Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

The Committee notes the Government’s indication in its report that there is no shipping industry as such and the information provided relates to the small scale fishing sector. In particular, the national merchant navy, defined as privately or publicly owned seagoing ships engaged in the commercial transportation of goods or persons, is very limited in size. According to the National Property Register, the country had a total of 151 registered vessels as at 2012. Registered tugboats only operate in port zones within the national territory. Under the terms of Act No. 2220 of 20 June 1958, coastal trade (cabotage) is limited to the transportation of groups of more than five persons or of 2 tonnes of cargo between two national, coastal or river ports on the same coast.

Articles 2 and 3 of the Convention. Statistics and investigations of occupational accidents. In its previous comments the Committee drew the Government’s attention to the fact that, according to the Convention, the statistics of occupational accidents on board ship must not only record the number of accidents but also their nature, causes and consequences, indicating the department on board ship – for instance deck, engine or catering – and the area – for instance at sea or in port – where the accident occurred. The Government indicates in its report that the National Insurance Institute (INS), in report G 02575-2014 of 25 April 2014, stated that it is taking the relevant action to ensure that computer systems generate information concerning accidents on board ships and, consequently, to promote investigations into the cases concerned. Moreover, the insurer, in official letter GESO-0794-2014, has taken measures to identify the cases of occupational accidents that occur on seagoing vessels. The Committee requests the Government to supply statistics of occupational accidents on board ship, in accordance with Article 2(3) of the Convention.

The Committee recalls that, according to Article 2(4) of the Convention, the competent authority shall undertake an investigation into the causes and circumstances of occupational accidents resulting in loss of life or serious personal injury. In view of the lack of information in this regard, the Committee again requests the Government to adopt the requested measures quickly to introduce this obligation into its legislation and to keep the Office informed of any steps taken towards this end.

Articles 4 and 5. Provisions on the prevention of occupational accidents. The Committee notes the Government’s indication, in reply to its request concerning the procedure for certifying observance of safety regulations referred to by new section 198bis of the Labour Code which is a requirement for issuing or renewing fishing licenses, that the Occupational Safety and Health Council has produced two handbooks relating to inspection based on the size of the vessel which it is hoped will be used in 2014. It also indicates that until the manuals, catalogues and lists of safety and protective equipment are drawn up for the certification of fishing vessels by the Occupational Safety and Health Council, the competent authorities do not have the capacity to verify the abovementioned regulations in the procedure for issuing fishing licences. The Government also states that, as part of the modernization of the occupational health legislation, it is hoped to include in the workplan for 2014 the possibility of drafting regulations concerning occupational safety and health on fishing vessels. The Committee requests the Government to continue providing information on the certification of fishing vessels by the Occupational Safety and Health Council and also on the new legislation concerning occupational safety and health on fishing vessels.