Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 134) sur la prévention des accidents (gens de mer), 1970 - Costa Rica (Ratification: 1979)

Article 2 of the Convention. Statistics and investigations of occupational accidents. The Committee recalls that for many years it has been noting in its observations that the national legislation contains no specific provisions on the prevention of accidents to seafarers as prescribed by the Convention. Despite repeated reminders, the Committee notes that no measures have as yet been adopted to give effect to a number of provisions of the Convention. It notes the information supplied by the Government in its last report to the effect that the collection of statistics of all occupational accidents is the job of the National Insurance Institute (INS), not of the labour inspection services or the Ministry of Labour. The Committee notes that section 292 of the Labour Code does entrust the INS with maintaining a system of statistics of occupational risks allowing comparisons with other national or foreign institutions. In this connection, the Committee takes note of the communication from the INS, enclosed with the Government’s report, showing that the number of accidents in fishing and related activities stood at 339 in 2006 and 254 in 2007. It notes that the Government also enclosed statistics collected by the INS in previous reports and that, at the time, the Committee pointed out that according to Article 2(3) of the Convention, the statistics must cover the number, nature, causes and consequences of occupational accidents, indicating the department on board ship – for instance deck, engine or catering – and the area – for instance at sea or in port – where the accident occurred. The Committee accordingly asks the Government to provide with its next report statistics drawn up in accordance with the abovementioned rules, concerning occupational accidents on board vessels. It recalls in this connection that Standard A4.3(5) and Guideline B4.3.5 of the Maritime Labour Convention, 2006 (MLC, 2006), which revises Convention No. 134 and 36 other international maritime labour conventions, likewise require detailed statistics to be kept of occupational accidents and diseases.

The Committee furthermore recalls that Article 2 of the Convention requires investigations into the causes and circumstances of occupational accidents resulting in loss of life or serious personal injury, and such other accidents as may be specified in national laws or regulations. It notes that section 214(c) of the Labour Code requires employers to cooperate with the INS to facilitate any inquiries it may conduct in the event of an occupational accident. The Committee asks the Government to provide more detailed information on the compulsory nature of investigations where the occupational accident has resulted in loss of life or serious personal injury, together with any other relevant information on the organization of such investigations in practice. It recalls in this connection that Standard A4.3(5) of the MLC, 2006, requires an investigation to be held in the event of occupational accident and that Guideline B4.3.6 contains detailed provisions on the subjects that might be investigated.

Article 3. Research. The Committee asks the Government to provide information on research currently under way on general trends in occupational accidents on board ship and such hazards as are brought out by statistics.

Articles 4 and 5. Provisions on the prevention of occupational accidents. The Committee notes the adoption of Act No. 8436 of 10 February 2005 on fisheries and aquaculture, section 162 of which provides that the Costa Rican Fisheries and Aquaculture Institute (INCOPESCA), the Ministry of Health and the Costa Rican Social Insurance Fund (CCSS) shall determine in regulations the measures needed to ensure the occupational safety and health of crew members. It also notes that the Act introduces a section 198bis in the Labour Code under which the Council on Safety at Work (CST) is responsible for establishing lists of safety and protection equipment in the fisheries sector. It notes that INCOPESCA must ascertain that the observance of national and international safety standards has been certified by the Ministry of Public Works and Transport before processing any applications for the issuance or renewal of fishing permits. The Committee requests the Government to indicate whether the regulations provided for in section 162 of Act No. 8436 have been adopted, and if so to provide a copy. The Government is also requested to provide information on the procedure for certifying observance of safety rules referred to in new section 198bis of the Labour Code. The Committee furthermore hopes that the Government will in the near future adopt provisions on the prevention of accidents on board vessels assigned to the merchant marine which are not covered by Act No. 8436. In this connection, it draws the Government’s attention to the provisions of Regulation 4.3, Standard A4.3 and Guideline B4.3 of the MLC, 2006, which set forth detailed rules on the measures to be prescribed for the prevention of accidents on board ship.

Article 6(1) to (3). Inspections. The Committee notes the publication in 2008 of an updated handbook of labour inspection procedures. It notes that, according to the handbook, the provisions of the Convention are included among the standards whose application must be monitored by the labour inspection services. The Committee requests the Government to provide information on the activities conducted by the labour inspection services to enforce the provisions of the Convention and to provide copies of any official reports on the subject. The Government is likewise requested to indicate how it is ensured that inspectors are trained so as to be familiar with maritime employment and its practices, as required by Article 6(3) of the Convention.

Article 7. Occupational safety and health committees. The Committee notes that Decree No. 18379-TSS of 19 July 1988, adopted pursuant to section 288 of the Labour Code, regulates the organization and operation of the occupational health committees to be established in workplaces employing ten or more workers. Noting that in an earlier report the Government stated that, in practice two crew members, together with the ship’s master, are responsible for accident prevention, the Committee requests the Government to indicate whether any provisions in laws or regulations lay down a requirement to establish such committees on ships covered by the Convention. Furthermore, noting that Decree No. 18379-TSS does not apply where the place of work employs fewer than ten workers, it recalls that, according to Article 7 of the Convention, either a suitable committee or a suitable person or suitable persons is to be appointed to be responsible, under the master, for accident prevention. The Committee requests the Government to indicate whether any provisions require the appointment of suitable crew members to be responsible for the prevention of accidents on board where the crew has fewer than ten members. It recalls in this connection that Standard A4.3(2)(d) of the MLC, 2006, requires the establishment of a ship’s safety committee on ships where there are five or more seafarers.

Article 8. Programmes for the prevention of occupational accidents. The Committee notes that according to section 281 of the Labour Code, the CST – a technical body reporting to the Ministry of Labour – is required to produce a national occupational health plan for the short, medium and long term. It requests the Government to provide information on any programmes for the prevention of occupational accidents prepared by the CST and to send copies of any reports or other relevant publications on the subject.

Article 9. Training. The Committee notes the information supplied by the Government on the efforts undertaken by the INS and the CST for training on occupational safety in the fishing sector. It notes, in particular, that in 2003 and 2005 two workshops were organized with the participation of the ILO Subregional Office at San José. It also notes that the INS intended to organize in 2009 a course for stakeholders in the fishing sector of the Puntarenas region on occupational risk management systems. The Committee requests the Government to continue to provide information on initiatives of this kind that have been implemented and on the measures taken to include instruction in accident prevention and occupational health in the programmes for seafarers organized by vocational training centres. The Government is also requested to indicate the measures taken to draw seafarers’ attention to particular hazards, for instance by means of official notices containing relevant instructions.

Furthermore, from information provided by the Government on the occasion of the Hemispheric Conference on the MLC, 2006, organized by the ILO in September 2009, the Committee understands that the merchant fleet of Costa Rica is virtually non-existent and that the fishing fleet consists largely of foreign-registered vessels. It requests the Government to provide up-to-date information on the number and types of ships flying the flag of Costa Rica, whether merchant or fishing vessels.