Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Egypt (Ratification: 1988)

The Committee notes that, according to the Government, Order No. 98 of 1986 and Order No. 163 of 1988 were amended by virtue of Ministerial Order No. 21 of 1996. Furthermore, the Government indicated that Ministerial Order No. 520 of 2003, which relates to authorizing carrying out activities linked to maritime transport at Egyptian ports, was also promulgated.

The Committee also notes that, according to the Government’s report, effect is given to Articles 4(1)(b) and (f); 4(2)(c), (j), (n); 9; 10; 19(2); 20(1), (2) and (4); 22(1); 23; 25; 26; 31; 32(5); 36(1)(c) and (d), and (2) and (3); and 41(b). It however notes that the Government did not provide detailed information on the application of Article 4(2)(d), (e), (h) and (q) on specific measures complying with Part III of the Convention; Article 6(1)(c) on arrangements under which workers can report to their supervisor any situation presenting a risk; Article 8 on effective measures to protect workers in workplaces that become unsafe or present risk of injury to health; Article 13(5)–(7) on precautions to remove guard; Article 15 on adequate and safe means of access to the ship; Article 17 on access to the hold or deck of a vessel; Article 28 on rigging plans to permit the safe rigging of derricks and accessory gear; Article 29 on pallets and similar devices for containing or supporting loads; Article 30 on raising or lowering of loads and Article 42 on time limits for the application of the Convention. The Committee therefore requests once again the Government to indicate the measures taken, in law and in practice, to give effect to each of these provisions of the Convention.

Article 3. Definitions. The Committee notes that the Government’s report provided the definitions of “worker”, “competent person”, “responsible person” and “authorized person”. The Committee also notes that the definitions from the national legislation are not in accordance with the requirements established under Article 3 of the Convention. Concerning the definition of “worker”, the national legislation provides that a worker is “any natural person who works in return for remuneration with an employer, under his supervision, or management”; whereas the Convention applies to “any person engaged in dock work”. As regards the definition of “responsible person”, the national legislation refers to “the responsible director as the legal representative of the undertaking and/or the person responsible for the management of work in the subsidiary”. In this respect, the Committee reminds the Government that the Convention applies to any “person appointed by the employer, the master of the ship or the owner of the gear, as the case may be, to be responsible for the performance of a specific duty or duties and who has sufficient knowledge and experience and the requisite authority for the proper performance of the duty or duties”. The Committee would be grateful if the Government would provide further information on the application of this Article of the Convention.

Article 4(3). Adoption of technical standards or codes of practice. The Committee notes that the Government referred once again to book v of the Labour Code No. 12 of 2003, which provides for the measures taken on occupational safety and health and securing the work environment. It also notes that the Government mentioned Ministerial Order No. 211 of 2003, which related to the safety thresholds, requirements and necessary precautions to fend off negative biological, mechanical and physical hazards, and securing the work environment, and Ministerial Order No. 129 of 2007, which relates to the manual on procedures in the area of occupational safety and health, and securing the work environment. Furthermore, the Committee notes that, according to the Government, instructions on the environment, health, and safety related to ports, utilities and stations were also used, and that they include environmental issues related to the establishment and operation of a port and a station (i.e. handling substances for raking, handling solid waste, handling hazardous substances and petroleum, pollutants’ emission in the air, receiving public waste, noise, used waters, biological diversity). The Committee asks the Government to provide specific information on technical standards or codes of practice that would give effect to Article 4(3).

Article 7. Consultation and collaboration between employers and workers. The Committee notes that the Government indicated that it has ratified the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). It also notes that, according to the Government, the competent authorities formulate any provisions or laws related to working at ports and especially with respect to provisions governing on occupational safety and health in consultation with organizations of employers (Federation of Shipowners) and workers (Federation of Maritime Transport Work). The Committee asks the Government to provide relevant information on the arrangements under which the competent authorities consult the organizations of employers and workers concerned in giving effect to the provisions of the Convention. It also asks the Government to indicate the provisions made for collaboration between employers and workers or their representatives in the application of the measures giving effect to the Convention.

Article 11. Width of passageways for pedestrians and cargo-handling appliances. The Committee notes that the Government refers to section 28 of Ministerial Order No. 211 of 2003 providing that “passageways shall be free of holes, and hatch covers which are not robust or the area and valves which are installed vertically or any construction which may cause any collision risk, and shall not expose any pedestrian to the risk of falling. The material used shall be suitable for work, and be uniform. The necessary precautions shall be taken to protect workers against the risks of falling and falling objects.” The Committee asks the Government to indicate whether a minimum width has been prescribed for passageways for vehicles and cargo-handling appliances, and separate passageways for pedestrian use.

Article 18. Construction of hatch covers or beams. The Committee notes that, according to the Government, section 29 of Order No. 211 of 2003 refers to lifting appliances and not to hatch covers and beams. The Committee asks the Government to indicate the provisions of the relevant legislation giving effect to the requirements concerning hatch covers and beams contained in Article 18 of the Convention.