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

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

With reference to its observation, the Committee requests the Government to provide information on the following points.

Article 1 of the Convention. Dock work. The Committee recalls that this Article of the Convention provides that the organizations of employers and workers concerned shall be consulted on or otherwise participate in the establishment and revision of the definition of dock work. The Committee requests the Government to indicate the consultations held with the organizations of employers and workers concerned.

Article 3(b) “competent person”, (c) “responsible person”, (d) “authorized person”, (e) “lifting appliance”, (f) “loose gear”, (g) “access” and (h) “ship”. The Committee requests the Government to verify the definitions contained in the Convention of the terms referred to above and to indicate the manner in which they are covered by the legislation, with an indication, where appropriate, of the sections of the respective laws or regulations.

Article 7(2). Collaboration between employers and workers in the application of the measures referred to in Article 4(1). Please provide information on the application in practice of this provision.

Article 11(1) and (2). Passageways. The Committee notes the Government’s indication that Directorial Decision No. 003-2006-APN/DIR establishes the requirement to certify specific areas within a special port installation (IPE). The Committee understands that IPEs are those which fulfil the required conditions to handle, store, load, move and unload hazardous and/or explosive goods and substances. The Committee draws the Government’s attention to the fact that this Article does not only apply to IPEs, but to all port and cargo-handling installations. The Committee therefore requests the Government to indicate specifically the provisions of Peruvian legislation which give effect to this Article of the Convention in all port and cargo-handling installations.

Article 13. Machinery, responsible person and authorized person. The Committee notes the Government’s indications that effect is given to the provisions relating to functions and responsibilities through the guidance for the formulation of internal safety rules, contained in Decision No. 010/2007. Noting that this guidance does not precisely reflect the present Article of the Convention, and particularly issues related to the responsible person and the authorized person, the Committee requests the Government to take measures to give legislative effect to this Article of the Convention, and to provide information on this subject.

Article 16. Embarking, transport and disembarking of workers. The Committee draws the Government’s attention to the fact that this Article goes further than the information provided by the Government on personal protection equipment. The Committee therefore requests the Government to take the necessary measures to give legislative expression to this Article of the Convention and to provide information on this matter.

Article 17. Means of access to the hold. The Committee notes the information that effect is given to this Article through Decision No. 010/2007, which entrusts the port administrator with the responsibility for the management of safety, taking into account risk assessment. The Committee requests the Government to provide information on the application of each of the three paragraphs of this Article of the Convention.

Article 18. Hatch covers. The Committee notes the Government’s indication that effect is given to this Article through the Safety Code for Equipment for Ships and Ships’ Machinery operated at Sea and on Rivers and Lakes. Please indicate the respective provisions which give effect to each of the five paragraphs of this Article of the Convention.

Article 19(1) and (2). Protection of openings and responsible persons. The Committee notes the Government’s indication that the National Port Authority has not issued any regulations respecting the responsible person referred to in paragraph 2 of this Article, as this is the responsibility of the General Directorate of Ships’ Masters and Coastguards of Peru. The Committee draws the Government’s attention to the fact that the responsibility for giving effect to these provisions of the Convention lies with the Government, irrespective of the body that is competent, and that where there are various competent bodies, coordination measures are required to give effect to the Convention and to obtain information on its application. The Committee requests the Government to take the necessary measures to give effect to paragraphs 1 and 2 of this Article and to provide information on this subject.

Article 20 (holds and cargo decks), Article 21 (design and use of lifting appliances), Article 23 (visual examination every 12 months of lifting appliances), Article 27 (working load of lifting appliances), Article 28 (ship rigging plans for lifting appliances), Article 29 (pallets and similar devices for containing loads), Article 30 (requirement for loads to be slung for them to be raised or lowered), Article 33 (noise) and Article 35 (facilities envisaged in case of accident). The Committee notes that the Government has not provided information on the manner in which effect is given to these Articles. The Committee requests the Government to give legislative expression to these Articles of the Convention so that it is ensured that all internal rules are in conformity with these provisions of the Convention, which are fundamental to reduce accidents and ensure the safety and health of workers covered by the Convention. Please provide information on this subject.

Article 22. Lifting appliances. Period of time between tests. The Committee notes the Government’s indication that no regulations have been issued on the period of time between tests of lifting appliances by the National Port Authority but that, nevertheless, the field of maintenance, which includes all lifting appliances, is included in the areas to be audited as part of the certification process, in accordance with Decision No. 010/2007. The Committee observes that this Article is extremely precise, and that it provides that after any substantial alteration or repair, lifting appliances shall be tested, and that lifting appliances forming part of a ship’s equipment shall be tested at least once in every five years, and that shore-based lifting appliances shall be retested at such times as prescribed by the competent authority. The Committee therefore requests the Government to give legislative expression to this Article of the Convention and to provide information on the four paragraphs of this Article.

Article 24. Inspection of loose gear. The Committee requests the Government to provide more detailed information on the application of this Article.

Article 25 (records and certificates) and Article 26 (lifting appliances and lose gear). The Committee notes that, according to the report, the National Port Authority indicates that it does not have examples of the records and certificates referred to by Article 25 of the Convention, because “the legislation in force is in compliance with the provisions of the Convention, with the exception of the regulation of the safety conditions for lifting appliances and loose gear for the handling of cargo”. The report indicates that the competent authority is carrying out studies with a view to regulating the matter promptly. Identical information is provided concerning Article 26. The Committee urges the Government to take the necessary measures to give legislative effect to these Articles of the Convention and to provide information on this subject.

Article 40. Sufficient number of sanitary and washing facilities in each dock. Noting that the report does not provide information on this subject, the Committee requests the Government to supply information on the manner in which compliance is ensured with this Article of the Convention in internal rules.

Article 41. Specification of the duties in respect of occupational safety and health of persons and bodies concerned with dock work. The Committee notes the Government’s reference to the Ministry of Labour and to the General Directorate of Ships’ Masters and Coastguards of Peru (DICAPI). Nevertheless, noting that the National Port Authority indicated in Decision No. 010-2007 is fundamental to the process of certification, the Committee requests the Government to provide information on the various authorities referred to in this Article of the Convention, and to indicate precisely the coordination that exists between the various authorities concerned. Please also provide information on the penalties referred to in this Article of the Convention.