Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. The Committee notes the detailed information provided by the Government in its first and second reports. It requests the Government to supply clarifications and supplementary information with respect to the following points.

2. Article 1 of the Convention. Scope of application. The Committee notes that the provisions of the Working Conditions Act (Arbeidsomstandighedenwet) of 18 March 1998 (as amended until 1 November 1999) (WCA), and the Working Conditions Decree (Arbeidsomstandighedenbesluit) of 22 May 1997 (as amended until 10 September 1999) (WCD), apply to the work of loading and unloading of ships. Please clarify whether the WCA and the WCD also cover all work incidental to the loading and unloading of ships.

3. Article 2. Exemptions and tripartite consultations. Please indicate: (i) the measures taken to ensure that safe working conditions are maintained when the exemptions under subsection 4 of section 7.37 and section 9.18 of the WCD are applicable; (ii) the manner in which the employers’ and workers’ organizations concerned were consulted regarding these decisions; and (iii) the reasons for which these exemptions have been made.

4. Article 3(e) to (h). Definitions. Please indicate the provisions of national legislation under which the terms "lifting appliance", "loose gear", "access" and "ship" have been defined.

5. Article 4, paragraph 3. Practical implementation through technical standards or codes of practice. The Committee notes that the implementation of the requirements prescribed in paragraph 1 of Article 4 is assisted by the Working Conditions Policy Rules, 1999 (Beleidsregels Arbeidsomstandighedenwetgeving) of October 1999 (WCPR), a technical standard. In this context, the Committee wishes to draw the attention of the Government to the ILO code of practice on safety and health in ports published in 2005 (online at http://www.ilo.org/public/english/protection/safework/cops/english/) .

6. Article 6, paragraph 2. Consultation of workers concerning working procedures. Please indicate the measures taken to give effect to the requirement of the provision that workers be given the opportunity of expressing their views on the working procedures adopted as they affect safety.

7. Article 7, paragraph 2. Collaboration between employers and workers. Please indicate the measures taken to ensure close collaboration between employers and workers or their representatives in the application of the measures referred to in Article 4, paragraph 1, of the Convention.

8. Article 11, paragraph 1. Adequate width of passageways. Please indicate the measures taken to ensure that passageways of adequate width are left to permit the safe use of vehicles and cargo-handling appliances.

9. Article 15. Safe means of access to ship during loading or unloading. Please describe the measures taken to provide safe means of access when a ship is being loaded or unloaded alongside a quay or another ship.

10. Article 16, paragraph 1. Transport of workers to or from a ship. Please indicate the measures taken when workers have to be transported to or from a ship or other place by water, to ensure their safe embarking, transport and disembarking and the conditions to be complied with by vessels used for the purpose.

11. Article 17, paragraph 1(b). Access to the hold or deck of a vessel. Please indicate the manner in which the competent authority determines the acceptability of "other proper means of access" referred to in subsection 1 of section 7.24 of the WCD relating to access to the hold or deck of a vessel.

12. Article 18, paragraph 1. Construction of hatch covers or beams. The Committee notes that section 3.2 of the WCD generally provides that workplaces should be equipped and maintained in such a manner that danger to the health and safety of employees is avoided as much as possible and that subsections 1 and 2 of section 7.4 of the WCD require work equipment to consist of sound materials and to be constructed properly. Please indicate the specific measures taken to give effect to the requirement that no hatch cover or beams shall be used unless they are of sound construction, of adequate strength for the use to which they are to be put and properly maintained.

13. Article 20, paragraph 4. Safe loading or unloading from holds, ’tween decks, bins or hoppers. Please indicate arrangements made for the safety of persons, including arrangements for safe means of escape, when dry bulk cargo is being loaded or unloaded in any hold or ’tween deck or when a worker is required to work in a bin or hopper on board ship.

14. Article 21(a). Design of lifting appliances, loose gear and lifting devices. Please indicate the measures taken to give effect to the requirement that every lifting appliance, every item of loose gear and every sling or lifting device forming an integral part of a load shall be of good design.

15. Article 22, paragraph 2. Testing of lifting appliances. Please indicate how Article 22, paragraph 2, is applied in practice.

16. Article 22, paragraph 4. Examination and certification of tests carried out. Please indicate whether a ministerial order has been issued under subsection 9 of section 7.19 of the WCD, as indicated in the report and in that case, please submit a copy of that ministerial order.

17. Article 24. Inspection of loose gear and slings. Please indicate the measures taken to give effect to the requirement that every item of loose gear be regularly inspected before use, that in the case of pre-slung cargoes, the slings be inspected as frequently as reasonably practicable and that a responsible person be appointed for such purposes.

18. Article 25, paragraph 3. Examples of certificates granted or recognized as valid. Please furnish samples of the registers and certificates which are required to be maintained under this Article.

19. Article 26, paragraphs 1(b) and 2. Certification and safe use of lifting appliances. Please indicate the measures taken for the recognition of arrangements made by other Members for the testing, examination, inspection and certification of lifting appliances, items of loose gear or other cargo-handling appliances and for conditioning the use of lifting appliances, items of loose gear or other cargo-handling appliances on measures taken to establish that they can be used safely.

20. Article 29. Safe use of pallets and similar devices. Please indicate the measures taken to ensure that pallets and similar devices for containing or supporting loads are free from visible defects liable to affect their safe use.

21. Article 31, paragraph 2. Safe lashing or unlashing of containers. Please indicate the means provided for ensuring the safety of workers when lashing or unlashing containers.

22. Article 32, paragraphs 3 and 4. Safe handling of dangerous substances. Please indicate the measures taken to give effect to the requirement that when receptacles or containers of dangerous substances are broken or damaged to a dangerous extent, dock work, other than that necessary to eliminate danger, shall be stopped in the area concerned and the workers removed to a safe place until the danger has been eliminated, as well as measures taken to prevent the exposure of workers engaged in dock work to toxic or harmful substances or agents or oxygen-deficient or flammable atmospheres.

23. Article 35. Removal of injured persons. Please indicate the measures taken to give effect to the requirement of the provision that adequate facilities be readily available for the rescue of any person in danger and for the removal of injured persons in so far as is reasonably practicable without further endangering them.

24. Article 36, paragraph 1. Medical examinations. The Committee notes that the Government refers, on the one hand, to the general requirement for periodic medical examinations of employees in section 18 of the WCA and, on the other hand, to the provisions in sections 4.22-23, 4.35, 4.52 and 6.10 of the WCD concerning the medical examination of employees exposed to certain specific hazards. Please indicate how effect is given to the requirements to provide for medical examinations in Article 36, paragraph 1, of the Convention.

25. Article 37, paragraphs 1 and 2.  Safety and health committees. The Committee notes that sections 12 and 15 of the WCA and sections 4.24, 4.46, 4.47 and 4.50 of the WCD refer to works councils. Please provide further information on how the provisions concerning works councils are applied in practice giving effect to Article 37, paragraphs 1 and 2.

26. Article 38, paragraph 2. Minimum age for handling lifting and other cargo handling appliances. Please indicate the measures taken to ensure that lifting appliances and other cargo-handling appliances are operated only by persons who are at least 18 years of age and who possess the necessary aptitude and experience or persons under training who are properly supervised.

27. Article 39. Notification of accidents. The Committee notes that the notification requirement under section 9(1) of the WCA is limited to accidents resulting in "serious physical or mental injury" and that no such limitation is provided for in Article 39. Please indicate the measures taken or envisaged to give full effect to this provision of the Convention. Please also submit copies of the ministerial orders issued under section 2.1 of the WCD concerning the information which ought to be supplied in the written notification of accidents and occupational diseases under sections 9(1) and 9(2) of the WCA, respectively.

28. Article 41(a). Assigned duties in respect of occupational safety and health. Please indicate the measures taken to give effect to the requirement to specify the duties in respect of occupational safety and health of persons and bodies concerned with dock work in Article 41(a) of the Convention.

29. Part V of the report form. The Committee notes the Government’s information regarding the application in practice of the provisions giving effect to the Convention. It notes the information that 284 stevedoring companies perform dock work in the country and, between 1 January 1999 and 1 November 1999, the Labour Inspectorate performed an inspection project on stevedores and that 106 inspections were performed in this period. The inspections found that the most frequent violations were: (a) absence of a risk evaluation; (b) insufficient maintenance of means of transport; (c) risks of falling from a height; (d) absence of working times registration; and (e) absence of or unused personal protective equipment. The Committee also notes that 76 official warnings and eight official reports were issued on the basis of these inspections. Please provide information on the measures taken by the Labour Inspectorate to address the concerns raised in the Government’s report and to continue to provide information on how the Convention is applied in practice.