Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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

The Committee takes note of the information supplied by the Government in its report on the adoption of Legislative Decree No. 7 of 7 February 1998 "establishing the Maritime Authority of Panama". It also notes the information on the adoption of Legislative Decree No. 8 of 26 February 1998 "regulating work at sea and on navigable waterways". According to the Government this text has brought the national legislation into conformity with the ILO maritime Conventions it has ratified. The Committee notes with regret that Legislative Decree No. 8 contains no provisions regarding protection against accidents of workers employed in loading and unloading ships. The Committee also notes that under the provisions of section 1(a), Legislative Decree No. 8 does not apply "where the service provided on board is not directly related to the operation, function and use of the vessel, such as the service of loading, which is provided for the stay of the vessel in port, or services provided while the vessel is in transit on canals, rivers or navigable waterways". The Committee is therefore obliged to reiterate its earlier comments in respect of the following provisions:

Article 2, paragraph 2(3) and (4), of the Convention. The Committee requests the Government to supply information on the existence of laws or regulations applying subparagraph (3) -- the width of space left along the edge of any wharf or key -- and subparagraph (4) -- provision of fences in dangerous parts and dangerous footways -- of this Article.

Article 3, paragraph 3. The Committee notes the Government's indication in its report that sections 118 to 122 of the Regulations apply this provision. The Committee observes that the only reference to Article 3, paragraph 3, of the Convention is section 117, which provides that means of access to ships for workers should be adequate, appropriate and safe and comply as a minimum with the standards of the International Convention on the Safety of Life at Sea (SOLAS). The Committee recalls that this provision of the Convention fixes the minimum limits for means of access to the ship and thus provides the measurements thereof. The Committee urges the Government to take the steps necessary to ensure application of the Convention on this point.

Article 5, paragraphs 2 and 5. The Committee again notes with regret that the Government makes no reply to its comments regarding these provisions of the Convention. The Committee requests the Government to indicate the legislation which regulates means of access to holds in accordance with the requirements of the Convention.

Article 6, paragraph 2. The Committee notes the Government's indication that in practice the Occupational Safety and Health Inspectors of the National Port Authority (APN) establish safety measures to avoid dangerous situations related to openings in the decks of ships. The Committee notes that the Government does not refer to the positioning of fences. The Committee trusts that the Government will soon adopt the measures necessary to give effect to this provision of the Convention in law as in practice.

Article 8. The Committee notes the Government indicates in its report that the General Regulations on Safety and Health in Dock Work give effect to this provision of the Convention. The Committee observes that sections 124 (location of workers); 125 (coaming or fencing); 126 (loading of merchandise); 130 (location of workers); 131 (fastening equipment); 132 (notice to personnel); 133 (positioning of hatch covers, tarpaulins, canvases, beams); 134 (positioning of conventional hatch covers) and 135 (distance between the coaming and removed hatch covers, beams) mentioned by the Government do not refer specifically to the circumstances foreseen in these paragraphs of this Article of the Convention. The Committee is therefore again obliged to request the Government to adopt the measures necessary to ensure application of this provision of the Convention.

Article 9, paragraph 2(2). In its earlier comments the Committee requested the Government to indicate the measures taken to ensure the frequency of the examinations and inspections provided under sections 29 and 30 of the General Regulations on Safety and Health in Dock Work. The Committee notes that the Government only states in its report that the examinations and inspections provided under sections 29 and 30 of the General Regulations on Safety and Health in Dock Work are regular. The Committee is again obliged to request the Government to indicate the laws or regulations which fix the periodicity of inspections as required under this provision of the Convention.

Article 9, paragraph 2(5). The Committee requests the Government to indicate in what manner the safe working load is marked on chain slings.

Article 9, paragraph 2(7). The Committee notes with regret that the Government has not replied in its report to its earlier comments. The Committee is therefore once again obliged to ask the Government to indicate the measures adopted or envisaged to ensure that cranes and winches are provided with such means as will reduce the risk of the accidental descent of a load while in process of being lifted or lowered.

Article 9, paragraph 2(9). The Committee takes note of the information supplied by the Government according to which although there is no law or regulation to ensure the application of this provision of the Convention, constant joint examinations are carried out by both inspectors and operators of cranes before initiation operations in order to verify that they work properly. The Committee recalls the need to adopt, according to this provision of the Convention, the necessary measures in the near future to ensure, in law as in practice, that the foot of a derrick is prevented from being accidentally lifted out of its socket or support.

Article 11, paragraph 1. The Committee notes the information supplied by the Government in its report to the effect that "no load shall be left suspended from any hoisting machine unless there is a competent person actually in charge of the machine while the load is so left". The Committee requests the Government to indicate in its next report the text of the law or regulation which gives effect to the provisions of the Convention in this regard.

Article 11, paragraphs 2 and 8. The Committee observes that sections 89 and 95 of the General Regulations on Safety cited by the Government are related to operations in the container terminals. The Committee requests the Government to transmit the legal or administrative texts, adopted or envisaged, which guarantee the application of these provisions in the case of general loading and unloading as well.

Article 11, paragraphs 5, 6, 7 and 9. The Committee notes the information provided by the Government that effect is given to these provisions of the Convention by the verifications by the port safety and health inspectors undertaken prior to the initiation of operations. The Committee is obliged to remind the Government of the need to adopt relevant legislation to ensure the application on each of the safety measures set forth in each of these paragraphs.

Article 14. The Committee observes that section 41 of the General Regulations on Safety comes under Chapter I, Title V and thus refers to protective devices on loading and handling gear. The Committee asks the Government to indicate the legal or administrative texts adopted or envisaged to give effect to this provision as regards the remaining elements described therein as well.

The Committee also notes from the Government's report that the National Directorate of Labour Inspection has taken steps with the National Port Authority to revise the General Regulations on Safety and bring them into conformity with the provisions of the Convention. The Committee expresses the hope that in the near future the Government will adopt the measures necessary to ensure application of the provisions of the Convention. It also asks the Government to inform it of any progress achieved in this respect and to transmit a copy of the revised Regulations.