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

Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Seychelles (Ratification: 2005)

Legislation. Noting that the Occupational Safety and Health (Medical Examination) Regulations and the Occupational Safety and Health (Health and Welfare) Regulations, 1991, are not annexed to the report, the Committee requests the Government to transmit a copy of these texts with its next report.

Article 6(1)(b) of the Convention. Reasonable care by workers for their own safety and that of others who may be affected by their acts. The Committee notes the Government’s indication that while Part II of the Occupational Safety and Health Decree, Chapter 151, makes provision for the general duty of employees to take reasonable care for their own safety and that of others, the topic will be covered in a more detailed manner when the proposed National Policy on Occupational Safety and Health comes into force. The Committee would be grateful for the Government to keep the ILO informed on the development of the National Policy on Occupational Safety and Health, and to submit a copy of the policy document once it is adopted.

Article 7(2). Consultation with employers and workers. The Committee notes the information provided by the Government with regard to Part III of the Occupational Safety and Health Decree, Chapter 151, which establishes the Occupational Safety Board, comprised of government, employer and worker representatives. The Committee would be grateful for the Government to provide further information concerning the work of the Occupational Safety Board, including indications on the consultations held during the period covered by its next report and its results.

Article 12. Fighting fire. In its report, the Government states that this Article is in accordance to aforementioned laws and legislations, without providing further details or referencing particular legislative dispositions. The Committee asks the Government to provide further information on suitable and adequate means for fighting fire, in accordance with Article 12 of the Convention and to indicate the relevant articles of the legislation.

Article 13. Machinery. The Committee notes from the Government’s report that no information is provided regarding paragraphs 1 and 2 of this Article. The Committee also notes that the Occupational Safety and Health (Dock Work) Regulation 2012 stipulates that the Minister may appoint a competent person to enforce the regulations. However, the Committee notes that the 2012 Regulation does not detail the conditions or criteria considered by the Minister when appointing a responsible or authorized person. The Committee asks the Government to provide information on the effect given to paragraphs 1 and 2, and to provide details on the provisions governing the appointment of a responsible or authorized person for the purposes enumerated in paragraphs 3 and 4 of Article 13 of the Convention.

Article 20(1). Safety in the context of unloading and loading operations. The Committee notes that although section 4(e) of the Occupational Safety and Health Decree, Chapter 151, states that an employer has the duty to provide and maintain a safe working environment for his workers, the report does not specifically mention measures to be taken to ensure the safety of workers required to be in a ship’s hold or on its cargo deck when power vehicles operate in that hold. The Committee would be grateful if the Government would provide information regarding worker safety when power vehicles or power-operated appliances are in use in the vicinity.

Article 22(1). Examination of lifting appliances and items of loose gear. In its report, the Government refers to Part V of the Occupational Safety and Health (Dock Work) Regulation 2012, where section 14(1) prescribes that all lifting machinery and lifting gear shall have been tested and examined by a competent person before being taken into use. The Committee asks the Government to provide information on measures taken, in law and in practice, to ensure that all machinery and lifting gear is tested after any substantial alteration or repair liable to affect its safety, in accordance with Article 22(1) of the Convention.

Article 31. Safety of workers working with containers. The Government’s report indicates that many measures are in place to ensure worker safety in container terminals, as provided for in paragraph 1 of this Article. With regards to paragraph 2, the Government states that no workers are allowed to enter a container stacking area without authorization or permission. The Committee notes however that the Government does not refer to any legislation that provides for these measures. The Committee asks the Government to indicate any legislative dispositions giving effect to this Article of the Convention, and requests further details concerning means provided for ensuring the safety of workers lashing or unlashing containers, as provided for in paragraph 2 of this Article.

Article 36. Periodical medical examinations. The Committee notes that in its report, the Government refers to the Occupational Safety and Health (Medical Examination) Regulations to demonstrate the effect given to this Article of the Convention. As the legislative text is not included in the file, the Committee is unable to assess whether full effect is given to this provision of the Convention. The Committee would be grateful for the Government to provide to the Office a copy of the legislation referenced in the report, and to indicate the measures taken to give effect to this provision of the Convention.

Article 37. Safety and health committees. The Committee notes that the review of the Occupational Safety and Health Decree, undertaken in May 2013, has made provisions for the establishment of Safety and Health Committees for organizations with more than 50 employees. The Committee would be grateful for the Government to keep the ILO informed on the review of the Decree, and to submit a copy of the relevant legislation once it is adopted.

Articles 5(2), 6(1)(c), 6(2), 8, 23, 25, 26(1), 26(2)(a), 28, 29, 38(2) and 41(a) and (c). The Committee notes the insufficiency of information regarding the application of these Articles of the Convention. The Committee asks the Government to indicate, in detail and with reference to relevant legislation when applicable, measures taken or envisaged to ensure that full effect given in law and in practice to these Articles of the Convention.

Articles 11, 20(2) and (4), 30, 38(1) and 42. The Committee notes that the legislation referenced by the Government under these Articles of the Convention does not fully apply these provisions. The Committee asks the Government to provide further information on measures taken to ensure that full effect is given, in law and in practice, to these provisions of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country and attach extracts from the reports of inspection services, information on the number of workers covered by the legislation, the number and nature of contraventions reported and the resulting action taken.