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

Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) - Argentina (Ratification: 1950)

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The Committee notes the observations of the Confederation of Labour of the Argentine Republic (CGT RA) and the Industrial Confederation of Argentina (UIA), received on 1 September 2023, relating to the application of the Convention in practice.

Articles 8, 13(2), 14 and 18 of the Convention. Specific legislation on the protection of dockworkers against accidents. The Committee recalls that, for over 20 years, it has been requesting the Government to take specific measures to give effect to the requirements of these Articles of the Convention. The Committee notes with regret that the Government does not provide information on measures taken to this end, despite the time that has passed. The Committee considers that the full application of the Convention requires the adoption of specific measures on dock work, focused on the prevention of occupational risk and, in this case, with respect to Articles: 8 (the measures of security for hatch coverings and beams used for hatch coverings); 13(2) (the rescue of immersed workers from drowning); 14 (prohibiting the removal of or interference with any fencing, gangway, gear, ladders, etc.); and 18 (agreements of reciprocity). Therefore, the Committee firmly hopes that the Government will provide detailed information on the measures taken or envisaged, in consultation with the social partners, to give effect to Articles 8, 13(2), 14 and 18 of the Convention.

Application of the Convention in practice. The Committee notes that the CGT RA indicates that, with regard to safety and health in docks, the Office of the Superintendent on Occupational Risks published a technical note on the loading and unloading of barges (2021), containing recommendations and good practices on prevention, intended to contribute to the minimum safety conditions that must be observed by workers who operate the grain barges during the loading and unloading processes in docks. In addition, the CGT RA states that the Argentine Port Council, within the framework of the first national workshop on safety and environment in ports (2021), drew attention to the need to regulate safety and health matters in docks through a regulation on safety and health of dockworkers in Argentina, which includes the introduction of joint committees in all ports, the improvement of port facilities, the possibility of developing a protocol on port hazards to reduce occupational accidents and the dissemination of environmental standards in each port. The CGT RA also indicates that the fact that labour inspection responsibilities are carried out by a wide variety of bodies, concessions and consortiums generates a dispersion of responsibilities, which caused a fatal accident in the port of Rosario in May 2023. The CGT RA highlights that, following the death of the dockworker, the Union of United Mar Del Plata Dockworkers (SUPA) reported the precariousness of safety standards in docks, referred to two previous fatal accidents, stated that several docks had been closed due to previous complaints, suspended port operations and announced the opening of legal proceedings against an enterprise in the port of Rosario. The enterprise claimed in its defence that, according to the terms of its concession, it was not responsible for making the necessary investments in the port. The Committee notes, however, the Government’s information that no specific violations of the Convention have been registered. The Committee also notes the 2022 annual report on occupational accidents of the Office of the Superintendent on Occupational Risks, and notes the data relating to manual loading, showing 1,377 accidents reported, of which 1,324 resulted in days off work and disability, and two were fatal. The Committee requests the Government to clarify whether the manual loading services mentioned in the 2022 annual report on occupational accidentsof the Office of the Superintendent on Occupational Risks refer only to handling in docks or whether they include manual loading in other transport sectors. Taking into account the allegations of the CGT RA on the dispersion of responsibilities for ensuring safety and health in ports, and the relatively high number of accidents reported annually in the report of the Office of the Superintendent on Occupational Risks, the Committee requests the Government to provide information on the measures taken or envisaged to prevent accidents from occurring during work performed on shore or on board ship in the loading or unloading of any ship engaged in maritime or inland navigation, as required by the Convention. The Committee also invites the Government to provide information on any follow-up given to the recommendations of the Argentine Port Council relating to the adoption of the regulation on safety and health of dockworkers in Argentina, as well as on any other regulation for the sector.

Prospects for the ratification of the most up-to-date Convention. The Committee takes this opportunity to encourage the Government to follow up on the decision adopted by the Governing Body at its 328th Session (October–November 2016), in which the recommendations of the Standards Review Mechanism Tripartite Working Group were adopted, and to consider the possibility of ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which is the most up-to-date instrument in this area. The Committee requests the Government to provide information on measures taken in this respect.

The Committee noted information supplied by the following State in an answer to a direct request: Tajikistan.