National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
The Committee notes with interest the creation of the tripartite advisory council on policies relating to labour inspection and social security, which is responsible, most notably, for promoting legislative development in respect of the prevention of occupational hazards and for coordinating the activities of bodies or institutions involved in the improvement of working conditions and the working environment. The Committee, however, draws the Government’s attention to the following points.
Article 4, paragraph 3(h), of the Convention. Dangerous cargo and ballast. In reference to its previous comments, the Committee notes with regret that no measures have been adopted to prevent occupational accidents in the handling of dangerous cargo and ballast. The Committee therefore requests the Government, once again, to take the necessary measures to bring legislation and practice into line with the provisions of this Article.
Article 6. Inspection. In its comments made in 2001, the Committee asked the Government to take the necessary measures to ensure the proper application of the provisions of the Convention. In its report, the Government expresses its willingness to allocate additional resources to the labour inspection and social security services, both of which are considered strategic services. The Committee requests the Government to indicate, in its next report, any progress made in this respect.
The Committee notes the information supplied by the Government in its report. In particular, it notes with interest in regard to Article 7 of the Convention that under section 17 of Act No. 16.387 of 27 June 1993, as superseded by Act No. 16.736 of 5 January 1996, the minimum safe crew for each merchant vessel shall be determined by the competent authority. The operative crew shall be established by the shipowner with the agreement of the vessel’s master.
Further to its previous comments regarding Article 4, paragraph 3(h), of the Convention, the Committee notes that the Government will take into account the Committee’s comments indicating that adequate measures should be taken for the prevention of occupational accidents in the handling of dangerous cargo and ballast, as laid down in this provision of the Convention. The Committee recalls that, pursuant to paragraph 1 of this Article, provisions concerning the prevention of occupational accidents shall be laid down by laws or regulations, codes of practice or other appropriate means. Finally, the Committee again expresses the hope that the Government will adopt such measures as the Committee has been requesting since 1989.
Furthermore, the Committee notes that inspection programmes have not been carried out within the scope of the Convention and, finally, compliance with the provisions of the Convention in practice have not been ensured. The Committee recalls that in accordance with Article 6 the necessary measures shall be taken to ensure the proper application of the provisions of the Convention. The Committee therefore hopes that the Government will adopt appropriate measures to comply with the obligation set out in this Article of the Convention.
The Committee also hopes that, further to the adoption of these measures and the inspections carried out, the Government will be in a position to communicate information on the practical application of this Convention, for example by supplying 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, and the number of occupational accidents reported, etc., as required in Part V of the report form.
The Committee notes with interest Decree No. 83/996 of 7 March 1996 which provides for the establishment of the National Occupational Health and Safety Council responsible for preparing and proposing plans, programmes and national campaigns for occupational safety and health and the improvement of working conditions and for other activities for the prevention of occupational accidents with the participation of Employers' and Workers' representatives (Article 8 of the Convention).
Article 4, paragraph 3(h). The Committee notes that no special measures have been adopted to give effect to this provision of the Convention. It trusts that the Government will be in a position to indicate in a future report that prescriptions have been laid down which provide a sound basis for the prevention of occupational accidents in the handling of dangerous cargo and ballast, and asks the Government to report on any progress made in this respect.
The Committee notes the Government's report.
Article 4, paragraph 3(h), of the Convention. The Committee notes the text of the "Trojas" Regulations, dated 8 June 1931, and of Decree No. 2740, dated 23 December 1943, Decree No. 3769, dated 28 September 1944, and Decree No. 1049, dated 26 December 1974, which were attached to the Government's report and it notes that the above texts do not contain measures to give effect to the above provision of the Convention.
The Committee draws the attention of the Government to its obligation, in accordance with this provision of the Convention, to lay down provisions concerning the prevention of occupational accidents which are peculiar to maritime employment in laws or regulations, codes of practice or other appropriate means on matters including dangerous cargo and ballast. It requests the Government to indicate the measures which have been adopted or are envisaged to ensure the application of this provision of the Convention.
Article 8. The Committee notes that, according to the information supplied by the Government in its report, the draft Decree to establish the creation of joint occupational safety and health committees in all enterprises, including ships flying the national flag which are not ships of war, has not been adopted. It once again hopes that this Decree will be adopted in the near future, and requests the Government to supply the text of the above Decree once it has been adopted.
The Committee notes the information provided by the Government in reply to its previous direct request concerning the application of Articles 3 and 6, paragraph 4, of the Convention. The Committee asks the Government to supply additional information on the following points:
Article 4, paragraph 3(h), of the Convention. What measures (legislation, codes of practice or other) have been taken to apply this provision of the Convention, given that Maritime Instruction No. 18 contains no provisions in this regard?
Article 8. The Committee notes with interest that the executive authority is studying a draft Decree which would establish the creation of joint safety and occupational health committees in all relevant enterprises, including ships flying the national flag which are not ships of war. The Committee hopes that this Decree will be approved in the near future.
Referring to its previous comments, the Committee notes with satisfaction that Maritime Instruction No. 18 of 28 December 1984 contains provisions relating to accident prevention on board ship which, in accordance with Article 4, paragraph 3(a), (f) and (g), of the Convention, cover the following areas: general and basic provisions; fire prevention and fire-fighting; and anchors, chains and lines. This Instruction gives effect also to Article 6, paragraph 4, of the Convention, covering provision of information to seafarers.