Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Netherlands (Ratification: 1998)

Article 38(2) of the Convention. Minimum age limit for workers operating lifting appliances. The Committee notes the reference in the Government’s latest report to section 7:18(3) of the Working Conditions Decree 1997, which states that hoisting and lifting machines should be operated by persons having specific expertise to this end. In addition, section 1:37 ensures that young employees carrying out activities must be adequately and expertly supervised and that in cases where this expert supervision cannot be organized in such a manner to prevent specific hazards, the work should not be carried out by young employees – all work by persons under the age of 16 being prohibited by section 3:2(1) of the Working Time Act. Recalling that Article 38(2) states that a lifting appliance or other cargo-handling appliance shall be operated only by a person who is at least 18 years of age and who possesses the necessary aptitudes and experience or a person under training who is properly supervised, the Committee requests the Government to indicate the measures taken or envisaged, in law and in practice, to ensure that young persons above the age of 16 and below the age of 18 who can operate a lifting or other cargo-handling appliance are persons under training.

Part V of the report form. Application in practice. The Government has indicated that during the period between 1 June 2012 and 1 May 2012, there have been 31 accidents as a result of dock work of which two were fatal. The Government further indicates that to date there has been no specific impact from the recent shift in the Government’s role on occupational safety and health, and that an inspection project is currently under way focusing on the risk of getting struck by moving vehicles on docks. The Committee would be grateful to the Government to keep the ILO informed of the inspection results from this project and to continue to provide information on the practical application of the Convention.