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Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Legislation giving effect to the Convention. The Committee notes the information provided by the Government regarding the legislative and regulatory framework that implements the provisions of the Convention, and in particular the indication that the Factories Act of 1974 provides for the protection of workers, including seamen, and that the Maritime Administration ensures that ship-owners comply with the provisions of Part XIII and Section 193 of the Merchant Shipping Act, 2003, which concerns occupational safety and health for seamen. While taking note of this information, the Committee wishes to recall that the provisions of the Convention aim to provide protection to dockers against accidents while performing on shore or on board ship work of loading or unloading any ship engaged in maritime or inland navigation in, on, or at any maritime or inland port, harbour, dock, wharf, quay or similar place at which such work is carried on. In this regard, the Committee recalls that in previous reports, the Government had referred to the Docks Regulation (safety of wharf dockers) Rules, 1960, as implementing the Convention. However, it appears unclear whether these Rules are still in force to ensure the protection of dockers against accidents. Consequently, the Committee requests the Government to specify any up-to-date legislation or regulations that give effect to the provisions of the Convention for the protection of dockers against accidents.
Part V of the report form. Application in practice. The Committee notes the Government’s indication that in practice, accidents are reported to the Ministry of Labour and Social Security; investigations are conducted and compensations are computed in collaboration with the Ministry of Health and Sanitation; and employers then pay compensations to victims, where necessary. The Committee requests the Government to provide available information on the number of inspections carried out in relation to the enforcement of regulations prescribed for the protection of the dockworkers against accidents, the number of contraventions reported, as well as statistical data on the number, nature and causes of accidents recorded in cargo handling operations.
Prospects for the ratification of the most up-to-date Convention. The Committee encourages the Government to review the decision adopted by the Governing Body at its 328th Session (October–November 2016) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which is the most up-to-date instrument in this subject area. The Committee requests the Government to provide information on any measures taken in this regard.
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