Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Congo (Ratification: 1986)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and it will contain full information on the following matters raised in its previous direct request:

The Committee has taken note of the information supplied by the Government in its latest report.

1. Further to its previous comments, the Committee noted from the information supplied by the Government in its report for the period ending 30 June 1990 that a draft Order concerning safety and health in dock work has been prepared by the technical departments of the Ministry of Labour and Social Security and was to be submitted to the Technical Advisory Committee on Occupational Safety and Health for its opinion. The Committee hopes that the provisions of the above Order will ensure that effect is given to the provisions of the Convention, particularly Article 4 (objectives and areas to be covered by measures to be established by national laws and regulations, in accordance with the provisions of Part III of the Convention), Article 5 (responsibility of employers, owners, masters or other persons, as appropriate, for compliance with safety and health measures; duty of employers to collaborate whenever two or more of them undertake activities simultaneously at one workplace) and Article 7 (consultation of the organizations of employers and workers concerned by the competent authority when safety measures are adopted; collaboration between employers and workers in the application of such measures). The Committee hopes that provisions to give effect to the Convention will be adopted in the near future and that the Government will supply a copy of them as soon as they are adopted.

2. The Committee noted the Government's references, in its reports, to Orders No. 9036 respecting general safety and health measures, No. 9033/MTERFPPS/DGT/DS.HT respecting the organization and functioning of the socio-medical centres of enterprises in the People's Republic of the Congo and No. 9034/MTERFPPS/DGT/DSSHT laying down the procedures for the establishment of socio-medical centres which are common to several enterprises in the People's Republic of the Congo, dated 10 December 1986. Since the above texts, which the Government stated were included in the report for the period ending 30 June 1992, have not been received, the Committee would be grateful if the Government would provide a copy of them with its next report.

3. The Committee would be grateful if the Government would provide additional information on the following points:

Article 6. The Committee noted from the Government's report for the period ending 30 June 1992 that the internal instructions concerning the prevention of occupational risks, referred to by the Government in its first report, concern general health and safety measures, as laid down in Order No. 9036 mentioned above, and that as yet there are no specific instructions on safety and health in dock work. Pending reception of a copy of Order No. 9036, the Committee asks the Government to indicate any measures taken to ensure that dockworkers comply with the duties set out in paragraph 1 of this Article and that they have the right to participate in ensuring safety in the workplace in accordance with the procedures provided for in paragraph 2.

Article 13, paragraphs 1 and 3. The Committee noted from the information supplied by the Government in its report for the period ending 30 June 1992 that the committee responsible for licensing dangerous machines, estabished by Order No. 9031, is not yet in operation. The Committee asks the Government to indicate the means by which the application of these provisions of the Convention is ensured.

Article 14. The Committee noted from the Government's report for the period ending 30 June 1992 that there are no detailed safety regulations for electrical equipment. In view of the general provisions laid down in section 133 of the Labour Code, the Committee asks the Government to indicate all provisions that give effect to this Article, including those that contain standards recognized by the competent authority for electrical equipment and installations.

Article 34. The Committee noted the references in the Government's reports to the provisions of a collective agreement which establish that dockers must be supplied with adequate protective equipment in their working environment. The Committee again asks the Government to provide a copy of the above collective agreement and to indicate the measures taken to provide dockworkers with adequate individual protective equipment and clothing, and to require them to make proper use of them and to take care of them.

Article 35. The Committee noted the Government's reference in its report for the period ending 30 June 1992 to regulations on measures concerning the health of workers. The Committee asks the Government to provide a copy of the regulations in its next report and to indicate the measures taken, either under the provisions of the above regulations or by other means, to ensure that adequate facilities, including trained personnel, are readily available for the rescue of any person in danger, for the provision of first aid and for the removal of injured persons.

Article 36. The Committee noted the Government's reference to Order No. 9033 which establishes the procedures for medical examinations, and the necessary measures for the provision of an occupational health service, and provides that the company doctor is responsible for providing the workers with preventive health care and for averting of the risks of contagion. The Committee hopes that the Government would provide a copy of this text with its next report.

Article 37, paragraph 1. The Committee noted the information supplied by the Government in its report for the period ending 30 June 1992 to the effect that the provision establishing safety and health committees in enterprises has not yet come into effect in ports. It hopes that these committees will be set up in the near future in every port where there is a significant number of workers and that the Government will be able to indicate that this has been accomplished in its next report.

Article 38, paragraph 1. The Committee noted the information supplied by the Government in its report for the period ending 30 June 1992 to the effect that safety and health committees must be adequately informed about the risks relevant to the various aspects of dock work. Since, according to the same Government's report, these committees have not yet been established in ports, the Committee asks the Government to indicate how instruction and training of workers are ensured, in compliance with this provision of the Convention.

Article 40. The Committee noted the Government's reference in its last report to section 19 of Order No. 9036 of 10 December 1986 respecting general safety and health measures. It hopes that the Government will provide a copy of the Order with its next report.

4. With reference to its previous comments, the Committee asks the Government to indicate the specific measures taken to ensure the application of the following provisions of the Convention:

Article 8. Measures to protect workers from areas whch have become unsafe.

Article 9, paragraphs 1 and 2. Safety measures with regard to lighting and marking of dangerous obstacles.

Article 10, paragraphs 1 and 2. Maintenance of surfaces for traffic or stacking of goods and safe manner of stacking goods.

Article 11, paragraphs 1 and 2. Width of passageways and separate passageways for pedestrians.

Article 12. Adequate means for fighting fire.

Article 13. Measures for ensuring that power to any machinery is cut off in an emergency or when cleaning, maintenance and repair work are taking place; regulations concerning safety devices.

Article 15. Safe means of access to ships during loading and unloading.

Article 16, paragraphs 1 and 2. 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, paragraphs 1, 2 and 3. Access to a ship's hold or cargo deck.

Article 18, paragraphs 1, 2, 3, 4 and 5. Regulations concerning hatch covers.

Article 19, paragraphs 1 and 2. Protection around openings in decks, closing of hatchways when not in use.

Article 20, paragraphs 1, 2, 3 and 4. Safety measures when power vehicles operate 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. Regulations concerning strength, design and use of loose gear and slings.

Article 22, paragraphs 1, 2, 3 and 4. Testing of lifting appliances and loose gear.

Article 23, paragraph 1 and 2. Certification of lifting gear.

Article 24, paragraphs 1 and 2. Inspection of slings and loose gear.

Article 25, paragraphs 1, 2 and 3. Registration of lifting appliances and loose gear.

Article 26, paragraphs 1, 2 and 3. Members' mutual recognition of arrangements for testing and examination.

Article 27, paragraphs 1, 2 and 3. Marking lifting appliances with safe working loads.

Article 28. Rigging plans.

Article 29. Strength and construction of pallets for supporting loads.

Article 30. Safety measures for attaching loads to lifting appliances.

Article 31, paragraphs 1 and 2. Operation and layout of freight container terminals.

Article 32, paragraphs 1, 2, 3 and 4. 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. Regulations concerning excessive noise.

Article 38, paragraph 2. Minimum age limit for workers operating lifting appliances.

Article 39. Reporting procedures for occupational accidents and diseases.

Article 41. Duties in respect of occupational safety and health.

[The Government is asked to report in detail for the period ending 30 June 1994.]