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1. The Committee notes the Government’s reports, according to which, with a view to ensuring the application in practice of Articles 4, 5, 7 and 8 of the Convention and bringing its legal provisions into conformity with the principles of the ILO, the Government has suggested that the National Insurance Institute might seek the technical assistance of the ILO Subregional Office with a view to finding a solution which is in accordance with the comments made by the Committee.
The Committee hopes that, with the technical assistance of the ILO, the Government will adopt the necessary provisions in the near future concerning the prevention of accidents for seafarers (Article 4), the appointment of persons or of technical committees (Article 7) and on programmes for the prevention of occupational accidents (Article 8). With regard to this latter Article, the Committee notes with interest that, in the context of the strategy initiated by the National Insurance Institute, the first workshop on preventive management and occupational health in fishing was held in September 2003.
2. Article 2 of the Convention and Part V of the report form. The Committee notes the information provided by the National Insurance Institute concerning 16 cases of fatal accidents to seafarers (including four relating to the water transport service and coastal transport) which occurred in the second half of 2003.
It also notes the information on the incidence of accidents and their causes in 2002, which refers to a number of factors causing the accidents reported (musculoskeletal problems of a physiological nature related to the need for too much effort, the workload and stacking, as well as deficiencies related to negligence). It notes that the National Insurance Institute only publishes occupational risk statistics for seafarers related to the incidence of accidents, while maintaining for its internal purposes the data provided by employers, and that the Government does not have available statistics on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken. The Committee therefore hopes that, in accordance with Article 2, paragraph 1, of the Convention, the Government will take the necessary measures to compile and analyse the information requested and hopes that it will provide this information in due course.
3. Article 5. The Committee notes that despite the absence of provisions (such as checklists of recommendations or other specific measures) concerning the prevention of accidents, the Government has adopted and implemented measures for training and accident prevention through the Department of Business Management and Occupational Health, in coordination with the authorities of the Port Chief of the Ministry of Public Works and Transport, with the participation of chambers representing fishermen on both coasts of the country. The Committee requests the Government to provide detailed information in this respect and to describe the extent to which effect is given to paragraph 1 of this Article of the Convention, which provides that the obligation shall be clearly laid out to comply with the respective provisions for the prevention of accidents.
Further to the comments it has been making for several years, the Committee notes the information that the regulations on occupational safety and health of seafarers that the Government had referred to in its report in 1998 have not been adopted. The Government indicates however that the provisions of the national legal system of occupational safety and health cover all workers in river and maritime fishing, in maritime, coastal and river transport. The Committee recalls again that it has been expressing the hope that the Government would enact occupational safety and health regulations envisaged by section 283 of the Labour Code, for all seafarers who are employed in any capacity on board a ship, other than a ship of war, and ordinarily engaged in maritime navigation, as provided for under Article 1, paragraph 1, of the Convention. Consequently, the Committee trusts the Government will not fail to adopt shortly the necessary provisions concerning the prevention of occupational accidents for seafarers (Articles 4 and 5 of the Convention), the appointment of suitable persons or the establishment of joint committees (Article 7) and the prevention of occupational accidents programmes (Article 8).
Article 2 and Part V of the report form. Further to its previous comments, the Committee notes the statistical information provided by the Government. The Committee would like to point out that under Article 2 of the Convention, statistics are required to be recorded on the number, causes and effects of occupational accidents, with a clear indication of the department on board ship (for instance, deck, engine or catering) and the area (for instance, at sea or in port) where the accident occurred. The Committee hopes the Government will provide such statistics, including information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken.
[The Government is asked to report in detail in 2003.]
In comments which the Committee has been making for several years, the Committee has pointed out that national legislation contains no special provisions on accident prevention for seafarers within the meaning of the Convention. The Committee recalls that it has periodically expressed the hope that the Government would enact occupational health regulations, envisaged under section 283 of the Labour Code, for all seafarers who are employed in any capacity on board a ship, other than a ship of war, and ordinarily engaged in maritime navigation, as provided for under Article 1, paragraph 1, of the Convention. The Committee is therefore bound once again to recall that in 1988 the Government reported to the Office that the regulations in question were being drafted.
Consequently, the Committee urges the Government to adopt shortly the necessary provisions concerning the prevention of occupational accidents for seafarers (Articles 4 and 5 of the Convention), the appointment of suitable persons or the establishment of joint committees (Article 7) and the prevention of occupational accidents programmes (Article 8).
The Committee also notes the Government's statement with regard to the absence of a register in which data and reports issued by the inspection services on seafarers are recorded. Nevertheless, the Committee hopes that the Government will take the necessary steps to collect information on the number of workers covered by the legislation and the number of occupational accidents reported, as required under Part V of the report form.
1. With reference to earlier comments in which it pointed out that the national legislation contains no special provisions on accident prevention for seafarers within the meaning of the Convention, the Committee notes that in its report the Government indicates that the Occupational Health Board - a body of the Ministry of Labour and Social Security - having completed the necessary formalities, an expert on health in the port sector has now begun work in Costa Rica on a plan for accident prevention in fishing vessels. The Committee recalls that the Convention applies to all persons who are employed in any capacity on board a ship, other than a ship of war, registered in a territory and ordinarily engaged in maritime navigation (Article 1 of the Convention).
The Committee hopes that the Government will do its utmost to adopt legislative, regulatory or other provisions in the very near future on the prevention of occupational accidents for seafarers, within the meaning of the Convention, and that they will give effect to paragraphs 2 and 3 of Article 4 of the Convention in respect of all seafarers. The provisions might take the form of occupational health regulations for the prevention and control of occupational risks, as was foreseen in section 283 of the Labour Code as amended by Act No. 6727 of 9 March 1982.
2. In comments it has been making for several years, the Committee has drawn the Government's attention to the need to adopt adequate measures to give effect to the following provisions of the Convention:
Article 7. (Appointment of suitable persons for the establishment of joint committees - as provided for in Decree No. 18379-TSS - to be responsible, under the Master, for accident prevention.)
Article 8. (Plans and programmes of the National Occupational Health Council in so far as they relate to the questions covered by the Convention.)
Since the Government's last report contained no information in this connection, the Committee once again expresses the hope that the Government will shortly be in a position to indicate the measures adopted to ensure the application of these provisions of the Convention, and asks it to report on any progress made in the matter.
The Committee notes the Government's statement that it will keep it informed of the measures adopted to give effect to the Convention. The Committee hopes that the Government will make every effort to adopt the necessary measures in the near future and that it will take into account the comments made previously.
1. In the comments that it has been making for a number of years, the Committee has pointed out that the national legislation contains no special provisions on accident prevention for seafarers within the meaning of the provisions of the Convention. The Committee has noted several times that section 283 of the Labour Code, as amended by Act No. 6727 of 9 March 1982, provides that detailed regulations on occupational health must be issued within one year at the most, and it expressed the hope that such regulations, or any other appropriate provisions on accident prevention for seafarers, would be adopted and would cover the points set out in Article 4, paragraphs 2 and 3, of the Convention, and that the text would apply to all seafarers, including those engaged on fishing vessels, in accordance with Article 1, paragraph 1.
In its report received in 1988, the Government stated that the regulations in question were in the process of being drafted and would be sent to the ILO as soon as they had been enacted. Since then, the Government has merely referred to its previous reports and the information contained therein. The Committee is bound to express the hope once again that the necessary provisions will be adopted and will be transmitted to the Office in the very near future.
2. In its previous comments, the Committee drew the Government's attention to the need to adopt appropriate measures to give effect to the following provisions of the Convention.
Article 2 (compilation of statistics on occupational accidents among seafarers and investigation into the causes and circumstances of such accidents).
Article 3 (inquiries and research into occupational accidents among seafarers).
Article 6, paragraph 3 (training of labour inspectors responsible for inspecting ships with regard to living conditions on board and the hazards involved).
Article 7 (setting up of the joint health committees provided for by Decree No. 18379-TSS).
Article 8 (plans and programmes of the National Occupational Health Council in so far as they relate to the questions covered by the Convention).
In its report for 1988, the Government referred to the difficulties created by the total restructuring of the computer system of the National Insurance Institute and the reorganization of the National Occupational Health Council, and asked for more time so that the necessary measures to ensure the application of these provisions of the Convention could be adopted. Since then, it has sent no fresh information on the matter. The Committee hopes that the Government has made good use of the intervening years and that in the very near future it will report on the measures which have been taken to give effect to the Convention.
1. In the comments it has been making for a number of years, the Committee has pointed out that the national legislation contains no special provisions on accident prevention for seafarers within the meaning of the provisions of the Convention. The Committee has noted several times that section 283 of the Labour Code, as amended by Act 6727 of 9 March 1982, provides that detailed regulations on occupational health must be promulgated within one year at the most, and expressed the hope that such regulations, or any other appropriate instrument on accident prevention for seafarers, would be adopted and would cover the points set out in Article 4, paragraphs 2 and 3, of the Convention, and that the text would apply to all seafarers, including those engaged on fishing vessels, in accordance with Article 1, paragraph 1.
In its report received in 1988, the Government stated that the regulations in question were in the process of being drafted and would be sent to the ILO as soon as they had been promulgated. Since then, the Government has merely referred to its previous reports and the information contained in them. The Committee is bound to express the hope once again that the necessary provisions will be adopted and will be sent to the Office in the very near future.
2. In its previous comments the Committee drew the Government's attention to the need for appropriate measures to give effect to the following provisions of the Convention.
Article 2 (Compilation of statistics on occupational accidents among seafarers and investigation into the causes and circumstances of such accidents).
Article 3 (Inquiries and research into occupational accidents among seafarers).
Article 6, paragraph 3 (Training of labour inspectors responsible for inspecting ships with regard to living conditions on board and the hazards involved).
Article 7 (Setting up of the joint health committees provided for by Decree No. 18379-TSS).
Article 8 (Plans and programmes of the National Occupational Health Council in so far as they relate to the questions covered by the Convention).
In its report for 1988, the Government referred to the difficulties created by the total restructuring of the computer system of the National Insurance Institute and the reorganization of the National Occupational Health Council, and asked for time so that the necessary measures to ensure the application of these provisions of the Convention could be adopted. Since then, it has sent no fresh information on the matter; the Committee hopes that the Government has made good use of the intervening years and that in the very near future it will report on the measures that have been taken to give effect to the Convention.
The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
$The Committee noted the information provided by the Government in response to its previous direct request.
1. The Committee noted that the regulations foreseen under article 283 of the Labour Code were in course of preparation. It hopes that these regulations will contain specific provisions on accident prevention for seafarers which will give effect to Article 4, paragraphs 2 and 3, of the Convention and that these will apply to all seafarers, including those working on board fishing vessels, in accordance with Article 1, paragraph 1, of the Convention. It hopes that the Government will be able to supply the text with its next report.
2. The Government stated that, given certain reorganization measures currently in hand, mainly in the field of information systems, and the setting up of bodies such as the National Council of Occupational Health, it would be some time yet before the measures needed to ensure full application of the Convention could be adopted. The Committee hopes that the next report will contain information on the progress made in the application of the following provisions of the Convention:
Article 2 (compilation of statistics on occupational accidents to seafarers and reports of inquiries into the causes and circumstances of such accidents).
Article 3 (reports of studies and research on occupational accidents of seafarers).
Article 6, paragraph 3 (training of labour inspectors visiting ships in regard to conditions of life on board and the hazards involved).
Article 8 (plans and programmes of the National Occupational Health Council in so far as they relate to questions covered by the Convention).
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee noted the information provided by the Government in response to its previous direct request.
2. The Government stated that, given certain reorganisation measures currently in hand, mainly in the field of information systems, and the still recent setting up of bodies such as the National Council of Occupational Health, it would be some time yet before the measures needed to ensure full application of the Convention could be adopted. The Committee hopes that the next report will contain information on the progress made in the application of the following provisions of the Convention:
The Committee notes the information provided by the Government in response to its previous direct request.
1. The Committee notes that the regulations foreseen under article 283 of the Labour Code are still in course of preparation. It hopes that these regulations will contain specific provisions on accident prevention for seafarers which will give effect to Article 4, paragraphs 2 and 3, of the Convention and that these will apply to all seafarers, including those working on board fishing vessels, in accordance with Article 1, paragraph 1, of the Convention. It hopes that the Government will be able to supply the text with its next report.
2. The Government states that, given certain reorganisation measures currently in hand, mainly in the field of information systems, and the still recent setting up of bodies such as the National Council of Occupational Health, it will be some time yet before the measures needed to ensure full application of the Convention can be adopted. The Committee hopes that the next report will contain information on the progress made in the application of the following provisions of the Convention: