Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Convention (n° 152) sur la sécurité et l'hygiène dans les manutentions portuaires, 1979 - Mexique (Ratification: 1982)

1. The Committee notes the information provided by the Government in its report and the attached legislation. It also notes the provisions of the Mexican Official Standards NOM-004-STPS-1999 and NOM-006-STPS-2000 giving effect to Article 22, paragraphs 2 and 3, of the Convention. Retesting of lifting appliances and Article 24, paragraph 1. Prohibition of the reuse of expendable or disposable slings and, in the case of pre-slung cargoes, inspection of the slings as frequently as is reasonably practicable. The Committee also wishes to draw the Government’s attention to the code of practice recently adopted by the ILO, entitled Safety and health in ports (Geneva, 2005). This code of practice is available, inter alia, on the ILO web site at the following address: http://www.ilo.org/public/english/protection/safework/cops/english/index.htm. The Committee would be grateful to be provided with additional information on the following points.

2. Article 25, paragraphs 1 and 2. Records and registers. The Committee notes that section 7(1)(z)(ss) of NOM-006-STPS-2000 provides that the results of tests shall be recorded, with a brief description of the procedure followed. The Committee recalls that Article 25, paragraph 1, requires records to specify the safe working load and the dates and results of the tests of lifting appliances and items of loose gear concerned; and that paragraph 2 requires the keeping of a register of lifting appliances and items of loose gear in accordance with the model recommended by the International Labour Office, which is available in English at the following address: http://www.ilo.org/ilolex/english/convdispl.htm. The Committee requests the Government to indicate the provisions which give full effect to this provision of the Convention.

3. The Committee notes that the report does not contain any information concerning its previous comment relating to the following Articles of the Convention: Article 4, paragraph 2(d), in conjunction with Article 16, paragraph 2. Measures to ensure the safety of workers when they have to be transported on land; Article 4, paragraph 2(h), in conjunction with Article 27, paragraph 3, and Article 28. Rigging and use of ship’s derricks, and the carrying on board of rigging plans; Article 22, paragraph 1. Testing of lifting appliances before being put into use for the first time; and Article 31. Operation of freight container terminals and means to be provided for ensuring the safety of workers lashing or unlashing the containers. The Committee hopes that the Government will take the necessary measures to ensure that its legislation gives full effect to the provisions of the Convention. The Committee requests the Government to keep it informed of any development in this respect and to provide a copy of any relevant text as soon as it is adopted.

4. Part V of the report form. Application in practice. The Committee notes the Government’s indications relating to the safety and health clauses contained in collective agreements. It also notes the indication that 72,609 inspections were carried out at the national level between 2001 and 30 June 2007, without noting any violations of the provisions of the Convention. In this respect the Committee notes that the Government does not indicate the number of inspections carried out in ports. The Committee requests the Government to continue providing information on collective agreements, with particular reference to their application in practice. It also requests the Government to provide extracts of the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, the number of occupational accidents reported, as well as any other information enabling it to assess the manner in which the Convention is applied in practice in the country.