Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) - Azerbaijan (RATIFICATION: 1992)

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Previous comments

Legislation. The Committee previously requested the Government to provide a copy of relevant pieces of regulation on occupational safety and health in seaports. It notes that the Government refers to the Law on Technical Safety adopted in 1999 setting general policy instructions on safety in the workplace, which are applicable to the port sector. It also notes the Law on Seaports, adopted in 2014, establishing rules of construction, opening and closing of seaports and regulating relations arising from merchant shipping in seaports. This Law contains provisions of a general nature on safety control in the port (section 13), requirements regarding the operator of maritime terminals and infrastructure assets of the port (section 14) and requirements for the transfer of dangerous goods (section 23). The Committee requests the Government to indicate whether the Law on Seaports is still in force, and whether it has been complemented by any specific regulation for the protection of workers against accidents during work performed on shore or on board ships for cargo loading and unloading. More generally, the Committee requests the Government to provide updated information on any rules or regulations setting safety and health directions for maritime or inland ports.

Application in practice. The Committee notes that the Government once again indicates that there is no statistical data available on the number of workers to whom the legislation applies. The Committee wishes to underline the importance of developing statistical systems and methodologies in order to obtain information on the port sector, including the number of dockworkers covered by the provisions of the Convention, the number and nature of contraventions reported and the number of occupational accidents reported. The collection of such data could assist the competent authorities in identifying occupational safety and health issues related to the specific and hazardous working environment that dock work represents. Therefore, the Committee reiterates its request to the Government to take steps to compile specific information on the number of occupational accidents among workers in ports and the number of inspections carried out by the State Labour Inspection Service in the port sector. The Committee expects the Government to provide detailed information in this regard.

Prospects for the ratification of the most up-to-date Convention. The Committee takes this opportunity to encourage the Government to follow up on 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 ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which is the most up-to-date instrument in this subject area. The Committee requests the Government to provide information on any measures taken in this regard.

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Legislation. The Committee notes the instructions on occupational safety for dockers and dock engineers at the main cargo terminal attached to the Government’s report. The Committee once again requests the Government to submit a copy of the Occupational Safety Regulations for Sea Ports approved by the Order of the Union of Soviet Socialist Republics (USSR) Ministry of Shipping of 10 July 1987 (RD 31.82.03-87) (1987 Safety Regulations), together with other relevant pieces of legislation, if possible, in one of the working languages of the ILO.

Articles 3(5) and 11(1)–(7), (9) of the Convention. Scope of application and provisions regarding loading operations in paragraphs 1–7 and 9. The Committee notes that, according to the Government’s report, competent authorities have not made any exceptions to Article 3(5). The Government also indicates that the national legislation does not provide for any exceptions under which hoisting gear can be loaded beyond the safe working load to the extent to which this is permitted. The Committee requests the Government to continue to provide any relevant information in this respect.

Article 18. Mutual recognition of arrangements made in their respective countries for testing, examining and annealing and of certificates and records relating thereto. The Committee notes that, according to the Government’s report, there are no reciprocal arrangements in place on the mutual certificates and records. The Committee requests the Government to continue to provide any relevant information in this respect.

Part V of the report form. Application in practice. The Committee notes the Government’s indication that there is no statistical data available on the number of workers to whom legislation applies, including on the implementation of the Convention. The Committee hopes that the Government will be able to supply relevant information to provide a complete picture of the application of the Convention in the country, for instance on the number, nature and causes of accidents reported etc.

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Application of the Convention and legislative reform. The Committee notes that the planned legislative changes to replace the instruments of the former USSR presently in force in Azerbaijan have not yet been instituted. The Committee has therefore examined available information regarding the effect given to the Convention in the country. The Committee notes that the Occupational Safety Regulations for Sea Ports approved by the Order of the USSR Ministry of Shipping of 10 July 1987 (RD 31.82.03-87) (1987 Safety Regulations) have only been available to the Committee in the form adopted in 1974. The Committee requests the Government to submit a copy of this text together with other relevant pieces of legislation, for examination by the Committee.

Taking into account that the legal and regulatory instruments in the former USSR that still remain in force in the country had previously been considered to give effect to most of the provisions of the Convention, but subject to a further more detailed examination of the application of the Convention once relevant legislation has been made available, the Committee requests the Government to provide further information as regards the application of the following articles of the Convention.

Article 3 of the Convention. Scope of application of national legislation. The Committee notes the information that the 1987 Safety Regulations do not apply to work related to reloading of liquid and gaseous loads transported in bulk without a container. The Committee requests the Government to provide further information regarding this exemption and, to the extent that this is a generally applicable exemption from the scope of application of national legislation, it requests the Government to consider an amendment of this provision in the context of the planned legislative reform.

Article 11. Provisions regarding loading operations in paragraphs 1–7 and 9. The Committee notes the absence of detailed information on effect given to Article 11(1)–(7) and (9) of the Convention. The Government is requested to provide further information on measures taken to give effect to these provisions of Article 11 of the Convention.

Article 18. Mutual recognition of arrangements made in their respective countries for testing, examining and annealing and of certificates and records relating thereto. The Committee notes the references made in the report submitted in 2007 to certain agreements on subject matters which appear to be unrelated to the provisions of Article 18. The Government is requested to provide further information on measures taken to give effect to Article 18 of the Convention.

Part V of report form. Application in practice. The Committee notes the absence of any information on the application of the Convention in practice and that such information appears particularly important in the context of the relative uncertainty regarding applicable laws and regulations. The Committee requests the Government to supply information on the manner in which the Convention is applied in practice by providing, for instance, extracts from inspectors’ reports and statistics on the number and nature of the recorded contraventions and of accidents reported.

The Committee welcomes the information that the Government is examining the possibilities to ratify the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152). The Committee requests the Government to provide further information on progress achieved in this respect.

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1. The Committee notes the information contained in the Government’s latest report.

2. The Committee notes that most of the legal and regulatory instruments giving effect to the Convention mentioned in the report were adopted in the 1970s and 1980s in the former USSR. The Committee also notes, however, that work is under way for the elaboration of the national standards and regulations which, once adopted, would replace the instruments of the former USSR presently in force in Azerbaijan. Against this background, the Committee takes this opportunity to recall that the Governing Body of the ILO has invited parties to Convention No. 32 to consider ratification of the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which revised Convention No. 32. Such ratification would automatically entail an immediate denunciation of Convention No. 32 (GB.286/LILS/5(Rev.1), paragraphs 99-101). The Committee would therefore like to encourage the Government to take the provisions of the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) into account in the context of this ongoing legislation reform, which would contribute to effective accident prevention for dockworkers in the country.

3. In the meantime, the Committee invites the Government to do its utmost to give full effect to the provisions of the Convention and, in this context, take into account the ILO’s newly adopted code of practice in this area, Safety and health in ports, Geneva, 2005. This code of practice is available on the ILO’s web site by the following link, http://www.ilo.org/public/english/protection/safework/
cops/english/index.htm. The Committee requests the Government to provide, in its next report, any information on the progress achieved in these respects.