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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Legislation. Technical assistance. The Committee notes the Government’s indication that developments have been made in the national regulations concerning safety and health in port work with the publication of three bodies of legislation: standards regulating port services in Ecuador (Resolution No. MTOP-SPTM-2016-0060R), standards and requirements for the certification, registration and renewal of documents for seafarers and fishers working on board vessels flying the Ecuadorian flag and maritime-port personnel working in port facilities (Resolution No. MTOP-SPTM-2016-0102-R), and requirements for the recognition of centres for training and specialization of maritime port personnel (Resolution No. MTOP-SPTM-2016-0112-R). The Committee notes the Government’s intention to hold working groups with the institutions involved in the maritime and port sector, and in the fishing and aquaculture sector, aimed at pursuing the development and preparation of the document on the occupational safety and health regulations for each sector. The Committee requests the Government to continue providing information on any legislative or regulatory development related to the Convention.

Article 4(1)(f) of the Convention. Establishing proper procedures to deal with any emergency situations. The Committee notes the Government’s indication that the operating permits or authorizations being granted to the various port facilities include the protection plan and the contingency plan, which contain the appropriate procedures for emergency situations. The Government also indicates that each port facility must have an industrial safety office, a medical unit with outpatient services and an on-call doctor to ensure quick action in case of emergencies. The Committee requests the Government to provide examples of safety and emergency plans, or sets of practical recommendations for the emergency services in the port facilities.

Article 25(1), (2) and (3). Lifting appliances registers; Article 26. Mutual recognition; Article 27(2) and (3)(b) and (c). Functions of the competent authority with respect to lifting appliances; Article 28. Rigging plans; Article 31. Containers. The Committee notes the Government’s indication that, with respect to Article 25(1), (2) and (3), the Standardization Institute of Ecuador issued a diplomatic note informing port facilities of the State’s metrology laboratories competent in technical calibration standards. It also indicates that when the port facilities are granted the operation permit, they are informed of the obligation to register the lifting appliances and loose gear. With regards to the certificates granted or recognized as valid, it indicates that it is working to enforce the requirement on their submission during the safety inspections prior to granting the operating permits, as well as in the audits. The Government also indicates that all machines and materials come with their own certificates; that visual checks are carried out on an ongoing basis to enable the removal and replacement of the machines and materials if damage is detected; and that the stevedore thoroughly inspects all material when starting work. With regard to cranes and rigging, it indicates that endurance tests and inspections of the machines are carried out randomly. Lastly, the Government states that on a vessel where not all cargo is bulk solid or liquid, the cargo units and transport units are loaded, stowed and secured in accordance with the Cargo Securing Manual. While noting the clarifications provided, the Committee requests the Government to indicate the applicable textual provisions regarding the certification and operation of the lifting appliances and loose gear. It also requests the Government to keep it informed of any progress relating to action taken to ensure that certification has been carried out during the safety inspections prior to granting the operating permit. The Committee requests the Government to send the format of registers and certificates for lifting appliances and loose gear, rigging plans and reports of inspections conducted by the competent authority.

Article 41(a), (b) and (c). Institutional restructuring. Bodies concerned with dock work. Inspection. Penalties. The Committee notes the Government’s indication that the three resolutions above (MTOP-SPTM-2016-0060R, MTOP-SPTM-2016-0102-R and MTOP-SPTM-2016-0112-R) set out the National Authority’s responsibility for ensuring that all port facilities have adequate protection for the physical safety and protection of port operators. It indicates that port management inspections and audits are conducted on a six-monthly and annual basis, in accordance with the International Ship and Port-facility Security Code (ISPS). The Government also indicates that, in accordance with the standards regulating the port services in Ecuador, penalties extend to the suspension of the operating permit in the event of non-compliance with the obligations. Lastly, according to the Government, with regard to accidents or events as a result of non-conformity with these standards, the Port Authority is responsible for identifying and resolving issues related to technical maritime safety and protection, by issuing safety recommendations to prevent the recurrence of the causes of such accidents. Noting the information provided on the discussions held with actors in the port sector regarding the regulations on occupational health and safety, the Committee requests the Government to keep it informed of any clarification that these regulations, once adopted, may offer in relation to the occupational health and safety obligations for persons and bodies concerned with dock work, and in relation to inspections and penalties. Further, the Committee requests the Government to specify the graduation of penalties applicable in the event of non-compliance with the occupational safety and health obligations, indicating the relevant legislative or regulatory provisions.

Part V of the report form. Application in practice. The Committee notes the Government’s indication that from 2015 to the first half of 2019, 4,118 specialized occupational safety and health inspections were conducted nationally and that in the maritime and port sector no fines or penalties were reported for non-compliance with obligations and violations. The Committee also notes the Government’s indication in its supplementary information that in 2019 two inspections were conducted in a public undertaking associates with maritime transport, cabotage and cargo activities, covering 509 workers, and that in April 2020 an inspection was conducted in a private undertaking dedicated to activities related to water passenger transport, covering 151 workers. In addition, the Government indicates in its 2019 report that, through Ministerial Agreement No. SETED-MDT-2016-001-A of 2017, the Ministry of Labour issued the directive for compliance with the obligations of public and private employers, which sets out that the employer must complete, on an annual basis, the registration, approval, notification and/or reporting of labour obligations related to occupational safety and health on the online platform on the Ministry of Labour’s webpage (single labour system). It also indicates that since March 2018, the Risk Declaration application has been activated for the registration of activities pertaining to the identification of hazards, and evaluation and monitoring of occupational risks for each job. Between 2018 and June 2019, 15,171 public and private undertakings and public institutions completed this registration. Since 2019 the Occupational Health application has been activated for the registration of compliance indicators and activities concerning health surveillance, and prevention and promotion of occupational health. The Committee notes that, according to the supplementary information provided by the Government, up to October 2020, 72 port sector enterprises with 1,134 workers registered on the Ministry of Labour’s online platform. The Government also indicates that the General Directorate of Occupational Risks under the Ecuadorian Social Security Institute assesses, investigates and determines benefits concerning occupational accidents disease in the sector. It indicates in its 2019 report that it plans to hold working groups with the institutions involved in the maritime and port sector, and in the fishing and aquaculture sector, aimed at pursuing the development and preparation of the document on the occupational safety and health regulations for each sector. The Committee requests the Government to keep it informed of any development relating to the outcome of the discussions with actors in the port sector aimed at finalizing the occupational safety and health regulations of the sector. The Committee also requests the Government to continue providing detailed information on the application of the Convention, particularly a report on the use of the online platform to ensure the application of the provisions of the Convention regarding safety and health in ports. It requests the Government to provide information on the number of workers covered by the Convention, the number and nature of violations reported and the measures taken as a result, and the number and nature of occupational accidents and cases of occupational disease reported.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the information provided by the Government in its report with respect to the application of the following Articles of the Convention: Article 4(2)(d) and (g); Article 5(1); Article 7(1); Article 8; Article 9(2); Article 10; Article 11; Article 13(2) and (4); Article 17(2); Article 16(2); Article 18(1), (4) and (5); Article 19(2); Article 20(1), (2) and (4); Article 22(2) and (3); Article 29; Article 32(2) and (4); Article 34(3); Article 36(1) and (3); and Article 38(1) and (2).

Legislation. Technical assistance. Referring to its previous comments, in which the Committee noted the Government’s repeated indications that it planned to update existing standards on safety and health in dock work, and to request ILO technical assistance to that end, the Committee notes that the Government reiterates its intention to request the technical assistance of the Office. The Committee requests the Government to provide information on any legislative progress in relation to the Convention.

Article 1 of the Convention. Definition of dock work. The Committee notes that, according to the Government, the relevant legislation in force, that is, the Labour Code of 16 December 2005, the regulations on workers’ safety and health and improvement of the working environment issued under Decree No. 2393 of 19 November 1986, and the regulations on safety and health in dock work adopted under Resolution No. 360 of 13 November 1979, contain no definition of “dock work”, but that future relevant legislation will take into account the definition contained in the present Article of the Convention. The Committee emphasizes that, the Government’s attention to the fact that under Article 1 of the Convention, the term “dock work” covers all and any part of the work of loading or unloading any ship as well as any work incidental thereto; the definition of such work must be established by national law or practice. The Committee requests the Government to provide information on any measures adopted in law or practice to establish the definition of the work of loading or unloading any ship and incidental work, in consultation with the organizations of employers and workers concerned, and to provide information in this regard.

Article 4(1)(f). Establishing proper procedures to deal with any emergency situations. The Committee notes the provisions referred to by the Government in its report of Resolution No. 360 which established the adoption of the regulations on safety and health in dock work. The Committee notes that these provisions are general and that, in accordance with Article 4(3) of the Convention, the practical implementation of the requirements prescribed pursuant to Article 4(1) shall be ensured or assisted by technical standards or codes of practice approved by the competent authority. The Committee requests the Government to provide information on any measures adopted or envisaged to give effect to Article 4(1)(f).

Article 25(1), (2) and (3). Lifting appliances registers. Article 26. Mutual recognition. Article 27(2) and (3)(b) and (c). Functions of the competent authority with respect to lifting appliances. Article 28. Rigging plans. Article 31. Containers. Technical measures. The Committee notes that the provisions referred to by the Government in its report do not give effect to the present Articles of the Convention. The Committee requests the Government to provide information on the manner in which effect is given in law and practice to these Articles of the Convention, including on the consultations which have been held with the organizations of employers and workers concerned.

Article 41(a), (b) and (c). Institutional restructuring. Bodies concerned with dock work. Inspection. Penalties. The Committee notes the inspection reports provided by the Government in its report. The Committee noted in its previous comments the establishment of the Ministry of Transport and Public Works, which includes the Department of Ports and Maritime and River Transport, which will be responsible for the Merchant Marine and Coastal Directorate-General (DIGMER). The Committee once again requests the Government to provide detailed information on the obligations of the bodies concerned with dock work as set out in the Convention, and their functions and obligations relating to occupational safety and health, as established by Article 41(a) and the manner in which effect is given to Article 41(b) and (c) of the Convention.

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

Legislation. Technical assistance. In its previous comments, the Committee noted the Government’s repeated indications that it planned to update existing standards on safety and health in dock work, and to revise the Handbook of standards on safety and risk prevention for dockworkers. The Committee notes that, according to the latest report, there appears to be no plan to update the respective standards to give effect to the provisions of the Convention. Furthermore, the Government states that it is applying the Regulations on safety and health in dock work, which have not been updated since 1988. The Government indicates that it regrets that little progress has been made in this area, but for institutional reasons and its commitment to comply with international Conventions, and owing to the administrative changes that have occurred, ILO assistance would be appropriate to bring the existing legislation into line with the Convention. It adds that it will make a request for assistance through the Ministry of Industrial Relations. The Committee requests the Government to provide information on any legislative progress in relation to the Convention, as well as on technical assistance.

Information requested by the Committee on numerous Articles of the Convention and the preparation of reports. The Committee notes that the Government has not provided the information requested in its previous comments and that it states that in its previous reports it referred to each of the Articles of the Convention. The Committee recalls that the report submitted by the Government in 2009 did not contain the relevant information requested by the Committee and for that reason it reiterated its requests in 2010 and 2012, and that it is bound to repeat them once again in the present comment. The Committee again urges the Government to supply detailed information on the manner in which it currently ensures the application of the provisions of the Convention to which it has been referring since 1993, which are set out in detail in its direct request of 2005 and which cover the matters referred to in the following Articles of the Convention: Article 1; Article 4(1)(f) and (2)(d) in conjunction with Article 16(2) and Article 4(2)(g); Article 5(1); Article 7(1); Article 8; Article 9(2); Article 10; Article 11; Article 13(2) and (4); Article 17(2); Article 18(1),(4) and (5); Article 19(2); Article 20(1), (2) and (4); Article 22(2) and (3); Article 25(1), (2) and (3); Article 26; Article 27(2) and (3)(b) and (c); Articles 28, 29 and 31; Article 32(2) and (4); Article 34(3); Article 36 (1) and (3); and Article 38(1) and (2). The Committee requests the Government, when preparing its report, to make every effort to provide the specific information requested by the Committee in respect of the Articles and paragraphs of the Convention referred to above.

Article 41. Institutional restructuring. Bodies concerned with dock work. Inspection. Penalties. The Committee notes that, according to the report, in order to address the need to draw up a comprehensive transport policy, the Government created, by means of Executive Decree No. 8 of 15 January 2007, the Ministry of Transport and Public Works, which includes the Department of Ports and Maritime and River Transport, which will be responsible for the Merchant Marine and Coastal Directorate-General (DIGMER). The Committee thereby understands that the Ministry of Transport and Public Works is responsible for the application of legislation on occupational safety and health in dock work. Please provide information on the manner in which the Ministry ensures appropriate inspection services to supervise the application of the measures to be taken in pursuance of the Convention, or to satisfy itself that appropriate inspection is carried out, as well as on existing penalties, in accordance with Article 41(b) and (c).

Part V of the report form. Application in practice. Please give a general appreciation of the manner in which this Convention is applied in your country and attach extracts from the reports of the inspection services and information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, and on the number and nature of occupational accidents and diseases reported.

[The Government is asked to report in detail in 2015.]

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

In its observation of 2005 the Committee noted the Government’s repeated statement that it planned to update existing standards on safety and health in dock work; that the Handbook of Standards on Safety and Risk Prevention for Dockworkers was being revised; and that the Committee’s more specific comments had been forwarded to the Directorate-General of the Merchant Navy and that the Government was awaiting information. Moreover, further to the many comments made since 1993, the Committee urged the Government to take all the necessary steps to bring its national law and practice into line with the Convention. The Committee also requested information on the application of the Convention in practice. In its latest report the Government repeats that the National Council for the Merchant Navy and Docks will deal with the relevant subjects in order to bring the national legislation into line with the Convention. The Committee notes with regret that the Government’s report does not provide any information on the steps taken to bring its law and practice into line with the Convention; on the process of revision of the abovementioned handbook; on the various matters raised by the Committee for many years; or on the practical application of the Convention as requested by the Committee. The Committee also recalls that in its last observation it indicated to the Government that it had the possibility of availing itself of technical assistance from the Office in order to bring its legislation into line with the Convention and notes the Government’s statement in this regard that such a possibility was communicated to the competent authorities and that it would forward any available information in this respect to the Committee. The Committee again urges the Government to take all the necessary steps to bring its law and practice into line with the Convention, including the revision of the abovementioned Handbook, and to provide detailed information in this respect. The Committee also urges the Government to supply detailed information on the manner in which it currently ensures the application of the provisions of the Convention to which it has been referring since 1993, which are set out in detail in its direct request of 2005 and which cover matters referred to in the following articles of the Convention: Article 1; Article 4(1)(f) and (2)(d) in conjunction with Article 16(2) and Article 4(2)(g); Article 5(1); Article 7(1); Article 8; Article 9(2); Article 10; Article 11; Article 13(2) and (4); Article 17(2); Article 18(1), (4 )and (5); Article 19(2); Article 20(1), (2) and (4); Article 22(2) and (3); Article 25(1), (2) and (3); Article 26; Article 27(2) and (3)(b) and (c); Articles 28, 29 and 31; Article 32(2) and (4); Article 34(3); Article 36(1) and (3); and Article 38(1) and (2).

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

In its observation of 2005 the Committee noted the Government’s repeated statement that it planned to update existing standards on safety and health in dock work; that the Handbook of Standards on Safety and Risk Prevention for Dockworkers was being revised; and that the Committee’s more specific comments had been forwarded to the Directorate-General of the Merchant Navy and that the Government was awaiting information. Moreover, further to the many comments made since 1993, the Committee urged the Government to take all the necessary steps to bring its national law and practice into line with the Convention. The Committee also requested information on the application of the Convention in practice. In its latest report the Government repeats that the National Council for the Merchant Navy and Docks will deal with the relevant subjects in order to bring the national legislation into line with the Convention. The Committee notes with regret that the Government’s report does not provide any information on the steps taken to bring its law and practice into line with the Convention; on the process of revision of the abovementioned handbook; on the various matters raised by the Committee for many years; or on the practical application of the Convention as requested by the Committee. The Committee also recalls that in its last observation it indicated to the Government that it had the possibility of availing itself of technical assistance from the Office in order to bring its legislation into line with the Convention and notes the Government’s statement in this regard that such a possibility was communicated to the competent authorities and that it would forward any available information in this respect to the Committee. The Committee again urges the Government to take all the necessary steps to bring its law and practice into line with the Convention, including the revision of the abovementioned Handbook, and to provide detailed information in this respect. The Committee also urges the Government to supply detailed information on the manner in which it currently ensures the application of the provisions of the Convention to which it has been referring since 1993, which are set out in detail in its direct request of 2005 and which cover matters referred to in the following articles of the Convention: Article 1; Article 4(1)(f) and (2)(d) in conjunction with Article 16(2) and Article 4(2)(g); Article 5(1); Article 7(1); Article 8; Article 9(2); Article 10; Article 11; Article 13(2) and (4); Article 17(2); Article 18(1), (4 )and (5); Article 19(2); Article 20(1), (2) and (4); Article 22(2) and (3); Article 25(1), (2) and (3); Article 26; Article 27(2) and (3)(b) and (c); Articles 28, 29 and 31; Article 32(2) and (4); Article 34(3); Article 36(1) and (3); and Article 38(1) and (2).

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

The Committee notes with regret that, for several years, the Government’s report has contained no response to the Committee’s comments and that there have been no significant changes to report. The Committee notes the Government’s repeated statement that it plans to update existing standards on safety and health in dock work, that the Handbook of Standards on Safety and Risk Prevention for Dockworkers is being revised and that the Committee’s more specific comments have been forwarded to the directorate-general of the merchant navy and that the Government is awaiting information. Against this background and the numerous comments the Committee has been making since 1993, the Committee urges the Government to take all necessary action to bring its national law and practice into compliance with the Convention, to complete the revision of the Handbook of Standards on Safety and Risk Prevention for Dockworkers and to provide copies of all relevant legislation and other relevant texts as soon as they have been adopted.

Part V of the report form. Application in practice. The Committee requests the Government to provide 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 any other information that would enable the Committee to assess how the Convention is applied in practice. The Committee reminds the Government that it may avail itself of ILO technical assistance in aligning its legislation with the Convention and ensuring its application in practice.

[The Government is asked to reply in detail to the present comments in 2009.]

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

1. The Committee notes the information supplied in the Government’s report. It notes with regret that, according to the Government, there has been no change regarding the revision of the Handbook of Standards on Safety and Risk Prevention for Dockworkers. It takes this opportunity to draw the Government’s attention to the recently adopted ILO code of practice Safety and health in
ports (Geneva, 2005), which is available inter alia at the ILO web
site: http://www.ilo.org/public/english/protection/safework/cops/english/index.htm . In view of the foregoing, the Committee requests the Government to take the necessary steps without delay to complete the revision of the Handbook of Standards on Safety and Risk Prevention for Dockworkers and to provide a copy as soon as it is adopted, together with any relevant texts.

2. Article 26 of the Convention. Testing, thorough examination, inspection and certification of lifting appliances and items of loose gear. The Committee notes the Government’s statement that it plans to update existing standards on safety and health in dock work, that the Committee’s more specific comments have been forwarded to the Directorate-General of the merchant navy and that the Government is awaiting information. It requests the Government to confirm whether this is the case and, if so, to report on all developments and to provide copies of any relevant texts as soon as they are adopted. The Committee trusts that the Government will take into account the numerous comments the Committee has been making since 1993. It reminds the Government that it may avail itself of ILO technical assistance in aligning its legislation with the Convention and ensuring its application in practice.

3. Part V of the report form. Application in practice. The Committee requests the Government to provide 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 any other information that would enable the Committee to assess how the Convention is applied in practice.

[The Government is asked to reply in detail to the present comments in 2008.]

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee recalls that it noted with interest the information that the Government communicated in its first and second reports. The Committee then requested the Government to communicate additional information on a number of points connected with different articles of the Convention. The Committee, recalls its observation and requests the Government to communicate information on the following points with its next report.

Article 1 of the Convention. Please indicate the manner in which the employers’ and workers’ organizations concerned were consulted in establishing the definition of "dock work", contained in the Occupational Safety and Health Regulations and the Manual on Safety Standards and the Prevention of Risks for Dockworkers.

Article 4, paragraph 1(f). Please indicate the provisions establishing the proper procedures to deal with any emergency situation which may arise.

Article 4, paragraph 2(d) (in conjunction with Article 16, paragraph 2). Please indicate the provisions in force and the measures taken to ensure the safety of workers during transport on land.

Article 4, paragraph 2(g). Please indicate the measures taken or envisaged to ensure safety in the construction, maintenance and use of staging.

Article 5, paragraph 1. The Committee notes that national law contains provisions, to which the Government refers in its report, laying down the responsibility of employers and labour inspectors with respect to safety and health; it requests the Government to state the provisions governing the responsibility of ships’ masters, with respect to work undertaken on board, and of the department of safety of the port authorities in dock work.

Article 7, paragraph 1. Please describe the provisions under which the competent authority consults the organizations of employers and workers concerned in giving effect to the provisions of the Convention.

Article 8. Please indicate the provisions that provide for effective measures to be taken (by fencing, warning signs, cessation of work) to protect the workers any time that there is a risk of injury to health or safety in a workplace.

Article 9, paragraph 2. Please indicate the necessary measures for marking conspicuously and, if necessary, lighting adequately any obstacle liable to be dangerous to the movement of a lifting appliance, vehicle or person.

Article 10. Please indicate the national or local regulations that govern, pursuant to sections 189 and 196 of the Occupational Safety and Health Regulations and sections 302 and 309 of the Manual on Safety Standards and Prevention of Risks for Dockworkers, the construction and maintenance of surfaces used for the stacking of goods or materials.

Article 11. Given that section 44 of the Occupational Safety and Health Regulations, mentioned by the Government in its report, provides solely for a specific measure (prohibition on placing goods in such a way as to obstruct access to gangways and other access routes to ships, cranes and similar appliances), please indicate the general measures relating to passageways for the use of vehicles, cargo-handling appliances and pedestrians.

Article 13, paragraph 2. Please indicate the measures taken to ensure that the power supply to any machinery can be cut off promptly in an emergency.

Article 13, paragraph 4. Please indicate the provisions governing the designation of an authorized person for removing a guard or safety device or making it inoperative for the purpose of cleaning, adjustment or repair, or whenever necessary for the work which has to be undertaken.

Article 17, paragraph 2. Please indicate in which cases the means of access to holds are separate from hatchway openings.

Article 18, paragraph 1. Please indicate the provisions concerning conditions in which hatch covers or beams shall be used.

Article 18, paragraphs 4 and 5. Please indicate the provisions covering the designation of an authorized person for opening or closing power-operated hatch covers or other power-operated equipment, mentioned in paragraph 5.

Article 19, paragraph 2. Please indicate the provisions governing the appointment of a responsible person for the purposes mentioned in this paragraph.

Article 20, paragraph 1. The Committee notes that certain sections of the Occupational Safety and Health Regulations (for example, 155, 156 and 170) and of the Manual on Safety Standards and Prevention of Risks for Dockworkers (268, 269 and 283) contain provisions devoted to safety measures which must be taken in particular cases. The Committee requests the Government to indicate the provisions that require the necessary measures to be taken to ensure the safety of workers required to be in the holds or on the cargo decks of a ship while power vehicles are operating in or on them.

Article 20, paragraph 2. Please indicate the provisions which state that hatch covers or beams must be removed before loading or unloading operations take place.

Article 20, paragraph 4. Please indicate the provisions which lay down the means of evacuation of workers who are required to work in a bin or hopper on board ship.

Article 22, paragraphs 2 and 3. Please indicate the intervals at which shore-based lifting appliances, and lifting appliances forming part of a ship’s equipment, have to be retested.

Article 25, paragraph 1. Please indicate the provisions which provide that duly authenticated records as will provide prima facie evidence of the safe condition of the lifting appliances and items of loose gear concerned must be kept on shore or on the ship and must contain the information mentioned in this provision of the Convention.

Article 25, paragraphs 2 and 3. Please indicate the form in which the registers shall be kept in the ports and whether the latter contain certificates granted or recognized as valid by the competent authority, or certified true copies of the said certificates. Please supply samples of the registers and certificates.

Article 26. Please indicate the steps taken or planned to implement the provisions of this Article.

Article 27, paragraphs 2 and 3(b) and (c). Please indicate the measures which ensure the application of these provisions of the Convention.

Articles 28, 29 and 31. Please indicate the provisions which give effect to these provisions of the Convention.

Article 32, paragraph 2. The Committee has noted the reference to the Manual of Dangerous Cargo of the International Maritime Organization, made by the Government in its report. The Committee requests the Government to indicate the provisions which prescribe that dangerous substances shall be packed, marked and labelled before being handled, stored or stowed.

Article 32, paragraph 4. Please indicate the measures taken or planned to prevent the exposure of workers to oxygen-deficient atmospheres.

Article 34, paragraph 3. The Committee takes note of the provisions of sections 225-227 of the Occupational Safety and Health Regulations stating that personal protective equipment and protective clothing shall be properly maintained. It requests the Government to state the provision which requires that such maintenance shall be undertaken by the employer.

Article 36, paragraph 1. Please indicate the manner in which employers’ and workers’ organizations were consulted before adoption of the provisions which give effect to this paragraph.

Article 36, paragraph 1(b). Under section 256(b) of the Occupational Safety and Health Regulations, workers shall undergo a periodic medical examination at intervals deemed to be appropriate by the competent authority. The Committee requests the Government to indicate the interval which has been laid down by the competent authority.

Article 36, paragraph 3. Please indicate the measures which ensure the confidentiality of the records of medical examinations and special investigations.

Article 38, paragraph 1. The Committee notes the provisions of section 274 of the Occupational Safety and Health Regulations and section 417 of the Manual on Safety Standards and Prevention of Risks for Dockworkers, to which the Government refers in its report. It requests the Government to indicate the provisions which prohibit workers who have not received adequate instruction or training from being employed in dock work.

Article 38, paragraph 2. The Committee notes that, under section 139(e) of the Labour Code, loading and unloading of ships are included among the types of work which are prohibited for persons under 18 years of age. The Committee requests the Government to indicate the provisions which require necessary aptitudes and experience for the operation of lifting appliances and other cargo-handling appliances.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

The Committee noted with regret that, once again, the Government states that the Manual on Safety Standards and the Prevention of Risks for Dockworkers has not been amended and revision thereof is being considered in the context of the Inter-Agency Committee on Safety and Health. The Government states that the comments of the Committee will be taken into consideration in this context. The Committee recalls that the Government previously stated that it would be the Directorate of the Merchant Navy which would revise the regulations for the purpose of a complete revision of the abovementioned manual. Taking account of the fact that there has been a change in the institution to which the task of revising the manual has been assigned, the Committee regrets that the necessary action to avoid further delay to revision of the manual has not been taken and reiterates its hope that the Government will be able to eliminate all the delays which have prevented revision of the instrument which should give effect to the provisions of the Convention.

The Committee requests that the Government, when undertaking the abovementioned examination of the manual, take into account the detailed comments contained in a request which it is addressing directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee recalls that it noted with interest the information that the Government communicated in its first and second reports. The Committee then requested the Government to communicate additional information on a number of points connected with different articles of the Convention. The Committee, recalls its observation and requests the Government to communicate information on the following points with its next report.

Article 1 of the Convention. Please indicate the manner in which the employers’ and workers’ organizations concerned were consulted in establishing the definition of "dock work", contained in the Occupational Safety and Health Regulations and the Manual on Safety Standards and the Prevention of Risks for Dockworkers.

Article 4, paragraph 1(f). Please indicate the provisions establishing the proper procedures to deal with any emergency situation which may arise.

Article 4, paragraph 2(d) (in conjunction with Article 16, paragraph 2). Please indicate the provisions in force and the measures taken to ensure the safety of workers during transport on land.

Article 4, paragraph 2(g). Please indicate the measures taken or envisaged to ensure safety in the construction, maintenance and use of staging.

Article 5, paragraph 1. The Committee notes that national law contains provisions, to which the Government refers in its report, laying down the responsibility of employers and labour inspectors with respect to safety and health; it requests the Government to state the provisions governing the responsibility of ships’ masters, with respect to work undertaken on board, and of the department of safety of the port authorities in dock work.

Article 7, paragraph 1. Please describe the provisions under which the competent authority consults the organizations of employers and workers concerned in giving effect to the provisions of the Convention.

Article 8. Please indicate the provisions that provide for effective measures to be taken (by fencing, warning signs, cessation of work) to protect the workers any time that there is a risk of injury to health or safety in a workplace.

Article 9, paragraph 2. Please indicate the necessary measures for marking conspicuously and, if necessary, lighting adequately any obstacle liable to be dangerous to the movement of a lifting appliance, vehicle or person.

Article 10. Please indicate the national or local regulations that govern, pursuant to sections 189 and 196 of the Occupational Safety and Health Regulations and sections 302 and 309 of the Manual on Safety Standards and Prevention of Risks for Dockworkers, the construction and maintenance of surfaces used for the stacking of goods or materials.

Article 11. Given that section 44 of the Occupational Safety and Health Regulations, mentioned by the Government in its report, provides solely for a specific measure (prohibition on placing goods in such a way as to obstruct access to gangways and other access routes toships, cranes and similar appliances), please indicate the general measures relating to passageways for the use of vehicles, cargo-handling appliances and pedestrians.

Article 13, paragraph 2. Please indicate the measures taken to ensure that the power supply to any machinery can be cut off promptly in an emergency.

Article 13, paragraph 4. Please indicate the provisions governing the designation of an authorized person for removing a guard or safety device or making it inoperative for the purpose of cleaning, adjustment or repair, or whenever necessary for the work which has to be undertaken.

Article 17, paragraph 2. Please indicate in which cases the means of access to holds are separate from hatchway openings.

Article 18, paragraph 1. Please indicate the provisions concerning conditions in which hatch covers or beams shall be used.

Article 18, paragraphs 4 and 5. Please indicate the provisions covering the designation of an authorized person for opening or closing power-operated hatch covers or other power-operated equipment, mentioned in paragraph 5.

Article 19, paragraph 2. Please indicate the provisions governing the appointment of a responsible person for the purposes mentioned in this paragraph.

Article 20, paragraph 1. The Committee notes that certain sections of the Occupational Safety and Health Regulations (for example, 155, 156 and 170) and of the Manual on Safety Standards and Prevention of Risks for Dockworkers (268, 269 and 283) contain provisions devoted to safety measures which must be taken in particular cases. The Committee requests the Government to indicate the provisions that require the necessary measures to be taken to ensure the safety of workers required to be in the holds or on the cargo decks of a ship while power vehicles are operating in or on them.

Article 20, paragraph 2. Please indicate the provisions which state that hatch covers or beams must be removed before loading or unloading operations take place.

Article 20, paragraph 4. Please indicate the provisions which lay down the means of evacuation of workers who are required to work in a bin or hopper on board ship.

Article 22, paragraphs 2 and 3. Please indicate the intervals at which shore based lifting appliances, and lifting appliances forming part of a ship’s equipment, have to be retested.

Article 25, paragraph 1. Please indicate the provisions which provide that duly authenticated records as will provide prima facie evidence of the safe condition of the lifting appliances and items of loose gear concerned must be kept on shore or on the ship and must contain the information mentioned in this provision of the Convention.

Article 25, paragraphs 2 and 3. Please indicate the form in which the registers shall be kept in the ports and whether the latter contain certificates granted or recognized as valid by the competent authority, or certified true copies of the said certificates. Please supply samples of the registers and certificates.

Article 26. Please indicate the steps taken or planned to implement the provisions of this Article.

Article 27, paragraphs 2 and 3(b) and (c). Please indicate the measures which ensure the application of these provisions of the Convention.

Articles 28, 29 and 31. Please indicate the provisions which give effect to these provisions of the Convention.

Article 32, paragraph 2. The Committee has noted the reference to the Manual of Dangerous Cargo of the International Maritime Organization, made by the Government in its report. The Committee requests the Government to indicate the provisions which prescribe that dangerous substances shall be packed, marked and labelled before being handled, stored or stowed.

Article 32, paragraph 4. Please indicate the measures taken or planned to prevent the exposure of workers to oxygen-deficient atmospheres.

Article 34, paragraph 3. The Committee takes note of the provisions of sections 225-227 of the Occupational Safety and Health Regulations stating that personal protective equipment and protective clothing shall be properly maintained. It requests the Government to state the provision which requires that such maintenance shall be undertaken by the employer.

Article 36, paragraph 1. Please indicate the manner in which employers’ and workers’ organizations were consulted before adoption of the provisions which give effect to this paragraph.

Article 36, paragraph 1(b). Under section 256(b) of the Occupational Safety and Health Regulations, workers shall undergo a periodic medical examination at intervals deemed to be appropriate by the competent authority. The Committee requests the Government to indicate the interval which has been laid down by the competent authority.

Article 36, paragraph 3. Please indicate the measures which ensure the confidentiality of the records of medical examinations and special investigations.

Article 38, paragraph 1. The Committee notes the provisions of section 274 of the Occupational Safety and Health Regulations and section 417 of the Manual on Safety Standards and Prevention of Risks for Dockworkers, to which the Government refers in its report. It requests the Government to indicate the provisions which prohibit workers who have not received adequate instruction or training from being employed in dock work.

Article 38, paragraph 2. The Committee notes that, under section 139(e) of the Labour Code, loading and unloading of ships are included among the types of work which are prohibited for persons under 18 years of age. The Committee requests the Government to indicate the provisions which require necessary aptitudes and experience for the operation of lifting appliances and other cargo-handling appliances.

[The Government is asked to report in detail in 2003.]

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

The Committee notes the information which the Government communicated in its report.

The Committee notes with regret that, once again, the Government states that the Manual on Safety Standards and the Prevention of Risks for Dockworkers has not been amended and revision thereof is being considered in the context of the Inter-Agency Committee on Safety and Health. The Government states that the comments of the Committee will be taken into consideration in this context. The Committee recalls that the Government previously stated that it would be the Directorate of the Merchant Navy which would revise the regulations for the purpose of a complete revision of the abovementioned manual. Taking account of the fact that there has been a change in the institution to which the task of revising the manual has been assigned, the Committee regrets that the necessary action to avoid further delay to revision of the manual has not been taken and reiterates its hope that the Government will be able to eliminate all the delays which have prevented revision of the instrument which should give effect to the provisions of the Convention.

The Committee requests that the Government, when undertaking the abovementioned examination of the manual, take into account the detailed comments contained in a request which it is addressing directly to the Government.

[The Government is asked to report in detail in 2003.]

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee noted in earlier comments that the General Directorate of the Merchant Navy was planning to reform the occupational safety regulations applicable to ports and had undertaken to carry out a complete revision of the manual on safety standards and the prevention of risks to which port workers are exposed. The Committee notes with regret that the revision which was announced has not materialized, and the Government restricts itself to reiterating the information already communicated in its previous reports. Given that the texts to which the Government refers do not apply the provisions of the Convention, the Committee again trusts that the Government will adopt in the very near future the measures necessary to reform the text of the regulations and revise the manual on safety standards and the prevention of risks to which port workers are exposed, taking into account each of the comments made by the Committee of Experts in its direct request of 1993, so as to ensure application of the provisions of the Convention.

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

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 following matters raised in the previous direct request:

The Committee notes with interest that the General Directorate of the Merchant Navy is planning to reform the occupational safety regulations applicable to ports and has undertaken to carry out a complete revision of the manual on safety standards and the prevention of risks to which port workers are exposed, taking into consideration each of the comments made by the Committee, with a view to bringing the national legislation which is applicable in this respect into conformity with international standards.

The Committee requests the Government to supply copies of the revised regulations, when they have been adopted, and the revised text of the manual, and to indicate in its next report, for each of the provisions of the Convention, the corresponding measures which have been taken at the national level.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's latest report. It notes with interest that the General Directorate of the Merchant Navy is planning to reform the occupational safety regulations applicable to ports and has undertaken to carry out a complete revision of the manual on safety standards and the prevention of risks to which port workers are exposed, taking into consideration each of the comments made by the Committee, with a view to bringing the national legislation which is applicable in this respect into conformity with international standards.

The Committee requests the Government to supply copies of the revised regulations, when they have been adopted, and the revised text of the manual, and to indicate in its next report, for each of the provisions of the Convention, the corresponding measures which have been taken at the national level.

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

The Committee has noted with interest the information provided in the Government's first and second reports as well as the national legislation and regulations.

It requests the Government to supply further information on the following points:

Article 1 of the Convention. Please provide information on the manner in which the employers' and workers' organizations concerned were consulted in determining the meaning of the term "dock work" established in the provisions of the Occupational Safety and Health Regulations and the Manual of Standards on Safety and the Prevention of Hazards for Dock Workers in Ecuador.

Article 4, paragraph 1(f). Please indicate the provisions which establish the proper procedures to deal with any emergency situations which may arise.

Article 4, paragraph 2(d) (in relation to Article 16, paragraph 2). Please indicate the provisions in force and the measures prescribed to guarantee workers' safety with respect to land transport.

Article 4, paragraph 2(g). Please indicate the measures taken or envisaged to ensure safety in the construction, maintenance and use of staging.

Article 5, paragraph 1. The Committee notes that the national legislation to which the Government refers in its report establishes the responsibility of employers and labour inspectors with respect to safety and health. The Government is requested to indicate the provisions which establish the corresponding responsibility of ship masters with respect to work done on the ships themselves and of the Department of Safety of the Port Authority with respect to dock work.

Article 7, paragraph 1. Please indicate the measures taken to ensure that the competent authority consults the employers' and workers' organizations concerned in giving effect to the provisions of the Convention.

Article 8. Please indicate the provisions which ensure that technical measures (fencing, flagging, cessation of work) are taken to protect the workers in cases where the workplace has become unsafe.

Article 9, paragraph 2. Please indicate the measures which require the marking and, where necessary, adequate lighting of any obstacle liable to be dangerous to the movement of a lifting appliance, vehicle or person.

Article 10. Please indicate the provisions of any national or local regulations which ensure, in conformity with sections 189 and 196 of the Occupational Safety and Health Regulations, as well as sections 302 and 309 of the Manual on Standards for Safety and the Prevention of Hazards for Dock Workers in Ecuador, the construction and proper maintenance of surfaces used for stacking goods or materials.

Article 11. Given that section 44 of the Occupational Safety and Health Regulations mentioned by the Government in its report only provides very specific measures (access to gang-planks, to ships, to cranes and similar machinery), please indicate the general measures which aim at arranging passageways used by vehicles and cargo-handling appliances, and those for pedestrian use.

Article 13, paragraph 2. Please indicate the measures taken to ensure that the power to each machine can be promptly cut off in an emergency.

Article 13, paragraph 4. Please indicate the provisions governing the designation of an authorized person to remove any guard or safety device or make it inoperative for the purposes mentioned in this paragraph (cleaning, adjustment or repair).

Article 17, paragraph 2. Please indicate the cases in which the means of access to a ship's hold shall be separated, so far as is reasonably practicable, from the hatchway opening.

Article 18, paragraph 1. Please indicate the provisions concerning the conditions of use of hatch covers and beams.

Article 18, paragraphs 4 and 5. Please indicate the provisions governing the designation of an authorized person for opening and closing power-operated hatch covers and other power-operated ship's equipment set forth in paragraph 5.

Article 19, paragraph 2. Please indicate the provisions governing the designation of a responsible person for the purposes set forth in this paragraph.

Article 20, paragraph 1. The Committee notes that some sections of the Regulations (for example, sections 155, 156 and 170) and of the manual (for example, sections 268, 269 and 283) mentioned above include provisions governing safety measures to be taken in specific cases. It requests the Government to indicate any legislation or regulations prescribing that all necessary measures be taken to ensure the safety of workers required to be in the hold or on a cargo deck of a ship when power vehicles are being operated or unloading operations are taking place with the aid of power-operated appliances.

Article 20, paragraph 2. Please indicate the measures which prescribe that any hatch cover or beam that is not adequately secured against displacement shall be removed before loading or unloading takes place.

Article 20, paragraph 4. Please indicate the measures which prescribe safe means of escape for workers when required to work in a bin or hopper on board ship.

Article 22, paragraphs 2 and 3. Please indicate the intervals at which lifting appliances on dock and those forming a part of the ship's equipment are to be retested.

Article 25, paragraph 1. Please indicate the provisions which ensure that duly authenticated records evidencing prima facie the safe condition of lifting appliances and items of loose gear concerned are kept on shore or on the ship and that they contain the information set forth in this provision of the Convention.

Article 25, paragraphs 2 and 3. Please indicate the manner in which registers are kept in ports and whether they comprise the certificates granted or recognized as valid by the competent authority or certified true copies of such certificates. Please furnish, as samples, any copies of such records, registers or certificates.

Article 26. Please indicate the measures taken or envisaged to give effect to this Article of the Convention.

Article 27, paragraphs 2, 3(b) and 3(c). Please indicate the provisions which ensure the application of these provisions of the Convention.

Articles 28, 29 and 31. Please indicate the provisions which give effect to these Articles of the Convention.

Article 32, paragraph 2. The Committee has taken note of the reference made by the Government in its report to the manual on dangerous cargo of the Inter-governmental Maritime Consultative Organization (IMCO). It requests the Government to indicate the measures prescribing the packing, marking and labelling of dangerous substances before they may be handled, stored or stowed.

Article 32, paragraph 4. Please indicate the measures taken or envisaged to prevent the exposure of workers to oxygen-deficient atmoshpheres.

Article 34, paragraph 3. The Committee has noted the provisions of sections 225 and 227 of the Occupational Safety and Health Regulations which prescribe the appropriate measures for the proper maintenance of personal protective equipment and protective clothing. It requests the Government to specify the provision which ensures that the employer is responsible for their maintenance.

Article 36, paragraph 1. Please indicate the manner in which the employers' and workers' organizations concerned were consulted prior to the adoption of the provisions giving effect to this paragraph.

Article 36, paragraph 1(b). Given that the national regulations only refer to the competent authority responsible for indicating the maximum interval at which periodical medical examinations are to be carried out (section 256(b) of the Occupational Safety and Health Regulations), please indicate the interval which has been established in this respect.

Article 36, paragraph 3. Please indicate the measures taken to ensure the confidentiality of the records of the medical examinations and any special investigations.

Article 38, paragraph 1. The Committee has noted the provisions of section 74 of the Occupational Safety and Health Regulations and section 417 of the Manual of Standards on Safety and the Prevention of Hazards to which the Government refers in its report. It requests the Government to indicate the measures taken to prohibit the employment of workers in dock work unless they have been given adequate instruction or training.

Article 38, paragraph 2. The Committee notes that, according to section 139(e) of the Labour Code, the loading and unloading of ships is among the types of work in which persons under 18 years of age may not be employed. It requests the Government to indicate the measures which prescribe the aptitudes and experience necessary for operating lifting appliances or other cargo-handling appliances.