Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information communicated by the Government in its report in response to the Committee’s previous comment. The Committee notes the information that the ongoing revision of the General Regulations on Safety and Health in Dock Work of the National Ports Authority (21 October 1988, Official Gazette 21-161, Agreement 388), has not yet been completed. The Committee expresses the firm hope that this revision will be completed soon and that in the context of this revision account will be taken of the following comments the Committee has made since 1996:

1. Article 2, paragraphs 2, 3 and 4, of the Convention. The Committee notes that, as part of the revision of the General Regulations on Safety and Health in Dock Work, it is envisaged that these provisions of the Convention will be incorporated in the provisions of the regulations concerning the width of passageways along quaysides and wharves, and the provision of fencing for dangerous areas and passageways. The Committee recalls that paragraphs 2, 3 and 4 set the minimum dimensions which should be adopted to ensure compliance with these provisions as a whole.

2. Article 3, paragraph 3. The Committee notes that it is envisaged that the provisions of this Article shall be incorporated into the revised regulations, so that all national ports will comply with them.

3. Article 5, paragraphs 2 and 5; Article 6, paragraph 2; Article 8. The Committee notes that the provisions of Article 5, paragraphs 2 and 5 (concerning access to holds), Article 6, paragraph 2 (safety measures in connection with deck openings, including fencing), and Article 8 (specific measures required to ensure implementation), are to be included in the regulations so that national ports will apply them. The Committee requests the Government to keep the International Labour Office informed of any developments in this matter.

4. Article 9, paragraph 2(2). The Committee notes that, according to the Government’s report, the Maritime Authority of Panama (AMP) runs mechanical workshops responsible for producing statistics on the frequency of examinations and inspections. However, the Committee notes that the Government again refers to sections 29 and 30 of the General Regulations on Safety and Health in Dock Work, and recalls that these provisions do not specify the frequency of the examinations and inspections required. The Committee is therefore obliged to request the Government once again to take the necessary measures to ensure that the periods specified in this provision of the Convention are included in the regulations during the revision process.

5. Article 9, paragraph 2(7). The Committee notes that sections 89, 92, 93, 95, 96, 99 and 136 of the regulations are cited by the Government in its report, and notes that section 92 introduces a special measure relating to the vertical hoisting of loads. However, the Committee notes that these sections are not specifically aimed at providing means of minimizing the risk of loads falling accidentally during hoisting or lowering by cranes or winches. The Committee once again requests the Government to take the necessary measures to ensure that the Convention is applied on this point.

6. Article 11, paragraph 1. The Committee notes the provisions of sections 89 and 95 of the General Regulations which, according to the Government, give effect to this provision of the Convention. Section 95 provides that a signaller must maintain visual communication with the crane operator, who must follow only the signaller’s instructions. The Committee notes that section 95 of the regulations concerns the operation of cranes in container terminals, although this provision of the Convention concerns hoisting systems in general, not only cranes. The Committee therefore requests the Government to take the necessary measures to ensure that this provision of the Convention is applied in full.

7. Article 11, paragraphs 2 and 8. The Committee notes the Government’s statement to the effect that the changes to the regulations will ensure that the provisions of the Convention are implemented in the ports administered and regulated by the Maritime Authority of Panama (AMP). The Committee hopes that when the regulations are revised, they will ensure that these provisions are implemented in cases of general loading and unloading operations.

8. Article 11, paragraphs 5, 6, 7 and 9. Referring to its previous observations, the Committee reminds the Government of the need to adopt safety measures that will meet the requirements set out in each of these paragraphs regarding: escape of workers when employed in a hold or between decks in dealing with bulk cargo (paragraph 5); conditions for using a stage (paragraph 6); procedures for working in hold spaces (paragraph 7); and safe working loads for cranes (paragraph 9). The Committee hopes that the Government will adopt the necessary measures to ensure that these paragraphs of the Convention are implemented, as it no doubt will when the General Regulations are revised.

9. Article 14. The Committee notes the provisions of sections 1, 9 and 41 of the General Regulations cited by the Government in its report, and notes once again that section 41 comes under Chapter I, Title V, of the regulations and thus concerns protective devices on loading and handling equipment. The Committee again requests the Government to indicate what legislative or administrative measures have been taken or are envisaged to ensure that this provision is also applied to the other elements referred to therein.

10. Part V of the report form. The Committee requests the Government to supply extracts of inspection reports, and invites the Government to provide statistics and other details, for example, on the number and nature of any infractions and the nature and cause of any accidents recorded.

11. The Committee requests the Government to communicate a copy of the revised General Regulations on Safety and Health in Dock Work, and to indicate any progress made in applying the Convention.

2. The Committee takes the opportunity to recall that the Governing Body of the ILO has invited parties to Convention No. 32 to consider ratification of Convention No. 152, which revised Convention No. 32 (GB.268/LILS/5(Rev.1), paragraphs 99-101). Such ratification would automatically entail an immediate denunciation of Convention No. 32. The Committee also wishes to bring to the Government’s attention an ILO code of practice in this area, Safety and health in ports (Geneva, 2005). This code of practice is available, inter alia, through the ILO’s web site by following the link, http://www.ilo.org/public/english/protection/safework/cops/english/index.htm The Government is requested to keep the Committee informed of any developments in this respect.