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

The Committee notes the information supplied by the Government concerning the adoption of new regulations designed to improve the application of the Convention, particularly Decree 2006-892 of 19 July 2006 issuing safety and health regulations applicable in cases where workers are exposed to noise-related hazards; the Order of 1 March 2004 concerning the inspection of lifting appliances and gear; the Order of 2 March 2004 concerning maintenance of records for lifting appliances; and the Order of 3 March 2004 concerning the close inspection of tower cranes. The Committee also notes the Government’s reply concerning the provisions giving effect to Article 31(2), of the Convention with regard to the safety of workers lashing or unlashing containers. The Committee is also aware of the adoption of Act No. 2008-660 of 4 July 2008 concerning dock reforms and the texts for the implementation thereof. It notes the amendments relating to dock development and the organization of dock work and also the implementation of a new mode of governance of major seaports.

With reference to its comments in 2002 and 2007, the Committee notes that the Government’s report does not contain any information on the measures taken to ensure the application of certain provisions of the Convention. The Committee is therefore bound to repeat its previous requests to the Government, which read as follows:

Article 20, paragraphs 1, 2, 3 and 4. Safety measures to be taken where power vehicles operate in the hold; securing of hatch covers; ventilation regulations; safe means of escape from bins or hoppers when dry bulk cargo is being loaded or unloaded. With reference to its previous comments, the Committee notes that the Government’s report contains no information on the measures taken to ensure the application of this provision of the Convention. The Committee once again requests the Government to provide detailed information on the measures taken or envisaged with a view to applying the provisions of this Article.

Article 26, paragraphs 1, 2 and 3. Mutual recognition of arrangements made by Members for testing and examination. The Committee notes the information contained in the Government’s report that there is not a principle of general recognition of the international equivalence of testing. However, the Government indicates that a principle of equivalence is implicit under the European Treaty. The Committee requests the Government to provide information on the measures adopted to ensure the mutual recognition of arrangements made by other Members for the testing, examination, inspection and certification of lifting appliances and items of loose gear forming part of a ship’s equipment.

Article 28. Measures to ensure that rigging plans are carried on board every ship. With reference to its previous comments, the Committee notes that the Government’s report contains no information on the measures taken to give effect to this Article of the Convention. The Committee once again requests the Government to provide detailed information on the measures taken or envisaged with a view to applying the provisions of this Article.

In view of the possible practical repercussions of the abovementioned reforms on safety and health in dock work, the Committee requests the Government to supply all relevant information concerning the impact of all the new legislative provisions and regulations concerning the application of the Convention, particularly Articles 4, 5, 7 and 31.