Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Congo (Ratification: 1986)

The Committee notes with deep concern that the Government’s report has not been received. In light of the urgent appeal made to the Government in 2019, the Committee will examine the application of the Convention on the basis of the information at its disposal.

The Committee notes first that, in addition to its failure to provide a report since 2012, the Government did not provide sufficient information in successive reports and the Committee has not therefore been able to assess the effect given to many of the provisions of the Convention. In its previous comments, the Committee drew the Government’s attention to the need to reply to the questions raised on the effect given to several Articles of the Convention, and not to confine itself to providing information on the general legislative provisions applicable to enterprises. The Committee also recalled that, although the Government appeared to consider that dockworkers should be treated in the same manner as other workers and ports treated like any other enterprise, the Government is required, particularly under the terms of Articles 4 to 7 of the Convention, to take occupational safety and health measures that are specific to dock work. The Committee expects that the Government will take all the necessary measures on an urgent basis to provide full particulars on the following points.

Article 6(1)(a) and (c). Measures to ensure the safety of dock workers. The Committee notes that, under the terms of section 132 of the Labour Code, enterprises must be maintained in a constant state of cleanliness and ensure the necessary safety and health conditions for the health of the personnel, and that they must be so organized as to ensure the safety of the workers. By virtue of subsection 5, instructions on the prevention of occupational risks shall be posted in each workplace and each worker shall be informed by the employer of these instructions at the time of recruitment. The Committee requests the Government to indicate the manner in which effect is given to this general provision in dock work in order to ensure that workers do not misuse or interfere without due cause with the operation of any safety device provided for their own protection or the protection of others at the workplace, and that they are able to report any situation which they have reasons to believe could present a risk and which they cannot correct themselves.

Article 7. Consultation with employers and workers or their representatives. The Committee notes that, under the terms of section 131 of the Labour Code, a National Technical Commission for Occupational Health, Safety and Risk Prevention shall be established in the Ministry of Labour to examine matters relating to occupational safety and health and the prevention of employment risks. It notes that Decree No. 2000-29 of 17 March 2000 determines the composition and operation of this Commission. In accordance with section 2 of the Decree, the Commission is a tripartite advisory body under the authority of the Minister of Labour with the mandate to: re-examine periodically a coherent national policy on occupational safety and health in the workplace; propose any measures likely to improve occupational safety and health; and provide opinions on any related draft law or decree. The Committee requests the Government to provide information on the work of the National Technical Commission for Occupational Health, Safety and Risk Prevention in relation to occupational safety and health issues in dock work, as well as information on any other measures to ensure the collaboration of employers and workers or their representatives in the application of the measures giving effect to the Convention.

Article 8. Cessation of work in workplaces that are unsafe. The Committee previously recalled that Chapter II of Order No. 9036 of 10 December 1986, to which the Government referred, contains general protective measures, whereas the Convention requires the adoption of measures specific to dock work. The Committee urges the Government to indicate the provisions (regulations or other measures) requiring the adoption of effective protection measures (fencing, flagging or other suitable measures, including, where necessary, cessation of work) to ensure that when the workplace has become unsafe, workers are protected until it has been made safe again.

Article 12. Fire-fighting measures. The Committee notes that, under the terms of section 77 of Order No. 9036, heads of establishments shall take the necessary measures to control any incipient fires rapidly and effectively. However, the Committee notes that the only means envisaged to fight fires appear to be the use of extinguishers. The Committee requests the Government to provide information on the manner in which effect is given to section 77 of Order No. 9036 in dock work, and to specify whether other appropriate fire-fighting means are provided in docks, such as fixed systems, flexible hoses and fire hydrants.

Article 14. Construction, installation, operation and maintenance of electrical equipment. The Committee previously noted the Government’s indication that the application of this Article is ensured by inspections of enterprises by labour inspectors. The Committee also notes that section 133 of the Labour Code contains general provisions on the prevention of risks related to electrical equipment and installations, and more specifically on work in wells, gas and water pipes, sceptic tanks, vessels and any equipment that may contain deleterious gasses. Noting that this information is still insufficient as a basis for assessing the effect given to this Article of the Convention relating to electrical equipment and installations, the Committee draws the Government’s attention to section 3.6.4 (Electrical equipment) of the ILO Code of practice on safety and health in ports (2016), which provides indications on the main elements to be taken into consideration in the installation, operation and maintenance of electrical equipment and installations in ports. The Committee therefore urges the Government to indicate the texts or other measures which ensure that electrical equipment and installations used in dock work are so constructed, installed, operated and maintained as to prevent danger, and to specify the standards that have been recognized by the competent authority in this regard.

Article 17. Access to a ship’s hold or cargo deck. The Committee previously noted that section 41 of Order No. 9036, cited by the Government, sets out measures for the immobilization when stopped of lifting devices mounted on wheels, such as bridge cranes, gantry cranes, hoists on monorails and derricks, and to prevent their movement under specific atmospheric conditions (wind action). Recalling that the information provided is insufficient to be able to assess the effect given to this Article of the Convention, which requires the competent authority to determine the acceptability of means of access to a ship’s hold or cargo deck, the Committee draws the Government’s attention to section 7.3 (Access on board ships) of the ILO Code of practice on safety and health in ports (2016), which contains indications on the main elements to be taken into consideration in determining the means of access to a ship’s hold or cargo deck. The Committee urges the Government to indicate the texts or other measures setting out the means of access to a ship’s hold or cargo deck, and to specify the manner in which the competent authority determines their acceptability.

Article 21. Design of lifting appliances, items of loose gear and lifting devices. The Committee previously noted that sections 47 to 49 of Order No. 9036 referred to by the Government only set out protection measures for some machinery or parts of machines that can be dangerous. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that all lifting appliances, every item of loose gear and every sling or lifting device forming an integral part of a load are designed, used and maintained in compliance with the provisions of the Convention.

Article 35. Evacuation of injured persons. The Committee previously noted that section 147 of the Labour Code regulates the evacuation of injured persons who can be moved and who cannot to be treated by the facilities made available by the employer. The Committee requests the Government to indicate the measures adopted, under the terms of section 147 of the Labour Code, or by any other means, to ensure that adequate facilities, including trained personnel, are readily available for the provision of first aid.

Article 36(1)(d). Appropriate measures for the provision of occupational health services for workers. The Committee notes that Order No. 9033 of 10 December 1986 determines the organization and operation of the socio-health structures of enterprises installed in the country. In accordance with section 7 of the Order, socio-health personnel are responsible, among other tasks, in accordance with the laws and regulations in force, for: carrying out systematic medical examinations; ensuring the health education and information of workers; providing care to workers and their families who are ill; participating in the improvement of working conditions in the enterprise; and participating in the determination of occupational diseases. Recalling that, in accordance with this Article of the Convention, appropriate measures for the provision of an occupational health service for workers should be determined after consultation with the organizations of employers and workers concerned, the Committee requests the Government to indicate the manner in which employers’ and workers’ organizations are consulted in the organization and operation of socio-health centres, and in the activities of socio-health personnel, in enterprises engaged in dock work.

Article 37. Safety and health committees. The Committee recalls that, under the terms of this Article of the Convention, safety and health committees shall be formed at every port where there is a significant number of workers and, as necessary, at other ports. In this regard, the Committee recalls that Order No. 9030 on safety and health committees in undertakings (10 December 1986) provides that such committees, which include the head of the undertaking or is representative, the responsible agent for safety issues, the occupational doctor, the chief of staff and the workers delegates, should be established in all industrial undertakings and enterprises. These committees would be in charge of determining and implementing the internal policy on occupational safety and health. However, the Committee had noted from the Government’s previous report that the health and safety committees provided for by the law have not yet been established. The Committee urges the Government to provide information on any measures adopted for the establishment of safety and health committees provided for by the law in the port sector, with an indication of the manner in which the organizations of employers and workers concerned were consulted on the establishment, composition and functions of these committees.

Article 38(1). Adequate instruction and training. The Committee notes that, in accordance with section 141-3 of the Labour Code, employers are required to ensure the information and instruction of workers and the prevention of occupational risks inherent to the occupation or activity of the enterprise. The Committee previously noted the Government’s indication that the instruction and training of workers are entrusted to a specialist in this field at the enterprise level. The Committee urges the Government to indicate how instruction and training are ensured for workers engaged in dock work, particularly in relation to the potential risks attaching to the work and the main precautions to be taken. Furthermore, the Committee requests the Government to provide the available information on the activities of the specialists in instruction and training in enterprises engaged in dock work.

Finally, in the absence of information on the application of the following provisions of the Convention, the Committee urges the Government to indicate any regulations or other measures adopted or envisaged to give full effect to them:

Article 9(1) and (2). Safety measures with regard to lighting and marking of dangerous obstacles.

Article 10(1) and (2). Maintenance of surfaces for traffic or stacking of goods and the safe manner of stacking goods.

Article 11(1) and (2). Width of passageways and separate passageways for pedestrians.

Article 16(1) and (2). Safe transport to or from a ship or other place by water, safe embarking and disembarking, and safe transport to or from a workplace on land.

Article 18(1)–(5). Regulations concerning hatch covers.

Article 19(1) and (2). Protection around openings on decks, closing hatchways when not in use.

Article 20(1)–(4). Safety measures when power vehicles operate in the hold; hatch covers secured against displacement; ventilation regulations; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded.

Article 22(1)–(4). Testing of lifting appliances and items of loose gear.

Article 23(1) and (2). Certification of lifting appliances.

Article 24(1) and (2). Inspection of items of loose gear and slings.

Article 25(1) and (2). Records of lifting appliances and items of loose gear.

Article 26(1)–(3). Mutual recognition by Members of arrangements for testing and examination.

Article 27(1)–(3). Marking lifting appliances with safe working loads.

Article 28. Rigging plans.

Article 29. Strength and construction of pallets for supporting loads.

Article 30. Necessary measures for the raising or lowering of loads.

Article 31(1) and (2). Lay-out and organization of work in freight container terminals.

Article 32(1)–(4). Handling, storage and stowing of dangerous substances; compliance with international regulations for the transport of dangerous substances; prevention of the exposure of workers to harmful substances or atmospheres.

Article 34(1) to (3). Protective equipment and clothing.

Article 36(1)(a), (b) and (c), (2) and (3). Medical examinations.

Article 38(2). Minimum age limit for the operation of lifting appliances.

Part V of the report form. Application of the Convention in practice. The Committee urges the Government to provide information on the manner in which the Convention is applied in the country and in particular information on the number of dockworkers covered by the legislation, the number and nature of the contraventions reported and the number of occupational accidents and diseases reported in dock work.

The Committee trusts that the Government will take all the necessary measures on an urgent basis to give full effect to the Convention and that it will provide a detailed report in this regard.

[The Government is asked to reply in full to the present comments in 2023.]