Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

1. The Committee notes the Government’s reports, according to which, with a view to ensuring the application in practice of Articles 4, 5, 7 and 8 of the Convention and bringing its legal provisions into conformity with the principles of the ILO, the Government has suggested that the National Insurance Institute might seek the technical assistance of the ILO Subregional Office with a view to finding a solution which is in accordance with the comments made by the Committee.

The Committee hopes that, with the technical assistance of the ILO, the Government will adopt the necessary provisions in the near future concerning the prevention of accidents for seafarers (Article 4), the appointment of persons or of technical  committees (Article 7) and on programmes for the prevention of occupational accidents (Article 8). With regard to this latter Article, the Committee notes with interest that, in the context of the strategy initiated by the National Insurance Institute, the first workshop on preventive management and occupational health in fishing was held in September 2003.

2. Article 2 of the Convention and Part V of the report form. The Committee notes the information provided by the National Insurance Institute concerning 16 cases of fatal accidents to seafarers (including four relating to the water transport service and coastal transport) which occurred in the second half of 2003.

It also notes the information on the incidence of accidents and their causes in 2002, which refers to a number of factors causing the accidents reported (musculoskeletal problems of a physiological nature related to the need for too much effort, the workload and stacking, as well as deficiencies related to negligence). It notes that the National Insurance Institute only publishes occupational risk statistics for seafarers related to the incidence of accidents, while maintaining for its internal purposes the data provided by employers, and that the Government does not have available statistics on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken. The Committee therefore hopes that, in accordance with Article 2, paragraph 1, of the Convention, the Government will take the necessary measures to compile and analyse the information requested and hopes that it will provide this information in due course.

3. Article 5. The Committee notes that despite the absence of provisions (such as checklists of recommendations or other specific measures) concerning the prevention of accidents, the Government has adopted and implemented measures for training and accident prevention through the Department of Business Management and Occupational Health, in coordination with the authorities of the Port Chief of the Ministry of Public Works and Transport, with the participation of chambers representing fishermen on both coasts of the country. The Committee requests the Government to provide detailed information in this respect and to describe the extent to which effect is given to paragraph 1 of this Article of the Convention, which provides that the obligation shall be clearly laid out to comply with the respective provisions for the prevention of accidents.