Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) - Chile (RATIFICATION: 1935)

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The Committee takes note of the Government’s report and supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Article 17 of the Convention. Enforcement of any regulations prescribed for the protection of the workers against accidents. The Committee notes the detailed information provided by the Government regarding the legislative and regulatory framework which implements the provisions of the Convention. The Government indicates, in this respect, the examination of a number of proposed legislative amendments related to the management of ports formulated by the Port Labour Council, a body for dialogue and proposals established in January 2019 and composed of stakeholders in the port sector. The Committee also notes the various Government initiatives related to safety and health in port handling processes, including the development of a specific guide for ports in the context of the occupational disease recognition exercise of the Social Security Superintendence Authority (SUSESO); a regulation on port labour that defines, inter alia, the obligations of public port enterprises and private enterprises to implement an occupational safety and health management system; and the training of facilitators of the joint committees for port safety and health. The Committee requests the Government to continue providing information on any new text and regulation set out for the protection of port workers against accidents.

Part V of the report form. Application in practice. The Committee takes note of the statistical information provided by the Government relating to inspections carried out between 2017 and 2019. The Committee requests the Government to continue to provide information on the application of the Convention, in particular, when available, information on the number and nature of violations reported and the resulting action taken, and the number and nature of occupational accidents and diseases reported.

Prospects for the ratification of the most up-to-date Convention. Further to its previous comments, the Committee takes note that the Government reaffirmed its intention to submit to the Tripartite Commission established pursuant to the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) the Governing Body’s invitation to consider ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152). In addition, the Government indicates having availed itself of the Office’s technical assistance in January 2020 for the examination of any legislative gaps. The Committee invites the Government to provide information on any developments towards the ratification of Convention No. 152.

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The Committee notes the detailed information provided by the Government regarding the new legislative and regulatory framework, which implements the provisions of the Convention.

Part V of the report form. Application in practice. The Committee takes note of the statistical information provided by the Government relating to inspections carried out between 2017 and 2019. The Committee requests the Government to continue to provide information on the application of the Convention, in particular and, when available, information on the number and nature of violations reported and the resulting action taken and the number and nature of occupational accidents and diseases reported.

Prospects for the ratification of the most up-to-date Convention. Further to its previous comments, the Committee takes note that the Government reaffirmed its intention to submit to the Tripartite Commission established pursuant to the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) the Governing Body’s invitation to consider ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152). The Committee invites the Government to provide information on any developments in this regard.

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The Committee notes the information provided in the Government’s brief report including the view expressed that the present Convention would not be in conformity with present port techniques. With reference to its previous comments the Committee notes that legislative conformity with the Convention seems to be ensured, inter alia, through recently adopted legislation. The Committee also notes, however, the Government’s previous statement that it would submit the Governing Body’s invitation to contemplate ratifying the revising Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), to the Tripartite Committee set up under Convention No. 144 for tripartite consultations. The Committee also wishes to bring to the Government’s attention an ILO code of practice in this area, Safety and health in Ports, (Geneva, 2005). This code of practice is available, inter alia, through the ILO’s web site by following the link, http://www.ilo.org/public/english/protection/safework/cops/english/index.htm. The Committee yet again expresses the hope that the Government will keep the Office informed of any developments in this regard.

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1. The Committee notes with interest the information contained in the Government’s report. It notes in particular that, during the reporting period, the following legislation have been adopted: Resolution No. 96 of 11 December 1996 of the Port Enterprise of Chile updating and amending regulations on cargo handling and warehousing of dangerous cargo in ports; Supreme Decree No. 49 of 31 May 1999 of the Ministry of Labour and Social Affairs approving regulations on basic safety of port work; and Supreme Decree No. 113 of 15 November 1999 of the Ministry of Labour and Social Affairs amending Decree No. 49 of 1999.

2. Further to its previous comments, the Committee notes the information that the Government will submit, at the appropriate occasion, the ILO’s Governing Body’s invitation to States parties to Convention No. 32 to contemplate ratifying the revising Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), to the Tripartite Committee set up under Convention No. 144 for tripartite consultations. The Committee hopes the Government will keep the Office informed of any developments in this regard.

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1. Article 11, paragraph 7, of the Convention. The Committee notes the Government's reply to its previous comments. In particular it notes that the vessels calling at Chilean ports are general cargo ships, bulk carriers and container ships that have hatches that are of large dimensions that permit safe movement of goods during loading and unloading operations. Actually goods are currently handled not manually in individual packages or bundles such as bales of cotton, barrels, sacks or bags etc., but mechanically in unitized forms, on pallets or in containers. This has considerably reduced not only accidents but also thefts and cargo deterioration. The Government therefore considers it unnecessary to provide for this type of operation that does not exist in its ports.

2. Point V of the report form. The Committee notes the Government's reply to its previous request for information concerning the practical application of the Convention, such as summaries of inspection reports, data on the number of workers covered by the legislation, etc. It notes the statement that due to the same reasons provided in answer to the points raised under Article 11, paragraph 7, of the Convention above, no relevant statistics have been collected, and there is no inspection on the use of such equipment and on the exposure of dockworkers to such risks.

3. The Committee takes note of this situation and would like to refer the Government to the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) which revises Convention No. 32 of 1932 and thus may be more adapted to the current state of work in Chilean ports. It wishes to draw the Government's attention to the ILO's Governing Body's invitation to States parties to Convention No. 32 to contemplate ratifying Convention No. 152, the ratification of which, ipso jure, will involve the immediate denunciation of Convention No. 32 (document GB.268/8/2).

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The Committee has taken note of the information supplied by the Government in its report and of the text of the "Instructions on Safety and Health in Seaport Work" communicated as an annex to the report.

1. Article 11, paragraph 7, of the Convention. In the comments which the Committee has been making since 1965 it has pointed out to the Government the need to take measures to ensure the application of this provision of the Convention.

In its latest reports (of 1987 and 1991), the Government refers to some provisions of the "Instructions on Safety and Health in Seaport Work". The Committee observes that the sections mentioned by the Government contain the provisions concerning persons suitable for work with ship loading and unloading machinery and concerning the general principles for the use of handling gear with such machinery. The above-mentioned provision of the Convention spells out the special requirements for a specific case, namely: that in which the working space in a hold is confined to the square of the hatch, in which case it is unlawful to make hooks fast in the fastenings of bales of cotton or similar goods and to use can-hooks for raising or lowering a barrel when their use is likely to be unsafe.

The Committee hopes that the Government will not fail to adopt, in the near future, the appropriate measures to give effect to the above-mentioned provision of the Convention; it requests the Government to inform it of all progress made in that respect.

2. Item V of the report form. The Committee takes note of the Government's statement in its report that it does not keep statistics in the required form in view of the unimportance of the cases observed, which represent no more than minor misconduct. The Committee trusts that the Government will supply it in its next report with any information at its disposal concerning the practical application of the Convention, for example summaries of inspection reports, data on the number of workers covered by the legislation, etc.

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1. The Committee takes note of the reply of the Government to its previous comments and notes the information concerning the application of Article 5, paragraph 4, and Article 9, paragraphs 3 and 7 of the Convention.

2. With respect to Article 11, paragraph 7 on which comments were also made, the Government refers to the "Instructions on Safety and Hygiene in marine and port work" (Instrucciones sobre seguridad e higiene en los trabajos maritimo - portuarios) which contain provisions giving effect to the Convention on this point. The Committee requests the Government to supply the text of the Instructions in question in its next report as well as information on the practical application of the Convention, including statistical data in accordance with point V of the report form of the Convention.