Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Cuba (Ratification: 1982)

Other comments on C152

Direct Request

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Article 13(4) of the Convention. Person authorized to remove guards or other safety devices. The Committee notes that paragraph 1.3 of Annex 2 to Resolution No. 39 of the Ministry of Labour and Social Security, dated 29 June 2007, issuing the General Basic Provisions on Occupational Safety and Health, gives effect to this Article of the Convention.

Article 32(3). Handling of dangerous substances. In its previous comments, the Committee requested the Government to indicate the measures adopted to ensure that if receptacles or containers of dangerous substances are broken or damaged to a dangerous extent, dock work shall be stopped and the workers removed to a safe place. The Committee notes that the Government refers once again to Annex 2, referred to above. The Government adds that the personnel has to be instructed in the safety requirements relating to the substance and the safety measures to be taken in the event of accidents, and that plans are developed for emergencies, evacuation and the repair of breakdowns. For that purpose, brigades are established for evacuation in the event of breakdowns, and are duly trained and certified and use simulations for training every year. The Committee requests the Government to indicate the paragraphs of the annex which indicate the security measures to be taken in the event of an accident and the plans for emergencies, evacuation and the repair of breakdowns to which reference is made in the report.

Article 36(1)(b). Periodical medical examinations. Maximum intervals. The Committee notes the Government’s indication that Resolution No. 39, referred to above, provides that the administration shall require all workers to be examined by a doctor of the National Health System before beginning work and that the Labour Code, in section 202, provides that the administration of the workplace shall be under the obligation to require the medical examination of workers prior to employment and periodically during employment. The Committee requests the Government to indicate the maximum intervals at which periodical medical examinations are to be carried out, with due regard to the nature and degree of the risks.

Article 38(2). Age and aptitudes required for the operation of lifting appliances. The Committee notes the Government’s reference to section 224 of the Labour Code, which prohibits work by young persons in dock work and other activities in which excessive weights are handled, and Resolution No. 8 of the Ministry of Labour and Social Security, dated 1 March 2005, issuing the General Regulations on Labour Relations which, according to the Government provides in section 15 that young persons under 18 years of age may not be employed in work in which, among other circumstances, they are exposed to work involving heavy loads. The Committee requests the Government to indicate the requirements set out in national legislation for the operation of lifting appliances.

Articles 16. Transport of workers by water or on land to and from a ship or other place; 17. Access to a ship’s hold or cargo deck; 18(2) and (4). Hatch covers; 26. Mutual recognition; 28. Riggings plans; 31(1). Safe operation of freight terminals; and 32(1) and (2). Marking of dangerous cargo. The Committee notes the Government’s indication that work is being carried out to update and improve the legal provisions in these areas. The Committee requests the Government to take the necessary measures to give expression in the legislation to these provisions of the Convention and to provide information on this subject.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that no fatal employment accidents in dock work have been reported to or detected by the National Labour Inspection Office during the course of 2011. In its previous direct request, the Committee noted the Government’s reference to Resolution No. 31, of 31 July 2002, which contains practical procedures for the identification, evaluation and control of risk factors at work. The Committee once again requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country including, in particular, how the general practical rules for the identification, evaluation and control of risk factors are applied in the area of port work. Please also attach extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken. The Committee also requests the Government to provide indications on the type of occupational accidents that occur most frequently in the port sector, both fatal and non-fatal.