Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) - Argentina (Ratification: 1950)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the observations of the Confederation of Labour of the Argentine Republic (CGT RA) and the Industrial Confederation of Argentina (UIA), received on 1 September 2023, relating to the application of the Convention in practice.

Articles 8, 13(2), 14 and 18 of the Convention. Specific legislation on the protection of dockworkers against accidents. The Committee recalls that, for over 20 years, it has been requesting the Government to take specific measures to give effect to the requirements of these Articles of the Convention. The Committee notes with regret that the Government does not provide information on measures taken to this end, despite the time that has passed. The Committee considers that the full application of the Convention requires the adoption of specific measures on dock work, focused on the prevention of occupational risk and, in this case, with respect to Articles: 8 (the measures of security for hatch coverings and beams used for hatch coverings); 13(2) (the rescue of immersed workers from drowning); 14 (prohibiting the removal of or interference with any fencing, gangway, gear, ladders, etc.); and 18 (agreements of reciprocity). Therefore, the Committee firmly hopes that the Government will provide detailed information on the measures taken or envisaged, in consultation with the social partners, to give effect to Articles 8, 13(2), 14 and 18 of the Convention.

Application of the Convention in practice. The Committee notes that the CGT RA indicates that, with regard to safety and health in docks, the Office of the Superintendent on Occupational Risks published a technical note on the loading and unloading of barges (2021), containing recommendations and good practices on prevention, intended to contribute to the minimum safety conditions that must be observed by workers who operate the grain barges during the loading and unloading processes in docks. In addition, the CGT RA states that the Argentine Port Council, within the framework of the first national workshop on safety and environment in ports (2021), drew attention to the need to regulate safety and health matters in docks through a regulation on safety and health of dockworkers in Argentina, which includes the introduction of joint committees in all ports, the improvement of port facilities, the possibility of developing a protocol on port hazards to reduce occupational accidents and the dissemination of environmental standards in each port. The CGT RA also indicates that the fact that labour inspection responsibilities are carried out by a wide variety of bodies, concessions and consortiums generates a dispersion of responsibilities, which caused a fatal accident in the port of Rosario in May 2023. The CGT RA highlights that, following the death of the dockworker, the Union of United Mar Del Plata Dockworkers (SUPA) reported the precariousness of safety standards in docks, referred to two previous fatal accidents, stated that several docks had been closed due to previous complaints, suspended port operations and announced the opening of legal proceedings against an enterprise in the port of Rosario. The enterprise claimed in its defence that, according to the terms of its concession, it was not responsible for making the necessary investments in the port. The Committee notes, however, the Government’s information that no specific violations of the Convention have been registered. The Committee also notes the 2022 annual report on occupational accidents of the Office of the Superintendent on Occupational Risks, and notes the data relating to manual loading, showing 1,377 accidents reported, of which 1,324 resulted in days off work and disability, and two were fatal. The Committee requests the Government to clarify whether the manual loading services mentioned in the 2022 annual report on occupational accidentsof the Office of the Superintendent on Occupational Risks refer only to handling in docks or whether they include manual loading in other transport sectors. Taking into account the allegations of the CGT RA on the dispersion of responsibilities for ensuring safety and health in ports, and the relatively high number of accidents reported annually in the report of the Office of the Superintendent on Occupational Risks, the Committee requests the Government to provide information on the measures taken or envisaged to prevent accidents from occurring during work performed on shore or on board ship in the loading or unloading of any ship engaged in maritime or inland navigation, as required by the Convention. The Committee also invites the Government to provide information on any follow-up given to the recommendations of the Argentine Port Council relating to the adoption of the regulation on safety and health of dockworkers in Argentina, as well as on any other regulation for the sector.

Prospects for the ratification of the most up-to-date Convention. The Committee takes this opportunity to encourage the Government to follow up on the decision adopted by the Governing Body at its 328th Session (October–November 2016), in which the recommendations of the Standards Review Mechanism Tripartite Working Group were adopted, and to consider the possibility of ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which is the most up-to-date instrument in this area. The Committee requests the Government to provide information on measures taken in this respect.

The Committee noted information supplied by the following State in an answer to a direct request: Tajikistan.

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

The Committee notes the Government’s indication that, since there are no new provisions relating to the subject in question, reference should be made to information contained in previous reports. The Committee notes that the Government has not supplied the information requested in its previous observation. The Committee is therefore bound to repeat its previous comments on the application of the Convention, which read as follows:

Repetition

The Committee notes the information contained in the Government’s report. It also notes that the provisions of Article 8 of the Convention, Safety measures regarding hatch coverings and beams used for hatch coverings; Article 13, paragraph 2, Rescue measures in the event of workers falling into the water; Article 14, Prohibition against removing or interfering with fencing, gangways, gear, ladders, etc.; and Article 18, Reciprocal arrangements, are still not covered by specific regulations as required by the Convention. The Committee hopes that the Government will adopt the necessary measures in the near future.

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

1. The Committee notes the information contained in the Government’s report. It also notes that the provisions of Article 8 of the Convention, Safety measures regarding hatch coverings and beams used for hatch coverings; Article 13, paragraph 2, Rescue measures in the event of workers falling into the water; Article 14, Prohibition against removing or interfering with fencing, gangways, gear, ladders, etc.; and Article 18, Reciprocal arrangements, are still not covered by specific regulations as required by the Convention. The Committee hopes that the Government will adopt the necessary measures in the near future.

2. The Committee takes this opportunity to remind the Government that the ILO Governing Body invited the parties to Convention No. 32 to consider the ratification of the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which revises Convention No. 32 (Document GB.268/LILS/5(Rev.1), paragraphs 99–101). Such ratification would automatically entail the immediate denunciation of Convention No. 32. The Committee would also like to draw to the Government’s attention the code of practice recently adopted by the ILO, entitled Safety and health in ports (Geneva, 2005). This code of practice is available on the ILO web site at the following address: http://www.ilo.org/public/english/
protection/safework/cops/english/index.htm. The Government is asked to keep the Committee informed of all progress made in this area.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the Government’s replies to its previous comments that the requirements of Article 8 of the Convention (the measures of security for hatch coverings and beams used for hatch coverings), Article 13, paragraph 2 (the rescue of immersed workers from drowning), Article 14 (prohibiting the removal of or interference with any fencing, gangway, gear, ladders, etc.), and Article 18 (agreements of reciprocity) were not provided for or were only provided for in general terms in Decree No. 351/79. The Committee would like to point out that specific measures have to be taken to provide for the requirements of these Articles of the Convention under national legislation. It trusts the Government will take the necessary measures soon and thus give effect to these provisions of the Convention.

2. The Committee notes the Government’s reply to its previous comments regarding the two denunciations submitted to the National Department of Health and Safety at Work by the Union of Maritime Workers of Argentina, alleging violations of Act No. 19587 and imposition of excessively long working days by the Argentinian Port Enterprise. It notes the information that a visit made by the labour inspectorate revealed that there was neither a reference to the tonnage of goods handled nor to the observance of occupational safety and health safety standards, and that the length of the working days were legal. The Government report indicates that the Union was invited to take note of these findings. Upon its failure to do so, the matter was classified. The Union had also alleged that only 39 stevedores were engaged and that personnel aged between 18 and 23 years were engaged, and 12 hours of work per day were imposed. Following visits made by the labour inspectorate, the enterprise was found to be in order in respect to all its personnel. The matter was classified after the Union failed to respond to an invitation to take note of these findings.

3. Further to its previous comments, the Committee notes the information that no procedures had commenced with a view to ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152).

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

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

1. In response to the Committee’s previous comments, the Government’s report refers to the provisions of Act No. 19857 respecting health and safety at work and Regulation No. 351/79, as well as Act No. 24557 respecting danger in the workplace. The Government states that whilst the legislation in force includes general points which refer to access, fencing, gangways, chains, motors and cranes, there are no specific standards concerning activities in ports. Under these circumstances, the Committee would be grateful if the Government would provide a detailed report to enable it to examine, for each of the Articles of the Convention, the information required by the report form, in particular the information concerning the following Articles of the Convention: Article 8 (the measures of security for hatch coverings and beams used for hatch coverings), Article 14 (prohibiting the removal of or interference with any fencing, gangway, gear, ladders, etc.), Article 13, paragraph 2 (the rescue of immersed workers from drowning), and Article 18 (agreements of reciprocity).

2. The Committee had noted that the Union of Maritime Workers of Argentina had submitted two denunciations (Cases Nos. 1005531 and 1005537, 1995) to the National Department of Health and Safety at Work in respect of accidents which had occurred in the ports of Argentina. The Committee would be grateful if the Government would inform it of the results of the procedures adopted for the organization of the above workers as well as the measures taken to resolve the issues raised. Please also provide general information in respect of the application of the Convention as required under Part V of the report form.

3. Finally, the Committee wishes to recall to the Government the request formulated by the Governing Body of the member States of the Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32), to examine the proposal to ratify the Occupational Safety and Health (Dock Work) Convention, 1979, (No. 152), whose ratification implies, ipso jure, the immediate denunciation of Convention No. 32 (see document GB.268/8/2, paragraphs 99-101). Please provide information in the next report in respect of the procedures which have been envisaged for the eventual ratification of Convention No. 152.

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

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. In response to the Committee's previous comments, the Government's report refers to the provisions of Act No. 19857 respecting health and safety at work and Regulation No. 351/79, as well as Act No. 24557 respecting danger in the workplace. The Government states that whilst the legislation in force includes general points which refer to access, fencing, gangways, chains, motors and cranes, there are no specific standards concerning activities in ports. Under these circumstances, the Committee would be grateful if the Government would provide a detailed report to enable it to examine, for each of the Articles of the Convention, the information required by the report form, in particular the information concerning the following Articles of the Convention: Article 8 (the measures of security for hatch coverings and beams used for hatch coverings), Article 14 (prohibiting the removal of or interference with any fencing, gangway, gear, ladders, etc.) Article 13, paragraph 2 (the rescue of immersed workers from drowning), and Article 18 (agreements of reciprocity).

2. The Committee had noted that the Union of Maritime Workers of Argentina had submitted two denunciations (Cases Nos. 1005531 and 1005537, 1995) to the National Department of Health and Safety at Work in respect of accidents which had occurred in the ports of Argentina. The Committee would be grateful if the Government would inform it of the results of the procedures adopted for the organization of the above workers as well as the measures taken to resolve the issues raised. Please also provide general information in respect of the application of the Convention as required under point V of the report form.

3. Finally, the Committee wishes to recall to the Government the request formulated by the Governing Body of the member States of the Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32), to examine the proposal to ratify the Occupational Safety and Health (Dock Work) Convention, 1979, (No. 152), whose ratification implies, ipso jure, the immediate denunciation of Convention No. 32 (see document GB.268/8/2, paragraphs 99-101). Please provide information in the next report in respect of the procedures which have been envisaged for the eventual ratification of Convention No. 152.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the communication of the Union of United Argentine Dock Workers. It is alleged in this communication that in terminals where loading and unloading operations take place, lorries, containers, etc. circulate in very cramped operating space which is crowded with containers resulting in a high number of accidents, mutilations and possible death for workers. In the absence of a reply from the Government, the Committee requests the Government to indicate the measures taken or envisaged for the purpose of ensuring effective application of the Convention for protection of workers against accidents in the ports of Argentina.

With regard to some provisions of the Convention, the Committee refers to the comments made in a direct request to the Government in 1993.

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

The Committee notes the information supplied by the Government in its last report to the effect that the Government has entered into consultations with the competent technical bodies with respect to the points raised in the previous direct request. The Government states that it is its intention to supply the requested information as soon as it has received it from these technical bodies. The Committee hopes that the Government will be able to supply this information in the near future. The Committee once again draws the Government's attention to the following points:

Article 8 of the Convention. In its report for the period ending 30 June 1987, the Government referred to the application of this provision through section 20 of Act No. 21429 of 29 September 1976 approving the Provisional Regulations on Dock Work, which provide that it is the members of the crew who must fit the hatch coverings. In view of the fact that the above provision of the Convention deals with the safety devices with which both hatch coverings and beams used for hatch coverings must be fitted, the Government is requested to indicate the national regulations which give effect to the above Article of the Convention.

Article 14. The Committee notes, from the report for the period ending 30 June 1987, that it is the Argentine Naval Superintendent's Office which is responsible for supervising the application of the national legislation and it requests the Government to indicate whether there is a provision in the national regulations which prohibits the removal or interference with any fencing, gangway, gear, ladders, etc., in accordance with this Article of the Convention.

Furthermore, the Committee once again requests the Government to state: (a) whether the essential means of furnishing first aid without delay in the event of accidents, provided for by section 21 of Decree No. 351, include appropriate provision at docks, wharfs, quays and similar places for the rescue of immersed workers from drowning, in accordance with Article 13, paragraph 2; and (b) whether reciprocal arrangements have been entered into with other countries that have ratified the Convention, in accordance with Article 18 of the Convention.

The Committee also hopes, as it has done in its previous comments, that the Government will not fail to provide information on the practical application of the Convention, as called for by point V of the report form for this Convention.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

1. The Committee has taken note of the reply of the Government in response to its previous comments and of the information concerning the application of the following Articles of the Convention: Article 6; Article 9, paragraph 2, subparagraphs (4) and (9); Article 11, paragraphs 2 and 4.

2. As regards the other points of these comments, the Committee would like to draw attention to the following:

Article 8 of the Convention. With respect to the application of this provision, the Government refers to article 20 of Act No. 21429 of 29 September 1976 approving Provisional Regulation on Dock Work, which provides that it is the members of the crew who must fit the hatch coverings. Since the above-mentioned provision of the Convention deals with safety measures with which hatch coverings as well as beams used for hatch coverings must be fitted, please indicate which provisions of national laws or regulations give effect to the above-mentioned Article of the Convention.

Article 4. The Committee notes that, according to the report, it is the Naval Superintendent's Office of the country which is responsible for supervising the application of the provisions of national legislation and requests the Government to indicate whether there is a provision in the national regulations which prohibit the removal or interference with any fencing, gangway, gear, ladder, etc., in accordance with this Article of the Convention.

3. In addition, the Committee again requests the Government to state (a) whether the essential means of furnishing first aid without delay in the event of accidents, provided for by section 21 of Decree No. 351, include appropriate provision at docks, wharfs, quays and similar places for the rescue of immersed workers from drowning, in accordance with Article 13, paragraph 2, of the Convention; (b) whether reciprocal arrangements have been entered into with other countries that have ratified the Convention, in accordance with Article 18 of the Convention.

4. The Committee also hopes - as it has done in its previous comments - that the Government will not fail to provide information on the practical application of the Convention as called for by point V of the report form.