Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Peru (Ratification: 1988)

Legislation. Compliance of the regulations issued by the various port authorities with the Convention. In its previous comments, the Committee noted that Directorial Resolution Agreement No. 010-2007-APN/DIR, the National Standard on Occupational Safety and Health in Ports, delegates to the various port authorities the power to regulate certain technical questions in the regulations of each port, and that this is a requirement to obtain the port safety certificate. The Committee requested the Government to provide information on the manner in which it is ensured that port regulations are in conformity with the Convention, prior to the granting of the port safety certificate. The Committee notes the Government’s indication that the National Port Authority (APN) schedules annual audits of ports to assess compliance with the provisions of Directorial Resolution Agreement No. 010-2007-APN/DIR. The Committee notes that as this Resolution, which is the reference framework for the regulations of each port, does not incorporate all the requirements of the Convention or require the various port authorities to include those requirements when issuing regulations, the regulations issued by each port authority may be in compliance with the Resolution and the certificate may be obtained without thus implying that they are in conformity with all aspects of the Convention. The Committee reminds the Government that when delegating to the various port authorities the power to regulate questions of safety and health, it has to ensure that the national reference standard requires effect to be given to the provisions of the Convention. Noting that the Government has undertaken intensive legislative work in this area, the Committee hopes that the requirements of the Convention will be gradually incorporated into the National Standard on Occupational Safety and Health in Dock Work so as to ensure that the regulations issued by the port authorities are in conformity with the Convention and that information will be provided on this subject.

Article 3 of the Convention, subparagraphs (b) competent person; (c) responsible person; (d) authorized person; (e) lifting appliance; (f) loose gear; and (g) access. Definitions. The Committee notes that, according to the Government’s indication in its report, the APN is currently preparing the draft standard to amend Directorial Resolution Agreement No. 010-2007-APN/DIR to incorporate the definitions referred to above. The Committee requests the Government to provide a copy of the above standard when it has been approved. Regarding the definitions of competent person, responsible person and authorized person, it is essential that the functions determined by certain Articles of the Convention are carried out by persons meeting the criteria required by the Convention. In this respect, the Committee requests the Government to provide information on the manner in which it is ensured that:

• -the functions set out in Articles 13(4) and 18(4) are carried out by an “authorized person” within the meaning of the Convention;
• -the functions set out in Articles 22(1) and 23(1) and (2) are carried out by a “competent person” within the meaning of the Convention;
• -the functions set out in Articles 19(2) and 24 of the Convention are carried out by a “responsible person” within the meaning of the Convention.

Article 7(1). Adoption of legislative measures in consultation with the organizations of employers and workers concerned. The Committee notes the Government’s indication in its report that the Bill on dock work is before the Congress of the Republic for examination and that coordination is being carried out with employers and dockworkers to comply with the requirements of Article 7(1) of the Convention. The Committee also notes section 4 of the Occupational Safety and Health Act which, together with section 5 of the Regulations of the Act, requires the State to consult the most representative organizations of employers and workers for the preparation, implementation and periodical re-examination of a national policy on OSH; section 10 of the Occupational Safety and Health Act, establishing the National Occupational Safety and Health Council, which is a tripartite body with the mandate to draw up and approve the national policy on OSH, monitor its application and periodically re-examine it no less than once a year. The Committee requests the Government to provide information on the consultations held during the period covered by its next report with a view to giving effect to the provisions of the Convention through legislative or other appropriate methods with the organizations of employers and workers concerned, and to indicate the consultation mechanisms and the organizations consulted.

Article 7(2). Collaboration between employers and workers for the practical application of the measures referred to in Article 4(1). The Committee notes that the Government lists a series of directorial resolutions for the dock sector which refer to the matters covered by Article 4(1). Nevertheless, this information does not indicate the manner in which close collaboration is established between employers and workers or their representatives for the application of the measures referred to in Article 4(1) of this Convention. The Committee again requests the Government to provide information on this collaboration.

Article 16. Embarking, transport and disembarking of workers. The Committee notes Directorial Resolution Agreement No. 011-2011-APN/DIR, indicated by the Government, approving the technical standard for the provision of the basic transport services for persons in port areas, which gives effect to paragraph 1 of this Article. The Committee requests the Government to provide information on the effect given to paragraph 2 of this Article referring to land transport.

Article 22. Lifting appliances. Frequency of tests. The Committee notes that the Government has not provided information on the effect given to this Article of the Convention. The Committee recalls that this Article is extremely precise and provides that appliances shall be tested after any substantial alteration or repair, that lifting appliances forming part of a ship’s equipment shall be retested every five years and that shore-based lifting appliances shall be retested at such times as established by the competent authority. The Committee repeats its request to the Government to give legislative expression to Article 22 and to provide information on the four paragraphs of this Article of the Convention.

Article 24. Inspection of loose gear. The Committee notes the Government’s indication that the internal safety regulations are applicable and that Directorial Resolution Agreement No. 010-2007-APN/DIR is the text for the identification of the hazards referred to in Article 24 of the Convention. However, the Committee notes that the Directorial Agreement referred to does not give effect to this Article of the Convention, which requires regular inspection of every item of loose gear before use. The Committee therefore requests the Government to take the necessary measures to give legislative expression to Article 24 and to provide information on this point.

Article 25. Duly authenticated records which provide prima facie evidence of the safe condition of the lifting appliances and items of loose gear. Article 26. Mutual recognition of arrangements for the testing, thorough examination, inspection and certification of lifting appliances and items of loose gear forming part of a ship’s equipment and of the records relating thereto. The Committee notes the Government’s indication that Directorial Resolution No. 1234-2011/DCG of 18 November 2011 delegates the statutory function of inspection and certification of ships of the national merchant navy within national territory and abroad to classification companies acting on behalf of, and as an entity recognized by, the National Maritime Association. The functions include keeping records and certificates of the equipment to be inspected and certified. The Committee requests the Government to indicate whether such inspections and certification also relate to lifting appliances and items of loose gear and whether the records also include the inspections referred to in Articles 22, 23 and 24 of the Convention, as provided in Article 25(1).

Article 20. Holds and cargo decks. Article 21. Lifting appliances: design and use. Article 23. Lifting appliances: visual examination every 12 months. Article 27. Lifting appliances: loads. Article 28. Lifting appliances: ship rigging plans. Article 29. Pallets and similar devices for supporting loads. Article 30. Requirements for loads to be slung before being raised or lowered. Article 33. Noise. Article 35. Facilities envisaged in case of accident. Article 40. Sufficient number of sanitary facilities at each dock. The Committee notes the information provided by the Government, which indicates that these issues are governed by internal dock safety regulations. With reference to the first paragraph of this comment, the Committee requests the Government to take the necessary measures to ensure that the internal regulations give expression to these Articles of the Convention and to provide information on this point.