Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Lebanon (Ratification: 2004)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 4 and 5 of the Convention. Implementation of the provisions of the Convention. The Committee notes with deep concern the Government’s observation that the absence of safety and health legislation in dock work, which the Committee has been requesting for several years, is one of the causes of the dramatic explosion that occurred in the port of Beirut in August 2020. The Committee recalls that this explosion took place in a warehouse stocking ammonium nitrate in the port area and ravaged essential infrastructure of the harbour works and caused serious damage in the commercial and residential areas situated within the radius of the shock wave. According to the official figures, this catastrophe killed 235 persons and wounded 6,500 others. The Government indicates its intention to communicate a copy of the ILO code of practice on safety and health in ports (Revised 2016) to the General Directorate for Road Transport and Shipping of the Ministry of Public Works and Transport. The Committee expects that the Government will provide detailed information on the measures taken, in consultation with the social partners concerned, to adopt laws or regulations that aim to guarantee safety and health in dock work and their implementation.

Article 7. Consultations by the competent authority of the organizations of employers and workers concerned, and collaboration between employers and workers. Noting with concern that the Government has stated that cooperation between workers and employers is virtually non-existent, the Committee expects that the Government will take all necessary measures to engage consultations and ensure collaboration between the employers’ and worker’s organizations concerned on the application of the Convention, and especially on the adoption of laws and regulations in this respect.

Article 11. Adequate width of passageways and separate passageways for pedestrians. Noting the Government’s observation that there are no visible passageways in the port of Tripoli and that these need to be installed when rebuilding the port of Beirut, the Committee hopes that the Government will be able to introduce effective measures for the installation of passageways of adequate width for vehicles and cargo-handling appliances, and for separate passageways for pedestrian use in all national ports.

Article 38(2). Minimum age for the operation of lifting appliances and other cargo-handling appliances. The Committee notes that Decree No. 700 of 25 May 1955 which prohibited employment of persons under 17 years of age on lifting appliances and for all work which is hazardous in nature, and which poses a danger to life, or physical or mental health has been repealed. The Government refers to Decree No. 8987 of 2012 on the prohibition of minors under 18 years of age in works that may harm their health, safety, or morals. The Committee notes that persons of at least 16 years of age may be employed in the types of work listed in annex 2 of the Decree, which include work with mobile machinery, operating machinery and tools, whatever the means of transport, on condition that their physical and mental health and their morals are fully protected and that they have received specific instruction or appropriate vocational training in the relevant field of activity. Recalling that Article 38(2) of the Convention requires that a lifting appliance or other cargo-handling appliance shall be operated only by a person who is at least 18 years of age, the Committee requests the Government to take the necessary measures without delay to bring its legislation into conformity with this provision of the Convention in the port sector and to report on all progress in this regard.

Absence of information on the effect given to several provisions of the Convention. The Committee notes that the Government once again refers to Order No. 31/1 of 26 January 1996 approving the regulations for Lebanese ports and docks. It also refers to a list of bulletins published by the General Directorate for Road Transport and Shipping of the Ministry of Public Works and Transport. However, the Committee observes that these texts and bulletins do not contain provisions that give effect to the following Articles of the Convention: Article 1 (Definition of “dock work” and the manner in which employers’ and workers’ organizations concerned are consulted); Article 3 (Definitions); Article 6(1)(a) and (b), and (2) (Measures to ensure the safety of dock workers, and consultation of workers concerning working procedures); Article 8 (Measures to protect workers from health risks other than dangerous fumes); Article 9 (Safety measures with regard to lighting and marking of dangerous obstacles); Article 10 (Maintenance of surfaces for traffic or stacking of goods and safe manner of stacking goods); Article 12 (Suitable and adequate means for fighting fire); Article 13 (Effective guarding of all dangerous parts of machinery, possibility of cutting off the power to machinery in an emergency, protective measures during cleaning, maintenance or repair work); Article 15 (Adequate and safe means of access to the ship during loading or unloading); Article 16 (Safe transport to or from a ship or other place by water, safe embarking and disembarking, and safe transport to or from a workplace on land); Article 17 (Access to the hold or deck of a vessel); Article 18 (Regulations concerning hatch covers); Article 20 (Safety measures when power vehicles operate in the hold, hatch covers secured against displacement; ventilation regulations; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded); Article 21 (Design of lifting appliances, loose gear and lifting devices); Article 22 (Testing every lifting appliance and every item of loose gear after any substantial alteration or repair to any part liable to affect its safety; periodical testing of lifting appliances; retesting of shore-based lifting appliances, and certification of tests carried out); Article 23 (Thorough examination and certification of every lifting appliance and every item of loose gear); Article 24 (Inspection of loose gear and slings); Article 27 (Marking lifting appliances with safe working loads); Article 28 (Rigging plans); Article 29 (Strength and construction of pallets for supporting loads); Article 30 (Raising and lowering of loads); Article 31 (Operation and layout of freight container terminals and organization of work in such terminals); Article 32 (Handling, storing and stowing of dangerous substances, compliance with international regulations for transport of dangerous substances; prevention of worker exposure to dangerous substances or atmospheres); Article 33 (Protection against excessive noise); Article 35 (Removal of injured persons); Article 36 (Medical examinations; medical examinations are to be carried out free of cost to the worker, and confidentiality of the records of medical examinations); Article 37 (Safety and health committees); Article 39 (Notification of occupational accidents and diseases); Article 40 (Regulations concerning suitable sanitary and washing facilities); Article 41(a) and (b) (Assigned duties in respect of occupational safety and health, and appropriate penalties); and Article 42 (Time limits for the application of the Convention to the construction or equipping of ships, lifting appliances or loose gear). The Committee expects that any new national laws or regulations adopted by the Government concerning the protection of workers against accidents in dock work will include specific provisions in respect of all the above Articles of the Convention. The Committee requests the Government to provide information on any developments in this regard.

Part V of the report form. Application in practice. In view of the major explosion that occurred in the port of Beirut in 2020, the Committee expects that the Government will take effective measures to strengthen safety and health inspections in dock work and hopes that it will report on progress in this regard. More generally, the Committee requests the Government to provide information on the number of dockworkers protected by the legislation and the number and nature of violations observed, the measures taken as a result and the number of occupational accidents and diseases recorded.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the observations of the General Confederation of Lebanese Workers (CGTL), provided with the Government’s 2017 report, calling for Decree No. 11802 (of 3 January 2004) on the organization of occupational prevention, safety and health to be applied to port workers.The Committee requests the Government to comment on those observations.

With reference to its previous comments, the Committee notes the Government’s indications in its 2017 report that the Ministry of Labour requested information in July 2017 on the application of the Convention to the Directorate General of Land and Maritime Transport of the Ministry of Public Works and Transport. The Committee notes that no information has been received in this respect. The Committee is therefore bound to recall that its previous comments related to the following points:

Articles 4 and 5 of the Convention. Implementation of the provisions of the Convention. The Committee noted previously that, even though the provisions of the Convention became an integral part of national legislation by virtue of Decree No. 90 of 16 September 1983, they require the adoption of laws and regulations. In this regard, the Committee previously drew the Government’s attention to the ILO Code of practice on safety and health in ports (revised version of 2016) which could provide practical guidance for the drafting of national legislation on occupational safety and health in dock work.The Committee once again requests the Government to indicate how effect is given to these Articles of the Convention.

Article 7. Consultations by the competent authority of the organizations of employers and workers concerned, and collaboration between employers and workers. The Committee requests the Government to provide information on measures taken or envisaged to give effect to this Article of the Convention.

Article 11. Adequate width of passageways and separate passageways for pedestrians. The Committee previously noted the Government’s statement that the width of passageways permitting the safe use of vehicles and cargo-handling appliances differed from port to port, and that in general they were all inadequate.The Committee once again requests the Government to indicate the measures taken to ensure that provision is made, in all ports, for passageways of adequate width for vehicles and cargo-handling appliances, and for separate passageways for pedestrian use in accordance with this Article of the Convention.

Article 26. Mutual recognition of arrangements for testing and certification of lifting appliances and items of loose gear on a ship. The Government previously referred to section 2 of Order No. 86/LR of 3 May 1939 on maritime safety, without any further indications on how effect is given to this Article of the Convention.The Committee requests the Government to provide a copy of Order No. 86/LR and to provide any other information it considers useful on the effect given to this Article of the Convention.

Article 38(2). Minimum age for the operation of lifting appliances and other cargo-handling appliances. The Committee previously noted from the information included in the Government’s 2007 report that it is prohibited to employ persons under the age of 17 to operate mobile machinery, lifting appliances and for all work which is hazardous in nature and which poses a danger to life or physical or mental health (Decree No. 700 of 25 May 1955). The Committee draws the Government’s attention to the fact that this Article of the Convention sets the minimum age for operating lifting and other cargo-handling appliances at 18.The Committee requests the Government to take the necessary measures without delay to comply with this requirement of the Convention in ports and to report any progress made in this regard.

The Committee recalls that it still does not have sufficient information from the Government on the measures taken to give effect to the following provisions of the Convention: Article 1 (definition of “dock work” and the manner in which employers’ and workers’ organizations concerned are consulted); Article 3 (definitions); Article 6(1)(a) and (b), and (2) (measures to ensure the safety of port workers, and consultation of workers concerning working procedures); Article 8 (measures to protect workers from health risks other than dangerous fumes); Article 9 (safety measures with regard to lighting and marking of dangerous obstacles); Article 10 (maintenance of surfaces for vehicle traffic and the safe stacking of goods); Article 12 (suitable and adequate means of firefighting); Article 13 (effective guarding of all dangerous parts of machinery, possibility of cutting off the power to machinery in an emergency, protective measures during cleaning, maintenance or repair work); Article 15 (adequate and safe means of access to the ship during loading or unloading); Article 16 (safe transport to or from a ship or other place by water, safe embarking and disembarking, and safe transport to or from a workplace on land); Article 17 (access to the hold or deck of a vessel); Article 18 (regulations concerning hatch covers); Article 20 (safety measures when power vehicles are operated in the hold, hatch covers secured against displacement; ventilation regulations; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded); Article 21 (design of lifting appliances and loose gear); Article 22 (testing of every lifting appliance and every item of loose gear after any substantial alteration or repair to any part liable to affect its safety; periodical testing of lifting appliances; retesting of shore-based lifting appliances, and certification of tests carried out); Article 23 (thorough examination and certification of every lifting appliance and every item of loose gear); Article 24 (inspection of loose gear and slings); Article 25 (registers of lifting appliances and loose gear); Article 27 (marking of lifting appliances with safe working loads); Article 28 (rigging plans); Article 29 (strength and construction of pallets for supporting loads); Article 30 (measures necessary for the raising and lowering of loads); Article 31 (operation and layout of freight container terminals and organization of work in such terminals); Article 32 (handling, storing and stowing of dangerous substances, compliance with international regulations for transport of dangerous substances; prevention of worker exposure to dangerous substances or atmospheres); Article 33 (protection against excessive noise); Article 35 (removal of injured persons); Article 36 (medical examinations to be carried out free of cost to the worker, and confidentiality of the records of medical examinations); Article 37 (safety and health committees); Article 39 (notification of occupational accidents and diseases); Article 40 (regulations concerning suitable sanitary and washing facilities); Article 41(a) and (b) (assigned duties in respect of occupational safety and health, and appropriate penalties); and Article 42 (time limits for the application of the Convention to the construction or equipping of ships, lifting appliances or loose gear).The Committee requests the Government to report in detail, with an indication of the applicable laws and regulations, on how those provisions of the Convention are given effect.

Part V of the report form. Application in practice.The Committee requests the Government to provide any information it considers relevant to enable a general assessment of the way in which the Convention is applied, including information on the number of port workers protected by the legislation, the number and nature of infringements reported, the measures taken as a result and the number of reported occupational accidents and diseases, and to provide the relevant extracts from the reports of the inspection services concerned.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the General Confederation of Lebanese Workers (CGTL), provided with the Government’s 2017 report, calling for Decree No. 11802 (of 3 January 2004) on the organization of occupational prevention, safety and health to be applied to port workers. The Committee requests the Government to comment on those observations.

With reference to its previous comments, the Committee notes the Government’s indications in its 2017 report that the Ministry of Labour requested information in July 2017 on the application of the Convention to the Directorate General of Land and Maritime Transport of the Ministry of Public Works and Transport. The Committee notes that no information has been received in this respect. The Committee is therefore bound to recall that its previous comments related to the following points:

Articles 4 and 5 of the Convention. Implementation of the provisions of the Convention. The Committee noted previously that, even though the provisions of the Convention became an integral part of national legislation by virtue of Decree No. 90 of 16 September 1983, they require the adoption of laws and regulations. In this regard, the Committee previously drew the Government’s attention to the ILO Code of practice on safety and health in ports (revised version of 2016) which could provide practical guidance for the drafting of national legislation on occupational safety and health in dock work. The Committee once again requests the Government to indicate how effect is given to these Articles of the Convention.

Article 7. Consultations by the competent authority of the organizations of employers and workers concerned, and collaboration between employers and workers. The Committee requests the Government to provide information on measures taken or envisaged to give effect to this Article of the Convention.

Article 11. Adequate width of passageways and separate passageways for pedestrians. The Committee previously noted the Government’s statement that the width of passageways permitting the safe use of vehicles and cargo-handling appliances differed from port to port, and that in general they were all inadequate. The Committee once again requests the Government to indicate the measures taken to ensure that provision is made, in all ports, for passageways of adequate width for vehicles and cargo-handling appliances, and for separate passageways for pedestrian use in accordance with this Article of the Convention.

Article 26. Mutual recognition of arrangements for testing and certification of lifting appliances and items of loose gear on a ship. The Government previously referred to section 2 of Order No. 86/LR of 3 May 1939 on maritime safety, without any further indications on how effect is given to this Article of the Convention. The Committee requests the Government to provide a copy of Order No. 86/LR and to provide any other information it considers useful on the effect given to this Article of the Convention.

Article 38(2). Minimum age for the operation of lifting appliances and other cargo-handling appliances. The Committee previously noted from the information included in the Government’s 2007 report that it is prohibited to employ persons under the age of 17 to operate mobile machinery, lifting appliances and for all work which is hazardous in nature and which poses a danger to life or physical or mental health (Decree No. 700 of 25 May 1955). The Committee draws the Government’s attention to the fact that this Article of the Convention sets the minimum age for operating lifting and other cargo-handling appliances at 18. The Committee requests the Government to take the necessary measures without delay to comply with this requirement of the Convention in ports and to report any progress made in this regard.

The Committee recalls that it still does not have sufficient information from the Government on the measures taken to give effect to the following provisions of the Convention: Article 1 (definition of “dock work” and the manner in which employers’ and workers’ organizations concerned are consulted); Article 3 (definitions); Article 6(1)(a) and (b), and (2) (measures to ensure the safety of port workers, and consultation of workers concerning working procedures); Article 8 (measures to protect workers from health risks other than dangerous fumes); Article 9 (safety measures with regard to lighting and marking of dangerous obstacles); Article 10 (maintenance of surfaces for vehicle traffic and the safe stacking of goods); Article 12 (suitable and adequate means of firefighting); Article 13 (effective guarding of all dangerous parts of machinery, possibility of cutting off the power to machinery in an emergency, protective measures during cleaning, maintenance or repair work); Article 15 (adequate and safe means of access to the ship during loading or unloading); Article 16 (safe transport to or from a ship or other place by water, safe embarking and disembarking, and safe transport to or from a workplace on land); Article 17 (access to the hold or deck of a vessel); Article 18 (regulations concerning hatch covers); Article 20 (safety measures when power vehicles are operated in the hold, hatch covers secured against displacement; ventilation regulations; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded); Article 21 (design of lifting appliances and loose gear); Article 22 (testing of every lifting appliance and every item of loose gear after any substantial alteration or repair to any part liable to affect its safety; periodical testing of lifting appliances; retesting of shore-based lifting appliances, and certification of tests carried out); Article 23 (thorough examination and certification of every lifting appliance and every item of loose gear); Article 24 (inspection of loose gear and slings); Article 25 (registers of lifting appliances and loose gear); Article 27 (marking of lifting appliances with safe working loads); Article 28 (rigging plans); Article 29 (strength and construction of pallets for supporting loads); Article 30 (measures necessary for the raising and lowering of loads); Article 31 (operation and layout of freight container terminals and organization of work in such terminals); Article 32 (handling, storing and stowing of dangerous substances, compliance with international regulations for transport of dangerous substances; prevention of worker exposure to dangerous substances or atmospheres); Article 33 (protection against excessive noise); Article 35 (removal of injured persons); Article 36 (medical examinations to be carried out free of cost to the worker, and confidentiality of the records of medical examinations); Article 37 (safety and health committees); Article 39 (notification of occupational accidents and diseases); Article 40 (regulations concerning suitable sanitary and washing facilities); Article 41(a) and (b) (assigned duties in respect of occupational safety and health, and appropriate penalties); and Article 42 (time limits for the application of the Convention to the construction or equipping of ships, lifting appliances or loose gear). The Committee requests the Government to report in detail, with an indication of the applicable laws and regulations, on how those provisions of the Convention are given effect.

Part V of the report form. Application in practice. The Committee requests the Government to provide any information it considers relevant to enable a general assessment of the way in which the Convention is applied, including information on the number of port workers protected by the legislation, the number and nature of infringements reported, the measures taken as a result and the number of reported occupational accidents and diseases, and to provide the relevant extracts from the reports of the inspection services concerned.

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

The Committee notes that the Government’s report only indicates that a few positive developments occurred in applying occupational safety and health at the two main ports in Lebanon (Beirut and Tripoli) and does not provide the information requested in its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes the information supplied by the Government in its reports on the application of the Convention including information provided by the Ministry of Public Works and Transport, Directorate General of Land and Maritime Transport, in the form of two letters (No. 4772/6) of 24 June 2006, and (No. 4269/6) of 6 July 2007, respectively.

Articles 4 and 5 of the Convention. Implementation of the provisions of the Convention. The Committee notes the information contained in the Government’s report according to which “ratified international Conventions and Treaties and their publication confer to their provisions the force of law. If the provisions of international Conventions and Treaties conflict with the provisions of national law, the former take precedence over the latter” (Act on the Procedures of Civil Cases/Legislative Decree No. 90 of 16 September 1983, as amended). In this regard, the Committee would recall that international labour Conventions are not self-executing instruments, and thus ratifying States are under the obligation to take the necessary measures to bring their national laws and practice into conformity with the provisions of those Conventions. More specifically, the provisions of Convention No. 152, even if they become part of national legislation by virtue of the said Decree No. 90, require the adoption of laws and regulations as required by the provisions of the Convention. In this context, the Committee draws the Government’s attention to the ILO Code of practice on safety and health in ports (2005), which could be a basis of the future drafting of national legislations on occupational safety and health in dock works. This Code of practice is available, inter alia, through the ILO’s website by following the link, http://www.ilo.org/public/english/protection/ safework/cops/english/index.htm. Therefore, the Committee requests the Government to indicate how effect is given to the provisions of the Convention.

Article 7. Provisions under which the competent authority consults the organizations of employers and workers concerned, and collaboration between employers and workers. The Committee notes the information contained in the Government’s report that the Government found inadequate the indications given by the Administration of Ports on the application of the provisions of this Article. The Committee requests the Government to provide information on measures taken or envisaged to give effect to this Article of the Convention.

Article 11. Adequate width of passageways and separate passageways for pedestrians. The Committee notes the Government’s statement that the width of passageways permitting the safe use of vehicles and cargo-handling appliances differed from port to port, and that in general they were all inadequate. The Committee requests the Government to indicate the measures taken to ensure that provisions are made for passageways of adequate width for vehicles and cargo-handling appliances, for ensuring separate passageways for pedestrian use in accordance with this Article of the Convention.

Article 26. Mutual recognition of arrangements for testing and examination. The Committee notes the information in the Government’s report, which includes reference to section 2 of Order No. 86/LR of 3 May 1939 on maritime safety without any further indications on how effect is given to this Article of the Convention. The Committee requests the Government to provide copy of this Order in order to assess the application of this Article of the Convention.

Article 38(2). Minimum age for handling lifting and other cargo-handling appliances. The Committee notes the information contained in the Government’s report according to which it is prohibited to employ persons before 17 years of age on mobile machinery, lifting appliances on work which is hazardous by its nature, and which poses danger to their lives, health or morals. In this regard, in accordance with Decree No. 700 of 25 May 1955 on prohibition of employment of persons under 17 years old on mobile machinery, lifting appliances on work which is hazardous by its nature, and which poses danger to their lives, health or morals. The Committee draws the attention of the Government that this Article of the Convention requires a minimum age for handling lifting and other cargo-handling appliances is 18 years old. Therefore, the Committee requests the Government to indicate how effect is given to the provisions of the Convention.

The Committee notes that, in its report, the Government does not provide any clarification with regard to the measures taken to give effect to the following provisions of the Convention: Article 1. Definition of “dock work” and the manner in which employers’ and workers’ organizations concerned were consulted; Article 3. Definition; Article 6(1)(a) and (b), and (2). Measures to ensure the safety of portworkers, and consultation of workers concerning working procedures; Article 8. Measures to protect workers from health risks other than dangerous fumes; Article 9. Safety measures with regard to lighting and marking of dangerous obstacles; Article 10. Maintenance of surfaces for traffic or stacking of goods and safe manner of stacking goods; Article 12. Suitable and adequate means for fighting fire; Article 13. Effective guarding of all dangerous parts of machinery, possibility of cutting off the power to machinery in an emergency, protective measures during cleaning, maintenance or repair work; Article 15. Adequate and safe means of access to the ship during loading or unloading; Article 16. Safe transport to or from a ship or other place by water, safe embarking and disembarking, and safe transport to or from a workplace on land; Article 17. Access to the hold or deck of a vessel; Article 18. Regulations concerning hatch covers; Article 20. Safety measures when power vehicles operate in the hold, hatch covers secured against displacement; ventilation regulations; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded; Article 21. Design of lifting appliances, loose gear and lifting devices; Article 22. Testing every lifting appliance and every item of loose gear after any substantial alteration or repair to any part liable to affect its safety; periodical testing of lifting appliances; retesting of shore-based lifting appliances, and certification of tests carried out; Article 23. Thorough examination and certification of every lifting appliance and every item of loose gear; Article 24. Inspection of loose gear and slings; Article 25. Registers of lifting appliances and loose gear; Article 27. Marking lifting appliances with safe working loads; Article 28. Rigging plans; Article 29. Strength and construction of pallets for supporting loads; Article 30. Raising and lowering of loads; Article 31. Operation and layout of freight container terminals and organization of work in such terminals; Article 32. Handling, storing and stowing of dangerous substances, compliance with international regulations for transport of dangerous substances; prevention of worker exposure to dangerous substances or atmospheres; Article 33. Protection against excessive noise; Article 35. Removal of injured persons; Article 36. Medical examinations; medical examinations are to be carried out free of cost to the worker, and confidentiality of the records of medical examinations; Article 37. Safety and health committees; Article 39. Notification of occupational accidents; Article 40. Regulations concerning suitable sanitary and washing facilities; Article 41(a) and (b). Assigned duties in respect of occupational safety and health, and appropriate penalties; Article 42. Time limits for the application of the Convention to the construction or equipping of ships, lifting appliances or loose gear. Therefore, the Committee requests the Government to indicate how effect is given to these provisions of the Convention.

Part V of the report form. Application in practice. The Committee notes that the Government’s report does not contain any information regarding the application in practice of the provisions giving effect to the Convention. It accordingly requests the Government to give a general appreciation of the manner in which the Convention is applied in Lebanon and provide information on the number of workers covered by laws giving effect to the Convention, the number and nature of contraventions reported, the resulting action taken and the number of occupational accidents and diseases reported, and attach relevant extracts from the reports of the concerned inspection services.

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

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 matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes the information supplied by the Government in its reports on the application of the Convention including information provided by the Ministry of Public Works and Transport, Directorate General of Land and Maritime Transport, in the form of two letters (No. 4772/6) of 24 June 2006, and (No. 4269/6) of 6 July 2007, respectively.

Articles 4 and 5 of the Convention. Implementation of the provisions of the Convention. The Committee notes the information contained in the Government’s report according to which “ratified international Conventions and Treaties and their publication confer to their provisions the force of law. If the provisions of international Conventions and Treaties conflict with the provisions of national law, the former take precedence over the latter” (Act on the Procedures of Civil Cases/Legislative Decree No. 90 of 16 September 1983, as amended). In this regard, the Committee would recall that international labour Conventions are not self-executing instruments, and thus ratifying States are under the obligation to take the necessary measures to bring their national laws and practice into conformity with the provisions of those Conventions. More specifically, the provisions of Convention No. 152, even if they become part of national legislation by virtue of the said Decree No. 90, require the adoption of laws and regulations as required by the provisions of the Convention. In this context, the Committee draws the Government’s attention to the ILO code of practice on safety and health in ports (2005), which could be a basis of the future drafting of national legislations on occupational safety and health in dock works. This code of practice is available, inter alia, through the ILO’s website by following the link, http://www.ilo.org/public/english/protection/safework/ cops/english/index.htm. Therefore, the Committee requests the Government to indicate how effect is given to the provisions of the Convention.

Article 7. Provisions under which the competent authority consults the organizations of employers and workers concerned, and collaboration between employers and workers. The Committee notes the information contained in the Government’s report that the Government found inadequate the indications given by the Administration of Ports on the application of the provisions of this Article. The Committee requests the Government to provide information on measures taken or envisaged to give effect to this Article of the Convention.

Article 11. Adequate width of passageways and separate passageways for pedestrians. The Committee notes the Government’s statement that the width of passageways permitting the safe use of vehicles and cargo-handling appliances differed from port to port, and that in general they were all inadequate. The Committee requests the Government to indicate the measures taken to ensure that provisions are made for passageways of adequate width for vehicles and cargo-handling appliances, for ensuring separate passageways for pedestrian use in accordance with this Article of the Convention.

Article 26. Mutual recognition of arrangements for testing and examination. The Committee notes the information in the Government’s report, which includes reference to section 2 of Order No. 86/LR of 3 May 1939 on maritime safety without any further indications on how effect is given to this Article of the Convention. The Committee requests the Government to provide copy of this Order in order to assess the application of this Article of the Convention.

Article 38(2). Minimum age for handling lifting and other cargo-handling appliances. The Committee notes the information contained in the Government’s report according to which it is prohibited to employ persons before 17 years of age on mobile machinery, lifting appliances on work which is hazardous by its nature, and which poses danger to their lives, health or morals. In this regard, in accordance with Decree No. 700 of 25 May 1955 on prohibition of employment of persons under 17 years old on mobile machinery, lifting appliances on work which is hazardous by its nature, and which poses danger to their lives, health or morals. The Committee draws the attention of the Government that this Article of the Convention requires a minimum age for handling lifting and other cargo-handling appliances is 18 years old. Therefore, the Committee requests the Government to indicate how effect is given to the provisions of the Convention.

The Committee notes that, in its report, the Government does not provide any clarification with regard to the measures taken to give effect to the following provisions of the Convention: Article 1. Definition of “dock work” and the manner in which employers’ and workers’ organizations concerned were consulted; Article 3. Definition; Article 6(1)(a) and (b), and (2). Measures to ensure the safety of portworkers, and consultation of workers concerning working procedures; Article 8. Measures to protect workers from health risks other than dangerous fumes; Article 9. Safety measures with regard to lighting and marking of dangerous obstacles; Article 10. Maintenance of surfaces for traffic or stacking of goods and safe manner of stacking goods; Article 12. Suitable and adequate means for fighting fire; Article 13. Effective guarding of all dangerous parts of machinery, possibility of cutting off the power to machinery in an emergency, protective measures during cleaning, maintenance or repair work; Article 15. Adequate and safe means of access to the ship during loading or unloading; Article 16. Safe transport to or from a ship or other place by water, safe embarking and disembarking, and safe transport to or from a workplace on land; Article 17. Access to the hold or deck of a vessel; Article 18. Regulations concerning hatch covers; Article 19. Protection around openings and decks, closing of hatchways when not in use; Article 20. Safety measures when power vehicles operate in the hold, hatch covers secured against displacement; ventilation regulations; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded; Article 21. Design of lifting appliances, loose gear and lifting devices; Article 22. Testing every lifting appliance and every item of loose gear after any substantial alteration or repair to any part liable to affect its safety; periodical testing of lifting appliances; retesting of shore-based lifting appliances, and certification of tests carried out; Article 23. Thorough examination and certification of every lifting appliance and every item of loose gear; Article 24. Inspection of loose gear and slings; Article 25. Registers of lifting appliances and loose gear; Article 27. Marking lifting appliances with safe working loads; Article 28. Rigging plans; Article 29. Strength and construction of pallets for supporting loads; Article 30. Raising and lowering of loads; Article 31. Operation and layout of freight container terminals and organization of work in such terminals; Article 32. Handling, storing and stowing of dangerous substances, compliance with international regulations for transport of dangerous substances; prevention of worker exposure to dangerous substances or atmospheres; Article 33. Protection against excessive noise; Article 35. Removal of injured persons; Article 36. Medical examinations; medical examinations are to be carried out free of cost to the worker, and confidentiality of the records of medical examinations; Article 37. Safety and health committees; Article 39. Notification of occupational accidents; Article 40. Regulations concerning suitable sanitary and washing facilities; Article 41(a) and (b). Assigned duties in respect of occupational safety and health, and appropriate penalties; Article 42. Time limits for the application of the Convention to the construction or equipping of ships, lifting appliances or loose gear. Therefore, the Committee requests the Government to indicate how effect is given to these provisions of the Convention.

Part V of the report form. Application in practice. The Committee notes that the Government’s report does not contain any information regarding the application in practice of the provisions giving effect to the Convention. It accordingly requests the Government to give a general appreciation of the manner in which the Convention is applied in Lebanon and provide information on the number of workers covered by laws giving effect to the Convention, the number and nature of contraventions reported, the resulting action taken and the number of occupational accidents and diseases reported, and attach relevant extracts from the reports of the concerned inspection services.

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

1. The Committee notes the information supplied by the Government in its reports on the application of the Convention including information provided by the Ministry of Public Works and Transport, Directorate General of Land and Maritime Transport, in the form of two letters (No. 4772/6) of 24 June 2006, and (No. 4269/6) of 6 July 2007, respectively.

2. Articles 4 and 5 of the Convention. Implementation of the provisions of the Convention. The Committee notes the information contained in the Government’s report according to which “ratified international Conventions and Treaties and their publication confer to their provisions the force of law. If the provisions of international Conventions and Treaties conflict with the provisions of national law, the former take precedence over the latter” (Act on the Procedures of Civil Cases/Legislative Decree No. 90 of 16 September 1983, as amended). In this regard, the Committee would recall that international labour Conventions are not self-executing instruments, and thus ratifying States are under the obligation to take the necessary measures to bring their national laws and practice into conformity with the provisions of those Conventions. More specifically, the provisions of Convention No. 152, even if they become part of national legislation by virtue of the said Decree No. 90, require the adoption of laws and regulations as required by the provisions of the Convention. In this context, the Committee draws the Government’s attention to the ILO Code of practice on safety and health in ports (2005), which could be a basis of the future drafting of national legislations on occupational safety and health in dock works. 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. Therefore, the Committee requests the Government to indicate how effect is given to the provisions of the Convention.

3. Article 7. Provisions under which the competent authority consults the organizations of employers and workers concerned, and collaboration between employers and workers. The Committee notes the information contained in the Government’s report that the Government found inadequate the indications given by the Administration of Ports on the application of the provisions of this Article. The Committee requests the Government to provide information on measures taken or envisaged to give effect to this Article of the Convention.

4. Article 11. Adequate width of passageways and separate passageways for pedestrians. The Committee notes the Government’s statement that the width of passageways permitting the safe use of vehicles and cargo-handling appliances differed from port to port, and that in general they were all inadequate. The Committee requests the Government to indicate the measures taken to ensure that provisions are made for passageways of adequate width for vehicles and cargo-handling appliances, for ensuring separate passageways for pedestrian use in accordance with this Article of the Convention.

5. Article 26. Mutual recognition of arrangements for testing and examination. The Committee notes the information in the Government’s report, which includes reference to section 2 of Order No. 86/LR of 3 May 1939 on maritime safety without any further indications on how effect is given to this Article of the Convention. The Committee requests the Government to provide copy of this Order in order to assess the application of this Article of the Convention.

6. Article 38, paragraph 2. Minimum age for handling lifting and other cargo-handling appliances. The Committee notes the information contained in the Government’s report according to which it is prohibited to employ persons before 17 years of age on mobile machinery, lifting appliances on work which is hazardous by its nature, and which poses danger to their lives, health or morals. In this regard, in accordance with Decree No. 700 of 25 May 1955 on prohibition of employment of persons under 17 years old on mobile machinery, lifting appliances on work which is hazardous by its nature, and which poses danger to their lives, health or morals. The Committee draws the attention of the Government that this Article of the Convention requires a minimum age for handling lifting and other cargo-handling appliances is 18 years old. Therefore, the Committee requests the Government to indicate how effect is given to the provisions of the Convention.

7. The Committee notes that, in its report, the Government does not provide any clarification with regard to the measures taken to give effect to the following provisions of the Convention: Article 1. Definition of “dock work” and the manner in which employers’ and workers’ organizations concerned were consulted; Article 3. Definition; Article 6, paragraphs 1(a) and (b) and 2. Measures to ensure the safety of portworkers, and consultation of workers concerning working procedures; Article 8. Measures to protect workers from health risks other than dangerous fumes; Article 9. Safety measures with regard to lighting and marking of dangerous obstacles; Article 10. Maintenance of surfaces for traffic or stacking of goods and safe manner of stacking goods; Article 12. Suitable and adequate means for fighting fire; Article 13. Effective guarding of all dangerous parts of machinery, possibility of cutting off the power to machinery in an emergency, protective measures during cleaning, maintenance or repair work; Article 15. Adequate and safe means of access to the ship during loading or unloading; Article 16. Safe transport to or from a ship or other place by water, safe embarking and disembarking, and safe transport to or from a workplace on land; Article 17. Access to the hold or deck of a vessel; Article 18. Regulations concerning hatch covers; Article 19. Protection around openings and decks, closing of hatchways when not in use; Article 20. Safety measures when power vehicles operate in the hold, hatch covers secured against displacement; ventilation regulations; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded; Article 21. Design of lifting appliances, loose gear and lifting devices; Article 22. Testing every lifting appliance and every item of loose gear after any substantial alteration or repair to any part liable to affect its safety; periodical testing of lifting appliances; retesting of shore-based lifting appliances, and certification of tests carried out; Article 23. Thorough examination and certification of every lifting appliance and every item of loose gear; Article 24. Inspection of loose gear and slings; Article 25. Registers of lifting appliances and loose gear; Article 27. Marking lifting appliances with safe working loads; Article 28. Rigging plans; Article 29. Strength and construction of pallets for supporting loads; Article 30. Raising and lowering of loads; Article 31. Operation and layout of freight container terminals and organization of work in such terminals; Article 32. Handling, storing and stowing of dangerous substances, compliance with international regulations for transport of dangerous substances; prevention of worker exposure to dangerous substances or atmospheres; Article 33. Protection against excessive noise; Article 35. Removal of injured persons; Article 36. Medical examinations; medical examinations are to be carried out free of cost to the worker, and confidentiality of the records of medical examinations; Article 37. Safety and health committees; Article 39. Notification of occupational accidents; Article 40. Regulations concerning suitable sanitary and washing facilities; Article 41, paragraphs (a) and (b). Assigned duties in respect of occupational safety and health, and appropriate penalties; Article 42. Time limits for the application of the Convention to the construction or equipping of ships, lifting appliances or loose gear. Therefore, the Committee requests the Government to indicate how effect is given to these provisions of the Convention.

8. Part V of the report form. Application in practice. The Committee notes that the Government’s report does not contain any information regarding the application in practice of the provisions giving effect to the Convention. It accordingly requests the Government to give a general appreciation of the manner in which the Convention is applied in Lebanon and provide information on the number of workers covered by laws giving effect to the Convention, the number and nature of contraventions reported, the resulting action taken and the number of occupational accidents and diseases reported, and attach relevant extracts from the reports of the concerned inspection services.