Marking of Weight (Packages Transported by Vessels) Convention, 1929 (No. 27) - Japan (RATIFICATION: 1931)

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Article 1 of the Convention and Part V of the report form. Marking of weight and application of the Convention in practice. The Committee notes the Government’s report submitted in October 2012 including, in annex, observations submitted by the Japanese Trade Union Confederation (JTUC–RENGO) dated 17 August 2012. JTUC–RENGO considers that the mandatory weighing system, which required a third party organization to issue a certificate of weight, is no longer applied, making self-reporting of cargo weight by consignors standard practice. The Committee notes the concerns raised by JTUC–RENGO in relation to the increased risk of accidents where the weight of cargo is unmarked or marked incorrectly.

The Committee also notes the information in the Government’s report that efforts have been made in facilitating industrial accident prevention by promoting industrial accident prevention measures. According to the Government, these measures take into account the actual circumstances of the respective business types at workplaces with high accident rates through legal actions based on the Industrial Safety and Health Act and guidance in port inspections – implemented in accordance with the 11th Industrial Accident Prevention Plan (2008–12), based on the provision of article 6 of the said Act. Referring to paragraph 4 of Article 1 of the Convention, the Committee asks the Government to specify who is required to mark the weight of the cargo, according to the relevant and applicable national legislation. It also asks the Government to continue to provide any relevant information concerning the application of the Convention and on measures taken to prevent occupational accidents, in relation to the concerns raised by JTUC–RENGO.

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The Committee notes the Government’s report submitted in October 2008 including, in annex, observations submitted by the Japanese Trade Union Confederation (JTUC–RENGO) dated 29 August 2008 and the Government’s additional comments submitted 2 November 2009, including, in annex, further observations submitted by JTUC–RENGO dated 2 October 2009.  The Committee notes that the Government indicates, in both its reports, that there was no new information to report as regards questions I, IV and V of the report form.

Marking of weight and application of the Convention in practice. Article 9 of the Convention. The Committee notes that the Government indicates that, in addition to relevant legislation, “Guidelines for Safe Overland Transportation of International Marine Containers” were developed and adopted in 2005 providing for concrete measures that have to be taken by each party affected in order to increase safety in transportation. The Committee also notes that the JTUC–RENGO observes that these guidelines are not sufficient to prevent accidents during the transit of international marine containers because of their non-binding force and fatal accidents have continued to occur frequently including six accidents in the first five months of 2009 resulting in four fatalities, and that, as measures taken often are not in line with the guidelines, binding legislation is indispensable for preventing overloading, improper loading or mislabelling of cargo items by shippers, requiring shippers to disclose information and enabling parties to share cargo information. The Committee further notes that the JTUC–RENGO also states that since container transportation has become predominant in the area of logistics worldwide, it cannot be said that the Convention is well suited for dealing with cargo handling operations and that efforts to draw up a new Convention should be initiated as soon as possible in this respect, and that, in response to a request by the Japanese dockworkers union, the International Transport Workers Federation (ITF) adopted a resolution in June 2008 calling upon the ILO to set up a forum for the examination of problems related to the safe transportation of container cargo. In its most recent report the Government indicates that according to a survey published in August 2009, safety problems experienced by truck drivers while transporting containers have decreased after the publication of the guideline. The Committee also notes the information provided by the Government that while the number of labour inspection offices seems to remain stable, the number of labour standards inspectors had increased to 3,939. The Committee once again refers to its 2007 general observation on the Convention and asks the Government to continue to provide information on any difficulties encountered in the application of the Convention in relation to modern methods of cargo handling, with particular reference to containers, as well as on the measures taken to prevent accidents.

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1. The Committee notes the information supplied in the Government’s report that no legislative change has occurred. It also notes the observations from the Japanese Trade Union Confederation (JTUC-RENGO), included in the Government’s report, regarding the practical application of the Convention in relation to modern means of cargo handling, with particular reference to containers.

2. Article 1 of the Convention. Marking of weight and application in practice. The Committee notes the information provided by JTUC-RENGO that although, in their view, it was unlikely that harbour transport businesses, port workers and their trade unions were fully aware of the Convention and related national laws and regulations, the weight of packages above 1 metric tonne seemed to be generally marked. JTUC-RENGO considered however, that the owners of the goods, the packers of goods consigned as well as seaborne goods handling businesses (or forwarders) should be made better aware of the Convention and the rules for marking the weight of the package. It further noted that as export and import cargo was mostly containerized, it was impossible to check the weight of an individual piece of cargo and that, given the intention of the Convention, the actual weight of a container should be marked on the outside. Reference was made to an accident that occurred in which the bottom plate of a container had fallen out because cargo with a gross weight exceeding the ISO standard (30.48 metric tonnes) had been loaded into the container. In addition, JTUC-RENGO noted that since the gross weight was not marked on a marine container, container truck drivers often transported cargoes without knowing their contents or weight. As a result they were sometimes charged with overloading. When an accident happened the responsibility was placed entirely on the marine container transporter and the truck driver. JTUC-RENGO concluded that merely marking the weight of an individual package was not sufficient to ensure that marine container cargoes were transported safely and that a new Convention and national legislation in line with actual transportation needs was required. With reference to the general observation that the Committee is making on the Convention at the present session on the manner in which the Convention is applied in relation to modern means of cargo handling, with particular reference to containers, and any difficulties encountered in this regard, the Committee invites the Government to provide any further detailed and up to date information it deems relevant to the Committee at its 79th Session in 2008.