Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the information provided by the Government according to which a national advisory technical committee on occupational safety and health has been set up pursuant to Decree No. 2000-29 of 17 March 2000 which gives effect to Article 7 of the Convention. It also notes, however, that the information requested concerning Articles 2, 4, 5, 6 and 11–36 are to be provided by the Government subsequently. As regards the further information the Committee has requested the Government to provide, the Committee notes that the Government has either not replied to questions raised by the Committee in its previous comments or it has provided information that is applicable to enterprises in general. The Government appears to imply that dockworkers should be treated in the same manner as other workers and ports be treated like any other enterprise. With reference to Articles 4–7, the Committee wishes to recall that the Government is required to take measures to give effect to the specific provisions in the Convention. The Committee must therefore once again repeat its previous observation which read as follows.

The Committee draws the Government’s attention to the absence of specific health and safety provisions for dock work. The Committee noted previously that a draft Order on safety and health in dock work had been prepared by the technical departments of the Ministry of Labour and Social Security. In its report for the period ending 30 June 1993, the Government repeated this information and added that the draft had been submitted for adoption. The Committee hopes that the provisions of this text will ensure the application of the following provisions of the Convention: Article 4 (objectives and areas to be covered by measures to be established by national laws and regulations, in accordance with Part III of the Convention); Article 5 (responsibility of employers, owners, masters or other persons as appropriate, for compliance with safety and health measures; duty of employers to collaborate whenever two or more of them undertake activities simultaneously at one workplace); Article 7 (consultation of and collaboration between employers and workers). It asks the Government to provide a copy of the above Order as soon as it has been adopted.

In its previous reports, the Government referred to Orders No. 9033/MTERFPPS/DGT/DSSHT on the organization and functioning of the socio-medical centres of enterprises in the People’s Republic of the Congo and No. 9034/MTERFPPS/DGT/DSSHT laying down the procedures for the establishment of socio-medical centres which are common to several enterprises in the People’s Republic of the Congo. Since these texts have not been received, the Committee would be grateful if the Government would provide a copy of them.

Article 6. The Committee notes from the Government’s report for the period ending 30 June 1993 that briefings are to be organized to inform workers about safety provisions in the place of work at which heads of establishment can alert them about the dangers arising from the use of machinery and the precautions to be taken. The Committee asks the Government to provide a copy of the provisions concerning the organization of these briefings and the measures taken to give effect to paragraph 1(c) of this Article.

Article 8. The Committee notes the Government’s statement in its report for the period ending 30 June 1993 that all safety measures are provided for in Chapter II of Order No. 9036 of 10 December 1986. The Committee notes that the above part of the Order provides for general protective measures whereas the Convention requires the adoption of measures specific to dock work. It asks the Government to indicate which provisions require the adoption of effective measures (fencing, flagging or other suitable means including, when necessary, cessation of work) to ensure that when the workplace has become unsafe, workers are protected until it has been made safe again.

Article 14. The Committee notes from the Government’s report for the period ending 30 June 1993 that the application of this Article is ensured by labour inspectors by means of inspections in enterprises. The Committee asks the Government to indicate which provisions ensure that electrical equipment and installations are so constructed, installed, operated and maintained as to prevent danger, and which standards for electrical equipment and installations have been recognized by the competent authorities.

Article 17. The Committee notes that section 41 of Order No. 9036, cited by the Government in its report for the period ending 30 June 1993 as giving effect to this Article of the Convention, includes specific measures only for the use of lifting gear in particular weather conditions (wind). The Committee asks the Government to indicate the measures taken to ensure that the means of access to a ship’s hold or cargo deck are in conformity with the provisions of this Article.

Article 21. The Committee notes the provisions of sections 47–49 of Order No. 9036 which the Government cites in its report for the period ending 30 June 1993 as giving effect to this Article of the Convention. It notes that the above sections provide for protective measures for some machinery or parts of machines which can be dangerous. It asks the Government to indicate the measures taken or envisaged to ensure that all lifting appliances, every item of loose gear and every sling or lifting device forming an integral part of a load comply with the provisions of the Convention.

Articles 22, 23, 24 and 25. Further to its previous comments, the Committee notes that, in its report for the period ending 30 June 1993, the Government refers to the certification of machinery, including lifting appliances, which is conducted by technical inspectors and advisory bodies, as a general measure to ensure that lifting appliances are sound and in proper working order. However, these Articles of the Convention provide for a set of measures to ensure that appliances and loose gear can be used by workers without any danger or risk: testing of all lifting appliances and loose gear (every five years in ships); thorough examination (at least once every 12 months); regular inspection before use. The Committee asks the Government to indicate the provisions requiring the above measures to be taken in respect of all lifting appliances – on shore and on board – and of all loose gear.

Article 30. The Committee notes that section 43 of Order No. 9036 referred to by the Government, does not relate to the attaching of loads to lifting appliances. It asks the Government to indicate which provisions relate to this matter.

Article 34. The Committee asks the Government to provide a copy of the instructions concerning the wearing of personal protective equipment referred to by the Government in its report for the period ending 30 June 1993.

Article 35. Further to its previous comments, the Committee notes that section 147 of the Labour Code regulates the evacuation of injured persons who are able to be moved and who are not able to be treated by the facilities made available by the employer. It notes that the Government also refers in its reports to Orders Nos 9033 and 9034 mentioned in paragraph 2 above. The Committee asks the Government to indicate the measures taken either under the above texts, or otherwise, to ensure that adequate facilities, including trained personnel, are available for the provision of first aid.

Article 37(1). The Committee recalls that, under this provision of the Convention, committees which include employers’ and workers’ representatives must be formed at every port where there is a significant number of workers. Recalling the Government’s statement that the health and safety committees provided for by the law have not been formed, the Committee asks the Government to indicate the measures taken to ensure the establishment of such committees in ports with a significant number of workers.

Article 38(1). The Government indicates in its report that, in the absence of health and safety committees, instruction and training are entrusted to a specialist in the matter within the enterprise. The Committee asks the Government to provide information on the activities of these specialists.

Article 39. The Committee notes that section 61 of Act No. 004/86 of 25 February 1986 establishing the Social Security Code gives effect in part to this Article of the Convention. It asks the Government to indicate the provisions which ensure that this Article is applied to occupational diseases.

Article 41(1)(a). Further to its previous comments, the Committee notes that the Government refers to Order No. 9036 of 10 December 1986 as being the text which lays down general obligations for the persons and bodies concerned with dock work (ports being treated as any industrial enterprise) and that no specific measures have been taken in respect of dock work. The Committee asks the Government to indicate the measures taken or envisaged to set out the specific obligations taken for the persons and bodies concerned with dock work.

In the absence of any information on the application of the above provisions, the Committee asks the Government to indicate the specific measures which give effect to the following provisions of the Convention:

–      Article 9(1) and (2). Safety measures with regard to lighting and marking of dangerous obstacles.

–      Article 10(1) and (2). Maintenance of surfaces for traffic or stacking of goods and safe manner of stacking goods.

–      Article 11(1) and (2). Width of passageways and separate passageways for pedestrians.

–      Article 16(1) and (2). Safe transport to or from a ship or other place by water, safe embarking and disembarking, and safe transport to or from a workplace on land.

–      Article 18(1)–(5). Regulations concerning hatch covers.

–      Article 19(1) and (2). Protection around openings and decks, closing of hatchways when not in use.

–      Article 20(1)–(4). Safety measures when power vehicles operate in the hold; hatch covers secured against displacement; ventilation regulations; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded.

–      Article 26(1)–(3). Members’ mutual recognition of arrangements for testing and examination.

–      Article 27(1)–(3). Marking lifting appliances with safe working loads.

–      Article 28. Rigging plans.

–      Article 29. Strength and construction of pallets for supporting loads.

–      Article 31(1) and (2). Operation and layout of freight container terminals and organization of work in such terminals.

–      Article 38(2). Minimum age limit for workers operating lifting appliances.

Hoping that the Government will make every effort to take the necessary measures in the very near future, the Committee invites the Government to solicit technical assistance of the ILO to resolve any problems related to the application of this Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the information provided by the Government according to which a national advisory technical committee on occupational safety and health has been set up pursuant to Decree No. 2000-29 of 17 March 2000 which gives effect to Article 7 of the Convention. It also notes, however, that the information requested concerning Articles 2, 4, 5, 6 and 11–36 are to be provided by the Government subsequently. As regards the further information the Committee has requested the Government to provide, the Committee notes with regret that the Government has either not replied to questions raised by the Committee in its previous comments or it has provided information that is applicable to enterprises in general. The Government appears to imply that dockworkers should be treated in the same manner as other workers and ports be treated like any other enterprise. With reference to Articles 4–7, the Committee wishes to recall that the Government is required to take measures to give effect to the specific provisions in the Convention. The Committee must therefore once again repeat its previous observation which read as follows.

The Committee draws the Government’s attention to the absence of specific health and safety provisions for dock work. The Committee noted previously that a draft Order on safety and health in dock work had been prepared by the technical departments of the Ministry of Labour and Social Security. In its report for the period ending 30 June 1993, the Government repeated this information and added that the draft had been submitted for adoption. The Committee hopes that the provisions of this text will ensure the application of the following provisions of the Convention: Article 4 (objectives and areas to be covered by measures to be established by national laws and regulations, in accordance with Part III of the Convention); Article 5 (responsibility of employers, owners, masters or other persons as appropriate, for compliance with safety and health measures; duty of employers to collaborate whenever two or more of them undertake activities simultaneously at one workplace); Article 7 (consultation of and collaboration between employers and workers). It asks the Government to provide a copy of the above Order as soon as it has been adopted.

In its previous reports, the Government referred to Orders No. 9033/MTERFPPS/DGT/DSSHT on the organization and functioning of the socio-medical centres of enterprises in the People’s Republic of the Congo and No. 9034/MTERFPPS/DGT/DSSHT laying down the procedures for the establishment of socio-medical centres which are common to several enterprises in the People’s Republic of the Congo. Since these texts have not been received, the Committee would be grateful if the Government would provide a copy of them.

Article 6. The Committee notes from the Government’s report for the period ending 30 June 1993 that briefings are to be organized to inform workers about safety provisions in the place of work at which heads of establishment can alert them about the dangers arising from the use of machinery and the precautions to be taken. The Committee asks the Government to provide a copy of the provisions concerning the organization of these briefings and the measures taken to give effect to paragraph 1(c) of this Article.

Article 8. The Committee notes the Government’s statement in its report for the period ending 30 June 1993 that all safety measures are provided for in Chapter II of Order No. 9036 of 10 December 1986. The Committee notes that the above part of the Order provides for general protective measures whereas the Convention requires the adoption of measures specific to dock work. It asks the Government to indicate which provisions require the adoption of effective measures (fencing, flagging or other suitable means including, when necessary, cessation of work) to ensure that when the workplace has become unsafe, workers are protected until it has been made safe again.

Article 14. The Committee notes from the Government’s report for the period ending 30 June 1993 that the application of this Article is ensured by labour inspectors by means of inspections in enterprises. The Committee asks the Government to indicate which provisions ensure that electrical equipment and installations are so constructed, installed, operated and maintained as to prevent danger, and which standards for electrical equipment and installations have been recognized by the competent authorities.

Article 17. The Committee notes that section 41 of Order No. 9036, cited by the Government in its report for the period ending 30 June 1993 as giving effect to this Article of the Convention, includes specific measures only for the use of lifting gear in particular weather conditions (wind). The Committee asks the Government to indicate the measures taken to ensure that the means of access to a ship’s hold or cargo deck are in conformity with the provisions of this Article.

Article 21. The Committee notes the provisions of sections 47–49 of Order No. 9036 which the Government cites in its report for the period ending 30 June 1993 as giving effect to this Article of the Convention. It notes that the above sections provide for protective measures for some machinery or parts of machines which can be dangerous. It asks the Government to indicate the measures taken or envisaged to ensure that all lifting appliances, every item of loose gear and every sling or lifting device forming an integral part of a load comply with the provisions of the Convention.

Articles 22, 23, 24 and 25. Further to its previous comments, the Committee notes that, in its report for the period ending 30 June 1993, the Government refers to the certification of machinery, including lifting appliances, which is conducted by technical inspectors and advisory bodies, as a general measure to ensure that lifting appliances are sound and in proper working order. However, these Articles of the Convention provide for a set of measures to ensure that appliances and loose gear can be used by workers without any danger or risk: testing of all lifting appliances and loose gear (every five years in ships); thorough examination (at least once every 12 months); regular inspection before use. The Committee asks the Government to indicate the provisions requiring the above measures to be taken in respect of all lifting appliances – on shore and on board – and of all loose gear.

Article 30. The Committee notes that section 43 of Order No. 9036 referred to by the Government, does not relate to the attaching of loads to lifting appliances. It asks the Government to indicate which provisions relate to this matter.

Article 34. The Committee asks the Government to provide a copy of the instructions concerning the wearing of personal protective equipment referred to by the Government in its report for the period ending 30 June 1993.

Article 35. Further to its previous comments, the Committee notes that section 147 of the Labour Code regulates the evacuation of injured persons who are able to be moved and who are not able to be treated by the facilities made available by the employer. It notes that the Government also refers in its reports to Orders Nos 9033 and 9034 mentioned in paragraph 2 above. The Committee asks the Government to indicate the measures taken either under the above texts, or otherwise, to ensure that adequate facilities, including trained personnel, are available for the provision of first aid.

Article 37, paragraph 1. The Committee recalls that, under this provision of the Convention, committees which include employers’ and workers’ representatives must be formed at every port where there is a significant number of workers. Recalling the Government’s statement that the health and safety committees provided for by the law have not been formed, the Committee asks the Government to indicate the measures taken to ensure the establishment of such committees in ports with a significant number of workers.

Article 38, paragraph 1. The Government indicates in its report that, in the absence of health and safety committees, instruction and training are entrusted to a specialist in the matter within the enterprise. The Committee asks the Government to provide information on the activities of these specialists.

Article 39. The Committee notes that section 61 of Act No. 004/86 of 25 February 1986 establishing the Social Security Code gives effect in part to this Article of the Convention. It asks the Government to indicate the provisions which ensure that this Article is applied to occupational diseases.

Article 41, paragraph 1(a). Further to its previous comments, the Committee notes that the Government refers to Order No. 9036 of 10 December 1986 as being the text which lays down general obligations for the persons and bodies concerned with dock work (ports being treated as any industrial enterprise) and that no specific measures have been taken in respect of dock work. The Committee asks the Government to indicate the measures taken or envisaged to set out the specific obligations taken for the persons and bodies concerned with dock work.

In the absence of any information on the application of the above provisions, the Committee asks the Government to indicate the specific measures which give effect to the following provisions of the Convention.

–      Article 9, paragraphs 1 and 2. Safety measures with regard to lighting and marking of dangerous obstacles.

–      Article 10, paragraphs 1 and 2. Maintenance of surfaces for traffic or stacking of goods and safe manner of stacking goods.

–      Article 11, paragraphs 1 and 2. Width of passageways and separate passageways for pedestrians.

–      Article 16, paragraphs 1 and 2. Safe transport to or from a ship or other place by water, safe embarking and disembarking, and safe transport to or from a workplace on land.

–      Article 18, paragraphs 1, 2, 3, 4 and 5. Regulations concerning hatch covers.

–      Article 19, paragraphs 1 and 2. Protection around openings and decks, closing of hatchways when not in use.

–      Article 20, paragraphs 1, 2, 3 and 4. Safety measures when power vehicles operate in the hold; hatch covers secured against displacement; ventilation regulations; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded.

–      Article 26, paragraphs 1, 2 and 3. Members’ mutual recognition of arrangements for testing and examination.

–      Article 27, paragraphs 1, 2 and 3. Marking lifting appliances with safe working loads.

–      Article 28. Rigging plans.

–      Article 29. Strength and construction of pallets for supporting loads.

–      Article 31, paragraphs 1 and 2. Operation and layout of freight container terminals and organization of work in such terminals.

–      Article 38, paragraph 2. Minimum age limit for workers operating lifting appliances.

Hoping that the Government will make every effort to take the necessary measures in the very near future, the Committee invites the Government to solicit technical assistance of the ILO to resolve any problems related to the application of this Convention.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information provided by the Government according to which a national advisory technical committee on occupational safety and health has been set up pursuant to Decree No. 2000-29 of 17 March 2000 which gives effect to Article 7 of the Convention. It also notes, however, that the information requested concerning Articles 2, 4, 5, 6 and 11–36 are to be provided by the Government subsequently. As regards the further information the Committee has requested the Government to provide, the Committee notes with regret that the Government has either not replied to questions raised by the Committee in its previous comments or it has provided information that is applicable to enterprises in general. The Government appears to imply that dockworkers should be treated in the same manner as other workers and ports be treated like any other enterprise. With reference to Articles 4–7, the Committee wishes to recall that the Government is required to take measures to give effect to the specific provisions in the Convention. The Committee must therefore once again repeat its previous observation which read as follows:

The Committee draws the Government’s attention to the absence of specific health and safety provisions for dock work. The Committee noted previously that a draft Order on safety and health in dock work had been prepared by the technical departments of the Ministry of Labour and Social Security. In its report for the period ending 30 June 1993, the Government repeated this information and added that the draft had been submitted for adoption. The Committee hopes that the provisions of this text will ensure the application of the following provisions of the Convention: Article 4 (objectives and areas to be covered by measures to be established by national laws and regulations, in accordance with Part III of the Convention); Article 5 (responsibility of employers, owners, masters or other persons as appropriate, for compliance with safety and health measures; duty of employers to collaborate whenever two or more of them undertake activities simultaneously at one workplace); Article 7 (consultation of and collaboration between employers and workers). It asks the Government to provide a copy of the above Order as soon as it has been adopted.

In its previous reports, the Government referred to Orders No. 9033/MTERFPPS/DGT/DSSHT on the organization and functioning of the socio-medical centres of enterprises in the People’s Republic of the Congo and No. 9034/MTERFPPS/DGT/DSSHT laying down the procedures for the establishment of socio-medical centres which are common to several enterprises in the People’s Republic of the Congo. Since these texts have not been received, the Committee would be grateful if the Government would provide a copy of them.

The Committee asks the Government to provide additional information on the following points.

Article 6 of the Convention. The Committee notes from the Government’s report for the period ending 30 June 1993 that briefings are to be organized to inform workers about safety provisions in the place of work at which heads of establishment can alert them about the dangers arising from the use of machinery and the precautions to be taken. The Committee asks the Government to provide a copy of the provisions concerning the organization of these briefings and the measures taken to give effect to paragraph 1(c) of this Article.

Article 8. The Committee notes the Government’s statement in its report for the period ending 30 June 1993 that all safety measures are provided for in Chapter II of Order No. 9036 of 10 December 1986. The Committee notes that the above part of the Order provides for general protective measures whereas the Convention requires the adoption of measures specific to dock work. It asks the Government to indicate which provisions require the adoption of effective measures (fencing, flagging or other suitable means including, when necessary, cessation of work) to ensure that when the workplace has become unsafe, workers are protected until it has been made safe again.

Article 14. The Committee notes from the Government’s report for the period ending 30 June 1993 that the application of this Article is ensured by labour inspectors by means of inspections in enterprises. The Committee asks the Government to indicate which provisions ensure that electrical equipment and installations are so constructed, installed, operated and maintained as to prevent danger, and which standards for electrical equipment and installations have been recognized by the competent authorities.

Article 17. The Committee notes that section 41 of Order No. 9036, cited by the Government in its report for the period ending 30 June 1993 as giving effect to this Article of the Convention, includes specific measures only for the use of lifting gear in particular weather conditions (wind). The Committee asks the Government to indicate the measures taken to ensure that the means of access to a ship’s hold or cargo deck are in conformity with the provisions of this Article.

Article 21. The Committee notes the provisions of sections 47 to 49 of Order No. 9036 which the Government cites in its report for the period ending 30 June 1993 as giving effect to this Article of the Convention. It notes that the above sections provide for protective measures for some machinery or parts of machines which can be dangerous. It asks the Government to indicate the measures taken or envisaged to ensure that all lifting appliances, every item of loose gear and every sling or lifting device forming an integral part of a load comply with the provisions of the Convention.

Articles 22, 23, 24 and 25. Further to its previous comments, the Committee notes that, in its report for the period ending 30 June 1993, the Government refers to the certification of machinery, including lifting appliances, which is conducted by technical inspectors and advisory bodies, as a general measure to ensure that lifting appliances are sound and in proper working order. However, these Articles of the Convention provide for a set of measures to ensure that appliances and loose gear can be used by workers without any danger or risk: testing of all lifting appliances and loose gear (every five years in ships); thorough examination (at least once every 12 months); regular inspection before use. The Committee asks the Government to indicate the provisions requiring the above measures to be taken in respect of all lifting appliances – on shore and on board – and of all loose gear.

Article 30. The Committee notes that section 43 of Order No. 9036 referred to by the Government, does not relate to the attaching of loads to lifting appliances. It asks the Government to indicate which provisions relate to this matter.

Article 34. The Committee asks the Government to provide a copy of the instructions concerning the wearing of personal protective equipment referred to by the Government in its report for the period ending 30 June 1993.

Article 35. Further to its previous comments, the Committee notes that section 147 of the Labour Code regulates the evacuation of injured persons who are able to be moved and who are not able to be treated by the facilities made available by the employer. It notes that the Government also refers in its reports to Orders Nos 9033 and 9034 mentioned in paragraph 2 above. The Committee asks the Government to indicate the measures taken either under the above texts, or otherwise, to ensure that adequate facilities, including trained personnel, are available for the provision of first aid.

Article 37, paragraph 1. The Committee recalls that, under this provision of the Convention, committees which include employers’ and workers’ representatives must be formed at every port where there is a significant number of workers. Recalling the Government’s statement that the health and safety committees provided for by the law have not been formed, the Committee asks the Government to indicate the measures taken to ensure the establishment of such committees in ports with a significant number of workers.

Article 38, paragraph 1. The Government indicates in its report that, in the absence of health and safety committees, instruction and training are entrusted to a specialist in the matter within the enterprise. The Committee asks the Government to provide information on the activities of these specialists.

Article 39. The Committee notes that section 61 of Act No. 004/86 of 25 February 1986 establishing the Social Security Code gives effect in part to this Article of the Convention. It asks the Government to indicate the provisions which ensure that this Article is applied to occupational diseases.

Article 41, paragraph 1(a). Further to its previous comments, the Committee notes that the Government refers to Order No. 9036 of 10 December 1986 as being the text which lays down general obligations for the persons and bodies concerned with dock work (ports being treated as any industrial enterprise) and that no specific measures have been taken in respect of dock work. The Committee asks the Government to indicate the measures taken or envisaged to set out the specific obligations taken for the persons and bodies concerned with dock work.

In the absence of any information on the application of the above provisions, the Committee asks the Government to indicate the specific measures which give effect to the following provisions of the Convention.

Article 9, paragraphs 1 and 2. Safety measures with regard to lighting and marking of dangerous obstacles.

Article 10, paragraphs 1 and 2. Maintenance of surfaces for traffic or stacking of goods and safe manner of stacking goods.

Article 11, paragraphs 1 and 2. Width of passageways and separate passageways for pedestrians.

Article 16, paragraphs 1 and 2. Safe transport to or from a ship or other place by water, safe embarking and disembarking, and safe transport to or from a workplace on land.

Article 18, paragraphs 1, 2, 3, 4 and 5. Regulations concerning hatch covers.

Article 19, paragraphs 1 and 2. Protection around openings and decks, closing of hatchways when not in use.

Article 20, paragraphs 1, 2, 3 and 4. Safety measures when power vehicles operate in the hold; hatch covers secured against displacement; ventilation regulations; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded.

Article 26, paragraphs 1, 2 and 3. Members’ mutual recognition of arrangements for testing and examination.

Article 27, paragraphs 1, 2 and 3. Marking lifting appliances with safe working loads.

Article 28. Rigging plans.

Article 29. Strength and construction of pallets for supporting loads.

Article 31, paragraphs 1 and 2. Operation and layout of freight container terminals and organization of work in such terminals.

Article 38, paragraph 2. Minimum age limit for workers operating lifting appliances.

Hoping that the Government will make every effort to take the necessary measures in the very near future, the Committee invites the Government to solicit the technical assistance of the ILO to resolve any problems related to the application of this Convention.

[The Government is asked to report in detail to the present comments in 2009.]

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

1. The Committee notes with regret that the Government’s report has not been received. Taking this occasion to bring to the Government’s attention a newly adopted ILO code of practice in this area, Safety and health in ports (Geneva, 2005), available, inter alia, through the ILO’s web site by following this link, http://www.ilo.org/public/english/protection/safework/cops/english/index.htm, the Committee 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:

1. Further to its previous comments, the Committee draws the Government’s attention to the absence of specific health and safety provisions for dock work. The Committee noted previously that a draft Order on safety and health in dock work had been prepared by the technical departments of the Ministry of Labour and Social Security. In its report for the period ending 30 June 1993, the Government repeated this information and added that the draft had been submitted for adoption. The Committee hopes that the provisions of this text will ensure the application of the following provisions of the Convention: Article 4 (objectives and areas to be covered by measures to be established by national laws and regulations, in accordance with Part III of the Convention); Article 5 (responsibility of employers, owners, masters or other persons as appropriate, for compliance with safety and health measures; duty of employers to collaborate whenever two or more of them undertake activities simultaneously at one workplace); Article 7 (consultation of and collaboration between employers and workers). It asks the Government to provide a copy of the above Order as soon as it has been adopted.

2. In its previous reports, the Government referred to Orders No. 9033/MTERFPPS/DGT/DSSHT on the organization and functioning of the socio-medical centres of enterprises in the People’s Republic of the Congo and No. 9034/MTERFPPS/DGT/DSSHT laying down the procedures for the establishment of socio-medical centres which are common to several enterprises in the People’s Republic of the Congo. Since these texts have not been received, the Committee would be grateful if the Government would provide a copy of them.

3. The Committee asks the Government to provide additional information on the following points.

Article 6 of the Convention. The Committee notes from the Government’s report for the period ending 30 June 1993 that briefings are to be organized to inform workers about safety provisions in the place of work at which heads of establishment can alert them about the dangers arising from the use of machinery and the precautions to be taken. The Committee asks the Government to provide a copy of the provisions concerning the organization of these briefings and the measures taken to give effect to paragraph 1(c) of this Article.

Article 8. The Committee notes the Government’s statement in its report for the period ending 30 June 1993 that all safety measures are provided for in Chapter II of Order No. 9036 of 10 December 1986. The Committee notes that the above part of the Order provides for general protective measures whereas the Convention requires the adoption of measures specific to dock work. It asks the Government to indicate which provisions require the adoption of effective measures (fencing, flagging or other suitable means including, when necessary, cessation of work) to ensure that when the workplace has become unsafe, workers are protected until it has been made safe again.

Article 14. The Committee notes from the Government’s report for the period ending 30 June 1993 that the application of this Article is ensured by labour inspectors by means of inspections in enterprises. The Committee asks the Government to indicate which provisions ensure that electrical equipment and installations are so constructed, installed, operated and maintained as to prevent danger, and which standards for electrical equipment and installations have been recognized by the competent authorities.

Article 17. The Committee notes that section 41 of Order No. 9036, cited by the Government in its report for the period ending 30 June 1993 as giving effect to this Article of the Convention, includes specific measures only for the use of lifting gear in particular weather conditions (wind). The Committee asks the Government to indicate the measures taken to ensure that the means of access to a ship’s hold or cargo deck are in conformity with the provisions of this Article.

Article 21. The Committee notes the provisions of sections 47 to 49 of Order No. 9036 which the Government cites in its report for the period ending 30 June 1993 as giving effect to this Article of the Convention. It notes that the above sections provide for protective measures for some machinery or parts of machines which can be dangerous. It asks the Government to indicate the measures taken or envisaged to ensure that all lifting appliances, every item of loose gear and every sling or lifting device forming an integral part of a load comply with the provisions of the Convention.

Articles 22, 23, 24 and 25. Further to its previous comments, the Committee notes that, in its report for the period ending 30 June 1993, the Government refers to the certification of machinery, including lifting appliances, which is conducted by technical inspectors and advisory bodies, as a general measure to ensure that lifting appliances are sound and in proper working order. However, these Articles of the Convention provide for a set of measures to ensure that appliances and loose gear can be used by workers without any danger or risk: testing of all lifting appliances and loose gear (every five years in ships); thorough examination (at least once every 12 months); regular inspection before use. The Committee asks the Government to indicate the provisions requiring the above measures to be taken in respect of all lifting appliances – on shore and on board – and of all loose gear.

Article 30. The Committee notes that section 43 of Order No. 9036 referred to by the Government, does not relate to the attaching of loads to lifting appliances. It asks the Government to indicate which provisions relate to this matter.

Article 34. The Committee asks the Government to provide a copy of the instructions concerning the wearing of personal protective equipment referred to by the Government in its report for the period ending 30 June 1993.

Article 35. Further to its previous comments, the Committee notes that section 147 of the Labour Code regulates the evacuation of injured persons who are able to be moved and who are not able to be treated by the facilities made available by the employer. It notes that the Government also refers in its reports to Orders Nos 9033 and 9034 mentioned in paragraph 2 above. The Committee asks the Government to indicate the measures taken either under the above texts, or otherwise, to ensure that adequate facilities, including trained personnel, are available for the provision of first aid.

Article 37, paragraph 1. The Committee recalls that, under this provision of the Convention, committees which include employers’ and workers’ representatives must be formed at every port where there is a significant number of workers. Recalling the Government’s statement that the health and safety committees provided for by the law have not been formed, the Committee asks the Government to indicate the measures taken to ensure the establishment of such committees in ports with a significant number of workers.

Article 38, paragraph 1. The Government indicates in its report that, in the absence of health and safety committees, instruction and training are entrusted to a specialist in the matter within the enterprise. The Committee asks the Government to provide information on the activities of these specialists.

Article 39. The Committee notes that section 61 of Act No. 004/86 of 25 February 1986 establishing the Social Security Code gives effect in part to this Article of the Convention. It asks the Government to indicate the provisions which ensure that this Article is applied to occupational diseases.

Article 41, paragraph 1(a). Further to its previous comments, the Committee notes that the Government refers to Order No. 9036 of 10 December 1986 as being the text which lays down general obligations for the persons and bodies concerned with dock work (ports being treated as any industrial enterprise) and that no specific measures have been taken in respect of dock work. The Committee asks the Government to indicate the measures taken or envisaged to set out the specific obligations taken for the persons and bodies concerned with dock work.

4. In the absence of any information on the application of the above provisions, the Committee asks the Government to indicate the specific measures which give effect to the following provisions of the Convention.

Article 9, paragraphs 1 and 2. Safety measures with regard to lighting and marking of dangerous obstacles.

Article 10, paragraphs 1 and 2. Maintenance of surfaces for traffic or stacking of goods and safe manner of stacking goods.

Article 11, paragraphs 1 and 2. Width of passageways and separate passageways for pedestrians.

Article 16, paragraphs 1 and 2. Safe transport to or from a ship or other place by water, safe embarking and disembarking, and safe transport to or from a workplace on land.

Article 18, paragraphs 1, 2, 3, 4 and 5. Regulations concerning hatch covers.

Article 19, paragraphs 1 and 2. Protection around openings and decks, closing of hatchways when not in use.

Article 20, paragraphs 1, 2, 3 and 4. Safety measures when power vehicles operate in the hold; hatch covers secured against displacement; ventilation regulations; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded.

Article 26, paragraphs 1, 2 and 3. Members’ mutual recognition of arrangements for testing and examination.

Article 27, paragraphs 1, 2 and 3. Marking lifting appliances with safe working loads.

Article 28. Rigging plans.

Article 29. Strength and construction of pallets for supporting loads.

Article 31, paragraphs 1 and 2. Operation and layout of freight container terminals and organization of work in such terminals.

Article 38, paragraph 2. Minimum age limit for workers operating lifting appliances.

2. Hoping that the Government will make every effort to take the necessary measures in the very near future, the Committee invites the Government to solicit the technical assistance of the ILO to resolve any problems related to the application of this Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be provided 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 notes the information supplied by the Government in the reports received in 1994 and 1996, particularly concerning the application of Article 12 (suitable and adequate means for fighting fire), Article 13, paragraphs 1 to 3 (effective guarding of all dangerous parts of machinery, possibility of cutting off the power to machinery in an emergency, protective measures during cleaning, maintenance or repair work), Article 15 (adequate and safe means of access to the ship during loading or unloading), Article 33 (protection against excessive noise) and Article 39 (notification of occupational accidents) of the Convention.

1. Further to its previous comments, the Committee draws the Government’s attention to the absence of specific health and safety provisions for dock work. The Committee noted previously that a draft Order on safety and health in dock work had been prepared by the technical departments of the Ministry of Labour and Social Security. In its report for the period ending 30 June 1993, the Government repeated this information and added that the draft had been submitted for adoption. The Committee hopes that the provisions of this text will ensure the application of the following provisions of the Convention: Article 4 (objectives and areas to be covered by measures to be established by national laws and regulations, in accordance with Part III of the Convention); Article 5 (responsibility of employers, owners, masters or other persons as appropriate, for compliance with safety and health measures; duty of employers to collaborate whenever two or more of them undertake activities simultaneously at one workplace); Article 7 (consultation of and collaboration between employers and workers). It asks the Government to provide a copy of the above Order as soon as it has been adopted.

2. In its previous reports, the Government referred to Orders No. 9033/MTERFPPS/DGT/DSSHT on the organization and functioning of the socio-medical centres of enterprises in the People’s Republic of the Congo and No. 9034/MTERFPPS/DGT/DSSHT laying down the procedures for the establishment of socio-medical centres which are common to several enterprises in the People’s Republic of the Congo. Since these texts have not been received, the Committee would be grateful if the Government would provide a copy of them.

3. The Committee asks the Government to provide additional information on the following points.

Article 6. The Committee notes from the Government’s report for the period ending 30 June 1993 that briefings are to be organized to inform workers about safety provisions in the place of work at which heads of establishment can alert them about the dangers arising from the use of machinery and the precautions to be taken. The Committee asks the Government to provide a copy of the provisions concerning the organization of these briefings and the measures taken to give effect to paragraph 1(c) of this Article.

Article 8. The Committee notes the Government’s statement in its report for the period ending 30 June 1993 that all safety measures are provided for in Chapter II of Order No. 9036 of 10 December 1986. The Committee notes that the above part of the Order provides for general protective measures whereas the Convention requires the adoption of measures specific to dock work. It asks the Government to indicate which provisions require the adoption of effective measures (fencing, flagging or other suitable means including, when necessary, cessation of work) to ensure that when the workplace has become unsafe, workers are protected until it has been made safe again.

Article 14. The Committee notes from the Government’s report for the period ending 30 June 1993 that the application of this Article is ensured by labour inspectors by means of inspections in enterprises. The Committee asks the Government to indicate which provisions ensure that electrical equipment and installations are so constructed, installed, operated and maintained as to prevent danger, and which standards for electrical equipment and installations have been recognized by the competent authorities.

Article 17. The Committee notes that section 41 of Order No. 9036, cited by the Government in its report for the period ending 30 June 1993 as giving effect to this Article of the Convention, includes specific measures only for the use of lifting gear in particular weather conditions (wind). The Committee asks the Government to indicate the measures taken to ensure that the means of access to a ship’s hold or cargo deck are in conformity with the provisions of this Article.

Article 21. The Committee notes the provisions of sections 47 to 49 of Order No. 9036 which the Government cites in its report for the period ending 30 June 1993 as giving effect to this Article of the Convention. It notes that the above sections provide for protective measures for some machinery or parts of machines which can be dangerous. It asks the Government to indicate the measures taken or envisaged to ensure that all lifting appliances, every item of loose gear and every sling or lifting device forming an integral part of a load comply with the provisions of the Convention.

Articles 22, 23, 24 and 25. Further to its previous comments, the Committee notes that, in its report for the period ending 30 June 1993, the Government refers to the certification of machinery, including lifting appliances, which is conducted by technical inspectors and advisory bodies, as a general measure to ensure that lifting appliances are sound and in proper working order. However, these Articles of the Convention provide for a set of measures to ensure that appliances and loose gear can be used by workers without any danger or risk: testing of all lifting appliances and loose gear (every five years in ships); thorough examination (at least once every 12 months); regular inspection before use. The Committee asks the Government to indicate the provisions requiring the above measures to be taken in respect of all lifting appliances – on shore and on board – and of all loose gear.

Article 30. The Committee notes that section 43 of Order No. 9036 referred to by the Government, does not relate to the attaching of loads to lifting appliances. It asks the Government to indicate which provisions relate to this matter.

Article 34. The Committee asks the Government to provide a copy of the instructions concerning the wearing of personal protective equipment referred to by the Government in its report for the period ending 30 June 1993.

Article 35. Further to its previous comments, the Committee notes that section 147 of the Labour Code regulates the evacuation of injured persons who are able to be moved and who are not able to be treated by the facilities made available by the employer. It notes that the Government also refers in its reports to Orders Nos. 9033 and 9034 mentioned in paragraph 2 above. The Committee asks the Government to indicate the measures taken either under the above texts, or otherwise, to ensure that adequate facilities, including trained personnel, are available for the provision of first aid.

Article 37, paragraph 1. The Committee recalls that, under this provision of the Convention, committees which include employers’ and workers’ representatives must be formed at every port where there is a significant number of workers. Recalling the Government’s statement that the health and safety committees provided for by the law have not been formed, the Committee asks the Government to indicate the measures taken to ensure the establishment of such committees in ports with a significant number of workers.

Article 38, paragraph 1. The Government indicates in its report that, in the absence of health and safety committees, instruction and training are entrusted to a specialist in the matter within the enterprise. The Committee asks the Government to provide information on the activities of these specialists.

Article 39. The Committee notes that section 61 of Act No. 004/86 of 25 February 1986 establishing the Social Security Code gives effect in part to this Article of the Convention. It asks the Government to indicate the provisions which ensure that this Article is applied to occupational diseases.

Article 41, paragraph 1(a). Further to its previous comments, the Committee notes that the Government refers to Order No. 9036 of 10 December 1986 as being the text which lays down general obligations for the persons and bodies concerned with dock work (ports being treated as any industrial enterprise) and that no specific measures have been taken in respect of dock work. The Committee asks the Government to indicate the measures taken or envisaged to set out the specific obligations taken for the persons and bodies concerned with dock work.

4. In the absence of any information on the application of the above provisions, the Committee asks the Government to indicate the specific measures which give effect to the following provisions of the Convention.

Article 9, paragraphs 1 and 2. Safety measures with regard to lighting and marking of dangerous obstacles.

Article 10, paragraphs 1 and 2. Maintenance of surfaces for traffic or stacking of goods and safe manner of stacking goods.

Article 11, paragraphs 1 and 2. Width of passageways and separate passageways for pedestrians.

Article 16, paragraphs 1 and 2. Safe transport to or from a ship or other place by water, safe embarking and disembarking, and safe transport to or from a workplace on land.

Article 18, paragraphs 1, 2, 3, 4 and 5. Regulations concerning hatch covers.

Article 19, paragraphs 1 and 2. Protection around openings and decks, closing of hatchways when not in use.

Article 20, paragraphs 1, 2, 3 and 4. Safety measures when power vehicles operate in the hold; hatch covers secured against displacement; ventilation regulations; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded.

Article 26, paragraphs 1, 2 and 3. Members’ mutual recognition of arrangements for testing and examination.

Article 27, paragraphs 1, 2 and 3. Marking lifting appliances with safe working loads.

Article 28. Rigging plans.

Article 29. Strength and construction of pallets for supporting loads.

Article 31, paragraphs 1 and 2. Operation and layout of freight container terminals and organization of work in such terminals.

Article 38, paragraph 2. Minimum age limit for workers operating lifting appliances.

5. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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 notes the information supplied by the Government in the reports received in 1994 and 1996, particularly concerning the application of Article 12 (suitable and adequate means for fighting fire), Article 13, paragraphs 1 to 3 (effective guarding of all dangerous parts of machinery, possibility of cutting off the power to machinery in an emergency, protective measures during cleaning, maintenance or repair work), Article 15 (adequate and safe means of access to the ship during loading or unloading), Article 33 (protection against excessive noise) and Article 39 (notification of occupational accidents) of the Convention.

1. Further to its previous comments, the Committee draws the Government’s attention to the absence of specific health and safety provisions for dock work. The Committee noted previously that a draft Order on safety and health in dock work had been prepared by the technical departments of the Ministry of Labour and Social Security. In its report for the period ending 30 June 1993, the Government repeated this information and added that the draft had been submitted for adoption. The Committee hopes that the provisions of this text will ensure the application of the following provisions of the Convention: Article 4 (objectives and areas to be covered by measures to be established by national laws and regulations, in accordance with Part III of the Convention); Article 5 (responsibility of employers, owners, masters or other persons as appropriate, for compliance with safety and health measures; duty of employers to collaborate whenever two or more of them undertake activities simultaneously at one workplace); Article 7 (consultation of and collaboration between employers and workers). It asks the Government to provide a copy of the above Order as soon as it has been adopted.

2. In its previous reports, the Government referred to Orders No. 9033/MTERFPPS/DGT/DSSHT on the organization and functioning of the socio-medical centres of enterprises in the People’s Republic of the Congo and No. 9034/MTERFPPS/DGT/DSSHT laying down the procedures for the establishment of socio-medical centres which are common to several enterprises in the People’s Republic of the Congo. Since these texts have not been received, the Committee would be grateful if the Government would provide a copy of them.

3. The Committee asks the Government to provide additional information on the following points.

Article 6. The Committee notes from the Government’s report for the period ending 30 June 1993 that briefings are to be organized to inform workers about safety provisions in the place of work at which heads of establishment can alert them about the dangers arising from the use of machinery and the precautions to be taken. The Committee asks the Government to provide a copy of the provisions concerning the organization of these briefings and the measures taken to give effect to paragraph 1(c) of this Article.

Article 8. The Committee notes the Government’s statement in its report for the period ending 30 June 1993 that all safety measures are provided for in Chapter II of Order No. 9036 of 10 December 1986. The Committee notes that the above part of the Order provides for general protective measures whereas the Convention requires the adoption of measures specific to dock work. It asks the Government to indicate which provisions require the adoption of effective measures (fencing, flagging or other suitable means including, when necessary, cessation of work) to ensure that when the workplace has become unsafe, workers are protected until it has been made safe again.

Article 14. The Committee notes from the Government’s report for the period ending 30 June 1993 that the application of this Article is ensured by labour inspectors by means of inspections in enterprises. The Committee asks the Government to indicate which provisions ensure that electrical equipment and installations are so constructed, installed, operated and maintained as to prevent danger, and which standards for electrical equipment and installations have been recognized by the competent authorities.

Article 17. The Committee notes that section 41 of Order No. 9036, cited by the Government in its report for the period ending 30 June 1993 as giving effect to this Article of the Convention, includes specific measures only for the use of lifting gear in particular weather conditions (wind). The Committee asks the Government to indicate the measures taken to ensure that the means of access to a ship’s hold or cargo deck are in conformity with the provisions of this Article.

Article 21. The Committee notes the provisions of sections 47 to 49 of Order No. 9036 which the Government cites in its report for the period ending 30 June 1993 as giving effect to this Article of the Convention. It notes that the above sections provide for protective measures for some machinery or parts of machines which can be dangerous. It asks the Government to indicate the measures taken or envisaged to ensure that all lifting appliances, every item of loose gear and every sling or lifting device forming an integral part of a load comply with the provisions of the Convention.

Articles 22, 23, 24 and 25. Further to its previous comments, the Committee notes that, in its report for the period ending 30 June 1993, the Government refers to the certification of machinery, including lifting appliances, which is conducted by technical inspectors and advisory bodies, as a general measure to ensure that lifting appliances are sound and in proper working order. However, these Articles of the Convention provide for a set of measures to ensure that appliances and loose gear can be used by workers without any danger or risk: testing of all lifting appliances and loose gear (every five years in ships); thorough examination (at least once every 12 months); regular inspection before use. The Committee asks the Government to indicate the provisions requiring the above measures to be taken in respect of all lifting appliances - on shore and on board - and of all loose gear.

Article 30. The Committee notes that section 43 of Order No. 9036 referred to by the Government, does not relate to the attaching of loads to lifting appliances. It asks the Government to indicate which provisions relate to this matter.

Article 34. The Committee asks the Government to provide a copy of the instructions concerning the wearing of personal protective equipment referred to by the Government in its report for the period ending 30 June 1993.

Article 35. Further to its previous comments, the Committee notes that section 147 of the Labour Code regulates the evacuation of injured persons who are able to be moved and who are not able to be treated by the facilities made available by the employer. It notes that the Government also refers in its reports to Orders Nos. 9033 and 9034 mentioned in paragraph 2 above. The Committee asks the Government to indicate the measures taken either under the above texts, or otherwise, to ensure that adequate facilities, including trained personnel, are available for the provision of first aid.

Article 37, paragraph 1. The Committee recalls that, under this provision of the Convention, committees which include employers’ and workers’ representatives must be formed at every port where there is a significant number of workers. Recalling the Government’s statement that the health and safety committees provided for by the law have not been formed, the Committee asks the Government to indicate the measures taken to ensure the establishment of such committees in ports with a significant number of workers.

Article 38, paragraph 1. The Government indicates in its report that, in the absence of health and safety committees, instruction and training are entrusted to a specialist in the matter within the enterprise. The Committee asks the Government to provide information on the activities of these specialists.

Article 39. The Committee notes that section 61 of Act No. 004/86 of 25 February 1986 establishing the Social Security Code gives effect in part to this Article of the Convention. It asks the Government to indicate the provisions which ensure that this Article is applied to occupational diseases.

Article 41, paragraph 1(a). Further to its previous comments, the Committee notes that the Government refers to Order No. 9036 of 10 December 1986 as being the text which lays down general obligations for the persons and bodies concerned with dock work (ports being treated as any industrial enterprise) and that no specific measures have been taken in respect of dock work. The Committee asks the Government to indicate the measures taken or envisaged to set out the specific obligations taken for the persons and bodies concerned with dock work.

4. In the absence of any information on the application of the above provisions, the Committee asks the Government to indicate the specific measures which give effect to the following provisions of the Convention.

Article 9, paragraphs 1 and 2. Safety measures with regard to lighting and marking of dangerous obstacles.

Article 10, paragraphs 1 and 2. Maintenance of surfaces for traffic or stacking of goods and safe manner of stacking goods.

Article 11, paragraphs 1 and 2. Width of passageways and separate passageways for pedestrians.

Article 16, paragraphs 1 and 2. Safe transport to or from a ship or other place by water, safe embarking and disembarking, and safe transport to or from a workplace on land.

Article 18, paragraphs 1, 2, 3, 4 and 5. Regulations concerning hatch covers.

Article 19, paragraphs 1 and 2. Protection around openings and decks, closing of hatchways when not in use.

Article 20, paragraphs 1, 2, 3 and 4. Safety measures when power vehicles operate in the hold; hatch covers secured against displacement; ventilation regulations; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded.

Article 26, paragraphs 1, 2 and 3. Members’ mutual recognition of arrangements for testing and examination.

Article 27, paragraphs 1, 2 and 3. Marking lifting appliances with safe working loads.

Article 28. Rigging plans.

Article 29. Strength and construction of pallets for supporting loads.

Article 31, paragraphs 1 and 2. Operation and layout of freight container terminals and organization of work in such terminals.

Article 38, paragraph 2. Minimum age limit for workers operating lifting appliances.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied by the Government in the reports received in 1994 and 1996, particularly concerning the application of Article 12 (suitable and adequate means for fighting fire), Article 13, paragraphs 1 to 3 (effective guarding of all dangerous parts of machinery, possibility of cutting off the power to machinery in an emergency, protective measures during cleaning, maintenance or repair work), Article 15 (adequate and safe means of access to the ship during loading or unloading), Article 33 (protection against excessive noise) and Article 39 (notification of occupational accidents) of the Convention.

1. Further to its previous comments, the Committee draws the Government’s attention to the absence of specific health and safety provisions for dock work. The Committee noted previously that a draft Order on safety and health in dock work had been prepared by the technical departments of the Ministry of Labour and Social Security. In its report for the period ending 30 June 1993, the Government repeated this information and added that the draft had been submitted for adoption. The Committee hopes that the provisions of this text will ensure the application of the following provisions of the Convention: Article 4 (objectives and areas to be covered by measures to be established by national laws and regulations, in accordance with Part III of the Convention); Article 5 (responsibility of employers, owners, masters or other persons as appropriate, for compliance with safety and health measures; duty of employers to collaborate whenever two or more of them undertake activities simultaneously at one workplace); Article 7 (consultation of and collaboration between employers and workers). It asks the Government to provide a copy of the above Order as soon as it has been adopted.

2. In its previous reports, the Government referred to Orders No. 9033/MTERFPPS/DGT/DSSHT on the organization and functioning of the socio-medical centres of enterprises in the People’s Republic of the Congo and No. 9034/MTERFPPS/DGT/DSSHT laying down the procedures for the establishment of socio-medical centres which are common to several enterprises in the People’s Republic of the Congo. Since these texts have not been received, the Committee would be grateful if the Government would provide a copy of them.

3. The Committee asks the Government to provide additional information on the following points.

Article 6. The Committee notes from the Government’s report for the period ending 30 June 1993 that briefings are to be organized to inform workers about safety provisions in the place of work at which heads of establishment can alert them about the dangers arising from the use of machinery and the precautions to be taken. The Committee asks the Government to provide a copy of the provisions concerning the organization of these briefings and the measures taken to give effect to paragraph 1(c) of this Article.

Article 8. The Committee notes the Government’s statement in its report for the period ending 30 June 1993 that all safety measures are provided for in Chapter II of Order No. 9036 of 10 December 1986. The Committee notes that the above part of the Order provides for general protective measures whereas the Convention requires the adoption of measures specific to dock work. It asks the Government to indicate which provisions require the adoption of effective measures (fencing, flagging or other suitable means including, when necessary, cessation of work) to ensure that when the workplace has become unsafe, workers are protected until it has been made safe again.

Article 14. The Committee notes from the Government’s report for the period ending 30 June 1993 that the application of this Article is ensured by labour inspectors by means of inspections in enterprises. The Committee asks the Government to indicate which provisions ensure that electrical equipment and installations are so constructed, installed, operated and maintained as to prevent danger, and which standards for electrical equipment and installations have been recognized by the competent authorities.

Article 17. The Committee notes that section 41 of Order No. 9036, cited by the Government in its report for the period ending 30 June 1993 as giving effect to this Article of the Convention, includes specific measures only for the use of lifting gear in particular weather conditions (wind). The Committee asks the Government to indicate the measures taken to ensure that the means of access to a ship’s hold or cargo deck are in conformity with the provisions of this Article.

Article 21. The Committee notes the provisions of sections 47 to 49 of Order No. 9036 which the Government cites in its report for the period ending 30 June 1993 as giving effect to this Article of the Convention. It notes that the above sections provide for protective measures for some machinery or parts of machines which can be dangerous. It asks the Government to indicate the measures taken or envisaged to ensure that all lifting appliances, every item of loose gear and every sling or lifting device forming an integral part of a load comply with the provisions of the Convention.

Articles 22, 23, 24 and 25. Further to its previous comments, the Committee notes that, in its report for the period ending 30 June 1993, the Government refers to the certification of machinery, including lifting appliances, which is conducted by technical inspectors and advisory bodies, as a general measure to ensure that lifting appliances are sound and in proper working order. However, these Articles of the Convention provide for a set of measures to ensure that appliances and loose gear can be used by workers without any danger or risk: testing of all lifting appliances and loose gear (every five years in ships); thorough examination (at least once every 12 months); regular inspection before use. The Committee asks the Government to indicate the provisions requiring the above measures to be taken in respect of all lifting appliances  - on shore and on board - and of all loose gear.

Article 30. The Committee notes that section 43 of Order No. 9036 referred to by the Government, does not relate to the attaching of loads to lifting appliances. It asks the Government to indicate which provisions relate to this matter.

Article 34. The Committee asks the Government to provide a copy of the instructions concerning the wearing of personal protective equipment referred to by the Government in its report for the period ending 30 June 1993.

Article 35. Further to its previous comments, the Committee notes that section 147 of the Labour Code regulates the evacuation of injured persons who are able to be moved and who are not able to be treated by the facilities made available by the employer. It notes that the Government also refers in its reports to Orders Nos. 9033 and 9034 mentioned in paragraph 2 above. The Committee asks the Government to indicate the measures taken either under the above texts, or otherwise, to ensure that adequate facilities, including trained personnel, are available for the provision of first aid.

Article 37, paragraph 1. The Committee recalls that, under this provision of the Convention, committees which include employers’ and workers’ representatives must be formed at every port where there is a significant number of workers. Recalling the Government’s statement that the health and safety committees provided for by the law have not been formed, the Committee asks the Government to indicate the measures taken to ensure the establishment of such committees in ports with a significant number of workers.

Article 38, paragraph 1. The Government indicates in its report that, in the absence of health and safety committees, instruction and training are entrusted to a specialist in the matter within the enterprise. The Committee asks the Government to provide information on the activities of these specialists.

Article 39. The Committee notes that section 61 of Act No. 004/86 of 25 February 1986 establishing the Social Security Code gives effect in part to this Article of the Convention. It asks the Government to indicate the provisions which ensure that this Article is applied to occupational diseases.

Article 41, paragraph 1(a). Further to its previous comments, the Committee notes that the Government refers to Order No. 9036 of 10 December 1986 as being the text which lays down general obligations for the persons and bodies concerned with dock work (ports being treated as any industrial enterprise) and that no specific measures have been taken in respect of dock work. The Committee asks the Government to indicate the measures taken or envisaged to set out the specific obligations taken for the persons and bodies concerned with dock work.

4. In the absence of any information on the application of the above provisions, the Committee asks the Government to indicate the specific measures which give effect to the following provisions of the Convention.

Article 9, paragraphs 1 and 2. Safety measures with regard to lighting and marking of dangerous obstacles.

Article 10, paragraphs 1 and 2. Maintenance of surfaces for traffic or stacking of goods and safe manner of stacking goods.

Article 11, paragraphs 1 and 2. Width of passageways and separate passageways for pedestrians.

Article 16, paragraphs 1 and 2. Safe transport to or from a ship or other place by water, safe embarking and disembarking, and safe transport to or from a workplace on land.

Article 18, paragraphs 1, 2, 3, 4 and 5. Regulations concerning hatch covers.

Article 19, paragraphs 1 and 2. Protection around openings and decks, closing of hatchways when not in use.

Article 20, paragraphs 1, 2, 3 and 4. Safety measures when power vehicles operate in the hold; hatch covers secured against displacement; ventilation regulations; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded.

Article 26, paragraphs 1, 2 and 3. Members’ mutual recognition of arrangements for testing and examination.

Article 27, paragraphs 1, 2 and 3. Marking lifting appliances with safe working loads.

Article 28. Rigging plans.

Article 29. Strength and construction of pallets for supporting loads.

Article 31, paragraphs 1 and 2. Operation and layout of freight container terminals and organization of work in such terminals.

Article 38, paragraph 2. Minimum age limit for workers operating lifting appliances.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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 notes the information supplied by the Government in the reports received in 1994 and 1996, particularly concerning the application of Article 12 (suitable and adequate means for fighting fire), Article 13, paragraphs 1 to 3 (effective guarding of all dangerous parts of machinery, possibility of cutting off the power to machinery in an emergency, protective measures during cleaning, maintenance or repair work), Article 15 (adequate and safe means of access to the ship during loading or unloading), Article 33 (protection against excessive noise) and Article 39 (notification of occupational accidents) of the Convention.

1. Further to its previous comments, the Committee draws the Government’s attention to the absence of specific health and safety provisions for dock work. The Committee noted previously that a draft Order on safety and health in dock work had been prepared by the technical departments of the Ministry of Labour and Social Security. In its report for the period ending 30 June 1993, the Government repeated this information and added that the draft had been submitted for adoption. The Committee hopes that the provisions of this text will ensure the application of the following provisions of the Convention: Article 4 (objectives and areas to be covered by measures to be established by national laws and regulations, in accordance with Part III of the Convention); Article 5 (responsibility of employers, owners, masters or other persons as appropriate, for compliance with safety and health measures; duty of employers to collaborate whenever two or more of them undertake activities simultaneously at one workplace); Article 7 (consultation of and collaboration between employers and workers). It asks the Government to provide a copy of the above Order as soon as it has been adopted.

2. In its previous reports, the Government referred to Orders No. 9033/MTERFPPS/DGT/DSSHT on the organization and functioning of the socio-medical centres of enterprises in the People’s Republic of the Congo and No. 9034/MTERFPPS/DGT/DSSHT laying down the procedures for the establishment of socio-medical centres which are common to several enterprises in the People’s Republic of the Congo. Since these texts have not been received, the Committee would be grateful if the Government would provide a copy of them.

3. The Committee asks the Government to provide additional information on the following points.

Article 6. The Committee notes from the Government’s report for the period ending 30 June 1993 that briefings are to be organized to inform workers about safety provisions in the place of work at which heads of establishment can alert them about the dangers arising from the use of machinery and the precautions to be taken. The Committee asks the Government to provide a copy of the provisions concerning the organization of these briefings and the measures taken to give effect to paragraph 1(c) of this Article.

Article 8. The Committee notes the Government’s statement in its report for the period ending 30 June 1993 that all safety measures are provided for in Chapter II of Order No. 9036 of 10 December 1986. The Committee notes that the above part of the Order provides for general protective measures whereas the Convention requires the adoption of measures specific to dock work. It asks the Government to indicate which provisions require the adoption of effective measures (fencing, flagging or other suitable means including, when necessary, cessation of work) to ensure that when the workplace has become unsafe, workers are protected until it has been made safe again.

Article 14. The Committee notes from the Government’s report for the period ending 30 June 1993 that the application of this Article is ensured by labour inspectors by means of inspections in enterprises. The Committee asks the Government to indicate which provisions ensure that electrical equipment and installations are so constructed, installed, operated and maintained as to prevent danger, and which standards for electrical equipment and installations have been recognized by the competent authorities.

Article 17. The Committee notes that section 41 of Order No. 9036, cited by the Government in its report for the period ending 30 June 1993 as giving effect to this Article of the Convention, includes specific measures only for the use of lifting gear in particular weather conditions (wind). The Committee asks the Government to indicate the measures taken to ensure that the means of access to a ship’s hold or cargo deck are in conformity with the provisions of this Article.

Article 21. The Committee notes the provisions of sections 47 to 49 of Order No. 9036 which the Government cites in its report for the period ending 30 June 1993 as giving effect to this Article of the Convention. It notes that the above sections provide for protective measures for some machinery or parts of machines which can be dangerous. It asks the Government to indicate the measures taken or envisaged to ensure that all lifting appliances, every item of loose gear and every sling or lifting device forming an integral part of a load comply with the provisions of the Convention.

Articles 22, 23, 24 and 25. Further to its previous comments, the Committee notes that, in its report for the period ending 30 June 1993, the Government refers to the certification of machinery, including lifting appliances, which is conducted by technical inspectors and advisory bodies, as a general measure to ensure that lifting appliances are sound and in proper working order. However, these Articles of the Convention provide for a set of measures to ensure that appliances and loose gear can be used by workers without any danger or risk: testing of all lifting appliances and loose gear (every five years in ships); thorough examination (at least once every 12 months); regular inspection before use. The Committee asks the Government to indicate the provisions requiring the above measures to be taken in respect of all lifting appliances  - on shore and on board - and of all loose gear.

Article 30. The Committee notes that section 43 of Order No. 9036 referred to by the Government, does not relate to the attaching of loads to lifting appliances. It asks the Government to indicate which provisions relate to this matter.

Article 34. The Committee asks the Government to provide a copy of the instructions concerning the wearing of personal protective equipment referred to by the Government in its report for the period ending 30 June 1993.

Article 35. Further to its previous comments, the Committee notes that section 147 of the Labour Code regulates the evacuation of injured persons who are able to be moved and who are not able to be treated by the facilities made available by the employer. It notes that the Government also refers in its reports to Orders Nos. 9033 and 9034 mentioned in paragraph 2 above. The Committee asks the Government to indicate the measures taken either under the above texts, or otherwise, to ensure that adequate facilities, including trained personnel, are available for the provision of first aid.

Article 37, paragraph 1. The Committee recalls that, under this provision of the Convention, committees which include employers’ and workers’ representatives must be formed at every port where there is a significant number of workers. Recalling the Government’s statement that the health and safety committees provided for by the law have not been formed, the Committee asks the Government to indicate the measures taken to ensure the establishment of such committees in ports with a significant number of workers.

Article 38, paragraph 1. The Government indicates in its report that, in the absence of health and safety committees, instruction and training are entrusted to a specialist in the matter within the enterprise. The Committee asks the Government to provide information on the activities of these specialists.

Article 39. The Committee notes that section 61 of Act No. 004/86 of 25  February 1986 establishing the Social Security Code gives effect in part to this Article of the Convention. It asks the Government to indicate the provisions which ensure that this Article is applied to occupational diseases.

Article 41, paragraph 1(a). Further to its previous comments, the Committee notes that the Government refers to Order No. 9036 of 10 December 1986 as being the text which lays down general obligations for the persons and bodies concerned with dock work (ports being treated as any industrial enterprise) and that no specific measures have been taken in respect of dock work. The Committee asks the Government to indicate the measures taken or envisaged to set out the specific obligations taken for the persons and bodies concerned with dock work.

4. In the absence of any information on the application of the above provisions, the Committee asks the Government to indicate the specific measures which give effect to the following provisions of the Convention.

Article 9, paragraphs 1 and 2. Safety measures with regard to lighting and marking of dangerous obstacles.

Article 10, paragraphs 1 and 2. Maintenance of surfaces for traffic or stacking of goods and safe manner of stacking goods.

Article 11, paragraphs 1 and 2. Width of passageways and separate passageways for pedestrians.

Article 16, paragraphs 1 and 2. Safe transport to or from a ship or other place by water, safe embarking and disembarking, and safe transport to or from a workplace on land.

Article 18, paragraphs 1, 2, 3, 4 and 5. Regulations concerning hatch covers.

Article 19, paragraphs 1 and 2. Protection around openings and decks, closing of hatchways when not in use.

Article 20, paragraphs 1, 2, 3 and 4. Safety measures when power vehicles operate in the hold; hatch covers secured against displacement; ventilation regulations; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded.

Article 26, paragraphs 1, 2 and 3. Members’ mutual recognition of arrangements for testing and examination.

Article 27, paragraphs 1, 2 and 3. Marking lifting appliances with safe working loads.

Article 28. Rigging plans.

Article 29. Strength and construction of pallets for supporting loads.

Article 31, paragraphs 1 and 2. Operation and layout of freight container terminals and organization of work in such terminals.

Article 38, paragraph 2. Minimum age limit for workers operating lifting appliances.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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 notes the information supplied by the Government in the reports received in 1994 and 1996, particularly concerning the application of Article 12 (suitable and adequate means for fighting fire), Article 13, paragraphs 1 to 3 (effective guarding of all dangerous parts of machinery, possibility of cutting off the power to machinery in an emergency, protective measures during cleaning, maintenance or repair work), Article 15 (adequate and safe means of access to the ship during loading or unloading), Article 33 (protection against excessive noise) and Article 39 (notification of occupational accidents) of the Convention.

1. Further to its previous comments, the Committee draws the Government’s attention to the absence of specific health and safety provisions for dock work. The Committee noted previously that a draft Order on safety and health in dock work had been prepared by the technical departments of the Ministry of Labour and Social Security. In its report for the period ending 30 June 1993, the Government repeated this information and added that the draft had been submitted for adoption. The Committee hopes that the provisions of this text will ensure the application of the following provisions of the Convention: Article 4 (objectives and areas to be covered by measures to be established by national laws and regulations, in accordance with Part III of the Convention); Article 5 (responsibility of employers, owners, masters or other persons as appropriate, for compliance with safety and health measures; duty of employers to collaborate whenever two or more of them undertake activities simultaneously at one workplace); Article 7 (consultation of and collaboration between employers and workers). It asks the Government to provide a copy of the above Order as soon as it has been adopted.

2. In its previous reports, the Government referred to Orders No. 9033/MTERFPPS/DGT/DSSHT on the organization and functioning of the socio-medical centres of enterprises in the People’s Republic of the Congo and No. 9034/MTERFPPS/DGT/DSSHT laying down the procedures for the establishment of socio-medical centres which are common to several enterprises in the People’s Republic of the Congo. Since these texts have not been received, the Committee would be grateful if the Government would provide a copy of them.

3. The Committee asks the Government to provide additional information on the following points.

Article 6. The Committee notes from the Government’s report for the period ending 30 June 1993 that briefings are to be organized to inform workers about safety provisions in the place of work at which heads of establishment can alert them about the dangers arising from the use of machinery and the precautions to be taken. The Committee asks the Government to provide a copy of the provisions concerning the organization of these briefings and the measures taken to give effect to paragraph 1(c) of this Article.

Article 8. The Committee notes the Government’s statement in its report for the period ending 30 June 1993 that all safety measures are provided for in Chapter II of Order No. 9036 of 10 December 1986. The Committee notes that the above part of the Order provides for general protective measures whereas the Convention requires the adoption of measures specific to dock work. It asks the Government to indicate which provisions require the adoption of effective measures (fencing, flagging or other suitable means including, when necessary, cessation of work) to ensure that when the workplace has become unsafe, workers are protected until it has been made safe again.

Article 14. The Committee notes from the Government’s report for the period ending 30 June 1993 that the application of this Article is ensured by labour inspectors by means of inspections in enterprises. The Committee asks the Government to indicate which provisions ensure that electrical equipment and installations are so constructed, installed, operated and maintained as to prevent danger, and which standards for electrical equipment and installations have been recognized by the competent authorities.

Article 17. The Committee notes that section 41 of Order No. 9036, cited by the Government in its report for the period ending 30 June 1993 as giving effect to this Article of the Convention, includes specific measures only for the use of lifting gear in particular weather conditions (wind). The Committee asks the Government to indicate the measures taken to ensure that the means of access to a ship’s hold or cargo deck are in conformity with the provisions of this Article.

Article 21. The Committee notes the provisions of sections 47 to 49 of Order No. 9036 which the Government cites in its report for the period ending 30 June 1993 as giving effect to this Article of the Convention. It notes that the above sections provide for protective measures for some machinery or parts of machines which can be dangerous. It asks the Government to indicate the measures taken or envisaged to ensure that all lifting appliances, every item of loose gear and every sling or lifting device forming an integral part of a load comply with the provisions of the Convention.

Articles 22, 23, 24 and 25. Further to its previous comments, the Committee notes that, in its report for the period ending 30 June 1993, the Government refers to the certification of machinery, including lifting appliances, which is conducted by technical inspectors and advisory bodies, as a general measure to ensure that lifting appliances are sound and in proper working order. However, these Articles of the Convention provide for a set of measures to ensure that appliances and loose gear can be used by workers without any danger or risk: testing of all lifting appliances and loose gear (every five years in ships); thorough examination (at least once every 12 months); regular inspection before use. The Committee asks the Government to indicate the provisions requiring the above measures to be taken in respect of all lifting appliances  - on shore and on board - and of all loose gear.

Article 30. The Committee notes that section 43 of Order No. 9036 referred to by the Government, does not relate to the attaching of loads to lifting appliances. It asks the Government to indicate which provisions relate to this matter.

Article 34. The Committee asks the Government to provide a copy of the instructions concerning the wearing of personal protective equipment referred to by the Government in its report for the period ending 30 June 1993.

Article 35. Further to its previous comments, the Committee notes that section 147 of the Labour Code regulates the evacuation of injured persons who are able to be moved and who are not able to be treated by the facilities made available by the employer. It notes that the Government also refers in its reports to Orders Nos. 9033 and 9034 mentioned in paragraph 2 above. The Committee asks the Government to indicate the measures taken either under the above texts, or otherwise, to ensure that adequate facilities, including trained personnel, are available for the provision of first aid.

Article 37, paragraph 1. The Committee recalls that, under this provision of the Convention, committees which include employers’ and workers’ representatives must be formed at every port where there is a significant number of workers. Recalling the Government’s statement that the health and safety committees provided for by the law have not been formed, the Committee asks the Government to indicate the measures taken to ensure the establishment of such committees in ports with a significant number of workers.

Article 38, paragraph 1. The Government indicates in its report that, in the absence of health and safety committees, instruction and training are entrusted to a specialist in the matter within the enterprise. The Committee asks the Government to provide information on the activities of these specialists.

Article 39. The Committee notes that section 61 of Act No. 004/86 of 25  February 1986 establishing the Social Security Code gives effect in part to this Article of the Convention. It asks the Government to indicate the provisions which ensure that this Article is applied to occupational diseases.

Article 41, paragraph 1(a). Further to its previous comments, the Committee notes that the Government refers to Order No. 9036 of 10 December 1986 as being the text which lays down general obligations for the persons and bodies concerned with dock work (ports being treated as any industrial enterprise) and that no specific measures have been taken in respect of dock work. The Committee asks the Government to indicate the measures taken or envisaged to set out the specific obligations taken for the persons and bodies concerned with dock work.

4. In the absence of any information on the application of the above provisions, the Committee asks the Government to indicate the specific measures which give effect to the following provisions of the Convention.

Article 9, paragraphs 1 and 2. Safety measures with regard to lighting and marking of dangerous obstacles.

Article 10, paragraphs 1 and 2. Maintenance of surfaces for traffic or stacking of goods and safe manner of stacking goods.

Article 11, paragraphs 1 and 2. Width of passageways and separate passageways for pedestrians.

Article 16, paragraphs 1 and 2. Safe transport to or from a ship or other place by water, safe embarking and disembarking, and safe transport to or from a workplace on land.

Article 18, paragraphs 1, 2, 3, 4 and 5. Regulations concerning hatch covers.

Article 19, paragraphs 1 and 2. Protection around openings and decks, closing of hatchways when not in use.

Article 20, paragraphs 1, 2, 3 and 4. Safety measures when power vehicles operate in the hold; hatch covers secured against displacement; ventilation regulations; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded.

Article 26, paragraphs 1, 2 and 3. Members’ mutual recognition of arrangements for testing and examination.

Article 27, paragraphs 1, 2 and 3. Marking lifting appliances with safe working loads.

Article 28. Rigging plans.

Article 29. Strength and construction of pallets for supporting loads.

Article 31, paragraphs 1 and 2. Operation and layout of freight container terminals and organization of work in such terminals.

Article 38, paragraph 2. Minimum age limit for workers operating lifting appliances.

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

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 notes the information supplied by the Government in the reports received in 1994 and 1996, particularly concerning the application of Article 12 (suitable and adequate means for fighting fire), Article 13, paragraphs 1 to 3 (effective guarding of all dangerous parts of machinery, possibility of cutting off the power to machinery in an emergency, protective measures during cleaning, maintenance or repair work), Article 15 (adequate and safe means of access to the ship during loading or unloading), Article 33 (protection against excessive noise) and Article 39 (notification of occupational accidents) of the Convention.

1. Further to its previous comments, the Committee draws the Government’s attention to the absence of specific health and safety provisions for dock work. The Committee noted previously that a draft Order on safety and health in dock work had been prepared by the technical departments of the Ministry of Labour and Social Security. In its report for the period ending 30 June 1993, the Government repeated this information and added that the draft had been submitted for adoption. The Committee hopes that the provisions of this text will ensure the application of the following provisions of the Convention: Article 4 (objectives and areas to be covered by measures to be established by national laws and regulations, in accordance with Part III of the Convention); Article 5 (responsibility of employers, owners, masters or other persons as appropriate, for compliance with safety and health measures; duty of employers to collaborate whenever two or more of them undertake activities simultaneously at one workplace); Article 7 (consultation of and collaboration between employers and workers). It asks the Government to provide a copy of the above Order as soon as it has been adopted.

2. In its previous reports, the Government referred to Orders No. 9033/MTERFPPS/DGT/DSSHT on the organization and functioning of the socio-medical centres of enterprises in the People’s Republic of the Congo and No. 9034/MTERFPPS/DGT/DSSHT laying down the procedures for the establishment of socio-medical centres which are common to several enterprises in the People’s Republic of the Congo. Since these texts have not been received, the Committee would be grateful if the Government would provide a copy of them.

3. The Committee asks the Government to provide additional information on the following points:

Article 6. The Committee notes from the Government’s report for the period ending 30 June 1993 that briefings are to be organized to inform workers about safety provisions in the place of work at which heads of establishment can alert them about the dangers arising from the use of machinery and the precautions to be taken. The Committee asks the Government to provide a copy of the provisions concerning the organization of these briefings and the measures taken to give effect to paragraph 1(c) of this Article.

Article 8. The Committee notes the Government’s statement in its report for the period ending 30 June 1993 that all safety measures are provided for in Chapter II of Order No. 9036 of 10 December 1986. The Committee notes that the above part of the Order provides for general protective measures whereas the Convention requires the adoption of measures specific to dock work. It asks the Government to indicate which provisions require the adoption of effective measures (fencing, flagging or other suitable means including, when necessary, cessation of work) to ensure that when the workplace has become unsafe, workers are protected until it has been made safe again.

Article 14. The Committee notes from the Government’s report for the period ending 30 June 1993 that the application of this Article is ensured by labour inspectors by means of inspections in enterprises. The Committee asks the Government to indicate which provisions ensure that electrical equipment and installations are so constructed, installed, operated and maintained as to prevent danger, and which standards for electrical equipment and installations have been recognized by the competent authorities.

Article 17. The Committee notes that section 41 of Order No. 9036, cited by the Government in its report for the period ending 30 June 1993 as giving effect to this Article of the Convention, includes specific measures only for the use of lifting gear in particular weather conditions (wind). The Committee asks the Government to indicate the measures taken to ensure that the means of access to a ship’s hold or cargo deck are in conformity with the provisions of this Article.

Article 21. The Committee notes the provisions of sections 47 to 49 of Order No. 9036 which the Government cites in its report for the period ending 30 June 1993 as giving effect to this Article of the Convention. It notes that the above sections provide for protective measures for some machinery or parts of machines which can be dangerous. It asks the Government to indicate the measures taken or envisaged to ensure that all lifting appliances, every item of loose gear and every sling or lifting device forming an integral part of a load comply with the provisions of the Convention.

Articles 22, 23, 24 and 25. Further to its previous comments, the Committee notes that, in its report for the period ending 30 June 1993, the Government refers to the certification of machinery, including lifting appliances, which is conducted by technical inspectors and advisory bodies, as a general measure to ensure that lifting appliances are sound and in proper working order. However, these Articles of the Convention provide for a set of measures to ensure that appliances and loose gear can be used by workers without any danger or risk: testing of all lifting appliances and loose gear (every five years in ships); thorough examination (at least once every 12 months); regular inspection before use. The Committee asks the Government to indicate the provisions requiring the above measures to be taken in respect of all lifting appliances  - on shore and on board - and of all loose gear.

Article 30. The Committee notes that section 43 of Order No. 9036 referred to by the Government, does not relate to the attaching of loads to lifting appliances. It asks the Government to indicate which provisions relate to this matter.

Article 34. The Committee asks the Government to provide a copy of the instructions concerning the wearing of personal protective equipment referred to by the Government in its report for the period ending 30 June 1993.

Article 35. Further to its previous comments, the Committee notes that section 147 of the Labour Code regulates the evacuation of injured persons who are able to be moved and who are not able to be treated by the facilities made available by the employer. It notes that the Government also refers in its reports to Orders Nos. 9033 and 9034 mentioned in paragraph 2 above. The Committee asks the Government to indicate the measures taken either under the above texts, or otherwise, to ensure that adequate facilities, including trained personnel, are available for the provision of first aid.

Article 37, paragraph 1. The Committee recalls that, under this provision of the Convention, committees which include employers’ and workers’ representatives must be formed at every port where there is a significant number of workers. Recalling the Government’s statement that the health and safety committees provided for by the law have not been formed, the Committee asks the Government to indicate the measures taken to ensure the establishment of such committees in ports with a significant number of workers.

Article 38, paragraph 1. The Government indicates in its report that, in the absence of health and safety committees, instruction and training are entrusted to a specialist in the matter within the enterprise. The Committee asks the Government to provide information on the activities of these specialists.

Article 39. The Committee notes that section 61 of Act No. 004/86 of 25 February 1986 establishing the Social Security Code gives effect in part to this Article of the Convention. It asks the Government to indicate the provisions which ensure that this Article is applied to occupational diseases.

Article 41, paragraph 1(a). Further to its previous comments, the Committee notes that the Government refers to Order No. 9036 of 10 December 1986 as being the text which lays down general obligations for the persons and bodies concerned with dock work (ports being treated as any industrial enterprise) and that no specific measures have been taken in respect of dock work. The Committee asks the Government to indicate the measures taken or envisaged to set out the specific obligations taken for the persons and bodies concerned with dock work.

4. In the absence of any information on the application of the above provisions, the Committee asks the Government to indicate the specific measures which give effect to the following provisions of the Convention:

Article 9, paragraphs 1 and 2. Safety measures with regard to lighting and marking of dangerous obstacles.

Article 10, paragraphs 1 and 2. Maintenance of surfaces for traffic or stacking of goods and safe manner of stacking goods.

Article 11, paragraphs 1 and 2. Width of passageways and separate passageways for pedestrians.

Article 16, paragraphs 1 and 2. Safe transport to or from a ship or other place by water, safe embarking and disembarking, and safe transport to or from a workplace on land.

Article 18, paragraphs 1, 2, 3, 4 and 5. Regulations concerning hatch covers.

Article 19, paragraphs 1, 2,. Protection around openings and decks, closing of hatchways when not in use.

Article 20, paragraphs 1, 2, 3 and 4. Safety measures when power vehicles operate in the hold; hatch covers secured against displacement; ventilation regulations; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded.

Article 26, paragraphs 1, 2 and 3. Members’ mutual recognition of arrangements for testing and examination.

Article 27, paragraphs 1, 2 and 3. Marking lifting appliances with safe working loads.

Article 28. Rigging plans.

Article 29. Strength and construction of pallets for supporting loads.

Article 31, paragraphs 1 and 2. Operation and lay-out of freight container terminals and organization of work in such terminals.

Article 38, paragraph 2. Minimum age limit for workers operating lifting appliances.

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

The Committee notes the information supplied by the Government in the reports received in 1994 and 1996, particularly concerning the application of Article 12 (suitable and adequate means for fighting fire), Article 13, paragraphs 1 to 3 (effective guarding of all dangerous parts of machinery, possibility of cutting off the power to machinery in an emergency, protective measures during cleaning, maintenance or repair work), Article 15 (adequate and safe means of access to the ship during loading or unloading), Article 33 (protection against excessive noise) and Article 39 (notification of occupational accidents) of the Convention.

1. Further to its previous comments, the Committee draws the Government's attention to the absence of specific health and safety provisions for dock work. The Committee noted previously that a draft Order on safety and health in dock work had been prepared by the technical departments of the Ministry of Labour and Social Security. In its report for the period ending 30 June 1993, the Government repeated this information and added that the draft had been submitted for adoption. The Committee hopes that the provisions of this text will ensure the application of the following provisions of the Convention: Article 4 (objectives and areas to be covered by measures to be established by national laws and regulations, in accordance with Part III of the Convention); Article 5 (responsibility of employers, owners, masters or other persons as appropriate, for compliance with safety and health measures; duty of employers to collaborate whenever two or more of them undertake activities simultaneously at one workplace); Article 7 (consultation of and collaboration between employers and workers). It asks the Government to provide a copy of the above Order as soon as it has been adopted.

2. In its previous reports, the Government referred to Orders No. 9033/MTERFPPS/DGT/DSSHT on the organization and functioning of the socio-medical centres of enterprises in the People's Republic of the Congo and No. 9034/MTERFPPS/DGT/DSSHT laying down the procedures for the establishment of socio-medical centres which are common to several enterprises in the People's Republic of the Congo. Since these texts have not been received, the Committee would be grateful if the Government would provide a copy of them.

3. The Committee asks the Government to provide additional information on the following points:

Article 6. The Committee notes from the Government's report for the period ending 30 June 1993 that briefings are to be organized to inform workers about safety provisions in the place of work at which heads of establishment can alert them about the dangers arising from the use of machinery and the precautions to be taken. The Committee asks the Government to provide a copy of the provisions concerning the organization of these briefings and the measures taken to give effect to paragraph 1(c) of this Article.

Article 8. The Committee notes the Government's statement in its report for the period ending 30 June 1993 that all safety measures are provided for in Chapter II of Order No. 9036 of 10 December 1986. The Committee notes that the above part of the Order provides for general protective measures whereas the Convention requires the adoption of measures specific to dock work. It asks the Government to indicate which provisions require the adoption of effective measures (fencing, flagging or other suitable means including, when necessary, cessation of work) to ensure that when the workplace has become unsafe, workers are protected until it has been made safe again.

Article 14. The Committee notes from the Government's report for the period ending 30 June 1993 that the application of this Article is ensured by labour inspectors by means of inspections in enterprises. The Committee asks the Government to indicate which provisions ensure that electrical equipment and installations are so constructed, installed, operated and maintained as to prevent danger, and which standards for electrical equipment and installations have been recognized by the competent authorities.

Article 17. The Committee notes that section 41 of Order No. 9036, cited by the Government in its report for the period ending 30 June 1993 as giving effect to this Article of the Convention, includes specific measures only for the use of lifting gear in particular weather conditions (wind). The Committee asks the Government to indicate the measures taken to ensure that the means of access to a ship's hold or cargo deck are in conformity with the provisions of this Article.

Article 21. The Committee notes the provisions of sections 47 to 49 of Order No. 9036 which the Government cites in its report for the period ending 30 June 1993 as giving effect to this Article of the Convention. It notes that the above sections provide for protective measures for some machinery or parts of machines which can be dangerous. It asks the Government to indicate the measures taken or envisaged to ensure that all lifting appliances, every item of loose gear and every sling or lifting device forming an integral part of a load comply with the provisions of the Convention.

Articles 22, 23, 24 and 25. Further to its previous comments, the Committee notes that, in its report for the period ending 30 June 1993, the Government refers to the certification of machinery, including lifting appliances, which is conducted by technical inspectors and advisory bodies, as a general measure to ensure that lifting appliances are sound and in proper working order. However, these Articles of the Convention provide for a set of measures to ensure that appliances and loose gear can be used by workers without any danger or risk: testing of all lifting appliances and loose gear (every five years in ships); thorough examination (at least once every 12 months); regular inspection before use. The Committee asks the Government to indicate the provisions requiring the above measures to be taken in respect of all lifting appliances - on shore and on board - and of all loose gear.

Article 30. The Committee notes that section 43 of Order No. 9036 referred to by the Government, does not relate to the attaching of loads to lifting appliances. It asks the Government to indicate which provisions relate to this matter.

Article 34. The Committee asks the Government to provide a copy of the instructions concerning the wearing of personal protective equipment referred to by the Government in its report for the period ending 30 June 1993.

Article 35. Further to its previous comments, the Committee notes that section 147 of the Labour Code regulates the evacuation of injured persons who are able to be moved and who are not able to be treated by the facilities made available by the employer. It notes that the Government also refers in its reports to Orders Nos. 9033 and 9034 mentioned in paragraph 2 above. The Committee asks the Government to indicate the measures taken either under the above texts, or otherwise, to ensure that adequate facilities, including trained personnel, are available for the provision of first aid.

Article 37, paragraph 1. The Committee recalls that, under this provision of the Convention, committees which include employers' and workers' representatives must be formed at every port where there is a significant number of workers. Recalling the Government's statement that the health and safety committees provided for by the law have not been formed, the Committee asks the Government to indicate the measures taken to ensure the establishment of such committees in ports with a significant number of workers.

Article 38, paragraph 1. The Government indicates in its report that, in the absence of health and safety committees, instruction and training are entrusted to a specialist in the matter within the enterprise. The Committee asks the Government to provide information on the activities of these specialists.

Article 39. The Committee notes that section 61 of Act No. 004/86 of 25 February 1986 establishing the Social Security Code gives effect in part to this Article of the Convention. It asks the Government to indicate the provisions which ensure that this Article is applied to occupational diseases.

Article 41, paragraph 1(a). Further to its previous comments, the Committee notes that the Government refers to Order No. 9036 of 10 December 1986 as being the text which lays down general obligations for the persons and bodies concerned with dock work (ports being treated as any industrial enterprise) and that no specific measures have been taken in respect of dock work. The Committee asks the Government to indicate the measures taken or envisaged to set out the specific obligations taken for the persons and bodies concerned with dock work.

4. In the absence of any information on the application of the above provisions, the Committee asks the Government to indicate the specific measures which give effect to the following provisions of the Convention:

Article 9, paragraphs 1 and 2. Safety measures with regard to lighting and marking of dangerous obstacles.

Article 10, paragraphs 1 and 2. Maintenance of surfaces for traffic or stacking of goods and safe manner of stacking goods.

Article 11, paragraphs 1 and 2. Width of passageways and separate passageways for pedestrians.

Article 16, paragraphs 1 and 2. Safe transport to or from a ship or other place by water, safe embarking and disembarking, and safe transport to or from a workplace on land.

Article 18, paragraphs 1, 2, 3, 4 and 5. Regulations concerning hatch covers.

Article 19. Protection around openings and decks, closing of hatchways when not in use.

Article 20, paragraphs 1, 2, 3 and 4. Safety measures when power vehicles operate in the hold; hatch covers secured against displacement; ventilation regulations; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded.

Article 26, paragraphs 1, 2 and 3. Members' mutual recognition of arrangements for testing and examination.

Article 27, paragraphs 1, 2 and 3. Marking lifting appliances with safe working loads.

Article 28. Rigging plans.

Article 29. Strength and construction of pallets for supporting loads.

Article 31, paragraphs 1 and 2. Operation and lay-out of freight container terminals and organization of work in such terminals.

Article 38, paragraph 2. Minimum age limit for workers operating lifting appliances.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and it will contain full information on the following matters raised in its previous direct request:

The Committee has taken note of the information supplied by the Government in its latest report.

1. Further to its previous comments, the Committee noted from the information supplied by the Government in its report for the period ending 30 June 1990 that a draft Order concerning safety and health in dock work has been prepared by the technical departments of the Ministry of Labour and Social Security and was to be submitted to the Technical Advisory Committee on Occupational Safety and Health for its opinion. The Committee hopes that the provisions of the above Order will ensure that effect is given to the provisions of the Convention, particularly Article 4 (objectives and areas to be covered by measures to be established by national laws and regulations, in accordance with the provisions of Part III of the Convention), Article 5 (responsibility of employers, owners, masters or other persons, as appropriate, for compliance with safety and health measures; duty of employers to collaborate whenever two or more of them undertake activities simultaneously at one workplace) and Article 7 (consultation of the organizations of employers and workers concerned by the competent authority when safety measures are adopted; collaboration between employers and workers in the application of such measures). The Committee hopes that provisions to give effect to the Convention will be adopted in the near future and that the Government will supply a copy of them as soon as they are adopted.

2. The Committee noted the Government's references, in its reports, to Orders No. 9036 respecting general safety and health measures, No. 9033/MTERFPPS/DGT/DS.HT respecting the organization and functioning of the socio-medical centres of enterprises in the People's Republic of the Congo and No. 9034/MTERFPPS/DGT/DSSHT laying down the procedures for the establishment of socio-medical centres which are common to several enterprises in the People's Republic of the Congo, dated 10 December 1986. Since the above texts, which the Government stated were included in the report for the period ending 30 June 1992, have not been received, the Committee would be grateful if the Government would provide a copy of them with its next report.

3. The Committee would be grateful if the Government would provide additional information on the following points:

Article 6. The Committee noted from the Government's report for the period ending 30 June 1992 that the internal instructions concerning the prevention of occupational risks, referred to by the Government in its first report, concern general health and safety measures, as laid down in Order No. 9036 mentioned above, and that as yet there are no specific instructions on safety and health in dock work. Pending reception of a copy of Order No. 9036, the Committee asks the Government to indicate any measures taken to ensure that dockworkers comply with the duties set out in paragraph 1 of this Article and that they have the right to participate in ensuring safety in the workplace in accordance with the procedures provided for in paragraph 2.

Article 13, paragraphs 1 and 3. The Committee noted from the information supplied by the Government in its report for the period ending 30 June 1992 that the committee responsible for licensing dangerous machines, estabished by Order No. 9031, is not yet in operation. The Committee asks the Government to indicate the means by which the application of these provisions of the Convention is ensured.

Article 14. The Committee noted from the Government's report for the period ending 30 June 1992 that there are no detailed safety regulations for electrical equipment. In view of the general provisions laid down in section 133 of the Labour Code, the Committee asks the Government to indicate all provisions that give effect to this Article, including those that contain standards recognized by the competent authority for electrical equipment and installations.

Article 34. The Committee noted the references in the Government's reports to the provisions of a collective agreement which establish that dockers must be supplied with adequate protective equipment in their working environment. The Committee again asks the Government to provide a copy of the above collective agreement and to indicate the measures taken to provide dockworkers with adequate individual protective equipment and clothing, and to require them to make proper use of them and to take care of them.

Article 35. The Committee noted the Government's reference in its report for the period ending 30 June 1992 to regulations on measures concerning the health of workers. The Committee asks the Government to provide a copy of the regulations in its next report and to indicate the measures taken, either under the provisions of the above regulations or by other means, to ensure that adequate facilities, including trained personnel, are readily available for the rescue of any person in danger, for the provision of first aid and for the removal of injured persons.

Article 36. The Committee noted the Government's reference to Order No. 9033 which establishes the procedures for medical examinations, and the necessary measures for the provision of an occupational health service, and provides that the company doctor is responsible for providing the workers with preventive health care and for averting of the risks of contagion. The Committee hopes that the Government would provide a copy of this text with its next report.

Article 37, paragraph 1. The Committee noted the information supplied by the Government in its report for the period ending 30 June 1992 to the effect that the provision establishing safety and health committees in enterprises has not yet come into effect in ports. It hopes that these committees will be set up in the near future in every port where there is a significant number of workers and that the Government will be able to indicate that this has been accomplished in its next report.

Article 38, paragraph 1. The Committee noted the information supplied by the Government in its report for the period ending 30 June 1992 to the effect that safety and health committees must be adequately informed about the risks relevant to the various aspects of dock work. Since, according to the same Government's report, these committees have not yet been established in ports, the Committee asks the Government to indicate how instruction and training of workers are ensured, in compliance with this provision of the Convention.

Article 40. The Committee noted the Government's reference in its last report to section 19 of Order No. 9036 of 10 December 1986 respecting general safety and health measures. It hopes that the Government will provide a copy of the Order with its next report.

4. With reference to its previous comments, the Committee asks the Government to indicate the specific measures taken to ensure the application of the following provisions of the Convention:

Article 8. Measures to protect workers from areas whch have become unsafe.

Article 9, paragraphs 1 and 2. Safety measures with regard to lighting and marking of dangerous obstacles.

Article 10, paragraphs 1 and 2. Maintenance of surfaces for traffic or stacking of goods and safe manner of stacking goods.

Article 11, paragraphs 1 and 2. Width of passageways and separate passageways for pedestrians.

Article 12. Adequate means for fighting fire.

Article 13. Measures for ensuring that power to any machinery is cut off in an emergency or when cleaning, maintenance and repair work are taking place; regulations concerning safety devices.

Article 15. Safe means of access to ships during loading and unloading.

Article 16, paragraphs 1 and 2. Safe transport to or from a ship or other place by water, safe embarking and disembarking, and safe transport to or from a workplace on land.

Article 17, paragraphs 1, 2 and 3. Access to a ship's hold or cargo deck.

Article 18, paragraphs 1, 2, 3, 4 and 5. Regulations concerning hatch covers.

Article 19, paragraphs 1 and 2. Protection around openings in decks, closing of hatchways when not in use.

Article 20, paragraphs 1, 2, 3 and 4. Safety measures when power vehicles operate in the hold; hatch covers secured against displacement; ventilation regulations; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded.

Article 21. Regulations concerning strength, design and use of loose gear and slings.

Article 22, paragraphs 1, 2, 3 and 4. Testing of lifting appliances and loose gear.

Article 23, paragraph 1 and 2. Certification of lifting gear.

Article 24, paragraphs 1 and 2. Inspection of slings and loose gear.

Article 25, paragraphs 1, 2 and 3. Registration of lifting appliances and loose gear.

Article 26, paragraphs 1, 2 and 3. Members' mutual recognition of arrangements for testing and examination.

Article 27, paragraphs 1, 2 and 3. Marking lifting appliances with safe working loads.

Article 28. Rigging plans.

Article 29. Strength and construction of pallets for supporting loads.

Article 30. Safety measures for attaching loads to lifting appliances.

Article 31, paragraphs 1 and 2. Operation and layout of freight container terminals.

Article 32, paragraphs 1, 2, 3 and 4. Handling, storing and stowing of dangerous substances; compliance with international regulations for transport of dangerous substances; prevention of worker exposure to dangerous substances or atmospheres.

Article 33. Regulations concerning excessive noise.

Article 38, paragraph 2. Minimum age limit for workers operating lifting appliances.

Article 39. Reporting procedures for occupational accidents and diseases.

Article 41. Duties in respect of occupational safety and health.

[The Government is asked to report in detail for the period ending 30 June 1994.]

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee takes note of the information supplied by the Government in its latest report.

1. Further to its previous comments, the Committee notes from the information supplied by the Government in its report for the period ending 30 June 1990 that a draft Order concerning safety and health in dock work was prepared by the technical departments of the Ministry of Labour and Social Security and was to be submitted to the Technical Advisory Committee on Occupational Safety and Health for its opinion. The Committee hopes that the provisions of the above Order will ensure that effect is given to the provisions of the Convention, particularly Article 4 (objectives and areas to be covered by measures to be established by national laws and regulations, in accordance with the provisions of Part III of the Convention), Article 5 (responsibility of employers, owners, masters or other persons, as appropriate, for compliance with safety and health measures; duty of employers to collaborate whenever two or more of them undertake activities simultaneously at one workplace) and Article 7 (consultation of the organizations of employers and workers concerned by the competent authority when safety measures are adopted; collaboration between employers and workers in the application of such measures). The Committee hopes that provisions to give effect to the Convention will be adopted in the near future and that the Government will supply a copy of them as soon as they are adopted.

2. The Committee notes the Government's references in its report to Orders No. 9036 respecting general safety and health measures, No. 9033/MTERFPPS/DGT/DSSHT respecting the organization and functioning of the socio-medical centres of enterprises in the People's Republic of the Congo and No. 9034/MTERFPPS/DGT/DSHHT laying down the procedures for the establishment of socio-medical centres which are common to several enterprises in the People's Republic of the Congo, dated 10 December 1986. Since the above texts, which the Government stated were included in the last report, have not been received, the Committee would be grateful if the Government would provide a copy of them with its next report.

3. The Committee would be grateful if the Government would provide additional information on the following points:

Article 6. The Committee notes from the Government's report that the internal instructions concerning the prevention of occupational risks, referred to by the Government in its first report, concern general health and safety measures, as laid down in Order No. 9036 mentioned above, and that as yet there are no specific instructions on safety and health in dock work. Pending reception of a copy of Order No. 9036, the Committee asks the Government to indicate any measures taken to ensure that dockworkers comply with the duties set out in paragraph 1 of this Article and that they have the right to participate in ensuring safety in the workplace in accordance with the procedures provided for in paragraph 2.

Article 13, paragraphs 1 and 3. The Committee notes from the information supplied by the Government in its latest report that the committee responsible for licensing dangerous machines, estabished by Order No. 9031, is not yet in operation. The Committee asks the Government to indicate the means by which the application of these provisions of the Convention is ensured.

Article 14. The Committee notes from the Government's report that there are no detailed safety regulations for electrical equipment. In view of the general provisions laid down in section 133 of the Labour Code, the Committee asks the Government to indicate all provisions that give effect to this Article, including those that contain standards recognized by the competent authority for electrical equipment and installations.

Article 34. The Committee notes the references in the Government's report to the provisions of a collective agreement which establish that dockers must be supplied with adequate protective equipment in their working environment. The Committee again asks the Government to provide a copy of the above collective agreement and to indicate the measures taken to provide dockworkers with adequate individual protective equipment and clothing, and to require them to make proper use of them and to take care of them.

Article 35. The Committee notes the Government's reference in its latest report to regulations on measures concerning the health of workers. The Committee asks the Government to provide a copy of the regulations in its next report and to indicate the measures taken, either under the provisions of the above regulations or by other means, to ensure that adequate facilities, including trained personnel, are readily available for the rescue of any person in danger, for the provision of first aid and for the removal of injured persons.

Article 36. The Committee notes the Government's reference to Order No. 9033 which establishes the procedures for medical examinations, and the necessary measures for the provision of an occupational health service, and provides that the company doctor is responsible for providing the workers with preventive health care and for averting of the risks of contagion. The Committee hopes that the Government would provide a copy of this text with its next report.

Article 37, paragraph 1. The Committee notes the information supplied by the Government in its last report to the effect that the provision establishing safety and health committees in enterprises has not yet come into effect in ports. It hopes that these committees will be set up in the near future in every port where there is a significant number of workers and that the Government will be able to indicate that this has been accomplished in its next report.

Article 38, paragraph 1. The Committee notes the information supplied by the Government in its last report to the effect that safety and health committees must be adequately informed about the risks relevant to the various aspects of dock work. Since, according to the Government's last report, these committees have not yet been established in ports, the Committee asks the Government to indicate how instruction and training of workers are ensured, in compliance with this provision of the Convention.

Article 40. The Committee notes the Government's reference in its last report to section 19 of Order No. 9036 of 10 December 1986 respecting general safety and health measures. It hopes that the Government will provide a copy of the Order with its next report.

With reference to its previous comments, the Committee asks the Government to indicate the specific measures taken to ensure the application of the following provisions of the Convention:

Article 8. Measures to protect workers from areas whch have become unsafe.

Article 9, paragraphs 1 and 2. Safety measures with regard to lighting and marking of dangerous obstacles.

Article 10, paragraphs 1 and 2. Maintenance of surfaces for traffic or stacking of goods and safe manner of stacking goods.

Article 11, paragraphs 1 and 2. Width of passageways and separate passageways for pedestrians.

Article 12. Adequate means for fighting fire.

Article 13. Measures for ensuring that power to any machinery is cut off in an emergency or when cleaning, maintenance and repair work are taking place; regulations concerning safety devices.

Article 15. Safe means of access to ships during loading and unloading.

Article 16, paragraphs 1 and 2. Safe transport to or from a ship or other place by water, safe embarking and disembarking, and safe transport to or from a workplace on land.

Article 17, paragraphs 1, 2 and 3. Access to a ship's hold or cargo deck.

Article 18, paragraphs 1, 2, 3, 4 and 5. Regulations concerning hatch covers.

Article 19, paragraphs 1 and 2. Protection around openings in decks, closing of hatchways when not in use.

Article 20, paragraphs 1, 2, 3 and 4. Safety measures when power vehicles operate in the hold; hatch covers secured against displacement; ventilation regulations; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded.

Article 21. Regulations concerning strength, design and use of loose gear and slings.

Article 22, paragraphs 1, 2, 3 and 4. Testing of lifting appliances and loose gear.

Article 23, paragraph 1 and 2. Certification of lifting gear.

Article 24, paragraphs 1 and 2. Inspection of slings and loose gear.

Article 25, paragraphs 1, 2 and 3. Registration of lifting appliances and loose gear.

Article 26, paragraphs 1, 2 and 3. Members' mutual recognition of arrangements for testing and examination.

Article 27, paragraphs 1, 2 and 3. Marking lifting appliances with safe working loads.

Article 28. Rigging plans.

Article 29. Strength and construction of pallets for supporting loads.

Article 30. Safety measures for attaching loads to lifting appliances.

Article 31, paragraphs 1 and 2. Operation and layout of freight container terminals.

Article 32, paragraphs 1, 2, 3 and 4. Handling, storing and stowing of dangerous substances; compliance with international regulations for transport of dangerous substances; prevention of worker exposure to dangerous substances or atmospheres.

Article 33. Regulations concerning excessive noise.

Article 38, paragraph 2. Minimum age limit for workers operating lifting appliances.

Article 39. Reporting procedures for occupational accidents and diseases.

Article 41. Duties in respect of occupational safety and health.

[The Government is asked to report in detail for the period ending 30 June 1993.]

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with interest the information supplied by the Government in its first report on the application of the Convention.

1. The Committee notes the reference made in the Government's report to Decree No. 9036 concerning general safety and health measures and Decree No. 9029 of 10 December 1986 concerning safety devices for dangerous machines. It requests the Government to supply copies of these Decrees with its next report.

2. The Committee notes the Government's indication in its report that there is no text specifically giving effect to the provisions of the Convention, as well as its detailed indications, under most Articles of the Convention, concerning implementing measures which remain to be taken. The Committee accordingly hopes that the detailed laws or regulations and implementing measures necessary to the full application of the provisions of the Convention will soon be adopted, and that the Government will indicate in its next report the specific measures taken or envisaged in order to ensure safety and health in dock work, as required by Article 4 of the Convention.

3. Furthermore, the Committee requests the Government to supply clarifications in its next report on the following points:

Article 6. In the Government's report, reference was made to internal instructions concerning the prevention of occupational risks. Please supply copies of any such instructions and indicate the measures taken to ensure that all dockworkers comply with the duties enumerated in this Article and that they are guaranteed the right to participate in ensuring safety in the workplace by expressing their views on working procedures.

Article 13, paragraphs 1 and 3. Section 135 of the Labour Code provides that the sale or use of unguarded machinery shall be prohibited according to determinations to be made by the committee responsible for licensing dangerous machines. Please indicate any determinations made by the Committee in this regard.

Article 14. The Committee notes the general safety measures concerning electrical equipment provided for in section 133 of the Labour Code. It would, however, like to call the Government's attention to section 1.7 of the ILO Guide to Safety and Health in Dock Work which recommends more detailed regulations concerning insulation and the fixing of cables. Please indicate the measures taken to ensure that more detailed safety regulations concerning electrical equipment are applied at the workplace.

Article 34. The Committee notes the information supplied in the Government's report concerning provisions of a collective agreement which provide gloves and masks to certain dockworkers. Please supply the relevant sections of those collective agreements concerning dockworkers which ensure the provision of protective equipment. The Committee would also like to draw the Government's attention to Chapter 14 of the ILO Guide to Safety and Health in Dock Work which specifies the type of personal protective equipment necessary in the various aspects of dock work. Please indicate the measures taken to ensure that all dockworkers will be provided with necessary clothing and equipment to ensure adequate protection in their working environment.

Article 35. The Committee notes that section 147 of the Labour Code provides that employers are responsible for evacuating injured and sick workers. Please indicate the measures taken to ensure that all workplaces are equipped with adequate facilities, including trained personnel for the rescue of any person in danger, for the provision of first aid and for the removal of injured persons.

Article 36, paragraph 1. The Committee notes that section 142 of the Labour Code provides that the Minister of Labour and Social Security shall determine the conditions in which medical examinations are to be carried out and the measures to be taken for the provision of occupational health services. Please indicate any measures which have been taken in this regard.

Article 36, paragraph 2. The Committee notes that section 146 of the Labour Code ensures that free medical care is provided for sick workers or family members. This paragraph of the Convention, however, provides that all medical examinations carried out in pursuance of paragraph 1 of this Article shall be free of cost to the worker. Please indicate the measures taken to ensure that these medical examinations are free of cost to the worker.

Article 37, paragraph 1. The Committee notes that Decree No. 9030 of 10 January 1986 creates certain safety and health committees. Please indicate whether there is a safety and health committee for every port where there is a significant number of workers.

Article 38, paragraph 1. The Committee notes the information provided in the Government's report concerning technical safety and health committees. It would call the Government's attention to section 20.2 of the ILO Guide on Safety and Health in Dock Work which points out that such committees must be provided with information on occupational accidents and diseases and unhealthy working conditions in general. Please indicate the measures taken to ensure that these committees are adequately informed about the risks relevant to the various aspects of dock work.

Article 40. The Committee notes that section 140 of the Labour Code provides that orders concerning sanitary and washing facilities shall be issued by the Minister of Labour. Please indicate the measures taken in this regard.

4. Referring to part 2 above, the Committee requests the Government to indicate in particular the specific measures taken to ensure the following provisions of the Convention:

Article 5, paragraphs 1 and 2 - Responsibility for safety and health measures; employers' duty to collaborate where two or more employees undertake activities simultaneously at one workplace.

Article 7, paragraphs 1 and 2 - Consultation with employers' and workers' organisations and collaboration between workers and employers concerning the application of measures taken to give effect to the Convention.

Article 8 - Measures to protect workers from areas which have become unsafe.

Article 9, paragraphs 1 and 2 - Safety measures with regard to lighting and marking of dangerous obstacles.

Article 10, paragraphs 1 and 2 - Maintenance of surfaces for traffic or stacking of goods and safe manner of stacking goods.

Article 11, paragraphs 1 and 2 - Width of passageways and separate passageways for pedestrians.

Article 12 - Adequate means for fighting fire.

Article 13 - Measures for ensuring that power to any machinery is cut off in an emergency or when cleaning, maintenance and repair work are taking place; regulations concerning safety devices.

Article 15 - Safe means of access to ships during loading and unloading.

Article 16, paragraphs 1 and 2 - Safe transport to or from a ship or other place of water, embarking and disembarking of ships as well as safe transport to or from a workplace on land.

Article 17, paragraphs 1, 2 and 3 - Access to a ship's hold or cargo deck.

Article 18, paragraphs 1, 2, 3, 4 and 5 - Regulations concerning hatch covers.

Article 19, paragraphs 1 and 2 - Protection around openings in decks; closing of hatchways when not in use.

Article 20, paragraphs 1, 2, 3 and 4 - Safety measures when power vehicles operate in the hold; hatch covers secured against displacement; ventilation regulations; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded.

Article 21 - Regulations concerning strength, design and use of loose gear and slings.

Article 22, paragraphs 1, 2, 3 and 4 - Testing of lifting appliances and loose gear.

Article 23, paragraphs 1 and 2 - Certification of lifting gear.

Article 24, paragraphs 1 and 2 - Inspection of slings and loose gear.

Article 25, paragraphs 1, 2 and 3 - Registers of lifting appliances and loose gear.

Article 26, paragraphs 1, 2 and 3 - Members' mutual recognition of arrangements for testing and examination.

Article 27, paragraphs 1, 2 and 3 - Marking lifting appliances with safe working loads.

Article 28 - Rigging plans.

Article 29 - Strength and construction of pallets for supporting loads.

Article 30 - Safety measures for attaching loads to lifting appliances.

Article 31, paragraphs 1 and 2 - Operation and layout of freight container terminals.

Article 32, paragraphs 1, 2, 3 and 4 - Handling, storing and stowing of dangerous substances; compliance with international regulations for transport of dangerous substances; prevention of worker exposure to dangerous substances or atmospheres.

Article 33 - Regulations concerning excessive noise.

Article 38, paragraph 2 - Minimum age limit for workers operating lifting appliances.

Article 39 - Reporting procedures for occupational accidents and diseases.

Article 41 - Duties in respect of occupational safety and health.