Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 152) sur la sécurité et l'hygiène dans les manutentions portuaires, 1979 - Liban (Ratification: 2004)

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Articles 4 and 5 of the Convention. Implementation of the provisions of the Convention. The Committee notes with deep concern the Government’s observation that the absence of safety and health legislation in dock work, which the Committee has been requesting for several years, is one of the causes of the dramatic explosion that occurred in the port of Beirut in August 2020. The Committee recalls that this explosion took place in a warehouse stocking ammonium nitrate in the port area and ravaged essential infrastructure of the harbour works and caused serious damage in the commercial and residential areas situated within the radius of the shock wave. According to the official figures, this catastrophe killed 235 persons and wounded 6,500 others. The Government indicates its intention to communicate a copy of the ILO code of practice on safety and health in ports (Revised 2016) to the General Directorate for Road Transport and Shipping of the Ministry of Public Works and Transport. The Committee expects that the Government will provide detailed information on the measures taken, in consultation with the social partners concerned, to adopt laws or regulations that aim to guarantee safety and health in dock work and their implementation.

Article 7. Consultations by the competent authority of the organizations of employers and workers concerned, and collaboration between employers and workers. Noting with concern that the Government has stated that cooperation between workers and employers is virtually non-existent, the Committee expects that the Government will take all necessary measures to engage consultations and ensure collaboration between the employers’ and worker’s organizations concerned on the application of the Convention, and especially on the adoption of laws and regulations in this respect.

Article 11. Adequate width of passageways and separate passageways for pedestrians. Noting the Government’s observation that there are no visible passageways in the port of Tripoli and that these need to be installed when rebuilding the port of Beirut, the Committee hopes that the Government will be able to introduce effective measures for the installation of passageways of adequate width for vehicles and cargo-handling appliances, and for separate passageways for pedestrian use in all national ports.

Article 38(2). Minimum age for the operation of lifting appliances and other cargo-handling appliances. The Committee notes that Decree No. 700 of 25 May 1955 which prohibited employment of persons under 17 years of age on lifting appliances and for all work which is hazardous in nature, and which poses a danger to life, or physical or mental health has been repealed. The Government refers to Decree No. 8987 of 2012 on the prohibition of minors under 18 years of age in works that may harm their health, safety, or morals. The Committee notes that persons of at least 16 years of age may be employed in the types of work listed in annex 2 of the Decree, which include work with mobile machinery, operating machinery and tools, whatever the means of transport, on condition that their physical and mental health and their morals are fully protected and that they have received specific instruction or appropriate vocational training in the relevant field of activity. Recalling that Article 38(2) of the Convention requires that a lifting appliance or other cargo-handling appliance shall be operated only by a person who is at least 18 years of age, the Committee requests the Government to take the necessary measures without delay to bring its legislation into conformity with this provision of the Convention in the port sector and to report on all progress in this regard.

Absence of information on the effect given to several provisions of the Convention. The Committee notes that the Government once again refers to Order No. 31/1 of 26 January 1996 approving the regulations for Lebanese ports and docks. It also refers to a list of bulletins published by the General Directorate for Road Transport and Shipping of the Ministry of Public Works and Transport. However, the Committee observes that these texts and bulletins do not contain provisions that give effect to the following Articles of the Convention: Article 1 (Definition of “dock work” and the manner in which employers’ and workers’ organizations concerned are consulted); Article 3 (Definitions); Article 6(1)(a) and (b), and (2) (Measures to ensure the safety of dock workers, and consultation of workers concerning working procedures); Article 8 (Measures to protect workers from health risks other than dangerous fumes); Article 9 (Safety measures with regard to lighting and marking of dangerous obstacles); Article 10 (Maintenance of surfaces for traffic or stacking of goods and safe manner of stacking goods); Article 12 (Suitable and adequate means for fighting fire); Article 13 (Effective guarding of all dangerous parts of machinery, possibility of cutting off the power to machinery in an emergency, protective measures during cleaning, maintenance or repair work); Article 15 (Adequate and safe means of access to the ship during loading or unloading); 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); Article 17 (Access to the hold or deck of a vessel); Article 18 (Regulations concerning hatch covers); Article 20 (Safety measures when power vehicles operate in the hold, hatch covers secured against displacement; ventilation regulations; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded); Article 21 (Design of lifting appliances, loose gear and lifting devices); Article 22 (Testing every lifting appliance and every item of loose gear after any substantial alteration or repair to any part liable to affect its safety; periodical testing of lifting appliances; retesting of shore-based lifting appliances, and certification of tests carried out); Article 23 (Thorough examination and certification of every lifting appliance and every item of loose gear); Article 24 (Inspection of loose gear and slings); Article 27 (Marking lifting appliances with safe working loads); Article 28 (Rigging plans); Article 29 (Strength and construction of pallets for supporting loads); Article 30 (Raising and lowering of loads); Article 31 (Operation and layout of freight container terminals and organization of work in such terminals); Article 32 (Handling, storing and stowing of dangerous substances, compliance with international regulations for transport of dangerous substances; prevention of worker exposure to dangerous substances or atmospheres); Article 33 (Protection against excessive noise); Article 35 (Removal of injured persons); Article 36 (Medical examinations; medical examinations are to be carried out free of cost to the worker, and confidentiality of the records of medical examinations); Article 37 (Safety and health committees); Article 39 (Notification of occupational accidents and diseases); Article 40 (Regulations concerning suitable sanitary and washing facilities); Article 41(a) and (b) (Assigned duties in respect of occupational safety and health, and appropriate penalties); and Article 42 (Time limits for the application of the Convention to the construction or equipping of ships, lifting appliances or loose gear). The Committee expects that any new national laws or regulations adopted by the Government concerning the protection of workers against accidents in dock work will include specific provisions in respect of all the above Articles of the Convention. The Committee requests the Government to provide information on any developments in this regard.

Part V of the report form. Application in practice. In view of the major explosion that occurred in the port of Beirut in 2020, the Committee expects that the Government will take effective measures to strengthen safety and health inspections in dock work and hopes that it will report on progress in this regard. More generally, the Committee requests the Government to provide information on the number of dockworkers protected by the legislation and the number and nature of violations observed, the measures taken as a result and the number of occupational accidents and diseases recorded.