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

Convention (n° 152) sur la sécurité et l'hygiène dans les manutentions portuaires, 1979 - Equateur (Ratification: 1988)

The Committee has noted with interest the information provided in the Government's first and second reports as well as the national legislation and regulations.

It requests the Government to supply further information on the following points:

Article 1 of the Convention. Please provide information on the manner in which the employers' and workers' organizations concerned were consulted in determining the meaning of the term "dock work" established in the provisions of the Occupational Safety and Health Regulations and the Manual of Standards on Safety and the Prevention of Hazards for Dock Workers in Ecuador.

Article 4, paragraph 1(f). Please indicate the provisions which establish the proper procedures to deal with any emergency situations which may arise.

Article 4, paragraph 2(d) (in relation to Article 16, paragraph 2). Please indicate the provisions in force and the measures prescribed to guarantee workers' safety with respect to land transport.

Article 4, paragraph 2(g). Please indicate the measures taken or envisaged to ensure safety in the construction, maintenance and use of staging.

Article 5, paragraph 1. The Committee notes that the national legislation to which the Government refers in its report establishes the responsibility of employers and labour inspectors with respect to safety and health. The Government is requested to indicate the provisions which establish the corresponding responsibility of ship masters with respect to work done on the ships themselves and of the Department of Safety of the Port Authority with respect to dock work.

Article 7, paragraph 1. Please indicate the measures taken to ensure that the competent authority consults the employers' and workers' organizations concerned in giving effect to the provisions of the Convention.

Article 8. Please indicate the provisions which ensure that technical measures (fencing, flagging, cessation of work) are taken to protect the workers in cases where the workplace has become unsafe.

Article 9, paragraph 2. Please indicate the measures which require the marking and, where necessary, adequate lighting of any obstacle liable to be dangerous to the movement of a lifting appliance, vehicle or person.

Article 10. Please indicate the provisions of any national or local regulations which ensure, in conformity with sections 189 and 196 of the Occupational Safety and Health Regulations, as well as sections 302 and 309 of the Manual on Standards for Safety and the Prevention of Hazards for Dock Workers in Ecuador, the construction and proper maintenance of surfaces used for stacking goods or materials.

Article 11. Given that section 44 of the Occupational Safety and Health Regulations mentioned by the Government in its report only provides very specific measures (access to gang-planks, to ships, to cranes and similar machinery), please indicate the general measures which aim at arranging passageways used by vehicles and cargo-handling appliances, and those for pedestrian use.

Article 13, paragraph 2. Please indicate the measures taken to ensure that the power to each machine can be promptly cut off in an emergency.

Article 13, paragraph 4. Please indicate the provisions governing the designation of an authorized person to remove any guard or safety device or make it inoperative for the purposes mentioned in this paragraph (cleaning, adjustment or repair).

Article 17, paragraph 2. Please indicate the cases in which the means of access to a ship's hold shall be separated, so far as is reasonably practicable, from the hatchway opening.

Article 18, paragraph 1. Please indicate the provisions concerning the conditions of use of hatch covers and beams.

Article 18, paragraphs 4 and 5. Please indicate the provisions governing the designation of an authorized person for opening and closing power-operated hatch covers and other power-operated ship's equipment set forth in paragraph 5.

Article 19, paragraph 2. Please indicate the provisions governing the designation of a responsible person for the purposes set forth in this paragraph.

Article 20, paragraph 1. The Committee notes that some sections of the Regulations (for example, sections 155, 156 and 170) and of the manual (for example, sections 268, 269 and 283) mentioned above include provisions governing safety measures to be taken in specific cases. It requests the Government to indicate any legislation or regulations prescribing that all necessary measures be taken to ensure the safety of workers required to be in the hold or on a cargo deck of a ship when power vehicles are being operated or unloading operations are taking place with the aid of power-operated appliances.

Article 20, paragraph 2. Please indicate the measures which prescribe that any hatch cover or beam that is not adequately secured against displacement shall be removed before loading or unloading takes place.

Article 20, paragraph 4. Please indicate the measures which prescribe safe means of escape for workers when required to work in a bin or hopper on board ship.

Article 22, paragraphs 2 and 3. Please indicate the intervals at which lifting appliances on dock and those forming a part of the ship's equipment are to be retested.

Article 25, paragraph 1. Please indicate the provisions which ensure that duly authenticated records evidencing prima facie the safe condition of lifting appliances and items of loose gear concerned are kept on shore or on the ship and that they contain the information set forth in this provision of the Convention.

Article 25, paragraphs 2 and 3. Please indicate the manner in which registers are kept in ports and whether they comprise the certificates granted or recognized as valid by the competent authority or certified true copies of such certificates. Please furnish, as samples, any copies of such records, registers or certificates.

Article 26. Please indicate the measures taken or envisaged to give effect to this Article of the Convention.

Article 27, paragraphs 2, 3(b) and 3(c). Please indicate the provisions which ensure the application of these provisions of the Convention.

Articles 28, 29 and 31. Please indicate the provisions which give effect to these Articles of the Convention.

Article 32, paragraph 2. The Committee has taken note of the reference made by the Government in its report to the manual on dangerous cargo of the Inter-governmental Maritime Consultative Organization (IMCO). It requests the Government to indicate the measures prescribing the packing, marking and labelling of dangerous substances before they may be handled, stored or stowed.

Article 32, paragraph 4. Please indicate the measures taken or envisaged to prevent the exposure of workers to oxygen-deficient atmoshpheres.

Article 34, paragraph 3. The Committee has noted the provisions of sections 225 and 227 of the Occupational Safety and Health Regulations which prescribe the appropriate measures for the proper maintenance of personal protective equipment and protective clothing. It requests the Government to specify the provision which ensures that the employer is responsible for their maintenance.

Article 36, paragraph 1. Please indicate the manner in which the employers' and workers' organizations concerned were consulted prior to the adoption of the provisions giving effect to this paragraph.

Article 36, paragraph 1(b). Given that the national regulations only refer to the competent authority responsible for indicating the maximum interval at which periodical medical examinations are to be carried out (section 256(b) of the Occupational Safety and Health Regulations), please indicate the interval which has been established in this respect.

Article 36, paragraph 3. Please indicate the measures taken to ensure the confidentiality of the records of the medical examinations and any special investigations.

Article 38, paragraph 1. The Committee has noted the provisions of section 74 of the Occupational Safety and Health Regulations and section 417 of the Manual of Standards on Safety and the Prevention of Hazards to which the Government refers in its report. It requests the Government to indicate the measures taken to prohibit the employment of workers in dock work unless they have been given adequate instruction or training.

Article 38, paragraph 2. The Committee notes that, according to section 139(e) of the Labour Code, the loading and unloading of ships is among the types of work in which persons under 18 years of age may not be employed. It requests the Government to indicate the measures which prescribe the aptitudes and experience necessary for operating lifting appliances or other cargo-handling appliances.