Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Repetition

The Committee notes the observations of the General Confederation of Lebanese Workers (CGTL), provided with the Government’s 2017 report, calling for Decree No. 11802 (of 3 January 2004) on the organization of occupational prevention, safety and health to be applied to port workers.The Committee requests the Government to comment on those observations.

With reference to its previous comments, the Committee notes the Government’s indications in its 2017 report that the Ministry of Labour requested information in July 2017 on the application of the Convention to the Directorate General of Land and Maritime Transport of the Ministry of Public Works and Transport. The Committee notes that no information has been received in this respect. The Committee is therefore bound to recall that its previous comments related to the following points:

Articles 4 and 5 of the Convention. Implementation of the provisions of the Convention. The Committee noted previously that, even though the provisions of the Convention became an integral part of national legislation by virtue of Decree No. 90 of 16 September 1983, they require the adoption of laws and regulations. In this regard, the Committee previously drew the Government’s attention to the ILO Code of practice on safety and health in ports (revised version of 2016) which could provide practical guidance for the drafting of national legislation on occupational safety and health in dock work.The Committee once again requests the Government to indicate how effect is given to these Articles of the Convention.

Article 7. Consultations by the competent authority of the organizations of employers and workers concerned, and collaboration between employers and workers. 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 previously noted 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 once again requests the Government to indicate the measures taken to ensure that provision is made, in all ports, for passageways of adequate width for vehicles and cargo-handling appliances, and for separate passageways for pedestrian use in accordance with this Article of the Convention.

Article 26. Mutual recognition of arrangements for testing and certification of lifting appliances and items of loose gear on a ship. The Government previously referred 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 a copy of Order No. 86/LR and to provide any other information it considers useful on the effect given to this Article of the Convention.

Article 38(2). Minimum age for the operation of lifting appliances and other cargo-handling appliances. The Committee previously noted from the information included in the Government’s 2007 report that it is prohibited to employ persons under the age of 17 to operate mobile machinery, lifting appliances and for all work which is hazardous in nature and which poses a danger to life or physical or mental health (Decree No. 700 of 25 May 1955). The Committee draws the Government’s attention to the fact that this Article of the Convention sets the minimum age for operating lifting and other cargo-handling appliances at 18.The Committee requests the Government to take the necessary measures without delay to comply with this requirement of the Convention in ports and to report any progress made in this regard.

The Committee recalls that it still does not have sufficient information from the Government on 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 are consulted); Article 3 (definitions); Article 6(1)(a) and (b), and (2) (measures to ensure the safety of port workers, 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 vehicle traffic and the safe stacking of goods); Article 12 (suitable and adequate means of firefighting); 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 20 (safety measures when power vehicles are operated 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 and loose gear); Article 22 (testing of 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 of lifting appliances with safe working loads); Article 28 (rigging plans); Article 29 (strength and construction of pallets for supporting loads); Article 30 (measures necessary for the 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 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 and diseases); 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); and Article 42 (time limits for the application of the Convention to the construction or equipping of ships, lifting appliances or loose gear).The Committee requests the Government to report in detail, with an indication of the applicable laws and regulations, on how those provisions of the Convention are given effect.

Part V of the report form. Application in practice.The Committee requests the Government to provide any information it considers relevant to enable a general assessment of the way in which the Convention is applied, including information on the number of port workers protected by the legislation, the number and nature of infringements reported, the measures taken as a result and the number of reported occupational accidents and diseases, and to provide the relevant extracts from the reports of the inspection services concerned.