Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

1. The Committee has taken note of the information provided by the Government in its report, as well as the accompanying legislation.

2. Article 4, paragraph 2(d), in conjunction with Article 16, paragraph 2, of the Convention. The Committee notes the Government's statement that the national legislation does not provide any safety measures for the transport of workers to and from a workplace on land, but that such transport is provided for in collective agreements between the unions and the shipping enterprises and port and maritime services. Furthermore, the Government indicates that accidents which occur along the route followed by a worker between his home and the workplace are included in the definition of an occupational accident. The Committee would call the Government's attention to the need to take, in conformity with these provisions of the Convention, the appropriate measures in order to guarantee workers' safety when they are transported to or from a workplace on land. It requests the Government to indicate the progress made in this respect.

Article 4, paragraph 2(h), in conjunction with Article 27, paragraph 3, and Article 28. The Committee notes the indication made by the Government in its report concerning the inspection and revision of lifting machinery before carrying out loading and unloading operations of ships, as well as the respective certificates, and specifically the provisions of section 57 of the regulations concerning Dock Work in State Administered Ports and sections 1, 2 and 3 of the Naval Inspection Regulations, which were transmitted by the Government. The Committee also requests the Government to indicate the measures taken or envisaged with respect to the rigging and use of ship's derricks and to ensure that rigging plans are carried on board ship.

3. Articles 22 and 24. The Committee notes the information provided by the Government in reply to its previous comments as well as its statement that the General Directorate of Safety and Medicine is elaborating regulations concerning safety devices and guards for lifting appliances. It hopes that the regulations being elaborated will give effect to the provisions of these Articles, in particular, Article 22, paragraph 1 (testing of lifting appliances and all items of loose gear after any substantial alteration liable to affect its safety), paragraph 2 (periodical testing of lifting appliances forming part of a ship's equipment at least once in every five years), paragraph 3 (testing of shore-based lifting appliances at such times as prescribed by the competent authority) and paragraph 4 (thorough examination of lifting appliances and items of loose gear upon the completion of every test of the lifting appliance or loose gear), as well as Article 24, paragraph 1 (prohibition of the reuse of expendable or disposable slings; inspection of slings in the case of pre-slung cargo as frequently as is reasonably practicable). The Committee requests the Government to transmit a copy of the text adopted with its next report.

4. Article 25. The Committee notes that section 38 of Federal Labour Inspection Regulations requires labour inspectors to establish a record of each inspection the contents of which depends on the type of inspection undertaken and must conform with the procedural and substantive requirements established by the relevant instructions. The Committee requests the Government to indicate: (a) whether the records specify the safe working load and the dates and results of the tests carried out on the lifting appliances and items of loose gear (Article 25, paragraph 1); and (b) whether the national regulations prescribe the duty to maintain a register of the lifting appliances and items of loose gear which has taken into account the model recommended by the International Labour Office (Articles 25, paragraph 2).

5. Article 31. The Committee refers once again to the statement of the Government that it was going to examine the possibility of elaborating regulations concerning the functioning of freight container terminals and the means to be provided in the case of ships carrying containers to ensure the safety of workers lashing or unlashing containers. The Government is requested to indicate in its next report any progress made in this regard.

6. The Committee has taken note of the Government's statement that there is no up-to-date statistical data available on any contraventions of the Convention which would enable it to provide information on the practical application of the Convention, as required by point V of the report form. It hopes that the Government will be able to communicate with its next report extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported.