Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) - Panama (Ratification: 1971)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in the previous direct request:

1. The Committee would be grateful if the Government would supply additional information in its next report on the following points.

Article 2, paragraph 2, of the Convention. The Committee noted the information supplied by the Government. It notes that sections 59 to 71, 80 to 85 and 91 of the General Regulations on Safety and Health in Dock Work of 1988, to which the Government makes particular reference, only include provisions governing access of vehicles to and transit through ports (including the container terminals).

The Committee once again requests the Government to indicate the manner in which effect is given to the provisions of the Convention which lay down that every working place on shore and every dangerous part of the approaches regularly used by workers for going to or from a working place shall be safely and efficiently lighted; that wharves and quays shall be kept sufficiently clear of goods; that the space left along the edge of any wharf or quay shall be at least 90 cm wide and clear of all obstructions other than fixed structures, plants and appliances in use; that all dangerous parts of approaches and working places, as well as dangerous footways over bridges, caissons and dock gates shall be fenced to an appropriate height, as far as practicable.

Article 3, paragraphs 3 and 6. The Committee notes the references to sections 117 to 122 of the General Regulations on Safety and Health in Dock Work of 1988 made by the Government. It once again requests the Government to indicate the measures which have been taken or are envisaged in order to give effect to paragraph 3 of Article 3 (minimum measurements for means of access to the ship, for which the measurements are indicated) as well as paragraph 6 (the prohibition placed on workers from using any other means of access than the means specified or allowed).

Article 5, paragraphs 2, 5 and 6. Further to its previous comments, the Committee notes the Government's references to sections 120 to 122 of Chapter IV and sections 123 to 130 of Chapter V of the General Regulations on Safety and Health in Dock Work, in relation to these provisions of the Convention. It notes that the above sections, which are referred to by the Government, do not contain measures giving effect to the above paragraphs of Article 5 of the Convention. The Committee requests the Government to indicate the measures which have been taken or are envisaged in order to regulate the means of access to holds in accordance with the requirements of the Convention.

Article 6, paragraph 2. With reference to its previous comments, the Committee notes the practical measures taken by the supervisors of the Department of Occupational Safety and Health of the National Port Authority (APN) in order to avoid dangerous situations related to openings in the decks of ships. It requests the Government to indicate which provisions govern the activities of the above and to provide information on any other measure which gives effect to this provision of the Convention.

Article 8. Further to its previous comments, the Committee notes the references to sections 124 to 135 of the General Regulations on Safety and Health in Dock Work which were made by the Government. The Committee notes that the above sections only provide for organizational measures to ensure the safety of the workers, but do not give effect to this Article of the Convention. The Committee requests the Government to indicate the measures taken to ensure that hatch coverings are maintained in good condition (Article 8(1)), that hatch coverings are fitted with adequate hand grips (except in the case set out in paragraph 2, which make the provision of hand grips unnecessary), that beams used for hatch coverings have suitable gear to fix them (paragraph 3), that hatch coverings, in so far as they are not interchangeable, are kept plainly marked (paragraph 4), and that hatch coverings shall not be used in the construction of platforms (paragraph 5).

Article 9, paragraph 2(2). The Committee notes the information supplied by the Government in reply to its previous comments, and in particular the information concerning the persons responsible for inspecting all hoisting machines on board ship; the tests undertaken after repairing hoisting machines upon the request of a hoisting team and the fixing of loads; the verification of the operation of hoisting machines after cables have been changed or hydraulic cylinders have been repaired or changed; the existence of a programme of preventive maintenance for the lubrication systems of hoisting machines; weekly visual inspections to determine whether there are traces of wear or the deterioration of gear for fixing loads; tests on steel cables carried out by the metallurgical laboratory of the Technological University at the request of the Department of Occupational Safety and Health, intended to verify their resistance to mechanical loads.

The Committee draws the Government's attention to the fact that the examinations of hoisting machines used on shore or on board ship and all fixed gear on board ship, including certain of those referred to by the Government in its report, must be regular, in accordance with Article 9, paragraph 2(2), of the Convention. It requests the Government to indicate the means by which the application of these provisions of the Convention is ensured and the time intervals with which are carried out the examinations and tests provided for in sections 29 and 30 of the General Regulations on Safety and Health in Dock Work.

Article 9, paragraph 2(5). With reference to its previous comments, the Committee notes the statement made by the Government to the effect that it is permitted not to mark either the maximum authorized working load or the date on which the inspection which established this maximum load was carried out. The Government expressed the hope of resolving this problem and adopting in future the necessary measures to guarantee that the maximum working load is marked on the equipment itself. The Committee hopes that the Government will soon be able to indicate the measures which have been adopted to ensure the application of this provision of the Convention and guarantee that the information concerned is marked.

Article 9, paragraph 2(7). In its previous comments, the Committee requested the Government to indicate the provisions which lay down that the various types of cranes and winches, excluding hoisting equipment installed on transport vehicles, should be provided with such means as to reduce to a minimum the risk of the accidental descent of the load. In reply to its comments, the Government refers to sections 37 and 41 of the General Regulations on Safety and Health in Dock Work and to the duties of the supervision of the Department of Occupational Safety and Health of the APN to ensure that all gear to fix loads complies with the provisions of section 37.

The Committee notes that the two above sections of the Regulations do not include provisions giving effect to paragraph 2(7) of this Article: neither of the two sections lays down that it is necessary to provide cranes and winches with such means as to reduce the risk of the accidental descent of a load while in the process of being lifted or lowered. It requests the Government to indicate in its next report the measures which have been taken or are envisaged to give effect to this provision of the Convention.

Article 9, paragraph 2(9). The Committee notes the reference to sections 136 to 139 of the General Regulations on Safety and Health in Dock Work made by the Government in reply to its previous comments. It notes, however, that these sections do not include provisions giving effect to paragraph 2(9) of this Article. The Committee requests the Government to indicate the measures which have been taken (or which are envisaged) to prevent the foot of a derrick being accidentally lifted out of its socket or support.

Article 11, paragraphs 1, 2 and 5 to 9. The Committee notes that none of the many sections to which the Government refers in reply to its previous comments includes provisions to give effect to the above paragraphs of Article 11 of the Convention. It requests the Government to supply information concerning the safety measures which have to be taken when fixing loads, in particular those which set out (in accordance with Article 11, paragraph 1) the conditions under which a load may be left suspended from a hoisting machine; the conditions in which it is necessary for a signaller to be employed (paragraph 2); the possibilities for workers employed in loading or unloading coal or other bulk cargo to escape easily from the hold or the 'tween decks (paragraph 5); the conditions for the correct use of stages (paragraph 6); the correct use of hooks and can-hooks when the working space in a hold is confined to the square of the hatch (paragraph 7); the prohibition to load a hoisting machine of any description beyond the authorized safe working load, save in exceptional cases and then only in so far as may be allowed by national laws or regulations (paragraph 8); and the correct use of shore cranes with varying capacity (paragraph 9).

Article 14. With reference to its previous comments, the Committee notes that section 102 of the General Regulations on Safety and Health in Dock Work do not contain provisions prohibiting the removal or interference with the safety devices provided for by the Convention and requiring their rapid restoration after each temporary removal which was necessary. The Committee once again requests the Government to indicate the measures which have been taken or are envisaged to give effect to Article 14 of the Convention.

2. The Committee takes due note of the efforts made by the National Port Authority to review annually the General Regulations on Safety and Health in Dock Work. It requests the Government to supply copies of the revised texts.