Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) - Belgium (RATIFICATION: 1952)

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Part V of the report form. Application of the Convention in practice. The Committee notes the detailed statistics concerning occupational accidents in all maritime ports and inland ports from 2015 to 2021. The Committee notes the Government’s indication that the data of the Federal agency for occupational risks (Fedris) are established on the basis of the Statistical Classification of Economic Activities in the European Community (NACE) code 52241, which includes dock work, but that dockworkers may be registered under other sub-sectors of NACE code 52, when the enterprise in which they were victim to an occupational accident is not classified in the appropriate activity sector, or when their main activity sector is located in another sector. However, most accidents involving dockworkers are registered under NACE sector code 52241. In the light of the statistics, the Committee notes that the total number of accidents per year recorded by Fedris fell slightly from 952 cases in 2015 to 524 cases in 2021 and are located mainly in the provincial ports of Anvers and East Flanders. The Committee requests the Government to continue to provide statistical data on the occupational accidents recorded in national ports, as well as all other relevant information so that it can assess the application of the Convention in practice. It requests the Government to provide, for example, if available, extracts of the inspection reports on the number and nature of the violations detected, and to indicate, where relevant, any measures taken to further reduce the number of accidents.

Prospects for the ratification of the most up-to-date Convention. The Committee notes the indication that the ratification of the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) is being examined and requires the collaboration of various federal and regional public services. The Committee invites the Government to provide information on any new development in this regard.

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Part V of the report form. Application of the Convention in practice. The Committee takes note of the statistics relating to the number of occupational accidents at Zeebrugge port from 1996 to 2016. The Committee requests the Government to continue to provide statistical data on the number of occupational accidents recorded in national ports, as well as all other relevant information so that it can assess the application 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 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 requests the Government to report any measures taken in this regard.

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Article 9(2)(2) of the Convention and Part V of the report form. Measures taken to ensure the safe functioning of hoisting machines, and all fixed-gear accessory thereto; and application of the Convention in practice. The Committee notes with interest the detailed information provided regarding the preventive measures introduced by way of collective agreement to improve the safety of dockworkers in the port of Zeebrügge in close consultation with all the relevant stakeholders. The Committee notes, in particular, the emphasis on regular meetings to discuss preventive measures, inter alia, by learning from experiences gained within the port of Zeebrügge as well as at other ports in the country; the necessity to continuously train dockworkers; and the detailed examination and follow-up of accidents which have occurred. The Committee requests the Government to continue to provide information on the impact of the measures taken. It also requests the Government to provide statistical information on the number of occupational accidents in ports, including dangerous incidents, and to supply any other relevant information enabling an assessment of the practical application of the Convention.

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1. The Committee notes the information in the Government’s report, in particular the numerous Royal Orders adopted since 2002 in the area of occupational safety and health. The Committee also notes the Government’s statement that the labour inspectorate was restructured on 1 April 2004 and that the department responsible for monitoring occupational welfare (CBE) is now part of the Federal Public Service for Employment, Labour and Social Dialogue, but that this restructuring has not produced any changes in inspection practices with regard to the protection of dockworkers. The Committee takes this opportunity to draw the Government’s attention to the code of practice entitled Safety and health in ports (Geneva, 2005), recently adopted by the ILO. The code is available on the ILO web site at the following address: http://www.ilo.org/public/english/
protection/safework/cops/english/download/f_ports.pdf.

2. Article 9, paragraph 2(2) of the Convention and Part V of the report form. Measures taken to ensure the safe functioning of hoisting machines and all fixed gear accessory thereto; and application in practice of the Convention. The Committee notes the Government’s information with regard to an accident that occurred in the port of Zeebrugge, when a container fell from a crane, and that the investigation into this accident revealed technical defects in installations, particularly cranes. The Committee notes that, according to the Government’s report, inspection visits in ports are regular and have always been carried out in the presence of an adviser, but that comments made in writing against enterprises do not appear to be followed up with the imposition of penalties. The Committee also notes that the overall statistics concerning the number of industrial accidents in ports are not available. The Committee would like to emphasize the importance of the collection of this information in order to be able to assess the manner in which the Convention is applied in practice in the country. The Committee requests the Government to supply further information on the impact of the measures taken to improve the safety of dockworkers in the port of Zeebrugge, and encourages the Government to collect statistical information on the number of industrial accidents in ports, including dangerous incidents, and requests it to supply any other relevant information enabling an assessment of the practical application of the Convention.

3. The Committee takes this opportunity to remind the Government that the ILO Governing Body invited the parties to Convention No. 32 to consider the ratification of the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which revises Convention No. 32 (document GB.268/LILS/5(Rev.1), paragraphs 99–101). Such ratification would automatically entail the immediate denunciation of Convention No. 32. The Government is requested to keep the Committee informed of all progress made in this respect.