Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes the information provided by the Government in its reports. The Committee requests the Government to supply information on the measures adopted in order to give effect to the following provisions of the Convention.

Articles 4, paragraphs 1(c) and 2(r), and 38, paragraph 1, of the Convention. The Committee notes the information provided by the Government in its reports which state that section 29 of the Factories Ordinance, 1950, provides for these provisions of the Convention. However, it notes that according to section 58 of the Factories Ordinance, 1950, section 29 is not extended to dock workers. The Committee hopes that the Government will take the necessary measures to bring its legislation into line with these provisions of the Convention. In addition, the Committee recalls that for Article 38, according to the report form approved by the Governing Body of the ILO, information should be communicated on the manner in which instruction and training is provided with respect to the potential risks attaching to the work of the worker and the main precautions to be taken. The Committee would be grateful if the Government would supply this information with its next report.

Article 4, paragraphs 1(f) and 3.  The Committee notes the information provided by the Government in an earlier report that there is a fire and safety department which sets out all emergency plans. The Committee also recalls that according to this Article, the practical implementation of the requirement in subparagraph 1 should be ensured and assisted by technical standards or codes of practice approved by the competent authority. The Committee would be grateful if the Government would supply a copy of the emergency plans with its next report.

Article 4, paragraph 2(b), (o), (q).  The Committee requests the Government to communicate a copy of the legislation applying this provision of the Convention and in particular concerning: (b) fire and explosion prevention and protection; (o) medical supervision; and (q) safety and health organization.

Article 5, paragraph 2.  The Committee takes note of the information of the Government in its report. The Committee notes from the Government’s earlier report that when two or more employers are undertaking activities simultaneously at one workplace, they shall collaborate in order to comply with the prescribed measures for the health and safety of their employees. It further notes that there are no explicit and general procedures prescribed by the competent authority. The Committee requests the Government to take the necessary measures in order that the competent authority prescribes general procedures to apply this provision of the Convention.

Article 6, paragraph 2.  The Committee recalls that under this provision there shall be arrangements under which workers should participate in ensuring safe working. The Committee once again requests the Government to take the necessary measures to ensure the application of this Article.

Article 7, paragraph 2.  According to the report of the Government there has not been a specific provision ensuring collaboration between employers and workers or their representatives in the application of the measures giving effect to the Convention. The Committee requests the Government to take the necessary measures to ensure the application of this provision of the Convention.

Article 9, paragraph 2.  The Committee notes from an earlier report of the Government that there are no explicit provisions for marking obstacles where dock work is being carried out. It asks the Government to indicate the measures taken or contemplated to give effect to this provision of the Convention.

Article 10, paragraph 2.  The Committee requests the Government to indicate the measures taken or contemplated to ensure that the work shall be done in a safe and orderly manner where goods or materials are stacked, stowed, unstacked or unstowed.

Article 11, paragraph 1.  The Committee takes note of the information provided by the Government in its last report that no minimum width has been prescribed for vehicles and cargo-handling gear. The Committee requests the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Articles 12.  The Committee requests the Government to indicate the national law that applies this provision of the Convention and provide a copy of this legal text.

Article 13, paragraphs 2, 3 and 6.  The Committee takes note of the information provided by the Government in its report that no provision has been adopted for the application of these paragraphs. Please indicate the measures taken or envisaged to ensure the application of this provision of the Convention.

Article 14.  The Committee takes note of the information provided by the Government in its report that there is no specific provision for the application of this article. Please indicate the measures taken or contemplated to give effect to the Convention on this point.

Article 16, paragraph 2.  The Committee notes that the response of the Government included in its report refers to the transport of workers by water. The Committee recalls that in an earlier report the Government had indicated that safe transport by bus or other small vehicle is provided by the company. Please indicate the particulars of the measures prescribed to ensure that such land transport is safe.

Article 20, paragraph 1.  The Committee recalls that paragraph 1 of this Article provides for measures to ensure the safety of workers required to be in the hold or on a cargo deck of a ship when power vehicles operate or power-operated appliances are used. The Committee trusts that the Government will adopt the necessary measures to ensure the application of this provision of the Convention.

Article 26, paragraph 1(b).  The Committee notes the information provided by Government according to which competent inspectors either from the Labour Department or from the Harbours Authority and competent free-lance inspectors on behalf of the Government ensure that the relevant provisions are implemented. It recalls that this provision provides for the acceptance or recognition of competent persons, or national or international organizations between Members who have ratified the Convention under the conditions, make their continuance dependent upon satisfactory performance. The Committee hopes that the Government will supply with its next report information on the measures adopted to ensure the application of the Convention on this point.

Article 28.  The Committee takes note of the information provided by the Government in an earlier report that rigging plans are not mentioned in the National law. The Committee hopes that the Government will take the necessary steps to give effect to this provision of the Convention.

Article 33.  The Committee requests the Government to indicate the measures adopted or envisaged to protect workers against the harmful effects of excessive noise at the workplace, other than the provision of suitable protective appliances.

Article 36.  The Committee takes note of the information provided by the Government in its report that the Occupational Health Service Rules, 1985, provides for the application of this Article of the Convention. The Committee request the Government to supply more detailed information on the way in which this Article of the Convention is applied taking into consideration the particulars requested in the report form under this Article of the Convention.

Article 36, paragraph 2.  The Committee notes that section 38 of the Zanzibar Labour Act, 1997, provides that: "Any employee who enters into a written contract of service shall, in accordance with the procedure made by the Ministry of Health, undergo a medical examination at his own expense." It recalls that according to this provision of the Convention "All medical examinations and investigations carried out in pursuance of paragraph 1 of this Article shall be free of cost to the worker". Please indicate the measures taken or envisaged to amend the abovementioned legislation in order to bring it into line with the Convention on this point.

Article 37.  The Committee takes note of the information provided by the Government in its reports that there is no specific provision for the application of this Article. It also recalls that the Government, in a previous report, had indicated that the amendment to the National Law on Safety and Health would provide for the establishment of safety and health committees. The Committee requests the Government to take the necessary measures to ensure the application of this provision of the Convention.

Article 38.  The Committee takes note of the information provided by the Government in its report that there is no structured procedure to give effect to the Convention on these points. The Committee requests the Government once again to take action to bring the legislation into line with this provision of the Convention.

Article 38, paragraph 2.  The Committee recalls that the Government indicated that no person who is under the age of 18 shall be employed for the operation of lifting appliances. The Committee requests the Government to provide a copy of the relevant law which applies this provision of the Convention.

Article 41.  The Committee takes note of the information provided by the Government that inspections to ensure the implementation of the requirements contained in the Docks Rules, 1962, are carried out with emphasis on the statutory plant inspections. Please provide full details of the measures taken to comply with the requirements of this Article of the Convention.

Part V of the report form.  Please provide extracts from the reports of the inspection services, information on the number of workers covered by the legislation, statistics on and the nature of contraventions reported and the result of actions taken, and statistics on occupational accidents and diseases which could permit the evaluation of the manner in which the Convention is applied in practice.