Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Cuba (Ratification: 1982)

1. The Committee notes the information provided by the Government in its reports. It notes with interest the codification of “Regulations on Health, Safety and Protection for Dock Workers” (Regulations), resolution No. AP-34-97 of
22 October 1997 and that this new codification combines, into one text, the various standards on dock worker safety. The Committee also notes the reference made in this context to resolution No. 31 of 31 July 2002, which contains in annex the general, practical procedures for the identification, evaluation and control of risk factors at work. The Committee requests the Government to supply clarifications and supplementary information with respect to the following points.

2. Article 4, paragraph 3, of the Convention. Technical standards. The Committee 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.

3. Article 13, paragraph 4. Provisions concerning removal of guards and safety devices. With reference to its previous comments, the Committee notes that the Government indicates that effect is given to this provision through the recently codified regulation, the “Safety Manual for Loading-Unloading Activities” and the “Safety Manual for Work in Container Terminals”. The Committee notes that while the regulations outline the various duties and responsibilities of supervisors to ensure the safety and health of dock workers under their supervision, they do not specify that only authorized persons are permitted to remove guards and safety devices. To the extent that this matter is regulated in the non-binding manuals referred to, the Committee notes that Article 4, paragraph 3, requires that legislative effect should be given to this provision. The Committee requests the Government to provide further information on measures taken to give effect to the provision that only authorized persons are to be permitted to remove guards and safety devices.

4. Article 18, paragraph 2 and paragraph 4. Hatch covers; Article 28. Rigging plans; Article 31, paragraph 1. Safe operation of freight terminals. The Committee notes that that the regulations referred to do not seem to regulate the handling of hatch covers, the drawing up of rigging plans, nor provisions concerning the safe operation of freight terminals. To the extent that these matters are regulated in the non-binding manuals referred to, the Committee notes that Article 4, paragraph 3, requires that legislative effect should be given to these provisions. The Committee requests the Government to provide further information on measures taken to give effect to this provision of the Convention.

5. Article 32, paragraph 3. Handling of dangerous substances. The Committee notes the relevant provisions in the regulations that classify dangerous substances, regulate cargo handling and require responses to emergencies involving dangerous substances, and that these regulations do not seem to require work stoppage and removal of non-essential workers during an emergency. The Committee requests the Government to indicate the measures taken to ensure that if receptacles or containers of dangerous substances are broken or damaged to a dangerous extent, dock work shall be stopped and the workers removed to a safe place.

6. Article 38, paragraph 2. Age requirement for operators of lifting appliances. The Committee notes the Government’s indication that effect is given to this Article of the Convention through general provisions requiring a person operating a lifting appliance or other cargo-handling appliances to have a driver’s licence and that, according to the Transit Code, a person must be 18 years of age to obtain a driver’s licence. As Article 38, paragraph 2, requires specific legislation regarding age limits for the operators of lifting appliances, the Committee requests the Government to indicate the measures taken to ensure a lifting appliance or other cargo-handling appliance is operated only by a person who is at least 18 years of age.

7. With reference to the new Regulations, the Committee notes that it does not contain provisions relating to the following Articles of the Convention: Article 16. Transport by water or ground of workers to and from a ship or another place; Article 17. Access to a ship’s hold or a cargo deck; Article 26. Mutual recognition; Article 32, paragraphs 1 and 2. Marking of dangerous cargoes; and Article 36. Intervals between medical examinations. The Committee requests the Government to indicate the legislation giving effect to these provisions of the Convention.

8. Part V of the report form and Article 4. Application of the Convention in practice. The Committee notes the reference made by the Government in its report to resolution No. 31 of 31 July 2002, which contains in annex the general, practical procedures for the identification, evaluation and control of risk factors at work. Please give a general appreciation of the manner in which the Convention is applied in your country including, in particular, how the general, practical rules for the identification, evaluation and control of risk factors are applied in the area of port work. Please also attach extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of contraventions reported and the resulting action taken and the number of occupational accidents and diseases reported.