Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Peru (Ratification: 1988)

Other comments on C152

Observation

Direct Request

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The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), received on 14 September 2017, and the Government’s reply thereto.

The Committee notes the CATP’s indication that: (i) there are no standards on physical, chemical or ergonomic risks on the National Port Authority (APN) website, despite the existence of the Basic Ergonomics Standard and the Ergonomic Risk Assessment Procedures; (ii) with regard to training, the types of training on the APN website only mention the employers trained and not the workers. Furthermore, there is only one creative virtual induction system for all persons who have access to port facilities, including workers, which is not sufficient to train dockworkers; and (iii) despite the fact that occupational accident reports updated to 2016 can be found on the APN website, there is no information on occupational diseases or the corrective measures to be taken in the event of accidents. The website of the Ministry of Labour and Employment Promotion (Ministry of Labour) provides information on occupational accidents updated until 2017, but does not indicate if they occurred in the port sector.

The Committee notes the Government’s reply, indicating that the training options that appear on the APN website refer to the list of natural or legal persons specialized in port security and safety training activities, recognized by the APN. Regarding the occupational accidents published on the website of the Ministry of Labour and Employment Promotion, port activities are included in the “Transport, storage and communications” category. The Committee requests the Government to reply to the observations of the CATP regarding the standards applicable to physical, chemical and ergonomic risks in the port sector, and on the texts and practices that apply to the training of dockworkers.

Legislation. Compliance of the regulations issued by the various port authorities with the Convention. In its previous comment, the Committee noted that the Government had undertaken intensive legislative work in this area and expressed the hope that the Government would gradually incorporate the requirements of the Convention into the National Standard on Occupational Safety and Health in Dock Work so as to ensure that the regulations issued by the port authorities are in conformity with the Convention. The Committee notes the Government’s indication that it has incorporated the requirements of the Convention into the updated National Standard on Occupational Safety and Health in Dock Work and the guidelines for obtaining a port safety certificate (the SSOP Standard), and that the draft standard was the subject of consultations with the general public. The Government indicates that, following the consultations, the draft was amended and is currently being revised and evaluated by the Legal Advisory Unit of the APN. Furthermore, the Committee notes the adoption of Decision No. 044-2017-APN/DIR of 26 July 2017 approving the Technical Standard on Port Security; and Decision No. 39-2018-APN/DIR approving the Manual for Harmonized Audits. The Committee hopes that the Government will approve without delay the updated National Standard on Occupational Safety and Health in Dock Work and the guidelines for obtaining a port safety certificate (SSOP Standard), in accordance with the provisions of the Convention, and that this new frame of reference will enable the Government to provide more precise and detailed information on the application of the following articles of the Convention.

Article 3 of the Convention, subparagraphs (b) competent person; (c) responsible person; (d) authorized person; (e) lifting appliance; (f) loose gear; and (g) access. Definitions. In its previous comment, the Committee requested the Government to provide a copy of the amended SSOP Standard, incorporating the above definitions, once it had been approved. The Committee notes that the Government reports the ongoing revision and evaluation of the draft standard by the Legal Advisory Unit of the APN. The Committee hopes that the updated SSOP Standard will incorporate the above-mentioned definitions. Regarding the definitions of competent person, responsible person and authorized person, the Committee considers it essential that the functions set out in certain Articles of the Convention are performed by persons who satisfy the requirements of the Convention. In this respect, the Committee requests the Government to ensure that, in accordance with the Convention: (i) the functions set out in Articles 13(4) and 18(4) are performed by an “authorized person”; (ii) the functions set out in Articles 22(1) and 23(1) and (2) are performed by a “competent person”; and (iii) the functions set out in Articles 19(2) and 24 of the Convention are performed by a “responsible person”. The Committee requests the Government to provide more detailed information on the manner in which effect is given to Article 3 of the Convention.

Article 7(1). Adoption of legislative measures in consultation with the organizations of employers and workers concerned. The Committee previously requested the Government to provide information on the consultations held with the organizations of employers and workers concerned, and to indicate the consultation mechanisms and the organizations consulted. The Committee notes the Government’s indications that the Board of the APN, which has regulatory powers, includes among its members representatives of the State, two representatives of the private sector, who represent port users, through their respective representative organizations, and a representative appointed by port authority workers, through their accredited representative organizations (section 25 of the Act on the National Port System). The Government also reports that the draft updated SSOP Standard, which is being evaluated by the Legal Advisory Unit of the APN, incorporates this requirement of the Convention. The Government indicates that this requirement is fulfilled by Act No. 29783 on occupational safety and health, since it applies to all economic and service sectors and covers all employers and workers in the private and public sectors. The Committee requests the Government to continue providing information on consultations of employers’ and workers’ organizations concerned in giving effect to the provisions of the Convention.

Article 7(2). Collaboration between employers and workers for the practical application of the measures referred to in Article 4(1). The Committee notes the Government’s indication that section 1 of the SSOP Standard establishes that the objectives of, and compliance with, this standard shall be achieved through participation and communication between the port authorities, the workers and the APN. Section 4 establishes, inter alia, the principles of cooperation, consultation and participation. Section 10 recognizes the crucial nature of worker participation in the system for managing occupational safety and health. The Government also indicates that the draft updated SSOP Standard, which is being revised and evaluated by the Legal Advisory Unit of the APN, incorporates this requirement of the Convention. The Government adds that this requirement is fulfilled by Act No. 29783 on occupational safety and health, since it applies to all economic and service sectors and covers all employers and workers in the private and public sectors. The Committee requests the Government to continue providing information on collaboration between employers and workers or their representatives in the application of measures giving effect to the Convention.

Article 16(2). Transport of workers on land. The Committee notes the Government’s indication that Decision No. 011-2011-APN/DIR establishes a matrix for identifying and evaluating risks, and supervisory measures for activities in ports, including for the embarkation, transport and disembarkation of workers. The Government adds that this standard is in conformity with Decision No. 010-2007-APN/DIR. The Committee notes, however, that these two standards do not contain provisions regulating the transport of workers to or from a place of work on land. The Committee requests the Government to provide information on the effect given to this provision of the Convention.

Article 22. Lifting appliances. Frequency of tests. The Committee requested the Government to implement this Article of the Convention. The Committee recalled that this Article is very precise and provides that after any substantial alteration or repair the appliance shall be tested, lifting appliances forming part of a ship’s equipment shall be retested at least once in every five years and shore-based lifting appliances shall be retested at such times as prescribed by the competent authority. The Committee notes the Government’s indication that it will provide the requested information in the near future. Noting that this information has not been received, the Committee once again requests the Government to provide information on the effect given to this Article of the Convention.

Article 24. Inspection of loose gear. The Committee requested the Government to take the necessary measures to give legislative expression to Article 24 and to provide information on this point. The Committee notes the Government’s indication that the updated SSOP Standard would give effect to this Article of the Convention. The Committee requests the Government to indicate the provisions of the updated SSOP Standard that give effect to this Article of the Convention.

Article 25. Duly authenticated records which provide prima facie evidence of the safe condition of the lifting appliances and items of loose gear. Article 26. Mutual recognition of arrangements for the testing, thorough examination, inspection and certification of lifting appliances and items of loose gear forming part of a ship’s equipment and of the records relating thereto. The Committee notes the Government’s indication that the records relating to the safe condition of a ship’s equipment are in conformity with the rules established in the International Convention for the Safety of Life at Sea (1974), to which Peru is a party. The Government adds that the Maritime Authority verifies during inspections that national and foreign vessels have certificates of the correct category for their lifting and lowering appliances. The Committee requests the Government to indicate which regulatory and legislative domestic provisions give effect to these Articles of the Convention. The Committee also requests the Government to provide examples of the records and certificates of lifting appliances and items of loose gear and reports of the inspections conducted by the Maritime Authority.

Article 20. Holds and cargo decks. Article 21. Lifting appliances: design and use. Article 23. Lifting appliances: visual examination every 12 months. Article 27. Lifting appliances: loads. Article 28. Lifting appliances: ship rigging plans. Article 29. Pallets and similar devices for supporting loads. Article 30. Requirements for loads to be slung before being raised or lowered. Article 35. Facilities envisaged in case of accident. In its previous comment, the Committee requested the Government to take the necessary measures to ensure that the internal security regulations give expression to these Articles of the Convention and to provide information on this point. The Committee notes the Government’s indication that the draft updated SSOP Standard gives effect to these Articles of the Convention, but it is still being revised and evaluated by the Legal Advisory Unit of the APN. The Government also indicates that the requirements under Article 35 of the Convention are fulfilled by the Guidelines for the Preparation of Internal Dock Safety Regulations, Appendix 1 to Annex 1 of Decision No. 010-2007-APN/DIR. In light of the above, the Committee requests the Government to: (i) indicate the provisions of the revised SSOP Standard that give effect to these Articles of the Convention; and (ii) take the necessary measures to ensure that the internal dock safety regulations give effect to Articles 20, 21, 23, 27, 28, 29, 30 and 35 of the Convention, and to provide information on this point.