Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Peru (Ratification: 1988)

The Committee notes the first and second reports of the Government on the application of the Convention. It notes the national regulations supplied with the Government's first report.

I. The Committee asks the Government to give in its next report detailed information for each Article of the Convention on the provisions of laws and regulations or on any other measures adopted to ensure the application of each of the provisions of the Convention (Point II of the report form).

II. The Committee asks the Government to provide in its next report more particularly information on the following points.

1. Articles 1, 7, paragraph 1, 36, paragraph 1, and 37, paragraph 2, of the Convention. The Committee asks the Government to indicate the provisions under which the competent authority must consult the employers' and workers' organizations concerned to give effect to these provisions. It asks the Government to describe the manner in which the above organizations are consulted.

2. Article 4, paragraphs 1(e) and 2(p), and Article 35. The Committee notes that under section 33(j) of the regulations on industrial health and safety committees, one of the obligations of such committees is to cooperate with first-aid services. The Committee asks the Government to indicate which provision of the law or regulations prescribes the establishment of first-aid facilities in ports, and which provision covers the provision and maintenance in ports of appropriate and adequate rescue facilities.

3. Article 18, paragraphs 3 to 5. The Committee notes that, according to section 75 of the regulations on health and safety for workers in all sea and river ports, hatch covers and beams must be marked to indicate the hatch to which they belong (paragraph 3 of Article 18). The Committee asks the Government to indicate the provisions establishing that hatch covers and other power-operated ships' equipment shall be opened or closed only by authorized persons (paragraphs 4 and 5).

4. Article 19. The Committee notes that several provisions of national regulations (e.g. those of sections 15, 16, 41 and 64 of the health and safety regulations for workers in all maritime and river ports) prescribe measures to protect openings and to prevent workers from falling. It asks the Government to indicate the measures that must be taken in order to prevent the fall of vehicles. Please indicate also the measures governing the designation of a responsible person to ensure that the measures referred to in paragraph 2 of this Article are carried out.

5. The Committee asks the Government to indicate the measures taken or envisaged to give effect to the following provisions of the Convention.

Article 4, paragraph 1(f). (Procedures to deal with any emergency situations.)

Article 4, paragraph 2(a). (General requirements concerning dock structures and other places at which dock work is carried out.)

Articles 4, paragraph 2(d), and 16. (Measures to be taken to ensure the safety of workers during land or water transport.)

Articles 4, paragraph 2(f), and 21, paragraph 1. (Safety measures concerning the construction and maintenance of lifting and other cargo-handling appliances.)

Article 4, paragraph 2(g) and (h). (Safety measures concerning the construction, maintenance and use of staging; rigging and use of ships' derricks.)

Article 4, paragraph 2(i), and Articles 22 to 27. (Measures to be taken concerning the testing, examination, inspection and certification of lifting appliances, loose gear, slings and other lifting devices which form an integral part of the load.)

Articles 4, paragraph 2(k), and 10, paragraph 1. (Safety measures used in the stacking and storage of goods; preparation and maintenance of surfaces used for this purpose.)

Articles 4, paragraph 2(l), and 32. (Measures, including those required by international regulations, to be taken in order to ensure workers' safety in handling dangerous substances and cargo.)

Article 4, paragraph 2(o). (Measures to be taken to ensure medical supervision.)

Article 4, paragraph 3. (Adoption of technical standards or codes of practice or the use of other appropriate methods to ensure the practical application of prescriptions laid down in the national legislation, in accordance with paragraph 1 of Article 4 of the Convention.)

Article 9, paragraph 2. (Marking and lighting of any obstacle liable to be dangerous to the movement of a lifting appliance, vehicle or person.)

Article 10, paragraph 2. (Precautions to be taken where goods or materials are stacked, stowed, unstacked or unstowed, having regard to their nature and their packing.)

Article 11. (Provision of sufficiently wide passageways to permit the safe use of vehicles and cargo-handling appliances; provision of passageways for pedestrian use.)

Article 13, paragraph 2. (Measures to be taken so that the power to machinery may be cut off promptly if necessary.)

Article 13, paragraph 4. (Measures providing that only an authorized person shall be permitted to remove any guard or safety device for the purpose of cleaning, adjustment or repair or where the work to be done so requires.)

Article 13, paragraphs 5 and 6. (Rules to be followed when the guard or safety device has been removed.)

Article 18, paragraph 1. (Prohibition from using a hatch cover or beam unless it is of sound construction, of adequate strength for the use to which it is to be put and properly maintained.)

Article 20, paragraphs 1 and 2. (Measures to ensure the safety of workers in the hold or on a cargo deck of a ship when power vehicles or power-operated appliances are in use; prohibition from removing or replacing hatch covers and beams while work is in progress in the hold under the hatchway.)

Article 29. (Measures to ensure that pallets and similar devices are of sound construction and adequate strength.)

Article 31. (Measures to ensure that the safety of the workers is ensured by the layout and operation of freight container terminals and, in the case of ships carrying containers, by the manner in which the work is organized.)

Article 34, paragraph 3. (Proper maintenance of personal protective equipment and protective clothing.)

Article 36, paragraphs 2 and 3. (Measures to ensure that medical examinations and investigations are free of cost to the worker and that the records of such examinations and investigations are confidential.)

Article 38, paragraph 2. (Prohibition from employing as operators of lifting appliances and other cargo-handling appliances persons under the age of 18 years who do not possess the necessary aptitudes and experience and who are not under training.)

III. The Committee notes the information supplied by the Government in its report, concerning the handbook setting out prescriptions for the prevention of occupational accidents in dock work. The Committee also notes that certain provisions of regulations such as the regulations on safety in industry, approved by Presidential Decree No. 42-F of 22 May 1964, and the regulations on the opening and sanitary control of industrial enterprises, approved by Presidential Decree No. 29/65 DGS of 8 February 1965, give effect to several provisions of the Convention. The Committee would be grateful if the Government would provide a full copy of these texts with its next report.