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

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

The Committee notes the reports provided by the Government on the application of Conventions Nos 23, 108 and 134 on seafarers. In order to provide an overview of matters arising in relation to the application of the maritime Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

The Committee recalls that, under the Standards Review Mechanism, the Governing Body of the ILO, on the recommendation of the Special Tripartite Committee of the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Conventions Nos 22, 23, 108, 133 and 134, all of which have been ratified by Uruguay, as “outdated standards”. At its 343rd Session (November 2021), the Governing Body placed on the agenda of the 118th Session (2030) of the International Labour Conference an item on the abrogation of Conventions Nos 22, 23, 133 and 134 and requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006, and of the Work in Fishing Convention, 2007 (No. 188), among countries bound by those Conventions. It also requested the Office to encourage the ratification of the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185), among countries bound by Convention No. 108. The Committee therefore encourages the Government to consider the possibility of ratifying the MLC, 2006, and Conventions Nos 185 and 188 and reminds it of the availability of technical assistance from the Office.

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on seafarers’ rights and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Repatriation of Seamen Convention, 1926 (No. 23)

Article 4 of the Convention. Entitlement to repatriation free of charge. Observing that the legislation referred to by the Government does not expressly guarantee the right to repatriation of seafarers in the event of shipwreck, the Committee requested the Government to indicate the measures adopted to give effect to Article 4 of the Convention. The Committee notes the Government’s reference to Decree No. 676/967 establishing rules on seafarers’ articles of agreement and repatriation, section 4 of which meets the requirements that the shipowner shall bear the return expenses of crew members, including everything related to the transportation, accommodation and maintenance of seafarers. The Committee takes note of this information.

Seafarers’ Identity Documents Convention, 1958 (No. 108)

Article 6 of the Convention. Permission to enter the territory for any seafarer holding a valid seafarer’s identity document. In its previous comments, the Committee requested the Government to indicate the legislative provisions or the administrative regulations or instructions that guarantee the right of entry of seafarers holding identity documents issued by other countries, for temporary shore leave or for the purpose of joining a ship or transiting to join a ship in another country, in accordance with Article 6 of the Convention. Observing that the Government has not provided information on this point, the Committee reiterates its request.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)

Article 2, paragraphs (1)–(3) and Article 3 of the Convention. Statistics of occupational accidents. In its previous comments, the Committee requested the Government to adopt the necessary measures to give effect to these requirements of the Convention. The Committee notes the Government’s reference to the State Insurance Bank statistics on accidents involving fishers on board ship. While taking note of this information and recalling that the Convention applies to any ship, other than a ship of war, registered in its territory, the Committee requests the Government to adopt the necessary measures to ensure that: (i) statistics are kept on all occupational accidents occurring to seafarers working on board ships covered by the Convention (Article 2); and (ii) that research is undertaken into the general trends and hazards brought out by the statistics (Article 3).

Article 5. Obligation of seafarers to comply with accident prevention provisions. Observing that Chapter II of Maritime Provision No. 17 of 11 October 1983 contains no binding recommendations to improve safety and health on board ships, the Committee requested the Government to indicate the measures taken to ensure mandatory compliance with the provisions governing accident prevention. The Committee notes the Government’s indication that Decree No. 406/988 of 3 June 1988 is the general provision on prevention for all activities for which there is no specific provision, as is the case with maritime labour. Recalling the need for legislation concerning the prevention of accidents to take into account the conditions specific to the maritime sector, the Committee requests the Government to take measures to give effect to Article 5 of the Convention.

Article 8. Programmes for the prevention of occupational accidents. In earlier comments, the Committee requested the Government to indicate the measures taken to give effect to Article 8 of the Convention in practice. Observing that the Government provides no new information, the Committee requests the Government to take the necessary measures to establish, in accordance with Article 8, national or local joint accident prevention committees or ad hoc working parties, on which both shipowners’ and seafarers’ organizations are represented.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that in its reports on the application of various maritime Conventions, the Government indicates that the Maritime Labour Convention, 2006 (MLC, 2006), is under study in the Tripartite Group on International Standards. In order to give an overall view of the issues needing attention in connection with the application of maritime Conventions, the Committee considers that they are best dealt with in a single set of comments, which is set out below.

Placing of Seamen Convention, 1920 (No. 9)

Articles 2–5 of the Convention. Recruitment agencies for seafarers. The Committee requested information on the law and practice pertaining to the operation of employment agencies for seafarers. It notes that the Government reports in this connection that the Register of Merchant Marine Personnel is responsible for placing seafarers free of charge, in accordance with Decree No. 463/968 of 23 July 1968.

Seamen’s Articles of Agreement Convention, 1926 (No. 22)

Article 14(2) of the Convention. Certificate as to the quality of the seafarer’s work. The Committee requested the Government to indicate the measures taken to ensure that the seafarer has at all times the right to obtain from the master a separate certificate as to the quality of his/her work or, failing that, a certificate indicating whether the seafarer has fully discharged his/her obligations under the agreement. The Committee notes that the Government refers to Maritime Provision No. 16 of 25 October 1982 on seamen’s articles of agreement, which recalls that under Uruguayan law ratified international treaties are transposed into national provisions that are fully applied and take precedence over any provisions of domestic law that may afford lesser benefits or guarantees. The Committee concludes that Article 14(2) of the Convention, establishing that “the seaman shall at all times have the right … to obtain from the master a separate certificate as to the quality of his work or, failing that, a certificate indicating whether he has fully discharged his obligations under the agreement”, is part of Uruguayan law and that there is therefore no need to adopt other domestic provisions in order for it to apply.

Seafarers’ Identity Documents Convention, 1958 (No. 108)

Articles 2–4 of the Convention. Issuance of a seafarer’s identity document. In earlier comments, the Committee noted Maritime Provision No. 38 of 14 March 1988, which regulates the issuance of seafarers’ identity documents in accordance with the requirements of the Convention. While observing that the Government indicates that the Maritime Authority does not grant identity documents to seafarers, the Committee requests the Government to indicate the measures which it envisages to adopt in order to ensure that identity documents are issued in conformity with the requirements of Maritime Provision No. 38.

Article 5(2). Readmission to a territory. The Committee requested the Government to specify the provisions ensuring that a seafarer, holder of a seafarer’s identity document issued by the Uruguayan authorities, will be readmitted in Uruguay during a period of at least one year after the date of expiry indicated in that document. Observing that the Government has not provided information on this issue, the Committee requests it to specify how effect is given to Article 5(2) of the Convention.

Article 6. Permission to enter the territory for any seafarer holding a valid seafarer’s identity document. The Committee requested the Government to indicate the provisions ensuring the right of entry of seafarers holding valid seafarers’ identity documents issued by other countries, for temporary shore leave or for the purpose of joining a ship or transiting to join a ship in another country. The Committee notes the information supplied by the Government to the effect that the documents certifying identity as a crew member are the crew member’s book, a passport identifying the holder as a seafarer or documentation showing the holder to be fit to serve on board. The Committee nonetheless observes that the Government specifies no provision guaranteeing the right of entry of seafarers holding seafarers’ identity documents issued by other countries. Consequently, the Committee requests the Government to indicate the legislative provisions or the administrative regulations or instructions that guarantee the right of entry of seafarers holding identity documents issued by other countries, for temporary shore leave or for the purpose of joining a ship or transiting to join a ship in another country, in accordance with Article 6 of the Convention.

The Committee recalls that the Convention has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). It draws the Government’s attention to its general observation addressing the recent amendments to the annexes of Convention No. 185.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)

Article 2(1)–(3) of the Convention. Statistics of occupational accidents. The Committee requested the Government to provide recent statistics of occupational accidents in the maritime sector. It notes the information supplied by the Government to the effect that there are no specific statistics for all types of accidents. Recalling that according to the Convention, statistics must record the numbers, nature, causes and effects of occupational accidents, with a clear indication of the department on board ship and of the area where the accident occurred, the Committee requests the Government to take the necessary steps to compile statistics that meet the requirements of the Convention.

Article 3. Research. The Committee requested the Government to send information on the research under way into general trends relating to occupational accidents at sea and the particular hazards of maritime employment identified by the statistics gathered on the subject. The Committee notes that according to the Government, the Maritime Authority is not engaged in research into general trends in occupational accidents. Pointing out that according to the Convention research shall be undertaken into general trends and into such hazards as are brought out by statistics, the Committee requests the Government to take the necessary measures to give effect to Article 3 of the Convention.

Article 4(3)(h). Prevention of accidents. Dangerous cargo. The Committee requested the Government to indicate whether there are specific provisions on measures for the prevention of accidents that are peculiar to maritime employment that cover dangerous cargo. The Committee takes note of Maritime Provisions Nos 51 of 16 December 1996, 55 of 24 June 1997, 85 of 12 June 2002, 101 of 13 June 2005, 102 of 5 June 2005, 123 of 21 August 2009 and 153 of 12 October 2014, sent by the Government, and observes that they contain specific provisions on the prevention of accidents on board ships transporting dangerous cargo. The Committee further observes that Decree No. 158/985 of 25 April 1985 approves the Dangerous Goods Operations and Transport Regulations, which contain provisions on measures to prevent accidents caused by dangerous cargo. Lastly, the Committee notes the information from the Government to the effect that the International Maritime Dangerous Goods (IMDG) Code, and the International Safety Management (ISM) Code of the International Maritime Organization have been incorporated in Uruguay’s statutory law.

Article 4(3)(h). Prevention of accidents. Ballast. The Committee asked the Government to indicate the provisions that address the prevention of accidents in the handling of ballast. It takes note of the Maritime Provisions sent by the Government and observes that Maritime Provision No. 109 ALFA of 7 November 2006 refers to the safety of crew members and persons involved in the exchange of ballast water. However, this provision does not include measures for the prevention of accidents caused by ballast. The Committee accordingly requests the Government to indicate whether any other provisions give effect to Article 4(3)(h) of the Convention.

Article 5. Obligation of seafarers to comply with accident prevention provisions. The Committee pointed out to the Government that Chapter II of Maritime Provision No. 17 of 11 October 1983 contains recommendations, which are not binding, to improve safety and health on board ships inter alia through the use of protective equipment. The Committee points out that according to the Convention, provisions on accident prevention must specify clearly the obligation of shipowners, seafarers and others concerned to comply with them. The Committee requests the Government to indicate the measures taken to ensure mandatory compliance with the provisions governing accident prevention, particularly those covering protective equipment.

Article 8. Programmes for the prevention of occupational accidents. The Committee requested the Government to indicate whether a committee had been set up in the maritime sector to formulate, implement and periodically review the national safety and health policy, as prescribed by Decree No. 291/007 of 13 August 2007. While noting the information supplied by the Government to the effect that since 2013 a sectoral committee has been in operation with a mandate to draft a standard for the prevention of occupational risks in the ports sector, the Committee observes that the abovementioned committee does not include representatives of shipowners and seafarers, and does not address the subject of on-board personnel. Recalling that the Convention requires the establishment of national or local joint accident prevention committees or ad hoc working parties on which both shipowners’ and seafarers’ organizations are represented, the Committee requests the Government to indicate the measures taken to give effect to Article 8 of the Convention in practice.

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

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.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with interest the creation of the tripartite advisory council on policies relating to labour inspection and social security, which is responsible, most notably, for promoting legislative development in respect of the prevention of occupational hazards and for coordinating the activities of bodies or institutions involved in the improvement of working conditions and the working environment. The Committee, however, draws the Government’s attention to the following points.

Article 4, paragraph 3(h), of the Convention. Dangerous cargo and ballast. In reference to its previous comments, the Committee notes with regret that no measures have been adopted to prevent occupational accidents in the handling of dangerous cargo and ballast. The Committee therefore requests the Government, once again, to take the necessary measures to bring legislation and practice into line with the provisions of this Article.

Article 6. Inspection. In its comments made in 2001, the Committee asked the Government to take the necessary measures to ensure the proper application of the provisions of the Convention. In its report, the Government expresses its willingness to allocate additional resources to the labour inspection and social security services, both of which are considered strategic services. The Committee requests the Government to indicate, in its next report, any progress made in this respect.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its report. In particular, it notes with interest in regard to Article 7 of the Convention that under section 17 of Act No. 16.387 of 27 June 1993, as superseded by Act No. 16.736 of 5 January 1996, the minimum safe crew for each merchant vessel shall be determined by the competent authority. The operative crew shall be established by the shipowner with the agreement of the vessel’s master.

Further to its previous comments regarding Article 4, paragraph 3(h), of the Convention, the Committee notes that the Government will take into account the Committee’s comments indicating that adequate measures should be taken for the prevention of occupational accidents in the handling of dangerous cargo and ballast, as laid down in this provision of the Convention. The Committee recalls that, pursuant to paragraph 1 of this Article, provisions concerning the prevention of occupational accidents shall be laid down by laws or regulations, codes of practice or other appropriate means. Finally, the Committee again expresses the hope that the Government will adopt such measures as the Committee has been requesting since 1989.

Furthermore, the Committee notes that inspection programmes have not been carried out within the scope of the Convention and, finally, compliance with the provisions of the Convention in practice have not been ensured. The Committee recalls that in accordance with Article 6 the necessary measures shall be taken to ensure the proper application of the provisions of the Convention. The Committee therefore hopes that the Government will adopt appropriate measures to comply with the obligation set out in this Article of the Convention.

The Committee also hopes that, further to the adoption of these measures and the inspections carried out, the Government will be in a position to communicate information on the practical application of this Convention, for example by supplying extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents reported, etc., as required in Part V of the report form.

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

The Committee notes with interest Decree No. 83/996 of 7 March 1996 which provides for the establishment of the National Occupational Health and Safety Council responsible for preparing and proposing plans, programmes and national campaigns for occupational safety and health and the improvement of working conditions and for other activities for the prevention of occupational accidents with the participation of Employers' and Workers' representatives (Article 8 of the Convention).

Article 4, paragraph 3(h). The Committee notes that no special measures have been adopted to give effect to this provision of the Convention. It trusts that the Government will be in a position to indicate in a future report that prescriptions have been laid down which provide a sound basis for the prevention of occupational accidents in the handling of dangerous cargo and ballast, and asks the Government to report on any progress made in this respect.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the Government's report.

Article 4, paragraph 3(h), of the Convention. The Committee notes the text of the "Trojas" Regulations, dated 8 June 1931, and of Decree No. 2740, dated 23 December 1943, Decree No. 3769, dated 28 September 1944, and Decree No. 1049, dated 26 December 1974, which were attached to the Government's report and it notes that the above texts do not contain measures to give effect to the above provision of the Convention.

The Committee draws the attention of the Government to its obligation, in accordance with this provision of the Convention, to lay down provisions concerning the prevention of occupational accidents which are peculiar to maritime employment in laws or regulations, codes of practice or other appropriate means on matters including dangerous cargo and ballast. It requests the Government to indicate the measures which have been adopted or are envisaged to ensure the application of this provision of the Convention.

Article 8. The Committee notes that, according to the information supplied by the Government in its report, the draft Decree to establish the creation of joint occupational safety and health committees in all enterprises, including ships flying the national flag which are not ships of war, has not been adopted. It once again hopes that this Decree will be adopted in the near future, and requests the Government to supply the text of the above Decree once it has been adopted.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the information provided by the Government in reply to its previous direct request concerning the application of Articles 3 and 6, paragraph 4, of the Convention. The Committee asks the Government to supply additional information on the following points:

Article 4, paragraph 3(h), of the Convention. What measures (legislation, codes of practice or other) have been taken to apply this provision of the Convention, given that Maritime Instruction No. 18 contains no provisions in this regard?

Article 8. The Committee notes with interest that the executive authority is studying a draft Decree which would establish the creation of joint safety and occupational health committees in all relevant enterprises, including ships flying the national flag which are not ships of war. The Committee hopes that this Decree will be approved in the near future.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

Referring to its previous comments, the Committee notes with satisfaction that Maritime Instruction No. 18 of 28 December 1984 contains provisions relating to accident prevention on board ship which, in accordance with Article 4, paragraph 3(a), (f) and (g), of the Convention, cover the following areas: general and basic provisions; fire prevention and fire-fighting; and anchors, chains and lines. This Instruction gives effect also to Article 6, paragraph 4, of the Convention, covering provision of information to seafarers.