3. Article 32, paragraph 3. In reply to the Committee's previous comments, the Government refers again to section 72 of the Council of State decision concerning regulations to be observed when loading and unloading ships and to contingency plans, which employers have ready for the most common hazardous substances handled in ports. The Committee would be grateful if the Government would indicate the measures envisaged by these plans and would indicate in particular whether these plans foresee that dock work, other than that necessary to eliminate danger, shall be stopped in the area concerned and the workers removed to a safe place until the danger has been eliminated.

III. In connection with the Finnish Transport Workers' Union (AKT) statement, the Committee, in its previous comments, requested the Government to indicate the measures taken or envisaged to ensure that mechanical handling devices are also inspected by a competent person and that they are periodically examined at least once every 12 months, in accordance with the provisions of Articles 22 and 23 of the Convention.

In its latest report, the Government indicates that the National Board of Labour Protection Safety Regulations No. 41 require that mechanical handling appliances be inspected and maintained in accordance with the necessary inspection instructions, provided by the importer or manufacturer. According to the Government, special attention must be paid to the frequency and manner of the inspection. The Committee also notes the comments made by the Central Organization of Finnish Trade Unions (SAK), transmitted with the Government's latest report, concerning the inadequacy of the national regulations on inspecting mechanical handling appliances and its loading gear. The Committee requests the Government to provide in its next report the Harbour Protection Safety Regulations No. 41, as well as any available inspection instructions.