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

Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Guinea (Ratification: 1982)

In its previous observation of 2014, the Committee noted the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014) and requested the Government to provide all implementing texts of the Labour Code in the port sector. In this regard, the Committee notes that the Government has referred to three ministerial decisions issued pursuant to the Labour Code pertaining to the fixing of fees for work permits, the determination of protected jobs in the private and related sectors and the use of foreign labour. The Committee requests the Government to continue to provide information on the implementing texts of the Labour Code in dock work.

The Committee notes that the Labour Code contains general provisions on safety and health (Title III “Protection of workers’ health”, chapter I “Occupational safety and health”, sections 231(1)–231(21)), which essentially reproduce the provisions contained in the previous Labour Code. Noting that the information provided in the Government’s report remains insufficient as it does not enable the Committee to assess the effect given to numerous provisions of the Convention, the Committee requests the Government to provide further information on any measures taken, for example, ministerial decisions, decrees or regulatory texts, to ensure that the general provisions of the Labour Code are effectively implemented in dock work.

Article 6(1)(a) and (b) of the Convention. Safety of dockworkers. In its previous comments, the Committee noted the Government’s indication that sections 170 and 172 of the Labour Code establish the general obligation for workers to use health and safety equipment correctly and for those responsible for workplaces to organize appropriate practical training with regard to safety and health issues for the benefit of workers, thus ensuring the application of Article 6(1)(a) and (b) of the Convention. The Committee notes that these two provisions are essentially reproduced in the new Labour Code under sections 231(3) (formerly section 170) and 231(6) (formerly section 172). Noting that the requested information was not submitted, the Committee once again requests the Government to provide detailed information on the measures taken to ensure that these general provisions of the Labour Code are applied specifically to dockworkers. The Committee encourages the Government to indicate any ministerial decisions, decrees or regulatory texts adopted with the aim of ensuring the safety of dockworkers, as well as any guidelines published or practical training provided on safety and health in dock work.

Article 6(1)(c) and (2). Participation of workers in workplace safety measures. Noting that the requested information was not submitted, the Committee once again requests the Government to indicate the measures taken for the participation of workers in workplace safety measures, and particularly the level of the guarantees provided that workers can express their views on safety at work to the extent of their control over the equipment and methods of work, express views on the working procedures adopted and report to their immediate supervisor any situation which they have reason to believe could present a risk, so that corrective measures can be taken.

Article 7. Consultation with employers and workers. In its previous comments, the Committee requested the Government to indicate the measures taken to ensure collaboration between workers and employers. The Committee notes the Government’s indication that the ministry responsible for labour has two tripartite consultation bodies. These bodies are the Consultative Commission on Labour and Social Legislation and the National Social Dialogue Council. The Committee observes that these two consultation bodies are established under sections 515(1)–515(9) of the Labour Code and, in particular, that the responsibilities of the Consultative Commission on Labour and Social Legislation have been broadened to include the promotion of the implementation of international labour standards and the strict observance of ratified Conventions, and the drafting of regular reports on the application in practice of ILO Conventions and Recommendations (section 515(1)(8)). The Committee requests the Government to provide information on any opinions, suggestions or resolutions issued by these two consultative bodies in relation to safety and health in dock work, and to provide further information on the measures taken to guarantee consultation between the workers and employers in that sector.

Article 12. Firefighting. The Committee notes that sections 71, 72 and 76 of the Merchant Marine Code briefly touch upon the question of fire protection systems and equipment, but only in the context of inspections of vessels engaged in international voyages. The Committee has been informed of the adoption of a bill issuing the Merchant Marine Code by the Council of Ministers on 25 October 2018. The Committee requests the Government to provide information on the entry into force of the new Merchant Marine Code, to supply a copy of it and to provide information on the measures taken under this new legislative framework to ensure that appropriate and adequate firefighting resources are made available in ports.

Article 32(1). Dangerous cargoes. In its previous comments, the Committee noted that section 174 of the former Labour Code, reproduced in section 231(9) of the new Labour Code, provides that vendors or distributors of dangerous substances, as well as those responsible for workplaces where such substances are used, are required to mark and label them. Noting that the requested information has not been provided by the Government, the Committee once again requests the Government to indicate the measures taken to ensure the full application of this provision of the Labour Code, which is general in scope, in the port sector, and to specify, where available, any guidelines or regulatory texts adopted in this regard.

Article 37. Safety and health committees. The Committee notes that section 231(2)(2) of the Labour Code provides that “all establishments or companies regularly employing at least 25 employees must set up a safety and health committee. The role of this committee is to study, develop and ensure the implementation of preventive and protective measures in the field of occupational safety and health.” The Committee requests the Government to provide information on the implementation of this provision in dock work.

Implementation of the Convention. The Committee previously requested the Government to provide information on the measures taken to ensure the application of the following Articles of the Convention: Article 16 (safety of water transport to and from a ship or other place, embarking and disembarking, as well as safety of transport to and from a workplace on land); Article 18 (regulations on hatch covers); Article 19(1) (protection of openings on decks); Article 19(2) (height and strength of coamings for hatchways that are not in use); Article 20 (hatch covers, ventilation and evacuation measures); Article 30 (safety measures to be taken when attaching loads to lifting appliances); Article 33 (protection against the harmful effects of excessive noise); and Article 35 (trained personnel for the rescue of persons in danger). Noting that the requested information was not submitted, the Committee once again requests the Government to indicate the measures taken or envisaged to give effect to the above-mentioned provisions of the Convention and to provide copies of the relevant national laws and regulations.

Lastly, the Committee previously requested the Government to take measures to ensure the maintenance of lifting appliances and loose gear in conformity with Articles 8–11, 14, 15, 17, 20–28, 31, 32(2)–(5) and 34 of the Convention. The Committee once again requests the Government to indicate the measures taken or envisaged regarding the maintenance of lifting appliances and loose gear, in conformity with the requirements under the above-mentioned provisions of the Convention, and to attach copies of the relevant national laws and regulations.