Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) - Costa Rica (Ratification: 1979)

1. With reference to earlier comments in which it pointed out that the national legislation contains no special provisions on accident prevention for seafarers within the meaning of the Convention, the Committee notes that in its report the Government indicates that the Occupational Health Board - a body of the Ministry of Labour and Social Security - having completed the necessary formalities, an expert on health in the port sector has now begun work in Costa Rica on a plan for accident prevention in fishing vessels. The Committee recalls that the Convention applies to all persons who are employed in any capacity on board a ship, other than a ship of war, registered in a territory and ordinarily engaged in maritime navigation (Article 1 of the Convention).

The Committee hopes that the Government will do its utmost to adopt legislative, regulatory or other provisions in the very near future on the prevention of occupational accidents for seafarers, within the meaning of the Convention, and that they will give effect to paragraphs 2 and 3 of Article 4 of the Convention in respect of all seafarers. The provisions might take the form of occupational health regulations for the prevention and control of occupational risks, as was foreseen in section 283 of the Labour Code as amended by Act No. 6727 of 9 March 1982.

2. In comments it has been making for several years, the Committee has drawn the Government's attention to the need to adopt adequate measures to give effect to the following provisions of the Convention:

Article 7. (Appointment of suitable persons for the establishment of joint committees - as provided for in Decree No. 18379-TSS - to be responsible, under the Master, for accident prevention.)

Article 8. (Plans and programmes of the National Occupational Health Council in so far as they relate to the questions covered by the Convention.)

Since the Government's last report contained no information in this connection, the Committee once again expresses the hope that the Government will shortly be in a position to indicate the measures adopted to ensure the application of these provisions of the Convention, and asks it to report on any progress made in the matter.