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Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) - Mauritius (Ratification: 1969)

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Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 9 of the Convention. Measures taken to ensure the safe functioning of hoisting machines and all fixed gear accessory thereto. In its previous comments, the Committee had requested the Government to report on the adoption of regulations covering ship investigations and inspections under the Merchant Shipping Act, 2007, to give effect to this Article of the Convention. It also previously noted the Government’s indication that the regulations on inspection and certification in merchant shipping were being finalized and would be submitted to the State Law Office. However, in its most recent report, the Government indicates that since 2019 the Maritime Division of the Ministry of Blue Economy, Marine Resources, Fisheries and Shipping, entrusts, through the signing of Memoranda of Agreements, the responsibility for the inspection and certification of lifting appliances and gear on board, to recognized Classification Societies, as authorized by the Merchant Shipping (Classification Society) Regulations 2017. It also specifies that the survey and certification of shore gears are regulated under the Occupational Safety and Health Act, 2005. The Committee requests the Government to provide further information on the inspections and certifications of the hoisting machines, or gear, on board carried out by the Classification Societies, by providing samples of signed Memoranda of Agreements and available records of inspections that took place. Similarly, it requests the Government to provide any available data on inspection carried out for hoisting machines, or gear, used on shore. Additionally, the Committee requests the Government to specify whether it still intends to adopt specific regulations on inspection and certification in merchant shipping to ensure that hoisting machines or gear on shore and on board for the loading and unloading operations are used in a safe working condition.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government relating to inspections carried out between June 2017 and May 2022. The Committee requests the Government to continue to provide information on the application of the Convention, in particularinformation on the number of workers covered by the relevant legislation, the number and nature of the infringements recorded by the inspection services, and the number, nature and cause of accidents reported.

Prospects for the ratification of the most up-to-date Convention. The Committee notes the Government’s indication that a gap analysis was carried out by the Ministry of Labour, Human Resources Development and Training in 2019 and that the technical input of the Office was requested in this regard. The Committee requests the Government to provide information on any developments in this regard.

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

Article 9 of the Convention. Measures taken to ensure the safe functioning of hoisting machines and all fixed gear accessory thereto. In its previous comments, the Committee asked the Government to report on progress made regarding the adoption of regulations covering ship investigations and inspections under the Merchant Shipping Act 2007 in order to give effect to this Article of the Convention. The Committee notes the Government’s indication that the regulations on inspection and certification in merchant shipping are being finalized and will be submitted to the State Law Office shortly. The Committee trusts that the regulations on inspection and certification in merchant shipping will be adopted in the very near future in order to ensure that all hoisting machines or gear used on shore or on board ship in loading and unloading operations are in a safe working condition. The Committee requests the Government to send a copy of the above-mentioned regulations once they have been adopted.

Part V of the report form. Application in practice. The Committee notes the inspection reports of the Health and Safety Officer of the Cargo Handling Corporation for the June 2012–May 2017 period. The Committee also notes the information provided by the Government on inspections made by the Occupational Safety and Health Division at the Ministry of Labour, Industrial Relations, Employment and Training. The Committee requests the Government to continue providing any information on the manner in which the Convention is applied in practice, including information on the number and nature of infringements recorded by the inspection services, and the number, nature and cause of accidents reported.

Prospects for ratification of the most up-to-date Convention. The Committee encourages the Government to examine the decision adopted by the Governing Body at its 328th Session (October–November 2016) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider the possibility of ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which is the most up-to-date instrument in this field. The Committee reminds the Government of the availability of ILO technical assistance in this regard.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Legislation. The Committee notes with interest the adoption of the Occupational Safety and Health Act 2005 with effect from 1 September 2007, and which replaced the Occupational, Safety, Health and Welfare Act, 1988, and which gives further effect to the Convention. The Committee invites the Government to continue to provide information on any relevant legislative measures undertaken concerning the application of the Convention.

Article 9 of the Convention. Measures taken to ensure the safe functioning of hoisting machines and all fixed gear accessory thereto. The Committee notes the information provided by the Government in the report that The Merchant Shipping Act 2007, which replaced the Merchant Shipping Act 1986 with effect from 1 June 2009, does not cover the provisions of this Article. The Committee notes that steps are being taken by the Ministry of Public Infrastructure, National Development Unit, Land Transport and Shipping to prepare and come up with appropriate regulations under the Merchant Shipping Act 2007 to cover surveys and inspections of ships. The Committee asks the Government to inform the Office and to provide copies of the legislation once it has been adopted.

Part V of the report form. Application in practice. The Committee notes that in its reply to the Committee’s previous comments on the outcome of the 15 inspections of workplaces involved in dock work, carried out between 1 June 2001 and 31 May 2007, the Government indicates that the Health and Safety Officer of the Cargo Handling Corporation carried out daily inspections of incoming vessels, wharves and quays, and that cranes or lifting machines/blocks, air compressors, receivers, loaders, grabs and forklifts are regularly being inspected by a Registered Machinery Inspector. The Committee also notes that six inspections at workplaces involved in dock work during the period of 1 June 2007 to 31 May 2012 were carried out by the Occupational Safety and Health Inspectorate of the Ministry of Labour, Industrial Relations and Employment. The Committee requests the Government to provide information on the outcome of these inspections, the violations noted and penalties imposed as regards issues covered by the Convention and continue to provide information on the practical application of the Convention.

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

1. The Committee notes the information contained in the Government’s report. It notes with interest the adoption of the Ports (Operations and Safety) Regulations 2005 (G.N. No. 52 of 2005) which gives further effect to the Convention. The Committee would be grateful if the Government would continue to keep the Office informed of any new developments in this respect.

2. Part V of the report form. Application in practice. With reference to information provided by the Government in its report that 15 inspections of workplaces involved in dock work was carried out between 1 June 2001 and 31 May 2007, the Committee requests the Government to provide information on the outcome of these inspections, the violations noted and penalties imposed as regards issues covered by the Convention.

3. 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.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided by the Government in its report and the comments made by the Mauritius Employers’ Federation (MEF). The Committee notes that the MEF states that Mauritius has been fast developing during the last two decades and that this development has been accompanied by investment in the island’s infrastructure including port and harbour facilities and processes. It further indicates that the improvements brought about to the work performed on shore or on board ships regarding loading and unloading have greatly helped to enhance the protection against accidents in this sector of activity.

Further to its previous comments, the Committee notes from the Government’s report that the Maritime Occupational Safety Regulations have not been adopted yet. The Government further indicates that the Mauritius Port Authority is presently engaged in the revision of legislation regulating port safety. The Committee would be grateful if the Government would keep the Office informed of any developments in this regard and to provide a copy of any texts adopted.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes from the Government's report that a draft document - the Maritime Occupational Safety Regulations - had been submitted by the Director of Shipping of the Ministry of Trade and Shipping to the State Law Office for legal clearance before enactment. The Committee would be grateful if the Government would supply a copy of this text when it is adopted.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee takes note of the information provided by the Government in its last report. The Committee notes with satisfaction that Regulation 11 of the Docks Regulations 1937, whose complete text dated 1991 has been supplied by the Government with its report, prescribes the use of safe means of access to a ship which is alongside any other ship, vessel or boat, for persons employed having to pass from one to the other (Article 3 of the Convention).

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

1. Further to its previous comments the Committee notes with interest that sections 9, 43 and 45 of the Occupational Safety, Health and Welfare Act, 1988, gives effect to provisions of Article 3, paragraph 2 (means of access to a ship, lying alongside a quay or some other vessel, provided for the use of workers), Article 5, paragraph 5 (ladders to be used by the workers in the hold of a vessel), Article 17, paragraph 3 (posting of copies of Regulations), of the Convention.

2. Article 3, paragraphs 3 and 4. Regulation 10 of the Dock Regulations, 1937 mentioned by the Government in its report, foresees the use of a ship accommodation ladder or a gangway or a similar construction of a ship lying at a wharf or quay, whereas under indicated provisions of the Convention their use shall also be prescribed in case of a ship lying alongside some other vessel.

For many years, since 1966, the Government has been expressing the intention of amending the Dock Regulations, 1937, in order to give full effect to the Convention. In its reports of 1985 and 1987, the Government described certain stages of the process of amending the Dock Regulations. Now, in its last report, it does not refer to this draft. The Committee draws once again the Government's attention to the need to introduce amendments to the above-mentioned provisions and requests it to indicate in its next report any progress made in this respect.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

For many years, the Government has been expressing the intention of amending the Dock Regulations of 1937 in order to give full effect to the Convention. The Committee notes, from the Government's reply to its previous observation, that no progress has yet been achieved in this connection. It is therefore bound to draw attention once again to the fact that no measures exist to apply Article 3, paragraphs 2 to 4 (safety of means of access to vessels), Article 5, paragraph 5 (provision of ladders in holds), and Article 17, paragraph 3 (posting of copies of Regulations), of the Convention. The Committee once again expresses the hope that the process of amending the Dock Regulations will be completed in the very near future and it trusts that the Government will indicate the progress achieved in this respect in its next report.