Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Convenio sobre seguridad e higiene (trabajos portuarios), 1979 (núm. 152) - Jamaica (Ratificación : 2005)

In addition to the information provided by the Government in its first report regarding effect given to the Convention, the Committee notes that the Government indicates that a new draft Occupational Safety and Health Act is being developed which is intended to give, inter alia, further effect to the Convention, in particular as regards the application of Article 6(2) (workers’ rights to participate), Article 16(2) (safe transportation of dockworkers by land), Article 31 (laying out and operation of container terminals) and Article 37 (establishment, composition and functions of safety and health committees). In the context of this legislative reform, the Committee invites the Government to also take into account the application of other provisions of the Convention that do not seem to be applied in the country as further detailed below. The Committee requests the Government to indicate measures taken to give effect to the abovementioned provisions, to provide information on progress related to the ongoing legislative reform and to transmit copies of relevant legislation once it has been adopted.

Article 2, paragraphs 1–2. Exemptions. The Committee notes that according to the Docks Regulations, fishing vessels are partially exempted from some requirements related, inter alia, to the examination and testing of lifting machinery, and that barges of lighters are also partially exempted from some requirements related to means of access, hatch covers, as well as going out on a beam. In addition, the Committee notes that according to the Government’s report the Chief Factory Inspector is entitled to grant exemptions for any specified ship or class of ship and/or for any harbour dock or wharf where dock work is infrequent or where the traffic is small and confined to small ships, but the Government does not specify whether any exemptions have been granted in practice. With reference to the requirements in Article 2(1) and (2), the Committee requests the Government to indicate: whether the Chief Factory Inspector has granted any further exemptions in practice; whether consultations have been held with the organizations of employers and workers regarding the reasonableness of the exemptions provided for; and how the competent authority in all these cases ensures that the overall protection afforded is not inferior to that which would result from a full application of the provisions of the Convention.

Article 3, paragraphs (a), (c) and (d). Definitions. The Committee notes that the Government’s report is silent concerning the effect given to this Article. As regards the term “worker” the terminology used in the Docks (Safety, Health and Welfare) Regulations 1968 (Docks Regulations) appears to apply to persons “employed” rather than the more extensive definition of “any persons engaged in dock work”. The Committee further notes that while section 2 of the Docks Regulations defines the terms “competent person” in accordance with the terms provided for in the Convention, apparently no definitions corresponding to the definitions “responsible person” and “authorized person” are found in the Docks Regulations. The Government is requested to provide further information on measures taken to ensure that full effect is given to Article 3(a),(c) and (d), in law and in practice.

Article 4, paragraph 3. Use of codes of practice. Noting that the Government’s report does not provide any information as regards the development of codes of practice to ensure or assist the practical implementation of the Convention, the Committee would like to draw the Government’s attention to the code of practice recently adopted by the ILO entitled, Safety and health in ports (Geneva, 2005). The text of this code of practice is available, inter alia, at the ILO web site: www.ilo.org/public/english/protection/safework/cops/english/. The Government is asked to keep the Committee informed of any developments in this respect.

Article 5, paragraph 2. Collaboration between two or more employers. The Committee notes the provisions detailing the respective duties of persons involved in dock work provided for, inter alia, in sections 5 and 67–71 of the Docks Regulations. The Committee also notes that the Government seems to maintain that effect is also given to the specific duty of two or several employers to collaborate whenever they undertake activities simultaneously at one workplace although the Docks Regulations do not seem to contain a corresponding legislative provision. The Committee requests the Government to indicate, in more detail and with reference to relevant legislation, measures taken to give effect to this provision of the Convention.

Article 7. Collaboration between employers and workers. The Committee notes that in this context the Government indicated that the main consultative mechanism on matters related to dock work is the Labour Advisory Council (LAC), which includes both employer and worker representatives. The Committee requests the Government to provide further details regarding the work of the LAC on matters related to dock work and provide further information on any other measures taken to ensure the collaboration between employers and workers in practice.

Article 11. Adequate width of passageways and separate passageways for pedestrians. The Government refers in its report to section 44 (placing of goods on wharf or quay) of the Docks Regulations and section 19 (means of access from ship to shore and shore to ship) regarding the application of this provision. The Committee also notes section 64 (provision and use of safe access). The Committee requests the Government to indicate how these provisions are used in practice to ensure that provisions are made for passageways of adequate width for vehicles and cargo-handling appliances and for ensuring separate passageways for pedestrian use, in accordance with this Article of the Convention.

Article 13, paragraphs 2–5 and 7. Safety in the use of dangerous machinery. While the Government’s report is silent regarding the application of these provisions, the Committee notes that section 37, paragraph 2, of the Docks Regulations, does provide specifically that conveyors driven by mechanical power shall be provided with efficient means for cutting the power in an emergency, but does not contain a general requirement that other types of machinery also be provided with such means of cutting off power. Furthermore, as indicated by the Government, the Docks Regulations do not regulate the question of nominating responsible persons as required in Article 13(3) and (4). No information is provided regarding the application of other provisions of this Article. The Committee requests the Government to provide additional information on measures taken to ensure the application of Article 13(2)–(5) and (7) of the Convention in relation to safety in the use of dangerous machinery.

Article 18, paragraphs 4–5. Use of power-operated equipment on board ships. The Committee notes that the Government refers to section 5, paragraph 4(c) of the Docks Regulations, as giving effect to this provision and that this provision, together with section 46, paragraph 1(a) and (b), determine the categories of persons that may be entitled to carry out the duties in question. However, as noted above under Article 3, there is no definition of “authorized person” provided for in the Docks Regulations. As a result there seems to be no measures taken to ensure that the persons authorized to use power-operated equipment on board ships have sufficient knowledge and experience to carry out these duties. It is also not clear in the Docks Regulations who is responsible in cases of ships with less than 200 tons net registered tonnage which have only one hatchway. The Committee requests the Government to indicate measures taken to give full effect, in law and in practice, to Article 18(4) and (5), regarding the use of power-operated equipment on board ships.

Article 19. Safe use of hatchways. The Government refers to section 46 of the Docks Regulations which prescribes certain safety requirements related to the use of hatchways which make exception for ships below 200 tons registered tonnage or which are equipped with only one hatchway. The Committee also notes that no information is provided as regards the appointment of a responsible person to ensure that hatchways without comings are closed after use. The Committee requests the Government to indicate measures taken to give full effect, in law and in practice, to this Article of the Convention.

Article 20, paragraph 1. Safety in the context of unloading and loading operations. The Committee notes that although section 59 of the Docks Regulations provides legal provisions as regards the specific case of evacuating fumes generated by combustion engines used in holds, the report is silent and the Docks Regulations does not otherwise contain any relevant provision on the application of Article 20(1) of the Convention. The Committee requests the Government to provide information on measures taken to give full effect, in law and in practice, to this provision of the Convention concerning safety in the context of unloading and loading operations.

Article 22, paragraph 4. Procedure for examining lifting appliances and items of loose gear. The Committee notes that the Government in its report refers to section 28, paragraphs 3–4, of the Docks Regulations, but that these provisions do not provide that upon the completion of every test of a lifting appliance or item of loose gear, the appliance or gear shall be thoroughly examined and certified by the persons carrying out the test. The Committee requests the Government to provide information on measures taken to give full effect, in law and in practice, to this provision of the Convention.

Article 26, paragraphs 1(b), 2(a) and (b), and 3. Mutual recognition of testing, examination, inspection and certification requirements of lifting appliances and loose gear. The Committee notes that the Government’s report seems to maintain that effect is given to these provisions, but that no detailed information is provided as to how this is done. The Committee requests the Government to indicate, in more detail and with reference to relevant legislation, the effect given in law and in practice to these provisions of the Convention.

Article 32, paragraphs 1–4. Dangerous substances. The Committee notes that the Government in its report refers to section 58, paragraph 2, of the Docks Regulations, but that this provision only regulates the handling, transportation and storage of radioactive substances. The Committee also notes that the Government refers to section 289 of the Shipping Act 1998, which entitled the Minister to prescribe more detailed rules regarding the definition and management of dangerous goods, but that it is unclear whether any such detailed rules have actually been developed. The Committee requests the Government to indicate if the Minister has prescribed any regulations in respect of section 289, paragraphs 1 and 2, of the Shipping Act and, if so, to provide copies of these regulations. It also requests the Government to provide further information on measures taken to regulate the handling, transportation and storage of dangerous substances other than radioactive substances, in order to give full effect, in law and in practice, to these provisions of the Convention.

Article 34, paragraphs 2–3. Provision and use of personal protective equipment. The Committee notes the reference made to section 60 of the Docks Regulations. With reference thereto as well as to section 57, the Committee notes that no provision seems to be made for the requirements in paragraphs 2–3 of this Article of the Convention regarding the required care of the personal protective equipment by workers and the employers’ obligation to maintain this equipment. The Committee requests the Government to indicate measures taken to give full effect, in law and in practice, to these provisions of the Convention.

Article 35. Adequate facilities in cases of accidents and provision of first aid. While the report is silent regarding the application of this Article, the Committee notes that sections 8–13 as well as section 57, paragraph 3, include provisions related to rescue from water and the provision of first-aid boxes and stretchers. These provisions also include provisions concerning ambulances in docks which employ more than 50 workers and the provision of first-aid rooms in docks with more than 100 workers. The Government is requested to indicate measures taken to ensure the transport of sick persons in ports with less than 50 workers and the provision of first aid to workers in ports not equipped with first-aid rooms.

Article 38, paragraph 1. Provision of adequate instructions and training. According to the Government’s report, the Docks Regulations does not regulate this provision of the Convention. The Committee therefore invites the Government to consider adopting measures to give effect to this provision of the Convention.

Article 27, paragraph 3. Marking of ship’s derricks. Article 28. Plans for safe rigging of derricks and accessory gear. Article 33. Protection against excessive noise. Article 36. Medical examinations and occupational health services. Article 39. Reporting of occupational accidents and diseases. As regards the application of these provisions, the Committee notes that the Government’s report either provides no information or indicates that they are not applied. The Committee requests the Government to indicate measures taken to give full effect, in law and in practice, to these provisions of the Convention.

Part V of the report form. Application in practice. The Committee notes that the Government’s report is silent as regards the application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, and attach extracts from the reports of the inspections services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported.