Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 32) sur la protection des dockers contre les accidents (révisée), 1932 - Algérie (Ratification: 1962)

Autre commentaire sur C032

Observation

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Articles 12, 13 and 15 of the Convention. Specific legislation on the protection of dockworkers against accidents. The Committee recalls that its comments for more than 30 years have addressed the need for the Government to adopt a legislative or regulatory text giving full effect to Articles 12, 13 and 15 of the Convention. In this regard, the Government has made reference since 1992 to the possibility of adopting a text specifically covering dock work pursuant to Act No. 88-07 of 26 January 1988 on occupational health, safety and medicine, section 45(2) of which provides that specific requirements relating to certain sectors and certain work arrangements shall be determined by regulation.

In its previous comments, the Committee indicated that the existence of a list of jobs determined by collective agreements, including jobs that involve handling, does not meet the requirements of the Convention. It also observed that the various executive decrees adopted pursuant to Act No. 88-07 successively mentioned by the Government were broad in scope and had no direct impact on the application of the Convention.

The Committee notes that in its report of 2018, the Government refers, in relation to the implementation of the Articles of the Convention, to Executive Decree No. 91-05 of 19 January 1991 on the general protection requirements applicable with regard to occupational health and safety and, also, to Executive Decree No. 93-120 of 15 May 1993 on the organization of occupational medicine. While the Committee recognizes that compliance with these decrees contributes to the implementation of the Convention, it remains of the opinion that the full application of the Convention requires the adoption of a specific text on dock work to prevent occupational hazards.

The Committee regrets that no text has yet been adopted in this regard despite the time that has elapsed and its repeated comments. The Government indicates in its latest report that, as part of its approach to updating laws and regulations on occupational health and safety, the Committee’s recommendations on the protection of dockworkers will be taken into account in consultation with the relevant stakeholders and occupational hazard control and prevention bodies. The Committee urges the Government to take the necessary measures, without further delay, to adopt the laws or regulations on the protection of dockworkers against accidents in order to give full effect to the Convention, or at least to provide specific information on the guidelines adopted and deadlines established in this regard, including in connection with updating the texts relating to occupational safety and health. The Committee reminds the Government that it can avail itself of the technical assistance of the Office in this regard.

Article 17 of the Convention and Part V of the report form. Labour inspection and occupational accidents. The Committee notes the Government’s indication that the combined efforts of actors in the sector with regard to the prevention of occupational hazards have contributed to greatly reducing the number of occupational accidents reported to the National Social Insurance Fund for Salaried Employees (CNAS) for all ports, from 262 in 2015 to 120 in August 2018. The Government further states that the 2018 Finance Act (Act No. 17-11 of 27 December 2017) has increased penalties in cases of negligence or non-compliance with occupational safety, health and medicine rules by management. The Committee requests the Government to continue to provide specific and detailed information on the manner in which the Convention is applied, including relevant reports from the inspection services and details on the number of inspections carried out, the number of violations detected and the nature and causes of accidents recorded.

Prospects for the ratification of the most up-to-date Convention. The Committee encourages the Government to consider the decision adopted by the Governing Body at its 328th Session (October–November 2016) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider the possibility of ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which is the most up-to-date instrument in this area. The Committee reminds the Government that it can avail itself of the technical assistance of the Office in this regard.