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

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

Article 2 of the Convention. Statistics and investigations of occupational accidents. The Committee notes the information supplied by the Government on the number of accidents that occurred in the fisheries sector between 2006 and 2011. It point out, however, that in its previous observation it drew the Government’s attention to the fact that according to the Convention, statistics of occupational accidents on board ships must cover not only their number, but also their nature, causes and effects. They must also specify the department on board ship – for example, deck, engine or catering – and the area – for instance at sea or in port – where the accident occurred. The Committee hopes that the Government will provide detailed statistics in its next report containing all the above data on occupational accidents occurring on board vessels.

With regard to investigations, the Committee notes that the Government refers to section 214 of the Labour Code, which requires employers to send to the National Insurance Institute (INS) all relevant information about the occupational risks that employees are exposed to, and to cooperate in INS investigations. It points out, however, that according to Article 2(4) of the Convention, in the event of an occupational accident resulting in loss of life or serious personal injury, the competent authority itself shall undertake an investigation into the causes and circumstances of the accident. The Committee hopes that the Government will take the necessary measures in the very near future to introduce this obligation in the legislation, and requests it to keep the Office informed of any decisions taken to this end, describing the procedures that apply in investigations required under this provision of the Convention.

Article 3. Research. In the absence of a reply to its previous comments on this point, the Committee again asks the Government to provide information on any research carried out on general trends in occupational accidents on board ship and such hazards as are brought out by statistics.

Articles 4 and 5. Provisions on the prevention of occupational accidents. The Committee again requests the Government to indicate whether the regulations implementing section 162 of Act No. 8436 of 10 February 2005 on fisheries and aquaculture, which specify the measures needed to ensure the occupational safety and health of crew members, have been adopted and, if so, to provide a copy. It also reiterates its request for information on the procedure for certifying observance of national and international safety standards which is provided for in section 198bis of the Labour Code and is a requirement for the delivery or renewal of fishing licenses.

Article 7. Occupational safety and health committees. In the absence of a reply to its previous comments on this point, the Committee again requests the Government to indicate whether the obligation to set up occupational safety and health committees in work centres employing ten or more workers, established by Decree No. 18379-TSS of 19 July 1988, applies to ships. In addition, the Committee recalls that this Article of the Convention requires the appointment, from amongst the crew of the ship, of a suitable person or suitable persons, or of a suitable committee, responsible under the master for accident prevention, but does not restrict the coverage of the provision to vessels having at least ten seafarers on board. It accordingly asks the Government to indicate the measures taken or envisaged to ensure that this provision is applied to all ships covered by the Convention.

Article 8. Programmes for the prevention of occupational accidents. Further to its previous comment, the Committee notes the information supplied by the Government to the effect that consultations on the occupational accident prevention programmes were held with the competent institutions but that the information requested has not as yet been collected. It requests the Government in its next report to send such information as is available on the establishment and implementation of these programmes in the maritime sector.

Lastly, the Committee recalls that the main provisions of the Convention have been incorporated in Regulation 4.3, Standard A4.3 and Guideline B4.3 of the Maritime Labour Convention, 2006 (MLC, 2006) and that compliance with Convention No. 134 will therefore facilitate observance of the corresponding provisions of the MLC, 2006. The Committee would be grateful if the Government would keep the Office informed of any developments regarding the process for the ratification and effective implementation of the MLC, 2006.