Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 152) sur la sécurité et l'hygiène dans les manutentions portuaires, 1979 - Guinée (Ratification: 1982)

Autre commentaire sur C152

Observation

Demande directe

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The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). The Committee requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.

The Committee further notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.

Article 6(1)(a) and (b) of the Convention. Measures to ensure the safety of portworkers. The Committee notes that the Government indicates that sections 170 and 172 of the Labour Code, establishing that workers have a general obligation to use health and safety equipment correctly and that those responsible for workplaces have an obligation to organize appropriate practical training with regard to safety and hygiene issues for the benefit of workers, ensure the application of Article 6(1)(a) and (b) of the Convention. The Committee requests the Government to provide detailed information on the measures taken to ensure that these general provisions are applied to portworkers.

Article 7. Consultation with employers and workers. The Committee notes the information provided by the Government with regard to sections 288 and 290 of the Labour Code, which provide for the establishment of a consultative committee which is to be responsible, amongst other things, for issuing opinions and formulating proposals and resolutions on labour legislation and regulations and social laws. The Committee requests the Government to provide information on the application, in practice, of the measures taken to ensure the collaboration between workers and employers provided for in Article 7 of the Convention.

Article 12. Fighting fire. The Committee notes that sections 71, 72 and 76 of the Merchant Marine Code briefly touch upon the question of fire protection systems and equipment, but only in the context of inspections of vessels engaged in international voyages. The Committee requests the Government to take the measures necessary to ensure that appropriate and sufficient firefighting measures are made available for use wherever dock work is carried out.

Article 32(1). Dangerous cargoes. The Committee notes that section 174 of the Labour Code states, in general, that vendors or distributors of dangerous substances, as well as those responsible for workplaces where such substances are used, are required to mark and label them. The Committee requests the Government to indicate the measures taken to ensure the application, in practice, of this provision, which is general in scope, in the dock sector.

The Committee notes that the information provided by the Government in its report of May 2005 on the application of Articles 16, 18, 19(1), 29, 30, 35 and 37, are general in nature and do not permit the Committee to ascertain whether they are being applied in the dock sector. The Committee requests the Government to provide further information on the measures taken to ensure the application of Articles 16, 18, 19(1), 29, 30, 35 and 37, of the Convention and to attach copies of the relevant national laws and regulations.

The Committee notes that the Government’s report does not contain replies to its request for further information contained in the previous direct request regarding the application of Articles 19(2) and 33, of the Convention. The Committee requests the Government to provide the information requested, as well as information on the measures taken with regard to the application of these Articles.

The Committee notes that, in its report, the Government does not provide any clarification with regard to the measures taken to give effect to Article 6(1)(c), and Articles 2, 8, 9, 10, 11, 14, 15, 17, 20, 21, 22, 23, 24, 25, 26, 27, 28, 31, 32(2)–(5), and 34 of the Convention. The Committee requests the Government to take measures to ensure the application of these Articles and to provide information on any action taken in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.