Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee notes the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Article 3 of the Convention. Definitions. In its previous comment, the Committee recalled that the Convention, through the definition of the term “worker”, applies specifically to any person engaged in dock work. It noted that the definition referred to by the Government in accordance with the national legislation, that is “any natural person who works in return for remuneration with an employer, under his supervision or management”, was not in conformity with the definition contained in Article 3 of the Convention. The Committee requests the Government to indicate whether national laws or regulations contain a specific definition of workers engaged in dock work within the meaning of the Convention. If not, the Committee encourages the Government to take the necessary measures to provide for such a definition with the objective of specifying the workers in docks to which the protection measures required by the Convention will apply.

Article 4(3). Adoption of technical standards or codes of practice. Noting that the Government once again refers to Book V of the Labour Code No. 12 of 2003, Order No. 211 of 2003 and Ministerial Order No. 129 of 2007, the Committee recalls that Article 4(3) envisages that the practical implementation of the technical standards prescribed by the Convention, as set out in national laws and regulations, shall be ensured or assisted by technical standards or codes of practice approved by the competent authority, or by other appropriate methods consistent with national practice and conditions. In this regard, the Committee draws the Government’s attention to the practical guidance contained in the ILO Code of practice on safety and health in ports (revised 2016). The Committee requests the Government to indicate the measures adopted to give effect to this provision of the Convention.

Article 6(1)(c). Arrangements enabling workers to report to their immediate supervisor any situation presenting a risk. The Committee notes the Government’s indication that, in accordance with the Schedule of responsibilities of persons engaged in loading and unloading, supervisors must immediately report to their hierarchical superiors any damage, deterioration or defective stowage and identify the causes so that the appropriate measures can be taken. The Committee requests the Government to indicate whether the provisions of the regulations that are in force provide specifically for the possibility for workers in docks to report forthwith to their immediate supervisor any situation which they have reason to believe could present a risk.

Article 8. Cessation of work in workplaces that have become unsafe. The Committee notes that the Government refers to section 215 of the Labour Code and section 4 of Order No. 211 of 2003, which refer to the requirement for establishments to prepare emergency plans. Noting that these provisions contain measures of a general nature, the Committee recalls that this Article of the Convention requires the adoption of emergency measures specific to dock work. The Committee requests the Government to specify the provisions of laws or regulations which require the adoption of effective measures to protect workers in docks (for example, fencing, flagging or other suitable means including, where necessary, cessation of work) whenever their workplace has become unsafe, until the place has been made safe again.

Article 11. Width of passageways for pedestrians and cargo-handling appliances. The Committee notes that the Government refers once again to section 28 of Order No. 211 of 2003, which is general in scope. The Committee once again requests the Government to indicate whether, in response to the specific risks related to the use of vehicles in docks where cargo is handled, a minimum width has been prescribed for passageways for vehicles and cargo-handling appliances, and separate passageways for pedestrian use, as required by this Article of the Convention. If not, the Committee requests the Government to indicate the measures adopted or envisaged to give effect to this Article of the Convention.

Article 13(5) to (7). Precautions to be taken if a guard is removed. The Committee notes that the Government refers to section 28 of Order No. 211 of 2003, under the terms of which passageways must be free from holes, unsecured evacuation covers, valve assemblies installed vertically and any structure likely to give rise to a risk of collision or slippage by a pedestrian. The Committee observes that this provision, which is of a general nature, does not specifically relate to the precautions required by the Convention in cases where any guard is removed or any safety device is removed from machinery used in dock work, and particularly from any lifting appliance, mechanized hatch cover or power-driven equipment. The Committee therefore once again requests the Government to indicate the measures adopted or envisaged to give effect to Article 13(5) to (7) of the Convention.

Article 15. Adequate means of access to the ship. The Committee notes that the Government refers to section 31, Part 2, of Order No. 211 of 2003 respecting storage and maintenance in warehouses. The Committee observes that this provision of general scope does not relate to the installation and securing of safe means of access to a ship during loading or unloading alongside a quay or another ship, in accordance with this Article. The Committee therefore requests the Government to indicate the provisions which require the installation of safe means of access to a ship when it is being loaded or unloaded alongside a quay or another ship.

Article 17. Access to a ship’s hold or cargo deck. The Committee notes that the Government refers to Order No. 520 of 2003 respecting the arrangements and conditions for permits for the exercise of activities related to maritime transport in Egyptian ports, under the terms of which an operator holding a licence or a contractor of a port authority shall undertake to carry out work within docks in accordance with all the standards, conditions and instructions issued by the port authority in relation to the environment, security and occupational safety and health. The Committee requests the Government to indicate the provisions of laws or regulations or, by way of illustration, the instructions or rules issued by port authorities, respecting the means of access to a ship’s hold or cargo deck during loading and unloading.

Article 18. Construction of hatch covers or beams. The Committee notes that the Government once again refers to section 29 of Order No. 211 of 2003. It recalls that section 29 refers to lifting appliances and not to hatch covers and beams. The Committee therefore once again requests the Government to indicate the provisions of laws or regulations that give effect to this Article of the Convention in respect of hatch covers and beams, and particularly their strength, maintenance, access and marking.

Articles 28, 29 and 30. Application of the Convention. The Committee notes that, with regard to the effect given to these Articles of the Convention, the Government refers to section 29 of Order No. 211 of 2003. However, the Committee notes that, as it is of a general nature, this section does not cover the specific measures required. The Committee requests the Government to indicate the measures adopted to give effect to Article 28 (rigging plans to permit the safe rigging of derricks and accessory gear), Article 29 (pallets and similar devices for containing or supporting loads) and Article 30 (raising and lowering of loads).

Part V of the report form. Application of the Convention in practice. The Committee requests the Government to provide any information that it considers useful as a basis for a general appreciation of the manner in which the Convention is applied, including information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the action taken as a result, the number of occupational accidents and diseases reported, and relevant extracts from the reports of the inspection services concerned. The Committee also invites the Government to provide information on any opinions, proposals or resolutions issued by the Tripartite Advisory Committee established under Order No. 324/2014 on matters relating to safety and health in dock work. Finally, the Committee requests the Government to provide a copy of the Schedule of responsibilities of persons engaged in loading and unloading, to which the Government has referred on several occasions.