Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

Convention (n° 152) sur la sécurité et l'hygiène dans les manutentions portuaires, 1979 - Cuba (Ratification: 1982)

1. The Committee notes the information supplied by the Government in reply to its earlier comments concerning in particular the application of Article 26(1)(b) of the Convention (acceptance or recognition of competent persons or national or international organizations appointed for the testing, thorough examination and certification of lifting appliances and items of loose gear forming part of a ship's equipment).

The Committee requests the Government to supply additional details on the following points.

2. Article 13(4). The Committee notes from the information supplied by the Government in its last report that only qualified persons possessing the necessary knowledge and experience may, in maritime practice, remove the guards and safety devices of machines.

The Committee observes that the removal of a guard or safety device for the purpose of cleaning, adjustment or repair is a specific maintenance task which, under Article 4(1)(a) of the Convention, must be governed by national laws or regulations. It notes that neither Resolution No. 1774 of the State Committee for Labour and Social Security (with the methodology for the elaboration of regulations on the organization of the labour protection and health in the enterprises brought into force by this resolution) nor the instructions Nos. 1727 and 1728 of 27 December 1982 to which the Government referred in its reply contain provisions giving directly effect to Article 13(4) of the Convention. The Committee requests the Government to indicate any provision governing the designation of an authorized person for the purposes indicated.

3. The Committee notes from the information supplied by the Government in reply to earlier comments that the provisions of Articles 18(2) and (5), 28, 31(1), 32(3) and 38(2) of the Convention are applied in general through various standards and general or specific regulations of the harbours sector and that their application is ensured in practice and enforced by the general and special inspection activities performed by the Ministry of Transports and its Maritime Safety Direction.

With regard to the application of the above-mentioned provisions, the Government had referred, in its report for the period ending 30 June 1986, to several regulations (the unspecified regulations mentioned in relation with Article 18(2) and (5); the Regulations on Technical Operations in the Merchant Navy mentioned in relation to Article 28; the Regulations on Technical Operations of Employment for Loading and Unloading in Docks mentioned in relation to Article 38(2)). The Committee requests the Government to specify the provisions of national legislation giving effect to the provisions of the Convention referred to and to supply copies thereof.

4. The Government has reported the creation of a working party which is to consolidate within the shortest possible period, in a single set of regulations, all standards remaining in force which are dispersed in various texts. The Government points out that such dispersal makes it difficult to find these standards and to supervise their application in the manner required by the Convention.

The Committee takes due note of this indication and requests the Government to supply information on the progress made towards the consolidation of the standards concerned in a single text.