Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Repetition

The Committee notes the information supplied by the Government in its reports on the application of the Convention including information provided by the Ministry of Public Works and Transport, Directorate General of Land and Maritime Transport, in the form of two letters (No. 4772/6) of 24 June 2006, and (No. 4269/6) of 6 July 2007, respectively.

Articles 4 and 5 of the Convention. Implementation of the provisions of the Convention. The Committee notes the information contained in the Government’s report according to which “ratified international Conventions and Treaties and their publication confer to their provisions the force of law. If the provisions of international Conventions and Treaties conflict with the provisions of national law, the former take precedence over the latter” (Act on the Procedures of Civil Cases/Legislative Decree No. 90 of 16 September 1983, as amended). In this regard, the Committee would recall that international labour Conventions are not self-executing instruments, and thus ratifying States are under the obligation to take the necessary measures to bring their national laws and practice into conformity with the provisions of those Conventions. More specifically, the provisions of Convention No. 152, even if they become part of national legislation by virtue of the said Decree No. 90, require the adoption of laws and regulations as required by the provisions of the Convention. In this context, the Committee draws the Government’s attention to the ILO code of practice on safety and health in ports (2005), which could be a basis of the future drafting of national legislations on occupational safety and health in dock works. This code of practice is available, inter alia, through the ILO’s website by following the link, http://www.ilo.org/public/english/protection/safework/ cops/english/index.htm. Therefore, the Committee requests the Government to indicate how effect is given to the provisions of the Convention.

Article 7. Provisions under which the competent authority consults the organizations of employers and workers concerned, and collaboration between employers and workers. The Committee notes the information contained in the Government’s report that the Government found inadequate the indications given by the Administration of Ports on the application of the provisions of this Article. The Committee requests the Government to provide information on measures taken or envisaged to give effect to this Article of the Convention.

Article 11. Adequate width of passageways and separate passageways for pedestrians. The Committee notes the Government’s statement that the width of passageways permitting the safe use of vehicles and cargo-handling appliances differed from port to port, and that in general they were all inadequate. The Committee requests the Government to indicate the measures taken to ensure that provisions are made for passageways of adequate width for vehicles and cargo-handling appliances, for ensuring separate passageways for pedestrian use in accordance with this Article of the Convention.

Article 26. Mutual recognition of arrangements for testing and examination. The Committee notes the information in the Government’s report, which includes reference to section 2 of Order No. 86/LR of 3 May 1939 on maritime safety without any further indications on how effect is given to this Article of the Convention. The Committee requests the Government to provide copy of this Order in order to assess the application of this Article of the Convention.

Article 38(2). Minimum age for handling lifting and other cargo-handling appliances. The Committee notes the information contained in the Government’s report according to which it is prohibited to employ persons before 17 years of age on mobile machinery, lifting appliances on work which is hazardous by its nature, and which poses danger to their lives, health or morals. In this regard, in accordance with Decree No. 700 of 25 May 1955 on prohibition of employment of persons under 17 years old on mobile machinery, lifting appliances on work which is hazardous by its nature, and which poses danger to their lives, health or morals. The Committee draws the attention of the Government that this Article of the Convention requires a minimum age for handling lifting and other cargo-handling appliances is 18 years old. Therefore, the Committee requests the Government to indicate how effect is given to the provisions of the Convention.

The Committee notes that, in its report, the Government does not provide any clarification with regard to the measures taken to give effect to the following provisions of the Convention: Article 1. Definition of “dock work” and the manner in which employers’ and workers’ organizations concerned were consulted; Article 3. Definition; Article 6(1)(a) and (b), and (2). Measures to ensure the safety of portworkers, and consultation of workers concerning working procedures; Article 8. Measures to protect workers from health risks other than dangerous fumes; Article 9. Safety measures with regard to lighting and marking of dangerous obstacles; Article 10. Maintenance of surfaces for traffic or stacking of goods and safe manner of stacking goods; Article 12. Suitable and adequate means for fighting fire; Article 13. 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 16. 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. Access to the hold or deck of a vessel; Article 18. Regulations concerning hatch covers; Article 19. Protection around openings and decks, closing of hatchways when not in use; Article 20. 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. Design of lifting appliances, loose gear and lifting devices; Article 22. Testing every lifting appliance and every item of loose gear after any substantial alteration or repair to any part liable to affect its safety; periodical testing of lifting appliances; retesting of shore-based lifting appliances, and certification of tests carried out; Article 23. Thorough examination and certification of every lifting appliance and every item of loose gear; Article 24. Inspection of loose gear and slings; Article 25. Registers of lifting appliances and loose gear; Article 27. Marking lifting appliances with safe working loads; Article 28. Rigging plans; Article 29. Strength and construction of pallets for supporting loads; Article 30. Raising and lowering of loads; Article 31. Operation and layout of freight container terminals and organization of work in such terminals; Article 32. 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. Protection against excessive noise; Article 35. Removal of injured persons; Article 36. Medical examinations; medical examinations are to be carried out free of cost to the worker, and confidentiality of the records of medical examinations; Article 37. Safety and health committees; Article 39. Notification of occupational accidents; Article 40. Regulations concerning suitable sanitary and washing facilities; Article 41(a) and (b). Assigned duties in respect of occupational safety and health, and appropriate penalties; Article 42. Time limits for the application of the Convention to the construction or equipping of ships, lifting appliances or loose gear. Therefore, the Committee requests the Government to indicate how effect is given to these provisions of the Convention.

Part V of the report form. Application in practice. The Committee notes that the Government’s report does not contain any information regarding the application in practice of the provisions giving effect to the Convention. It accordingly requests the Government to give a general appreciation of the manner in which the Convention is applied in Lebanon and provide information on the number of workers covered by laws giving effect to the Convention, the number and nature of contraventions reported, the resulting action taken and the number of occupational accidents and diseases reported, and attach relevant extracts from the reports of the concerned inspection services.