Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) - Uruguay (Ratification: 1977)

Article 2(1) to (3) of the Convention. Statistics of occupational accidents. Recalling that the Government provided statistics for the last time in 1996, the Committee requests it to provide the most recent statistics available on occupational accidents in the maritime sector established by the State Insurance Bank and covering the numbers, nature, causes and effects of occupational accidents, with an indication of the department on board ship (for instance, deck, engine or catering) and the area (for instance, at sea or in port) where the accident occurred. The Committee draws the Government’s attention to the fact Standard A4.3(5) of the Maritime Labour Convention, 2006 (MLC, 2006), which revises the present Convention, provides that the competent national authority shall ensure that comprehensive statistics of occupational accidents, injuries and diseases are kept, analysed and published and, where appropriate, followed up by research into general trends and into the hazards identified. Furthermore, in accordance with Guideline B4.3.5(2) of the MLC, 2006, these statistics should record the numbers, nature, causes and effects of occupational accidents and occupational injuries and diseases, with a clear indication, as applicable, of the department on board a ship, the type of accident and whether at sea or in port.

Article 3. Research. The Committee requests the Government to provide information on the research currently undertaken into general trends relating to occupational accidents at sea and the particular hazards of maritime employment identified by the statistics gathered on this subject.

Article 4(3)(h) and (i). Dangerous cargo and personal protective equipment. The Committee notes the indications in the Government’s report that Uruguay has ratified the 1974 International Convention for the Safety of Life at Sea (SOLAS) and that the implementation of the latter ensures the full application of the provisions of Article 4 of the Convention. However, it draws the Government’s attention to the fact that the SOLAS Convention establishes general rules respecting security, safety and the exploitation of ships, but does not specifically address occupational safety and health. In this respect, the Committee notes Maritime Provision No. 51 of 16 December 1996, attached to the Government’s latest report, which establishes safety rules for de-gassing and maintenance on board ships carrying combustible liquids or gases, chemicals or hazardous goods. The Committee requests the Government to indicate whether other provisions specifically address the measures to be taken for the prevention of accidents on board ships transporting hazardous cargoes. The Government is also requested to indicate which provisions establish the rules to be followed relating to the use of personal protective equipment. It recalls, in this respect, that Guideline B4.3.1(2) of the MLC, 2006, also provides for the adoption of measures for the management of occupational safety and health in relation to the points referred to above.

Article 5. Obligation of seafarers to comply with accident prevention provisions. The Committee notes that Chapter II of Maritime Instruction No. 17 contains recommendations for the improvement of safety and health, which enumerate the measures that seafarers should take in this field. However, it observes that the Instruction only contains recommendations, and not binding provisions. The Committee requests the Government to indicate whether other legal provisions provide for the obligation of seafarers to comply with the provisions adopted respecting the prevention of accidents on board ships and, if so, to provide copies. It recalls, in this respect, that Standard A4.3(2) of the MLC, 2006, establishes that the provisions on health and safety protection and accident prevention shall clearly specify the obligation of shipowners, seafarers and others concerned to comply with the applicable standards.

Article 8. Programmes for the prevention of occupational accidents. The Committee notes with interest Decree No. 291/007 of 13 August 2007, section 12 of which provides for the establishment, in each sector, of a tripartite sectoral commission entrusted with the formulation, implementation and regular evaluation of a national occupational safety and health policy. It requests the Government to indicate whether such a commission has been established for the maritime sector, and if so, to provide all relevant information on the activities of the commission. More generally, the Committee requests the Government to indicate the manner in which shipowners and seafarers or their representatives play an active part in the implementation of programmes for the prevention of occupational accidents. It emphasizes that, under the terms of Standard A4.3(1)(c) of the MLC, 2006, the laws and regulations and other measures to be adopted in this field shall include on-board programmes for the prevention of occupational accidents, injuries and diseases and for continuous improvement in occupational safety and health protection, involving seafarers’ representatives and all other persons concerned in their implementation. Furthermore, Guideline B4.3.7(2) of the MLC, 2006, provides that joint occupational safety and health protection and accident prevention committees or ad hoc working parties and on board committees, on which shipowners’ and seafarers’ organizations concerned are represented, should be established.

Part V of the report form. Application in practice. The Committee requests the Government to provide general indications on the manner in which the Convention is applied in practice, and to attach extracts from the reports of the inspection services indicating the number and nature of the contraventions reported and the resulting action taken, and the number of workers covered by the legislation giving effect to the Convention.

Finally, the Committee hopes that the Government will soon be in a position to ratify the MLC, 2006, which revises the present Convention and 36 other international maritime labour Conventions, and which contains in Regulation 4.3 and the corresponding Code detailed provisions on occupational safety and health and accident prevention. It requests the Government to keep the Office informed of any decision that it might take in this respect.