Solicitud directa (CEACR) - Adopción: 1988, Publicación: 75ª reunión CIT (1988)

Convenio sobre seguridad e higiene (trabajos portuarios), 1979 (núm. 152) - Finlandia (Ratificación : 1981)

1. The Committee refers to its observation and also notes the Government's reply to the previous direct request and the information supplied with regard to the application of Article 13, paragraph 3, and Article 36, paragraphs 2 and 3, of the Convention.

2. The Committee would be grateful if the Government would supply additional information on the following points:

Article 2, paragraph 1, of the Convention. (a) The Committee notes that section 2 (2) and (3) of the new Regulations to be observed when loading and unloading ships (Decision No. 915/1985 of the Council of State), excludes fishing vessels and small ships from the application of the Regulations. The Government indicates in its report that fishing vessels are excluded because they do not carry cargo. The Committee would be grateful if the Government would indicate how the conditions laid down in the provision of the Convention (maintenance of safe working conditions and consultation with organisations of employers and workers) are met in connection with the above-mentioned exclusions.

(b) The Committee also notes that section 2 (4) of the above-mentioned regulations provides that the Regulations apply to ports separately determined by the Council of State and only to the extent decided by the Council. Furthermore, the Committee notes, from the Government's reply, that all ports which bear significance with reference to dock work are listed in the Council of State decision and hopes that the next report will contain a copy of the said list.

Article 18, paragraph 5. Please indicate the provisions governing the designation of an authorised person for the purpose of operating a ship's power-operated equipment.

Article 28. Please indicate the measures taken to ensure that ships shall carry rigging plans and other relevant information necessary to permit the safe rigging of its derricks and accessory gear, as is provided for in the Convention.

Article 31, paragraph 2. The Committee notes that section 15 of the new Regulations contains general measures concerning the layout of container terminals. Please describe the means provided for ensuring the safety of workers lashing or unlashing the containers from ships in conformity with the Convention.

Article 32, paragraph 3. The Committee notes the measures provided in section 72 of the new Regulations regarding the handling of dangerous goods and the provision of protective equipment. The Committee would be grateful if the Government would indicate what measures have been taken to ensure that when dangerous substances are broken or damaged, dock work in the area shall be stopped and the workers removed to a safe place until the danger has been eliminated, as provided in the Convention.

3. The Committee also notes the comments of the Central Organisation of Finnish Trade Unions (SAK) included in the Government's report. The above-mentioned organisation refers to the statement of the Finnish Transport Workers' Union (AKT) drawing attention to the fact that the definition of "lifting appliance" in the new Regulations, and provisions issued pursuant thereto, does not correspond to the definition of "lifting appliance" provided in Article 3(e) of the Convention. As the Central organisation pointed out, the definition in the Convention covers all cargo-handling appliances including shore-based power-operated ramps used on shore, or on board ships, inter alia, for moving loads from one position to another; whereas in the Finnish definition a distinction is made between actual lifting appliances and mechanical handling appliances and this distinction creates a divergence from the Convention in regard to inspection requirements. In this regard the Committee notes that sections 35 and 36 of the new Regulations contain provisions which correspond with that of Articles 22 and 23 of the Convention in regard to inspection requirements of lifting appliances, as the term is strictly defined in the Regulations. However, section 40 of the new Regulations, which covers inspection of mechanical handling appliances, provides for inspections, other than alterations or repairs, to be performed by a person authorised by the employer and it does not prescribe a minimum interval period during which time such examinations must take place. The Committee would be grateful if the Government would indicate in its next report the measures which have been taken or are envisaged to ensure that mechanical handling devices are also inspected by a competent person and that they are periodically examined at least once every twelve months in accordance with the provisions of Articles 22 and 23 of the Convention.