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

Convention (n° 152) sur la sécurité et l'hygiène dans les manutentions portuaires, 1979 - Egypte (Ratification: 1988)

1. The Committee notes the information in the Government’s report, including reference made to the Labour Code (Act No. 12 of 2003) and the Ministerial Order No. 211/2003 on safety requirements and preventive measures against biological, chemical, physical, and mechanical hazards and securing the work environment. With reference to its request addressed directly to the Government in 1996, the Committee requests the Government to indicate whether Order No. 98 of 1986 of the Ministry of Transport, authorizing Egyptian companies in the private sector and Egyptian individuals to carry on maritime transport activities and Order No. 163 of 1988 of the Ministry of Transport regulating the conduct of maritime transport activities by Egyptian private sector companies and Egyptian individuals remain in force.

2. Article 3 of the Convention. Definitions. The Committee notes that the Government’s report is silent as regards the definitions provided for in this Article. The Committee requests the Government to indicate whether national legislation provides for a definition of the terms “worker”; “competent person”; “responsible person”; “authorized person”; “lifting appliance”; and “loose gear”.

3. Article 4, paragraph 3. Adoption of technical standards or codes of practice. The Committee notes that the Government’s report is silent as regards the adoption of technical standards or codes of practice to assist in the practical implementation of the Convention. In this context, the Committee takes this occasion to bring to the Government’s attention a newly adopted ILO code of practice in this area, Safety and health in ports, Geneva, 2005. This code of practice is available, inter alia, through the ILO’s web site by following the link, http://www.ilo.org/public/english/protection/safework/cops/english/index.htm. The Committee requests the Government to indicate measures taken to give effect to this provision of the Convention.

4. Article 7, paragraph 1. Consultation with the organizations of employers and workers; and paragraph 2. Collaboration between employers and workers. The Government refers in its report to section 25 of Order No. 211/2003 as well as to sections 208, 209, 211, 212 and 213 of the Labour Code, but the Committee notes that these provisions do not seem to give effect to these provisions of the Convention. The Committee requests the Government to indicate measures taken to give effect, in law and in practice, to these provisions of the Convention.

5. Article 11. Width of passageways for pedestrians and cargo-handling appliances. The Committee notes that the Government refers in its report to Ministerial Order No. 211 of 2003 but the Committee notes that this Order does not seem to give effect to this Article of the Convention. The Committee requests the Government to indicate measures taken to give effect, in law and in practice, to this Article of the Convention.

6. Article 15. Adequate and safe means of access to the ship; Article 16. Safe transport to or from a ship or other place by water, safe embarking and disembarking, and safe transport to or from a workplace on land; and Article 16. Access to the hold or deck of a vessel. The Committee notes the Government’s information regarding practice in this matter, but notes that the report does not provide any reference to legislation giving effect to these provisions of the Convention. The Committee requests the Government to indicate measures taken to give effect to these provisions of the Convention.

7. Article 17, paragraph 1(b). Access to the hold or deck of a vessel. The Committee notes the Government’s statement that access to the ship’s hold or cargo deck is ensured by appropriate means, decided upon by the ship’s captain, either through the ladder of the ship’s hold or reaching the cargo deck from above. Besides, there is a technical safety specialist who ensures the safety of workers. The Committee requests the Government to indicate the manner in which the competent authority determines acceptable means of access to a ship’s hold or cargo deck in accordance with this provision of the Convention.

8. Article 18. Construction of hatch covers or beams. The Committee notes that the Government refers in its report to section 25 of Order No. 211/2003, but the Committee notes that this section does not seem to give effect to this Article of the Convention. The Committee requests the Government to indicate the specific measures taken to give effect, in law and in practice, to this Article of the Convention.

9. Article 22, paragraph 1. Testing of lifting appliances. The Committee notes the Government’s statement, without reference to relevant legislation, that all lifting appliances are tested by the competent authority, as regards their operational and loading capacities. Such tests and examinations are undertaken at regular intervals (every six months) or after any substantial alteration or repair has been made to any part liable to affect the safety of the appliance. The Committee requests the Government to indicate the provisions of laws or regulations requiring lifting appliances and loose gear to be tested by competent persons before being put into use for the first time. Please also indicate how often lifting appliances forming part of a ship’s equipment must be re-tested.

10. Article 24. Inspection of loose gear and slings. The Committee notes that the Government refers in its report to section 30 of Order No. 211/2003, but the Committee notes that this section does not seem to give effect to this Article of the Convention. The Committee requests the Government to indicate measures taken to give effect, in law and in practice, to the requirement that every item of loose gear be regularly inspected before use, that in the case of pre-slung cargoes, the slings be inspected as frequently as reasonably practicable and that a responsible person be appointed for such purposes.

11. Article 26. Mutual recognition of arrangements for testing and examination; certification and safe use of lifting appliances. The Committee notes that the Government’s statement refers to sections 27, 28 and 30 of Order No. 211 which do not seem to be relevant in this context. The Committee requests the Government to indicate measures taken for the recognition of arrangements referred to in this Article of the Convention.

12. Article 31. Operation and layout of freight container terminals and organization of work in such terminals. The Committee notes that the Government refers to sections 25, 27, 30, 32 and 34 of Order No. 211/2003 but that these sections do not seem to give effect to this Article of the Convention. The Committee requests the Government to indicate measures taken, in law and in practice, to give effect to the provisions of this Article of the Convention.

13. Article 36, paragraph 1(a). Periodic medical examinations; and paragraph 1(b). Maximum intervals at which periodic medical examinations are to be carried out. The Committee notes that the Government refers to section 217 of the Labour Code, but that this section does not seem to give effect to this Article of the Convention. It also notes the Government’s reference to section 219(3) providing for coordination between the undertaking and the Health Insurance Authority for carrying out the required periodical examinations. The Committee requests the Government to indicate measures taken to give effect, in law and in practice, to the requirements to provide for medical examinations regulated in this Article. Please also indicate the maximum intervals at which periodic medical examinations of port workers are carried out in practice.

14. Article 4 and Part III. National laws and regulations. The Committee notes that the Government has provided no information regarding the effect given, in law and in practice, to the following provisions of the Convention: Articles 4, paragraph 1(b) and (f), paragraph 2(d), (e), (h), (j), (n) and (q); Article 5, paragraph 2; Article 6, paragraph 1(c); Article 8; Article 9; Article 10; Article 13, paragraphs 5–7; Article 19, paragraph 2; Article 20, paragraphs 1, 2, and 4; Article 23; Article 25; Articles 27–30; Article 32, paragraph 5; Article 36, paragraph 1(c) and (d), and paragraphs 2 and 3; Article 41(b) and Article 42 of the Convention. The Committee requests the Government to indicate measures taken, in law and in practice, to give effect to these provisions of the Convention.

15. Part V of the report form. Application in practice. The Committee notes that the Government’s report did not include information as regards the practical application of the Convention. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country and attach extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported.