Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) - Ukraine (RATIFICATION: 1970)

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The Committee notes that the Government refers to new regulations giving effect to the provisions of the Convention, in particular, the Minimum safety and health requirements for workers performing work at sea ports (No. 33/35655 of 12 January 2021), and the Labour protection rules for the use of cargo cranes, hoisting units and related equipment (No. 244/31696 of 27 February 2018). Observing that the Government has not provided these regulations, the Committee recalls that it had repeatedly requested the Government to provide a copy of the legislative and regulatory texts it has referred to in its successive reports, including the Safety and Health Regulations for Workers at Maritime Fishing Port (No. 12/13279 of 11 January 2007) and Order No. 166-r of the Council of Ministers of 10 March 2017. The Committee urges the Government to supply a copy of the above-mentioned as well as any other legislative and regulatory texts that give effect to the Convention. Having this set of texts at its disposal will enable the Committee to gain a better appreciation of the implementation of the Convention.

Article 17(2) of the Convention and Part V of the report form. Application in practice. In its previous comment, the Committee had noted the Government’s indication that the maritime ports and the ports on the Azov Sea have deteriorated significantly and are at risk of causing accidents and endangering the lives of dockworkers. Mindful of the exceptional circumstances in which the ports on the Azov Sea are operating, the Committee requests the Government to provide up-to-date information on the measures taken or envisaged to improve the safety of the facilities at the ports in question and ensure the protection of dockworkers against accidents. More generally, the Committee requests the Government to provide any up-to-date statistical information on the number and nature of accidents reported in the country’s ports, the number and nature of contraventions of the regulations reported by the inspection, and any information it considers relevant on the implementation of the Convention in practice.

Prospects for the ratification of the most up-to-date Convention. The Committee encourages 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 area. The Committee requests the Government to indicate any measures adopted in this regard.

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The Committee notes the information provided by the Government concerning the implementation of Articles 4, 6 and 12 of the Convention. It notes that the Government has not provided a copy of the many legislative and regulatory texts it has referred to in its successive reports since 2003, despite the repeated requests of the Committee. The Committee therefore once again requests the Government to provide a copy of the legislative and regulatory texts giving effect to the Convention referred to in its previous reports, including the Safety and Health Regulations for Workers at Maritime Fishing Ports and Order No. 166-r of the Council of Ministers of 10 March 2017, to which it refers in its last report. Having this set of texts at its disposal will enable the Committee to gain a better appreciation of the implementation of the Convention.

Part V of the report form. Application in practice. The Committee notes with concern the Government’s indication that the maritime ports and the ports on the Azov Sea have deteriorated significantly and are at risk of causing accidents and endangering the lives of dockworkers. The Government deplores the loss of the construction plans of certain ports and the absence of certificates of technical condition and information on the maintenance of cranes, hoisting machines or safety mechanisms. The Committee, aware of the exceptional circumstances in which the ports on the Azov Sea are currently operating, hopes that the Government will be in a position to provide information on the measures adopted to improve the safety of the facilities at the ports in question and ensure the protection of dockworkers against accidents. More generally, the Committee requests the Government to continue providing statistical information on the number and nature of accidents reported, and any information it considers relevant on the implementation of the Convention in practice.

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 area. The Committee requests the Government to indicate any measures adopted in this regard.

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The Committee notes that the Government’s report provided a list of laws and regulations related to the application of the Convention. The Committee notes that this information does not enable to gain a full picture of the application of the Convention. The Committee therefore requests the Government to provide detailed information on the provisions of the relevant legislation giving effect to each of the paragraphs of the Articles of this Convention.

Part V of the report form. Application in practice. The Committee requests the Government once again to provide a general appreciation of the manner in which the Convention is applied in the country, including information regarding inspection on activities covered by the Convention and the result of these inspections, and the number and nature of infractions noted.

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1. The Committee notes the Government’s report submitted in 2007 including reference to the Regulations on the protection of workers in maritime fishing ports adopted on 18 December 2006 (Reg. No. 12/13279), which is not available to the Committee. The Committee also refers to its previous comment requesting the Government to supply copies of all the legal and regulatory texts quoted in its report submitted in 2003. The Committee renews its request to the Government to supply copies of all the legal and regulatory texts quoted in its reports submitted in 2003 and 2007 to enable the Committee to determine the extent to which the Convention is applied in the country.

2. Part V of the report form. Application in practice. The Committee also requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including information regarding inspections of activities covered by the Convention and the result of these inspections, and the number and nature of infractions noted.

3. The Committee takes the opportunity to recall that the Governing Body of the ILO has invited parties to Convention No. 32 to consider ratification of Convention No. 152, which revised Convention No. 32 (GB.268/LILS/5(Rev.1), paragraphs 99–101). Such ratification would automatically entail an immediate denunciation of Convention No. 32. 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 Government is requested to keep the Committee informed of any developments in this respect.

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The Committee notes the information provided by the Government in its latest report. The Committee takes note of extracts from the national laws and regulations which are communicated in the Government’s report and which give effect to the Convention. The Committee requests the Government to supply with its next report copies of all the legal and regulatory texts quoted in its last report.