Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) - Panama (Ratification: 1971)

Individual Case (CAS) - Discussion: 1987, Publication: 73rd ILC session (1987)

See under Convention No. 8, as follows:

The Government has communicated the following information:

The Government has reactivated the Tripartite Maritime Labour Commission, which is responsible for dealing with the discrepancies in the application of Conventions Nos. 8, 22, 32. 53, 55, 68, 92 and 126 concerning seafarers' conditions of work; these discrepancies will be eliminated in due course. The Committee began its work in 1986 with the following agenda: (a) means of placing deck and engineering officers so that they may obtain the two years' experience on the high seas necessary to enter the practical experience programme for the Panama Canal; (b) training; (c) examination of a maritime labour Bill; (d) immediate measures for the placement of seafarers (officers and crew); (e) draft of the Planning Ministry (MIPPE) on strengthening the maritime sector; (f) study of a recommendation to the executive in favour of centralising everything to do with the maritime sector in one body.

Four working subcommittees have been created, namely: (a) subcommittee on the placement of seafarers; (b) subcommittee on wages, working time and bonuses; (c) subcommittee on the termination of employment; (d) subcommittee on safety and social welfare.

The results of the work of the these committees have been:

(1) a draft Bill has been prepared to grant tax incentives to owners of ships running international services which are registered in the National Merchant Marine and which hire deck and engineering officers of Panamanian nationality;

(2) a draft Bill to establish conditions for career advancement of officers in the Merchant Marine and regulate entry requirements, and lay down other provisions as to the training of officers.

Discussion of the third point on the agenda has now begun (i.e. a maritime labour Bill).

In addition, a Government representative said with reference to Article 5, paragraph 1 of Convention No. 53 (Officers' Certificates of Capacity) that Panama presently had an inspection system which, in one of its phases, was being carried out through the issue of certificates of competency seafarers and officials. For the issue of these certificates, a document was required certifying the capacity of the individual to work on the vessel. This inspection system also operated when port inspectors, the ship's captain or the ship's owners detected anomalies in the matter of certification, safety or any other breach of the Convention. In these cases, they could ask for an inspection by a consul of the Merchant Marine, who was to carry this out together with the Port Authority, the ship's captain or the ship's owners. With regard to paragraph 2 of Article 5 of the Convention, national legislation provided under Act. No. 2 of 1980 (Chapter XII) for the possibility of detaining vessels on account of a breach of the Convention. With regard to paragraph 3 of Article 5 of the Convention, there was no specific procedure allowing for communication with consuls of the Merchant Marine when violations of the Convention's provisions were found. However, the normal channels of communication were used in these cases, giving rise to a consul's inspection in order to confirm the violation of the Convention and to take the necessary measures as required.

With regard to Convention No. 55 (Shipowners' Liability (Sick and Injured Seamen)) the interested parties had presented new versions of draft maritime labour legislation. The Tripartite Maritime Labour Commission, reactivated in August 1986, had among the items on its agenda the study of draft maritime labour legislation, including provisions that referred to this and other maritime Conventions. Panama had never ceased its efforts to achieve the adoption of the necessary regulations to give them full effect.

With regard to Convention No. 68 (Food and Catering (Ships' Crews)), the Government representative expressed her surprise that Panama had been invited to provide more information on the application of the Convention, when Panama appeared this year on the list of cases of progress for this and other maritime Conventions. Panama had established and applied satisfactory a whole new world-wide system of inspection of vessels of the Panamanian Merchant Marine in order to put into effect the regulations which apply Convention No. 68 as well as Conventions Nos. 92 (Accommodation of Crews (Revised)) and 126 (Accommodation of Crews (Fishermen)). After referring to the information which had been provided and providing statistical data on the inspections carried out in recent year (which had increased very appreciably), the speaker said that study guides were currently being prepared for the examinations for cooks and waiters, where exhaustive consideration would be given to the procedures for ensuring an adequate supply of food products and adequate catering. These would be forwarded to the ILO. The Government was aware that there were still measures to be taken in order to give full effect to the Convention. In future reports more information would be given concerning the matters raised by the Committee of Experts.

With regard to Convention No. 126 (Accommodation of Crews (Fishermen)), they had not made any further progress than had been indicated in the Government's last report, because of the priority given to the application of other maritime Conventions and related regulations. It was the Government's intention to find solutions gradually to the problems indicated by the Committee of Experts, within the bounds of their possibilities and in accordance with national conditions. Information would be provided on the measures adopted.

The Workers' members stressed the importance that the Conventions in question had for Panama, with its important fleet. Although there were still other measures to be taken, the Government had carried out a series of efforts (as the Government representative had indicated) in ordre to bring the legislation into full conformity with these Conventions. These efforts could be seen in particular with regard to the application of Convention No. 68, where the Committee of Experts had indicated a case of progress. This was a cause for satisfaction. The Committee of Experts had asked for information on the matters to be resolved, and had stressed the importance of the workers protected being aware of their rights. This information should be given to the people concerned at the time of their recruitment and throughout their period of employment, as well as through trade union organisations. Once the interested parties were aware of all those rights provided to them by the Conventions and by law, there was still the matter of implementation. When the workplace was a moving vessel, it was difficult to prove application, and hence the importance of inspection. Finally the Workers' members asked whether the ILO was still providing technical assistance to Panama concerning the application of maritime Conventions and, if not, how much assistance might be provided.

The Employers' members also stressed the importance of the four Conventions under consideration in the particular case of Panama. The progress made, as confirmed by the Committee of Experts, was a cause for satisfaction. Nevertheless, the Government should respond to certain questions raised by the Committee of Experts, and there were still problems to be solved. Convention No. 53 concerning competency certificates for officers dealt with very important matters on which the safety of many people depended. The issues covered by the other three Conventions under consideration were also very important. Progress had been made over the years on these issues, and this was cause for satisfaction. The Government representative had indicated with regard to certain questions that studies had to be carried out and with regard to others that it had not been possible to deal with these yet or that they would be the subject of gradual improvement. The recognition of the discrepancies between the legislation and the Conventions, and the statement by the Government representative, allowed for hope that the changes, the need of which was recognised by the Government, would become reality. The Government must be encouraged in this direction and also encouraged to send replies to the specific questions raised by the Committee of Experts, so that the latter would be able to note any progress made, and so that the Government could also be helped to see how there might be better application, albeit gradual, of the provisions of the Convention.

The Government representative gave the assurances that Panama would continue to make progress in the application of maritime Conventions. within the limits of its possibilities and national conditions, with regard to both legislation and practice.

The representative of the Secretary-General indicated that ILO technical assistance to Panama in the area of application of maritime Conventions had facilitated progress, and that this assistance would continue to be provided from both headquarters and the technical centres in Latin America.

With regard to Conventions Nos. 53 and 68, the Committee noted with interest from the information provided by the Government representative and the observations of the Committee of Experts that appreciable progress had been made in the application of Convention No. 53 and in particular of Convention No. 68. The Committee requested the Government to consider the adoption of further measures on the points raised by the Committee of Experts and expressed the hope that the Government would be able to report progress with a view to ensuring the full application of these Conventions in both law and practice.

With regard to Conventions Nos. 55 and 126, the Committee took note of the information provided by the Government representative. The Committee expressed its hope that the work now being done by the Tripartite Maritime Labour Commission would soon enable the Government to take the necessary legislative or other measures on all the points raised in the comments of the Committee of Experts in order to ensure the full application of these Conventions.

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

Laws and regulations. In its 2010 observation, the Committee noted the Government’s indication that on 6 August 2008 it adopted the General Docks Act, No. 56, under section 106 of which the Panama Maritime Authority shall establish standards and procedures on the prevention of occupational accidents and diseases, occupational safety and health, fire prevention and the safe handling of cargo, in order to ensure the safety and efficiency of dock work. The Committee requested a copy of the regulations on safety and health in dock work, once they had been approved. The Committee notes the Government’s indication that the draft regulations on safety and health in dock work have not yet been adopted, and that they are currently undergoing technical evaluation by the Dock Safety and Health Section with a view to their adoption. The Committee, referring to its 2010 observation, requests the Government to make every effort to ensure that the draft regulations are approved in the near future, that they take into account all the matters raised in its 2007 observation, which reiterates the comments that the Committee has been making since 1996, and to provide information in this regard.

Information on the effect given in practice to certain provisions of the Convention. In its 2010 observation, the Committee requested the Government, if the draft regulations had not yet been adopted, to indicate the manner in which effect is given in practice to the various provisions referred to in its 2007 observation. The Committee notes the brief information provided by the Government on the effect given to the following provisions of the Convention:

• -Article 2(2), (3) and (4) of the Convention. Approaches. The Government indicates that these are taken into account in inspections;
• -Article 9(2)(2). Inspection of hoisting machines. The Government indicates that maintenance is carried out in accordance with the recommendations of the manufacturer. Daily checks are also carried out prior to their use;
• -Article 11(1). Supervision by a competent person while a load is suspended. The Government indicates that these measures cover all hoisting machines. Compliance with these safety measures is controlled during operation, and these instructions are included in the new regulations;
• -Article 11(2) and (8). Employment of a signaller and compliance with the maximum permitted load of hoisting machines. It is ascertained in practice that a person is present to signal hoisting and the teams ensure that the maximum permitted load is not exceeded;
• -Article 11(5). Escape. The Government indicates that escape routes from docks are verified;
• -Article 14. Fencing, gangways, gear, ladders, life-saving means or appliances. The Government indicates all of these aspects are checked during inspections of ports and that any infringements are reported.

The Committee observes that the brief information provided does not enable it to gain an overview of the application of the Convention. The Committee wishes to emphasize that the indication that new legislation is being prepared does not exempt the Government from its obligation to ensure the application of all of the provisions of the Convention and to provide detailed information on the effect given to the Convention. The Committee requests the Government to provide a detailed report on the effect given in law and practice to each of the Articles and paragraphs of the Convention.

Part V of the report form. Application in practice. Please provide general information on the manner in which the Convention is applied in practice, including information on the number of workers covered by the Convention, the manner in which inspection is performed in relation to the present Convention, the number and type of violations reported and the most frequent occupational accidents and diseases.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s indication that the General Docks Act (Act No. 56) was adopted on 6 August 2008. It notes that section 106 of the Act states that the Maritime Authority of Panama shall establish standards and procedures for the prevention of occupational accidents and diseases, occupational safety and health, fire prevention and the proper handling of cargo, in order to ensure the safety and efficiency of dock work. The Committee notes with interest that section 107 states that, for the purposes of the previous section, dock safety inspectors must comply with the standards and procedures laid down in the Dock Safety and Health Regulations and in the international Conventions ratified by Panama, and also in the industry codes of practice. It also notes that the Docks and Auxiliary Maritime Industries Directorate of the Maritime Authority of Panama, which is responsible for the application of the Convention, has drawn up a first draft of Regulations on Safety and Health in Dock Work, the approval of which is pending. The Committee expresses the strong hope that the draft Regulations on Safety and Health in Dock Work will be approved in the near future and that account will be taken of all the points indicated in its observation of 2007, which contains comments that the Committee has been making since 1996. Should the draft Regulations on Safety and Health in Dock Work be approved during the next reporting period, the Committee requests the Government to report on them in detail. Should the Regulations still be at the draft stage, the Committee requests the Government to indicate the manner in which effect is given in practice to the matters raised in its observation of 2007.

As regards the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), the Government states that for the time being its ratification has not been contemplated but considerable account has been taken of it in the adoption of legal instruments and in the practical application of measures relating to dock work. The Committee requests the Government to continue to supply information in this regard.

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

1. The Committee notes the information communicated by the Government in its report in response to the Committee’s previous comment. The Committee notes the information that the ongoing revision of the General Regulations on Safety and Health in Dock Work of the National Ports Authority (21 October 1988, Official Gazette 21-161, Agreement 388), has not yet been completed. The Committee expresses the firm hope that this revision will be completed soon and that in the context of this revision account will be taken of the following comments the Committee has made since 1996:

1. Article 2, paragraphs 2, 3 and 4, of the Convention. The Committee notes that, as part of the revision of the General Regulations on Safety and Health in Dock Work, it is envisaged that these provisions of the Convention will be incorporated in the provisions of the regulations concerning the width of passageways along quaysides and wharves, and the provision of fencing for dangerous areas and passageways. The Committee recalls that paragraphs 2, 3 and 4 set the minimum dimensions which should be adopted to ensure compliance with these provisions as a whole.

2. Article 3, paragraph 3. The Committee notes that it is envisaged that the provisions of this Article shall be incorporated into the revised regulations, so that all national ports will comply with them.

3. Article 5, paragraphs 2 and 5; Article 6, paragraph 2; Article 8. The Committee notes that the provisions of Article 5, paragraphs 2 and 5 (concerning access to holds), Article 6, paragraph 2 (safety measures in connection with deck openings, including fencing), and Article 8 (specific measures required to ensure implementation), are to be included in the regulations so that national ports will apply them. The Committee requests the Government to keep the International Labour Office informed of any developments in this matter.

4. Article 9, paragraph 2(2). The Committee notes that, according to the Government’s report, the Maritime Authority of Panama (AMP) runs mechanical workshops responsible for producing statistics on the frequency of examinations and inspections. However, the Committee notes that the Government again refers to sections 29 and 30 of the General Regulations on Safety and Health in Dock Work, and recalls that these provisions do not specify the frequency of the examinations and inspections required. The Committee is therefore obliged to request the Government once again to take the necessary measures to ensure that the periods specified in this provision of the Convention are included in the regulations during the revision process.

5. Article 9, paragraph 2(7). The Committee notes that sections 89, 92, 93, 95, 96, 99 and 136 of the regulations are cited by the Government in its report, and notes that section 92 introduces a special measure relating to the vertical hoisting of loads. However, the Committee notes that these sections are not specifically aimed at providing means of minimizing the risk of loads falling accidentally during hoisting or lowering by cranes or winches. The Committee once again requests the Government to take the necessary measures to ensure that the Convention is applied on this point.

6. Article 11, paragraph 1. The Committee notes the provisions of sections 89 and 95 of the General Regulations which, according to the Government, give effect to this provision of the Convention. Section 95 provides that a signaller must maintain visual communication with the crane operator, who must follow only the signaller’s instructions. The Committee notes that section 95 of the regulations concerns the operation of cranes in container terminals, although this provision of the Convention concerns hoisting systems in general, not only cranes. The Committee therefore requests the Government to take the necessary measures to ensure that this provision of the Convention is applied in full.

7. Article 11, paragraphs 2 and 8. The Committee notes the Government’s statement to the effect that the changes to the regulations will ensure that the provisions of the Convention are implemented in the ports administered and regulated by the Maritime Authority of Panama (AMP). The Committee hopes that when the regulations are revised, they will ensure that these provisions are implemented in cases of general loading and unloading operations.

8. Article 11, paragraphs 5, 6, 7 and 9. Referring to its previous observations, the Committee reminds the Government of the need to adopt safety measures that will meet the requirements set out in each of these paragraphs regarding: escape of workers when employed in a hold or between decks in dealing with bulk cargo (paragraph 5); conditions for using a stage (paragraph 6); procedures for working in hold spaces (paragraph 7); and safe working loads for cranes (paragraph 9). The Committee hopes that the Government will adopt the necessary measures to ensure that these paragraphs of the Convention are implemented, as it no doubt will when the General Regulations are revised.

9. Article 14. The Committee notes the provisions of sections 1, 9 and 41 of the General Regulations cited by the Government in its report, and notes once again that section 41 comes under Chapter I, Title V, of the regulations and thus concerns protective devices on loading and handling equipment. The Committee again requests the Government to indicate what legislative or administrative measures have been taken or are envisaged to ensure that this provision is also applied to the other elements referred to therein.

10. Part V of the report form. The Committee requests the Government to supply extracts of inspection reports, and invites the Government to provide statistics and other details, for example, on the number and nature of any infractions and the nature and cause of any accidents recorded.

11. The Committee requests the Government to communicate a copy of the revised General Regulations on Safety and Health in Dock Work, and to indicate any progress made in applying the Convention.

2. The Committee takes the opportunity to recall that the Governing Body of the ILO has invited parties to Convention No. 32 to consider ratification of Convention No. 152, which revised Convention No. 32 (GB.268/LILS/5(Rev.1), paragraphs 99-101). Such ratification would automatically entail an immediate denunciation of Convention No. 32. The Committee also 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 The Government is requested to keep the Committee informed of any developments in this respect.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information communicated by the Government in its report, in particular concerning Article 9, paragraph 2(5), of the Convention, and the attached documents. The Committee notes with interest the revision of the General Regulations on Safety and Health in Dock Work of the National Ports Authority that is now under way. The Committee hopes that this revision will be completed soon, and that the amendments made will take account of the Committee’s previous observations, which concerned the following points.

Article 2, paragraphs 2, 3 and 4. The Committee notes that, as part of the revision of the General Regulations on Safety and Health in Dock Work, it is envisaged that these provisions of the Convention will be incorporated in the provisions of the Regulations concerning the width of passageways along quaysides and wharves, and the provision of fencing for dangerous areas and passageways. The Committee recalls that paragraphs 2, 3 and 4 set the minimum dimensions which should be adopted to ensure compliance with these provisions as a whole.

Article 3, paragraph 3. The Committee notes with interest that it is envisaged that the provisions of this Article shall be incorporated into the revised Regulations, so that all national ports will comply with them.

Article 5, paragraphs 2 and 5; Article 6, paragraph 2; Article 8. The Committee notes with interest that the provisions of Article 5, paragraphs 2 and 5 (concerning access to holds), Article 6, paragraph 2 (safety measures in connection with deck openings, including fencing), and Article 8 (specific measures required to ensure implementation), are to be included in the Regulations so that national ports will apply them. The Committee requests the Government to keep the International Labour Office informed of any developments in this matter.

Article 9, paragraph 2(2). The Committee notes that, according to the Government’s report, the Maritime Authority of Panama (AMP) runs mechanical workshops responsible for producing statistics on the frequency of examinations and inspections. However, the Committee notes that the Government again refers to sections 29 and 30 of the General Regulations on Safety and Health in Dock Work, and recalls that these provisions do not specify the frequency of the examinations and inspections required. The Committee is therefore obliged to request the Government once again to take the necessary measures to ensure that the periods specified in this provision of the Convention are included in the Regulations during the revision process.

Article 9, paragraph 2(7). The Committee notes that sections 89, 92, 93, 95, 96, 99 and 136 of the Regulations are cited by the Government in its report, and notes that section 92 introduces a special measure relating to the vertical hoisting of loads. However, the Committee notes that these sections are not specifically aimed at providing means of minimizing the risk of loads falling accidentally during hoisting or lowering by cranes or winches. The Committee once again requests the Government to take the necessary measures to ensure that the Convention is applied on this point.

Article 11, paragraph 1. The Committee notes the provisions of sections 89 and 95 of the General Regulations which, according to the Government, give effect to this provision of the Convention. Section 95 provides that a signaller must maintain visual communication with the crane operator, who must follow only the signaller’s instructions. The Committee notes that section 95 of the Regulations concerns the operation of cranes in container terminals, although this provision of the Convention concerns hoisting systems in general, not only cranes. The Committee therefore requests the Government to take the necessary measures to ensure that this provision of the Convention is applied in full.

Article 11, paragraphs 2 and 8. The Committee notes the Government’s statement to the effect that the changes to the Regulations will ensure that the provisions of the Convention are implemented in the ports administered and regulated by the Maritime Authority of Panama (AMP), and hopes that when the Regulations are revised, they will ensure that these provisions are implemented in cases of general loading and unloading operations.

Article 11, paragraphs 5, 6, 7 and 9. Referring to its previous observations, the Committee reminds the Government of the need to adopt safety measures that will meet the requirements set out in each of these paragraphs regarding: escape of workers when employed in a hold or between decks in dealing with bulk cargo (paragraph 5); conditions for using a stage (paragraph 6); procedures for working in hold spaces (paragraph 7); and safe working loads for cranes (paragraph 9). The Committee hopes that the Government will adopt the necessary measures to ensure that these paragraphs of the Convention are implemented, as it no doubt will when the General Regulations are revised.

Article 14. The Committee notes the provisions of sections 1, 9 and 41 of the General Regulations cited by the Government in its report, and notes once again that section 41 comes under Chapter I, Title V, of the Regulations and thus concerns protective devices on loading and handling equipment. The Committee again requests the Government to indicate what legislative or administrative measures have been taken or are envisaged to ensure that this provision is also applied to the other elements referred to therein.

Part V of the report form. The Committee requests the Government to supply extracts of inspection reports, and invites the Government to provide statistics and other details, for example, on the number and nature of any infractions and the nature and cause of any accidents recorded.

The Committee requests the Government to communicate a copy of the revised General Regulations on Safety and Health in Dock Work, and to indicate any progress made in applying the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee takes note of the information supplied by the Government in its report on the adoption of Legislative Decree No. 7 of 7 February 1998 "establishing the Maritime Authority of Panama". It also notes the information on the adoption of Legislative Decree No. 8 of 26 February 1998 "regulating work at sea and on navigable waterways". According to the Government this text has brought the national legislation into conformity with the ILO maritime Conventions it has ratified. The Committee notes with regret that Legislative Decree No. 8 contains no provisions regarding protection against accidents of workers employed in loading and unloading ships. The Committee also notes that under the provisions of section 1(a), Legislative Decree No. 8 does not apply "where the service provided on board is not directly related to the operation, function and use of the vessel, such as the service of loading, which is provided for the stay of the vessel in port, or services provided while the vessel is in transit on canals, rivers or navigable waterways". The Committee is therefore obliged to reiterate its earlier comments in respect of the following provisions:

Article 2, paragraph 2(3) and (4), of the Convention. The Committee requests the Government to supply information on the existence of laws or regulations applying subparagraph (3) -- the width of space left along the edge of any wharf or key -- and subparagraph (4) -- provision of fences in dangerous parts and dangerous footways -- of this Article.

Article 3, paragraph 3. The Committee notes the Government's indication in its report that sections 118 to 122 of the Regulations apply this provision. The Committee observes that the only reference to Article 3, paragraph 3, of the Convention is section 117, which provides that means of access to ships for workers should be adequate, appropriate and safe and comply as a minimum with the standards of the International Convention on the Safety of Life at Sea (SOLAS). The Committee recalls that this provision of the Convention fixes the minimum limits for means of access to the ship and thus provides the measurements thereof. The Committee urges the Government to take the steps necessary to ensure application of the Convention on this point.

Article 5, paragraphs 2 and 5. The Committee again notes with regret that the Government makes no reply to its comments regarding these provisions of the Convention. The Committee requests the Government to indicate the legislation which regulates means of access to holds in accordance with the requirements of the Convention.

Article 6, paragraph 2. The Committee notes the Government's indication that in practice the Occupational Safety and Health Inspectors of the National Port Authority (APN) establish safety measures to avoid dangerous situations related to openings in the decks of ships. The Committee notes that the Government does not refer to the positioning of fences. The Committee trusts that the Government will soon adopt the measures necessary to give effect to this provision of the Convention in law as in practice.

Article 8. The Committee notes the Government indicates in its report that the General Regulations on Safety and Health in Dock Work give effect to this provision of the Convention. The Committee observes that sections 124 (location of workers); 125 (coaming or fencing); 126 (loading of merchandise); 130 (location of workers); 131 (fastening equipment); 132 (notice to personnel); 133 (positioning of hatch covers, tarpaulins, canvases, beams); 134 (positioning of conventional hatch covers) and 135 (distance between the coaming and removed hatch covers, beams) mentioned by the Government do not refer specifically to the circumstances foreseen in these paragraphs of this Article of the Convention. The Committee is therefore again obliged to request the Government to adopt the measures necessary to ensure application of this provision of the Convention.

Article 9, paragraph 2(2). In its earlier comments the Committee requested the Government to indicate the measures taken to ensure the frequency of the examinations and inspections provided under sections 29 and 30 of the General Regulations on Safety and Health in Dock Work. The Committee notes that the Government only states in its report that the examinations and inspections provided under sections 29 and 30 of the General Regulations on Safety and Health in Dock Work are regular. The Committee is again obliged to request the Government to indicate the laws or regulations which fix the periodicity of inspections as required under this provision of the Convention.

Article 9, paragraph 2(5). The Committee requests the Government to indicate in what manner the safe working load is marked on chain slings.

Article 9, paragraph 2(7). The Committee notes with regret that the Government has not replied in its report to its earlier comments. The Committee is therefore once again obliged to ask the Government to indicate the measures adopted or envisaged to ensure that cranes and winches are provided with such means as will reduce the risk of the accidental descent of a load while in process of being lifted or lowered.

Article 9, paragraph 2(9). The Committee takes note of the information supplied by the Government according to which although there is no law or regulation to ensure the application of this provision of the Convention, constant joint examinations are carried out by both inspectors and operators of cranes before initiation operations in order to verify that they work properly. The Committee recalls the need to adopt, according to this provision of the Convention, the necessary measures in the near future to ensure, in law as in practice, that the foot of a derrick is prevented from being accidentally lifted out of its socket or support.

Article 11, paragraph 1. The Committee notes the information supplied by the Government in its report to the effect that "no load shall be left suspended from any hoisting machine unless there is a competent person actually in charge of the machine while the load is so left". The Committee requests the Government to indicate in its next report the text of the law or regulation which gives effect to the provisions of the Convention in this regard.

Article 11, paragraphs 2 and 8. The Committee observes that sections 89 and 95 of the General Regulations on Safety cited by the Government are related to operations in the container terminals. The Committee requests the Government to transmit the legal or administrative texts, adopted or envisaged, which guarantee the application of these provisions in the case of general loading and unloading as well.

Article 11, paragraphs 5, 6, 7 and 9. The Committee notes the information provided by the Government that effect is given to these provisions of the Convention by the verifications by the port safety and health inspectors undertaken prior to the initiation of operations. The Committee is obliged to remind the Government of the need to adopt relevant legislation to ensure the application on each of the safety measures set forth in each of these paragraphs.

Article 14. The Committee observes that section 41 of the General Regulations on Safety comes under Chapter I, Title V and thus refers to protective devices on loading and handling gear. The Committee asks the Government to indicate the legal or administrative texts adopted or envisaged to give effect to this provision as regards the remaining elements described therein as well.

The Committee also notes from the Government's report that the National Directorate of Labour Inspection has taken steps with the National Port Authority to revise the General Regulations on Safety and bring them into conformity with the provisions of the Convention. The Committee expresses the hope that in the near future the Government will adopt the measures necessary to ensure application of the provisions of the Convention. It also asks the Government to inform it of any progress achieved in this respect and to transmit a copy of the revised Regulations.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in the previous direct request:

1. The Committee would be grateful if the Government would supply additional information in its next report on the following points.

Article 2, paragraph 2, of the Convention. The Committee noted the information supplied by the Government. It notes that sections 59 to 71, 80 to 85 and 91 of the General Regulations on Safety and Health in Dock Work of 1988, to which the Government makes particular reference, only include provisions governing access of vehicles to and transit through ports (including the container terminals).

The Committee once again requests the Government to indicate the manner in which effect is given to the provisions of the Convention which lay down that every working place on shore and every dangerous part of the approaches regularly used by workers for going to or from a working place shall be safely and efficiently lighted; that wharves and quays shall be kept sufficiently clear of goods; that the space left along the edge of any wharf or quay shall be at least 90 cm wide and clear of all obstructions other than fixed structures, plants and appliances in use; that all dangerous parts of approaches and working places, as well as dangerous footways over bridges, caissons and dock gates shall be fenced to an appropriate height, as far as practicable.

Article 3, paragraphs 3 and 6. The Committee notes the references to sections 117 to 122 of the General Regulations on Safety and Health in Dock Work of 1988 made by the Government. It once again requests the Government to indicate the measures which have been taken or are envisaged in order to give effect to paragraph 3 of Article 3 (minimum measurements for means of access to the ship, for which the measurements are indicated) as well as paragraph 6 (the prohibition placed on workers from using any other means of access than the means specified or allowed).

Article 5, paragraphs 2, 5 and 6. Further to its previous comments, the Committee notes the Government's references to sections 120 to 122 of Chapter IV and sections 123 to 130 of Chapter V of the General Regulations on Safety and Health in Dock Work, in relation to these provisions of the Convention. It notes that the above sections, which are referred to by the Government, do not contain measures giving effect to the above paragraphs of Article 5 of the Convention. The Committee requests the Government to indicate the measures which have been taken or are envisaged in order to regulate the means of access to holds in accordance with the requirements of the Convention.

Article 6, paragraph 2. With reference to its previous comments, the Committee notes the practical measures taken by the supervisors of the Department of Occupational Safety and Health of the National Port Authority (APN) in order to avoid dangerous situations related to openings in the decks of ships. It requests the Government to indicate which provisions govern the activities of the above and to provide information on any other measure which gives effect to this provision of the Convention.

Article 8. Further to its previous comments, the Committee notes the references to sections 124 to 135 of the General Regulations on Safety and Health in Dock Work which were made by the Government. The Committee notes that the above sections only provide for organizational measures to ensure the safety of the workers, but do not give effect to this Article of the Convention. The Committee requests the Government to indicate the measures taken to ensure that hatch coverings are maintained in good condition (Article 8(1)), that hatch coverings are fitted with adequate hand grips (except in the case set out in paragraph 2, which make the provision of hand grips unnecessary), that beams used for hatch coverings have suitable gear to fix them (paragraph 3), that hatch coverings, in so far as they are not interchangeable, are kept plainly marked (paragraph 4), and that hatch coverings shall not be used in the construction of platforms (paragraph 5).

Article 9, paragraph 2(2). The Committee notes the information supplied by the Government in reply to its previous comments, and in particular the information concerning the persons responsible for inspecting all hoisting machines on board ship; the tests undertaken after repairing hoisting machines upon the request of a hoisting team and the fixing of loads; the verification of the operation of hoisting machines after cables have been changed or hydraulic cylinders have been repaired or changed; the existence of a programme of preventive maintenance for the lubrication systems of hoisting machines; weekly visual inspections to determine whether there are traces of wear or the deterioration of gear for fixing loads; tests on steel cables carried out by the metallurgical laboratory of the Technological University at the request of the Department of Occupational Safety and Health, intended to verify their resistance to mechanical loads.

The Committee draws the Government's attention to the fact that the examinations of hoisting machines used on shore or on board ship and all fixed gear on board ship, including certain of those referred to by the Government in its report, must be regular, in accordance with Article 9, paragraph 2(2), of the Convention. It requests the Government to indicate the means by which the application of these provisions of the Convention is ensured and the time intervals with which are carried out the examinations and tests provided for in sections 29 and 30 of the General Regulations on Safety and Health in Dock Work.

Article 9, paragraph 2(5). With reference to its previous comments, the Committee notes the statement made by the Government to the effect that it is permitted not to mark either the maximum authorized working load or the date on which the inspection which established this maximum load was carried out. The Government expressed the hope of resolving this problem and adopting in future the necessary measures to guarantee that the maximum working load is marked on the equipment itself. The Committee hopes that the Government will soon be able to indicate the measures which have been adopted to ensure the application of this provision of the Convention and guarantee that the information concerned is marked.

Article 9, paragraph 2(7). In its previous comments, the Committee requested the Government to indicate the provisions which lay down that the various types of cranes and winches, excluding hoisting equipment installed on transport vehicles, should be provided with such means as to reduce to a minimum the risk of the accidental descent of the load. In reply to its comments, the Government refers to sections 37 and 41 of the General Regulations on Safety and Health in Dock Work and to the duties of the supervision of the Department of Occupational Safety and Health of the APN to ensure that all gear to fix loads complies with the provisions of section 37.

The Committee notes that the two above sections of the Regulations do not include provisions giving effect to paragraph 2(7) of this Article: neither of the two sections lays down that it is necessary to provide cranes and winches with such means as to reduce the risk of the accidental descent of a load while in the process of being lifted or lowered. It requests the Government to indicate in its next report the measures which have been taken or are envisaged to give effect to this provision of the Convention.

Article 9, paragraph 2(9). The Committee notes the reference to sections 136 to 139 of the General Regulations on Safety and Health in Dock Work made by the Government in reply to its previous comments. It notes, however, that these sections do not include provisions giving effect to paragraph 2(9) of this Article. The Committee requests the Government to indicate the measures which have been taken (or which are envisaged) to prevent the foot of a derrick being accidentally lifted out of its socket or support.

Article 11, paragraphs 1, 2 and 5 to 9. The Committee notes that none of the many sections to which the Government refers in reply to its previous comments includes provisions to give effect to the above paragraphs of Article 11 of the Convention. It requests the Government to supply information concerning the safety measures which have to be taken when fixing loads, in particular those which set out (in accordance with Article 11, paragraph 1) the conditions under which a load may be left suspended from a hoisting machine; the conditions in which it is necessary for a signaller to be employed (paragraph 2); the possibilities for workers employed in loading or unloading coal or other bulk cargo to escape easily from the hold or the 'tween decks (paragraph 5); the conditions for the correct use of stages (paragraph 6); the correct use of hooks and can-hooks when the working space in a hold is confined to the square of the hatch (paragraph 7); the prohibition to load a hoisting machine of any description beyond the authorized safe working load, save in exceptional cases and then only in so far as may be allowed by national laws or regulations (paragraph 8); and the correct use of shore cranes with varying capacity (paragraph 9).

Article 14. With reference to its previous comments, the Committee notes that section 102 of the General Regulations on Safety and Health in Dock Work do not contain provisions prohibiting the removal or interference with the safety devices provided for by the Convention and requiring their rapid restoration after each temporary removal which was necessary. The Committee once again requests the Government to indicate the measures which have been taken or are envisaged to give effect to Article 14 of the Convention.

2. The Committee takes due note of the efforts made by the National Port Authority to review annually the General Regulations on Safety and Health in Dock Work. It requests the Government to supply copies of the revised texts.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. The Committee notes the information supplied by the Government in its last report. It would be grateful if the Government would supply additional information in its next report on the following points.

Article 2, paragraph 2, of the Convention. The Committee notes the information supplied by the Government in its report. It notes that sections 59 to 71, 80 to 85 and 91 of the General Regulations on Safety and Health in Dock Work of 1988, to which the Government makes particular reference, only include provisions governing access of vehicles to and transit through ports (including the container terminals).

The Committee once again requests the Government to indicate the manner in which effect is given to the provisions of the Convention which lay down that every working place on shore and every dangerous part of the approaches regularly used by workers for going to or from a working place shall be safely and efficiently lighted; that wharves and quays shall be kept sufficiently clear of goods; that the space left along the edge of any wharf or quay shall be at least 90 cm wide and clear of all obstructions other than fixed structures, plants and appliances in use; that all dangerous parts of approaches and working places, as well as dangerous footways over bridges, caissons and dock gates shall be fenced to an appropriate height, as far as practicable.

Article 3, paragraphs 3 and 6. The Committee notes the references to sections 117 to 122 of the General Regulations on Safety and Health in Dock Work of 1988 made by the Government in its report. It once again requests the Government to indicate the measures which have been taken or are envisaged in order to give effect to paragraph 3 of Article 3 (minimum measurements for means of access to the ship, for which the measurements are indicated) as well as paragraph 6 (the prohibition placed on workers from using any other means of access than the means specified or allowed).

Article 5, paragraphs 2, 5 and 6. Further to its previous comments, the Committee notes the Government's references to sections 120 to 122 of Chapter IV and sections 123 to 130 of Chapter V of the General Regulations on Safety and Health in Dock Work, in relation to these provisions of the Convention. It notes that the above sections, which are referred to by the Government, do not contain measures giving effect to the above paragraphs of Article 5 of the Convention. The Committee requests the Government to indicate the measures which have been taken or are envisaged in order to regulate the means of access to holds in accordance with the requirements of the Convention.

Article 6, paragraph 2. With reference to its previous comments, the Committee notes the practical measures taken by the supervisors of the Department of Occupational Safety and Health of the National Port Authority (APN) in order to avoid dangerous situations related to openings in the decks of ships. It requests the Government to indicate which provisions govern the activities of the above and to provide information on any other measure which gives effect to this provision of the Convention.

Article 8. Further to its previous comments, the Committee notes the references to sections 124 to 135 of the General Regulations on Safety and Health in Dock Work which were made by the Government in its report. The Committee notes that the above sections only provide for organizational measures to ensure the safety of the workers, but do not give effect to this Article of the Convention. The Committee requests the Government to indicate the measures taken to ensure that hatch coverings are maintained in good condition (Article 8(1)), that hatch coverings are fitted with adequate hand grips (except in the case set out in paragraph 2, which make the provision of hand grips unnecessary), that beams used for hatch coverings have suitable gear to fix them (paragraph 3), that hatch coverings, in so far as they are not interchangeable, are kept plainly marked (paragraph 4), and that hatch coverings shall not be used in the construction of platforms (paragraph 5).

Article 9, paragraph 2(2). The Committee notes the information supplied by the Government in reply to its previous comments, and in particular the information concerning the persons responsible for inspecting all hoisting machines on board ship; the tests undertaken after repairing hoisting machines upon the request of a hoisting team and the fixing of loads; the verification of the operation of hoisting machines after cables have been changed or hydraulic cylinders have been repaired or changed; the existence of a programme of preventive maintenance for the lubrification systems of hoisting machines; weekly visual inspections to determine whether there are traces of wear or the deterioration of gear for fixing loads; tests on steel cables carried out by the metallurgical laboratory of the Technological University at the request of the Department of Occupational Safety and Health, intended to verify their resistance to mechanical loads.

The Committee draws the Government's attention to the fact that the examinations of hoisting machines used on shore or on board ship and all fixed gear on board ship, including certain of those referred to by the Government in its report, must be regular, in accordance with Article 9, paragraph 2(2), of the Convention. It requests the Government to indicate the means by which the application of these provisions of the Convention is ensured and the time intervals with which are carried out the examinations and tests provided for in sections 29 and 30 of the General Regulations on Safety and Health in Dock Work.

Article 9, paragraph 2(5). With reference to its previous comments, the Committee notes the statement made by the Government in its last report to the effect that it is permitted not to mark either the maximum authorized working load or the date on which the inspection which established this maximum load was carried out. The Government expressed the hope of resolving this problem and adopting in future the necessary measures to guarantee that the maximum working load is marked on the equipment itself. The Committee hopes that the Government will soon be able to indicate the measures which have been adopted to ensure the application of this provision of the Convention and guarantee that the information concerned is marked.

Article 9, paragraph 2(7). In its previous comments, the Committee requested the Government to indicate the provisions which lay down that the various types of cranes and winches, excluding hoisting equipment installed on transport vehicles, should be provided with such means as to reduce to a minimum the risk of the accidental descent of the load. In reply to its comments, the Government refers to sections 37 and 41 of the General Regulations on Safety and Health in Dock Work and to the duties of the supervision of the Department of Occupational Safety and Health of the APN to ensure that all gear to fix loads complies with the provisions of section 37.

The Committee notes that the two above sections of the Regulations do not include provisions giving effect to paragraph 2(7) of this Article: neither of the two sections lays down that it is necessary to provide cranes and winches with such means as to reduce the risk of the accidental descent of a load while in the process of being lifted or lowered. It requests the Government to indicate in its next report the measures which have been taken or are envisaged to give effect to this provision of the Convention.

Article 9, paragraph 2(9). The Committee notes the reference to sections 136 to 139 of the General Regulations on Safety and Health in Dock Work made by the Government in reply to its previous comments. It notes, however, that these sections do not include provisions giving effect to paragraph 2(9) of this Article. The Committee requests the Government to indicate the measurse which have been taken (or which are envisaged) to prevent the foot of a derrick being accidentally lifted out of its socket or support.

Article 11, paragraphs 1, 2 and 5 to 9. The Committee notes that none of the many sections to which the Government refers in reply to its previous comments includes provisions to give effect to the above paragraphs of Article 11 of the Convention. It requests the Government to supply information concerning the safety measures which have to be taken when fixing loads, in particular those which set out (in accordance with Article 11, paragraph 1) the conditions under which a load may be left suspended from a hoisting machine; the conditions in which it is necessary for a signaller to be employed (paragraph 2); the possibilities for workers employed in loading or unloading coal or other bulk cargo to escape easily from the hold or the 'tween decks (paragraph 5); the conditions for the correct use of stages (paragraph 6); the correct use of hooks and can-hooks when the working space in a hold is confined to the square of the hatch (paragraph 7); the prohibition to load a hoisting machine of any description beyond the authorized safe working load, save in exceptional cases and then only in so far as may be allowed by national laws or regulations (paragraph 8); and the correct use of shore cranes with varying capacity (paragraph 9).

Article 14. With reference to its previous comments, the Committee notes that section 102 of the General Regulations on Safety and Health in Dock Work do not contain provisions prohibiting the removal or interference with the safety devices provided for by the Convention and requiring their rapid restoration after each temporary removal which was necessary. The Committee once again requests the Government to indicate the measures which have been taken or are envisaged to give effect to Article 14 of the Convention.

2. The Committee takes due note of the efforts made by the National Port Authority to review annually the General Regulations on Safety and Health in Dock Work, as noted by the Government in its last report. It requests the Government to supply copies of the revised texts.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the general Regulations on safety and health in dock work and the Regulations respecting safety and health committees in docks which were approved by the national Port Authority Executive Committee. These Regulations give effect to most of the provisions of the Convention.

The Committee would be grateful if the Government would supply additional information in its next report on the following points:

1. Article 6, paragraph 2, of the Convention. By virtue of section 125 of the general Regulations on safety and health in dock work, all hatchways must be protected up to a height of at least one metre by coamings or fences. Please indicate the measures that have been taken to protect all other openings in a deck which might be dangerous to workers.

2. Article 9, paragraph 2(2). The provisions of section 29(e) and section 30 of the general Regulations provide for periodical meticulous tests and examinations of hoisting machines and gear for the fixing of cargoes. Please indicate the periods between these tests and examinations.

3. Article 9, paragraph 2(5). The provisions of section 136(d) of the general Regulations lay down that the maximum authorised load must be marked only on the plan for securing the load. Please indicate any provisions that have been taken or are envisaged to ensure that the maximum working load is marked on the equipment itself.

4. Article 9, paragraph 2(7). Section 37 of the general Regulations provide for such means as will reduce the risk of cargo falling for hoisting equipment installed on transport vehicles. Please indicate the provisions that have been adopted or are envisaged for this purpose as regards other types of cranes and winches.

Please indicate the means by which the application of the following provisions of the Convention is ensured: Article 2, paragraph 2 (safety of means of access); Article 3, paragraphs 3 and 6 (means of access to the ship); Article 5, paragraphs 2, 5 and 6 (means of access to the holds of the ship); Article 8 (safety in the removing or replacing of hatch coverings); Article 9, paragraph 2(9) (measures to prevent the foot of a derrick being accidentally lifted out of its socket or support); Article 11, paragraphs 1, 2 and 5-9 (safety measures when handling loads); Article 14 (prohibition on removing or interfering with means of access, equipment, etc., without authorisation).

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Further to its previous comments, the Committee notes with satisfaction that the Regulations on safety and health in dock work and the Regulations on safety and health committees on dock work, which were approved by the national Port Authority Executive Committee on 9 August 1988, give effect to the following provisions of the Convention: Article 2, paragraph 1 (maintenance of all regular approaches over a dock, wharf or quay with due regard to the safety of the workers using them); Article 3, paragraphs 1, 2 and 4 (means of access for passing to or from the ship); Article 4 (measures to ensure the safe transport of workers by water); Article 5, paragraph 3 (sufficient free passage to the means of access at the coamings); Article 6 (protection of the coamings of holds by fences); Article 7 (lighting the means of access and workplaces on board ship); Article 9, paragraphs 1, 2(1), (3), (4), (6) and (7) (examination and inspection of hoisting machines and gear); Article 10 (employment of competent and reliable persons to operate lifting machinery); Article 12 (protection of workers dealing with or working in the proximity of dangerous goods); Article 13 (existence of first-aid materials on docks, wharfs, quays and similar places used for work; provision for the rescue of immersed workers); Article 16 (obligation to apply immediately the measures set out in the Convention to ships, the building of which has been commenced); Article 17 (measures to ensure the due enforcement of any regulations).

The Committee is raising a number of other points in a request that is being addressed directly to the Government.