Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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

I. The Committee notes the Government's reply to its previous comments relating to Article 18, paragraphs 4 and 5, Article 19, Article 4, paragraph 2(k), and Article 10, paragraph 1, Article 4, paragraph 3, Article 9, paragraph 2, Article 10, paragraph 2, and Article 18, paragraph 1, of the Convention.

II. The Committee would be grateful if the Government would provide further information on the following points.

1. Articles 1, 7, paragraph 1, 36, paragraph 1, and 37, paragraph 2, of the Convention. Further to its previous comments, the Committee notes the Government's reply that there is no need for the Government to draw up specific legal provisions to conduct consultations with employers' and workers' organizations concerned because section 55 of the Constitution of the country renders ratified ILO Conventions the law in the country. The Committee also notes the information concerning Article 7 of the Convention that, by virtue of section 3 of the safety and health regulations of 1980 applicable to the maritime and river transport workers in all the ports of the country, all interested parties in port work must collaborate in the application of all measures aimed at the prevention of accidents and the promotion of the health of maritime workers (which meets the requirements of Article 7, paragraph 2, of the Convention). The Committee would like to point out that the provisions of Convention No. 152, even if they become part of national legislation by virtue of the Peruvian Constitution, are nonetheless not self-executing. As such they require the adoption of laws and regulations or other appropriate means as required by Articles 4, 5, 6 and 7 of the Convention. Please indicate the measures taken or envisaged, including laws or regulations, to ensure that the competent authority must consult the employers' and workers' organizations concerned to give effect to Articles 1, 7, paragraph 1, 36, paragraph 1, and 37, paragraph 2, of the Convention.

2. Articles 4, paragraphs 1(e) and 2(p), and 35. Further to its previous comments, the Committee notes the Government's reply that the regulations previously cited on industrial health and safety committees were not communicated as they were on general character and not applicable to this Convention. Please indicate the provisions of laws or regulations that prescribe the establishment of first-aid facilities in ports, and which laws or regulations cover the provision and maintenance in ports of appropriate and adequate rescue facilities.

3. Article 4, paragraph 1(f). The Committee notes the Government's reply to its previous comments that sections B-030830 and B-030832 of Supreme Decree No. 002-87-MA provide for the responsibilities of the master in emergency situations. Please indicate what are the other measures prescribed by national laws and regulations with a view to developing and establishing proper procedures to deal with any emergency situations which may arise.

4. Article 4, paragraph 2(a). The Committee notes that the Government's reply does not address its previous comments. Please indicate what measures have been taken or are envisaged covering general requirements relating to the construction, equipping and maintenance of dock structures and other places at which dock work is carried out.

5. Articles 4, paragraph 2(l), and 32. The Committee notes the Government's reply to its previous comments indicating sections 128, 125, 111 (c), and 98 of the safety and health regulations of 1980 for workers in all maritime and river ports, give effect to this provision of the Convention. Please list the international regulations complied with in your country as required by the report form.

6. Article 4, paragraph 2(o). The Committee notes the Government's reply to its previous comments indicating that section 3 of the safety and health regulations of 1980 and section D-010202 of Supreme Decree No. 002-87-MA of 9 April 1987, give effect to this provision of the Convention. Please provide further particulars of the medical supervisory aspects of these activities.

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

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

Articles 4, paragraph 2(f), and 21(a). (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.)

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 any 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 20, paragraphs 1 and 2. (Measures to ensure the safety of workers in the hold or in 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 case of ships carrying containers, by the manner in which the work is organized.)

Article 34, paragraph 3. (Specific requirement that personal protective equipment and protective clothing be properly maintained by the employer.)

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. (Requirement that operators of lifting appliances and other cargo-handling appliances be persons at least 18 years of age and who possess the necessary aptitudes and experience or persons under training who are properly supervised.)