Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Cuba (RATIFICATION: 1982)

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The Committee takes note of 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 32(3) of the Convention. Handling of dangerous substances. In its previous comment, the Committee requested the Government to indicate the paragraphs of the annex to Resolution No. 39 of the Ministry of Labour and Social Security, dated 29 June 2007, issuing the security measures to be taken in the event of an accident and the plans for emergencies, evacuation and the repair of breakdowns, to which reference is made in the report. The Committee notes the Government’s indication that the Labour Code (Act No. 116-2013) regulates the employer’s obligation to adopt measures to ensure safe and hygienic working conditions, as well as the prevention of occupational accidents, occupational diseases, fires, breakdowns or other damages that may affect the health of workers and the working environment. It also indicates that the Labour Code Regulations (Decree No. 326-2014) set out that the employer must instruct workers in handling emergencies and breakdowns. In addition, the Government indicates that Chapter V of Decree-Law No. 309-2013 on Chemical Safety regulates prevention and response to chemical emergencies. The Committee notes, however, that these regulations do not include explicit provisions ensuring that, if receptacles or containers of dangerous substances are broken or damaged to a dangerous extent, dock work shall be stopped and the workers removed to a safe place. The Committee notes however, that the national occupational safety and health standard, NC 229-2014 (Hazardous chemicals: risk reduction measures), was issued. The Committee once again requests the Government to indicate the specific provisions of the above texts, or the applicable legislation, regulating the stoppage of port work and the removal of the workers to a safe place in the event that receptacles or containers of dangerous substances are broken or damaged to a dangerous extent. The Committee also requests the Government to communicate a copy of standard NC 229-2014, as well as any relevant text in this respect.

Article 16. Transport of workers by water or on land to and from a ship or other place; Article 17. Access to a ship’s hold or cargo deck; Article 18(2) and (4). Hatch covers; Article 26. Mutual recognition; Article 28. Riggings plans; Article 31(1). Safe operation of freight terminals; and Article 32(1) and (2). Marking of dangerous cargo. In its previous comment, the Committee noted the Government’s indication that work was being carried out to update and improve the legal provisions in the port sector, and requested it to take the necessary measures to give expression in the legislation to these provisions of the Convention and provide information on this subject. Given the lack of information in this respect, the Committee hopes that the Government will adopt, as soon as possible, the updated legislation applicable to the port sector, in conformity with the Convention. It also requests it to continue providing information on any developments on this matter.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that in 2016 the National Labour Inspection Office carried out 23 full inspections in establishments run by the dock and maritime transport business group, detected 14 violations related to occupational safety and health and applied the measures established in the Labour Code and its Regulations. In addition, it indicates that there were no fatal accidents in the port sector. The Government adds that the Labour Code requires establishments to formulate regulations on practical procedures for the identification, evaluation and monitoring of occupational risks. The Committee requests the Government to continue providing updated information on the application of the Convention in practice, in particular information on the number of workers covered by the Convention, the number and nature of the violations identified, and the measures taken in this respect. Recalling the Government’s reference, in its previous reports, to Resolution No. 31 of 31 July 2002, the Committee requests the Government to provide, where relevant, information on the manner in which the general practical procedures for identifying, evaluating and monitoring occupational risk factors are applied to dock work.

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Article 13(4) of the Convention. Person authorized to remove guards or other safety devices. The Committee notes that paragraph 1.3 of Annex 2 to Resolution No. 39 of the Ministry of Labour and Social Security, dated 29 June 2007, issuing the General Basic Provisions on Occupational Safety and Health, gives effect to this Article of the Convention.

Article 32(3). Handling of dangerous substances. In its previous comments, the Committee requested the Government to indicate the measures adopted to ensure that if receptacles or containers of dangerous substances are broken or damaged to a dangerous extent, dock work shall be stopped and the workers removed to a safe place. The Committee notes that the Government refers once again to Annex 2, referred to above. The Government adds that the personnel has to be instructed in the safety requirements relating to the substance and the safety measures to be taken in the event of accidents, and that plans are developed for emergencies, evacuation and the repair of breakdowns. For that purpose, brigades are established for evacuation in the event of breakdowns, and are duly trained and certified and use simulations for training every year. The Committee requests the Government to indicate the paragraphs of the annex which indicate the security measures to be taken in the event of an accident and the plans for emergencies, evacuation and the repair of breakdowns to which reference is made in the report.

Article 36(1)(b). Periodical medical examinations. Maximum intervals. The Committee notes the Government’s indication that Resolution No. 39, referred to above, provides that the administration shall require all workers to be examined by a doctor of the National Health System before beginning work and that the Labour Code, in section 202, provides that the administration of the workplace shall be under the obligation to require the medical examination of workers prior to employment and periodically during employment. The Committee requests the Government to indicate the maximum intervals at which periodical medical examinations are to be carried out, with due regard to the nature and degree of the risks.

Article 38(2). Age and aptitudes required for the operation of lifting appliances. The Committee notes the Government’s reference to section 224 of the Labour Code, which prohibits work by young persons in dock work and other activities in which excessive weights are handled, and Resolution No. 8 of the Ministry of Labour and Social Security, dated 1 March 2005, issuing the General Regulations on Labour Relations which, according to the Government provides in section 15 that young persons under 18 years of age may not be employed in work in which, among other circumstances, they are exposed to work involving heavy loads. The Committee requests the Government to indicate the requirements set out in national legislation for the operation of lifting appliances.

Articles 16. Transport of workers by water or on land to and from a ship or other place; 17. Access to a ship’s hold or cargo deck; 18(2) and (4). Hatch covers; 26. Mutual recognition; 28. Riggings plans; 31(1). Safe operation of freight terminals; and 32(1) and (2). Marking of dangerous cargo. The Committee notes the Government’s indication that work is being carried out to update and improve the legal provisions in these areas. The Committee requests the Government to take the necessary measures to give expression in the legislation to these provisions of the Convention and to provide information on this subject.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that no fatal employment accidents in dock work have been reported to or detected by the National Labour Inspection Office during the course of 2011. In its previous direct request, the Committee noted the Government’s reference to Resolution No. 31, of 31 July 2002, which contains practical procedures for the identification, evaluation and control of risk factors at work. The Committee once again requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country including, in particular, how the general practical rules for the identification, evaluation and control of risk factors are applied in the area of port work. Please also attach extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken. The Committee also requests the Government to provide indications on the type of occupational accidents that occur most frequently in the port sector, both fatal and non-fatal.

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1. The Committee notes the information provided by the Government in its reports. It notes with interest the codification of “Regulations on Health, Safety and Protection for Dock Workers” (Regulations), resolution No. AP-34-97 of
22 October 1997 and that this new codification combines, into one text, the various standards on dock worker safety. The Committee also notes the reference made in this context to resolution No. 31 of 31 July 2002, which contains in annex the general, practical procedures for the identification, evaluation and control of risk factors at work. The Committee requests the Government to supply clarifications and supplementary information with respect to the following points.

2. Article 4, paragraph 3, of the Convention. Technical standards. The Committee wishes to bring to the Government’s attention an ILO code of practice in this area, Safety and health in ports, (Geneva, 2005). This code of practice is available, inter alia, through the ILO’s web site by following the link, http://www.ilo.org/public/english/protection/safework/cops/english/index.htm.

3. Article 13, paragraph 4. Provisions concerning removal of guards and safety devices. With reference to its previous comments, the Committee notes that the Government indicates that effect is given to this provision through the recently codified regulation, the “Safety Manual for Loading-Unloading Activities” and the “Safety Manual for Work in Container Terminals”. The Committee notes that while the regulations outline the various duties and responsibilities of supervisors to ensure the safety and health of dock workers under their supervision, they do not specify that only authorized persons are permitted to remove guards and safety devices. To the extent that this matter is regulated in the non-binding manuals referred to, the Committee notes that Article 4, paragraph 3, requires that legislative effect should be given to this provision. The Committee requests the Government to provide further information on measures taken to give effect to the provision that only authorized persons are to be permitted to remove guards and safety devices.

4. Article 18, paragraph 2 and paragraph 4. Hatch covers; Article 28. Rigging plans; Article 31, paragraph 1. Safe operation of freight terminals. The Committee notes that that the regulations referred to do not seem to regulate the handling of hatch covers, the drawing up of rigging plans, nor provisions concerning the safe operation of freight terminals. To the extent that these matters are regulated in the non-binding manuals referred to, the Committee notes that Article 4, paragraph 3, requires that legislative effect should be given to these provisions. The Committee requests the Government to provide further information on measures taken to give effect to this provision of the Convention.

5. Article 32, paragraph 3. Handling of dangerous substances. The Committee notes the relevant provisions in the regulations that classify dangerous substances, regulate cargo handling and require responses to emergencies involving dangerous substances, and that these regulations do not seem to require work stoppage and removal of non-essential workers during an emergency. The Committee requests the Government to indicate the measures taken to ensure that if receptacles or containers of dangerous substances are broken or damaged to a dangerous extent, dock work shall be stopped and the workers removed to a safe place.

6. Article 38, paragraph 2. Age requirement for operators of lifting appliances. The Committee notes the Government’s indication that effect is given to this Article of the Convention through general provisions requiring a person operating a lifting appliance or other cargo-handling appliances to have a driver’s licence and that, according to the Transit Code, a person must be 18 years of age to obtain a driver’s licence. As Article 38, paragraph 2, requires specific legislation regarding age limits for the operators of lifting appliances, the Committee requests the Government to indicate the measures taken to ensure a lifting appliance or other cargo-handling appliance is operated only by a person who is at least 18 years of age.

7. With reference to the new Regulations, the Committee notes that it does not contain provisions relating to the following Articles of the Convention: Article 16. Transport by water or ground of workers to and from a ship or another place; Article 17. Access to a ship’s hold or a cargo deck; Article 26. Mutual recognition; Article 32, paragraphs 1 and 2. Marking of dangerous cargoes; and Article 36. Intervals between medical examinations. The Committee requests the Government to indicate the legislation giving effect to these provisions of the Convention.

8. Part V of the report form and Article 4. Application of the Convention in practice. The Committee notes the reference made by the Government in its report to resolution No. 31 of 31 July 2002, which contains in annex the general, practical procedures for the identification, evaluation and control of risk factors at work. Please give a general appreciation of the manner in which the Convention is applied in your country including, in particular, how the general, practical rules for the identification, evaluation and control of risk factors are applied in the area of port work. Please also attach extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of contraventions reported and the resulting action taken and the number of occupational accidents and diseases reported.

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The Committee notes the information supplied in the Government's report and requests the Government to provide supplementary information on the following points:

1. Article 13, paragraph 4, of the Convention. With respect to its previous comments, the Committee notes that the Government indicates that two people are authorized to remove the guards and safety devices when this is necessary for work or to carry out cleaning, adjustment or repairs: the ship's captain, after assessing the situation and taking all security measures required, and the director of the dock installations, after prior consultation with the various specialists, and after taking measures ensuring compliance with what has been agreed. The Government adds that this situation will be given legal force in the Dock Maritime Union resolution on the matter which is being prepared, and in the "Regulations on Health, Safety and Protection for Dock Work" which is at present under discussion with employers and trade unions. The Committee trusts that the two texts mentioned will be adopted in the near future and requests the Government to supply copies of them once they have been promulgated.

2. With reference to its previous comments on the application of Articles 18(2) and 4, 28, 31(1), 32(3) and 38(2), the Committee notes that, because instructions are dispersed and of various types, the Government has indicated its intention to bring together the various standards and legal bases in the text of the "Regulations on Health, Safety and Protection for Dock Work". The Committee hopes that this text will contain provisions to the effect that hatch covers handled with the aid of a lifting appliance shall be fitted with readily accessible and suitable attachments for securing the slings or other lifting gear (Article 18(2)); that only an authorized person shall be permitted to open or close power-operated installations of the ship such as a door in the hull of a ship, a ramp, a retractible car deck or similar equipment (Article 18(4)); every ship shall carry rigging plans (Article 28); every freight container terminal shall be so operated as to ensure the safety of the workers (Article 31(1)); if receptacles or containers of dangerous substances are broken or damaged to a dangerous extent, dock work shall be stopped and the workers removed to a safe place (Article 32(3)); a lifting appliance or other cargo-handling appliance shall be operated only by a person who is at least 18 years of age and who possesses the necessary aptitudes and experience (Article 38(2)).

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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.

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The Committee notes the information supplied by the Government in reply to the previous direct request and in particular that concerning the application of the following Articles of the Convention: Article 13, paragraphs 2, 3, 5 and 6, and Article 32, paragraphs 1 and 2, Article 35 and Article 36, paragraph 3.

The Committee would be grateful if the Government would provide additional information on the following points:

Article 13, paragraph 4, of the Convention. The Committee notes that the Cuban Standard NC 19-02-01, which largely gives effect to Article 13 of the Convention does not contain any provision for the designation of an authorised person in conformity with this paragraph of the Convention. Please indicate the measures taken to ensure that only an authorised person removes guards and safety devices on machinery.

The Committee notes from the Government's report that Technical Regulations on Occupational Safety and Health for the Work of Loading and Unloading on Ships, Warehouses and Docks also contain provisions which may correspond to Article 13 of the Convention and requests the Government to supply copy of such relevant regulations with the next report.

Article 18, paragraphs 2 and 5. Please indicate the measures taken to ensure the application of these provisions of the Convention and supply copies of the relevant regulations to which the Government referred in the report.

Article 26, paragraph 16. The Committee notes the information supplied by the Government concerning the designation of competent authorities and the establishment of the Cuban Shipping Register in conformity with paragraph 1(a) of this Article. Please indicate how acceptance, or recognition is given to other member States who have ratified the Convention, in accordance with Article 26, paragraph 1(b) of the Convention.

Article 28. According to the Government's statement, this Article (which provides that every ship must carry rigging plans and any other relevant information necessary to permit the safer rigging of its derricks) is applied by the Regulations on Technical Operation of Shipping. The Committee notes this statement and requests the Government to supply a copy of the relevant regulations with the next report.

Article 31, paragraph 1. The Committee notes that no provisions in Cuban Standards NC 19-03-03 or NC 91:33 provide for the layout or operation of the freight container terminal as required by the Convention. Please indicate the measures taken to ensure the safety of workers in this regard.

Article 32, paragraph 3. Please indicate the specific provisions which apply this paragraph of the above Article of the Convention.

Article 38, paragraph 2. The Committee notes the Government's statement that this provision (under which only a person who is at least 18 years of age and possesses the necessary aptitude and experience may operate lifting appliances) is applied by the Regulation on Technical Operation of Employment for Loading and Unloading in Docks; it requests the Government to supply a copy of the relevant regulations with the next report.