Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the information supplied by the Government in its report. In particular, it notes with interest in regard to Article 7 of the Convention that under section 17 of Act No. 16.387 of 27 June 1993, as superseded by Act No. 16.736 of 5 January 1996, the minimum safe crew for each merchant vessel shall be determined by the competent authority. The operative crew shall be established by the shipowner with the agreement of the vessel’s master.

Further to its previous comments regarding Article 4, paragraph 3(h), of the Convention, the Committee notes that the Government will take into account the Committee’s comments indicating that adequate measures should be taken for the prevention of occupational accidents in the handling of dangerous cargo and ballast, as laid down in this provision of the Convention. The Committee recalls that, pursuant to paragraph 1 of this Article, provisions concerning the prevention of occupational accidents shall be laid down by laws or regulations, codes of practice or other appropriate means. Finally, the Committee again expresses the hope that the Government will adopt such measures as the Committee has been requesting since 1989.

Furthermore, the Committee notes that inspection programmes have not been carried out within the scope of the Convention and, finally, compliance with the provisions of the Convention in practice have not been ensured. The Committee recalls that in accordance with Article 6 the necessary measures shall be taken to ensure the proper application of the provisions of the Convention. The Committee therefore hopes that the Government will adopt appropriate measures to comply with the obligation set out in this Article of the Convention.

The Committee also hopes that, further to the adoption of these measures and the inspections carried out, the Government will be in a position to communicate information on the practical application of this Convention, for example by supplying 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 reported, etc., as required in Part V of the report form.