Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Legislation. The Committee notes the detailed report provided by the Government and the attached legislation, and particularly Directorial Resolution Agreement No. 010-2007-APN/DIR, the national standard on occupational safety and health in ports and the guidance on obtaining the Safety Certificate in a port installation. The Committee notes that this Resolution establishes the requirement for port administrations and dockworkers to obtain the Certificate of Port Safety and its annual renewal, with the objective of ensuring that the activities undertaken in ports and port installations are carried out within the safety parameters established by national and international standards. The Committee notes with interest that the Resolution sets out and defines principles that are inherent to the modern approach to occupational safety and health, such as the promotion of a culture of the prevention of occupational hazards, the components of the continuous improvement methodology, the principles of consultation, participation and information, among others. It also notes with interest that section 46 of the Resolution referred to above establishes the requirement to conduct a risk assessment once a year as a minimum and that section 62 of the same Resolution requires the port administration to adopt measures allowing workers to interrupt their work in the case of imminent danger and, where necessary, to immediately leave the place in which their work is performed. Nevertheless, it notes that the Directorial Resolution, in relation to certain technical regulations, refers to the rules of each port, which have to cover such matters if certification is to be obtained. The Committee requests the Government to provide information on the manner in which it is ensured that the rules of port installations are in conformity with the Convention, prior to the granting of the Certificate of Port Safety.

Article 7(1) of the Convention. Adoption of legislative measures in consultation with the organizations of employers and workers concerned. The Committee notes that the Government has not provided information on the consultations envisaged in this Article of the Convention. The Committee requests the Government to provide information on the consultation mechanisms with the organizations of employers and workers concerned. Furthermore, noting the intense process of the drafting of legislation in this field, such as, for example, a new law on dock work, the Committee requests the Government to provide information on the consultations held in this respect with the organizations of employers and workers concerned.

The Committee is raising other points in a request addressed directly to the Government.