Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) - Slovenia (Ratification: 1992)

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

Legislation. The Committee notes the information from the Government’s report that the requirements of the Convention are complied with and implemented, and that on the entry into force of the Health and Safety at Work Act (Uradni list RS, No. 43/11), the Rules on hygienic and technical measures with regard to work in port transport (Uradni list SFRJ, No. 14/64) ceased to apply. The Government also provides a list of regulations on safety and health at the workplace, which are being applied, mutatis mutandis, for the purpose of the Convention. The Committee draws the Government’s attention to the fact that the report should indicate the specific provisions of the relevant legislation giving effect to the Convention. The Committee therefore requests the Government to provide detailed information on the specific provisions of the relevant legislation giving effect to the Convention, and to communicate copies of the relevant texts, if possible in one of the ILO’s working languages.

Part V of the report form. Application in practice. The Committee notes the information from the Government’s report that, between 2002 and 2012, accidents in the Port of Koper appear to decrease. The Committee once again requests the Government to provide information on the measures taken to prevent accidents and on their impact on the application of the Convention. It also asks the Government to continue to provide statistical information regarding work in the Port of Koper, including extracts from inspectors’ reports, and, if such statistics are available, information regarding the number of workers covered by the Convention, the number and nature of the contraventions reported, and the number, nature and causes of accidents reported.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1 of the Convention. Applicability and scope of the Convention. With reference to the Government’s reports submitted in 2002 and 2008 including information provided by the Port of Koper, the Committee notes that the Government indicates that the Convention would no longer be relevant to Slovenia, since it dates back to 1932 and reflects the level of technology and method of work at that time. The Committee wishes to emphasize that, by virtue of the ILO Constitution and international treaty law, as well as section 8 of the Slovenian Constitution, Slovenia remains bound by the provisions of this Convention until it ceases to have legal effect in the country by denunciation either by ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which revised Convention No. 32 or by an independent act of denunciation. Against this background the Committee requests the Government to provide further information on how this Convention is applied in the country, in law and in practice, in particular, in the Port of Koper and whether the Regulation on Sanitary and Technical Safety Measures in Harbour Transport Work (OG of the SFRY No. 14/64) still remains in force.

Part V of the report form. With reference to the statistical information regarding work in the Port of Koper 1990–2002, the Committee requests the Government to provide additional relevant statistical information covering the period after 2002 and including information on the number, nature and causes of any fatalities, accidents and diseases among port workers nationwide; information on measures taken or envisaged to protect the workers against such fatalities and accidents; and any other relevant information to assist the appreciation by the Committee of the manner in which the Convention is applied in the country.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Applicability and scope of the Convention. With reference to the Government’s reports submitted in 2002 and 2008 including information provided by the Port of Koper, the Committee notes that the Government indicates that the Convention would no longer be relevant to Slovenia, since it dates back to 1932 and reflects the level of technology and method of work at that time. The Committee wishes to emphasize that, by virtue of the ILO Constitution and international treaty law, as well as section 8 of the Slovenian Constitution, Slovenia remains bound by the provisions of this Convention until it ceases to have legal effect in the country by denunciation either by ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) which revised Convention No. 32 or by an independent act of denunciation. Against this background the Committee requests the Government to provide further information on how this Convention is applied in the country, in law and in practice, in particular, in the Port of Koper and whether the Regulation on Sanitary and Technical Safety Measures in Harbour Transport Work (OG of the SFRY No. 14/64) still remains in force.

Part V of the report form. With reference to the statistical information regarding work in the Port of Koper 1990–2002, the Committee requests the Government to provide additional relevant statistical information covering the period after 2002 and including information on the number, nature and causes of any fatalities, accidents and diseases among port workers nationwide; information on measures taken or envisaged to protect the workers against such fatalities and accidents; and any other relevant information to assist the appreciation by the Committee of the manner in which the Convention is applied in the country.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the information contained in the Government’s latest report, as well as the national laws and regulations referred to therein. The Committee notes in particular the statement by the Port Authority of Koper, according to which Articles 2, 3, 4, 5, 7, 9, 10, 11, 13, 14 and 17 of the Convention are no longer relevant to Slovenia, since this Convention dates back to 1932 and reflects the level of technology and method of work at that time.

2. The Committee takes this opportunity to recall that the Governing Body of the ILO has invited parties to Convention No. 32 to consider ratification of the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which revised Convention No. 32. Such ratification would automatically entail an immediate denunciation of Convention No. 32 (GB.268/LILS/5(Rev.1), paragraphs 99–101). The Committee also wishes to bring to the Government’s attention the ILO’s newly adopted code of practice in this area, Safety and health in ports, Geneva, 2005. This code of practice is available, inter alia, through the ILO’s web site by the following link: http://www.ilo.org/public/english/protection/
safework/cops/english/index.htm. The Government is requested to keep the Committee informed of any developments in this respect.

3. Part V of the report form. The Committee notes the information, according to which the legislation adopted on the basis of this Convention covers around 1,000 employees and that, while the number and nature of safety at work violations are unknown, the report of the Maritime Administration of the Republic of Slovenia reports that over the past three years (i.e. 1990–2002), there have been no fatalities at work in the Port of Koper. The Committee would be grateful if the Government would continue to provide relevant statistical information with its next report including on the number, nature and causes of accidents reported, if any, as well as information on measures taken or envisaged to protect the workers against such accidents and other relevant information on a general appreciation of the manner in which the Convention is applied, in accordance with Part V of the report form.

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

1. The Committee notes the information contained in the Government’s latest report, as well as the national laws and regulations referred to therein. The Committee notes in particular the statement by the Port Authority of Koper, according to which Articles 2, 3, 4, 5, 7, 9, 10, 11, 13, 14 and 17 of the Convention are no longer relevant to Slovenia, since this Convention dates back to 1932 and reflects the level of technology and method of work at that time.

2. The Committee takes this opportunity to recall that the Governing Body of the ILO has invited parties to Convention No. 32 to consider ratification of the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which revised Convention No. 32. Such ratification would automatically entail an immediate denunciation of Convention No. 32 (GB.268/LILS/5(Rev.1), paragraphs 99-101). The Committee also wishes to bring to the Government’s attention the ILO’s newly adopted code of practice in this area, Safety and health in ports, Geneva, 2005. This code of practice is available, inter alia, through the ILO’s web site by the following link: http://www.ilo.org/public/english/
protection/safework/cops/english/index.htm. The Government is requested to keep the Committee informed of any developments in this respect.

3. Part V of the report form. The Committee notes the information, according to which the legislation adopted on the basis of this Convention covers around 1,000 employees and that, while the number and nature of safety at work violations are unknown, the report of the Maritime Administration of the Republic of Slovenia reports that over the past three years (i.e. 1990-2002), there have been no fatalities at work in the Port of Koper. The Committee would be grateful if the Government would continue to provide relevant statistical information with its next report including on the number, nature and causes of accidents reported, if any, as well as information on measures taken or envisaged to protect the workers against such accidents and other relevant information on a general appreciation of the manner in which the Convention is applied, in accordance with Part V of the report form.