Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Norway (Ratification: 1980)

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

The Committee notes the observations of the Norwegian Confederation of Trade Unions (LO) on the application of the Convention, submitted with the Government’s report.

Article 38 of the Convention. Training of workers. The Committee notes the LO’s indications that the training of workers, which was previously the subject of clauses contained in the collective agreement applicable to the sector, is no longer included in the new collective agreement for ports and terminals. The Committeerequests the Government to provide information on the manner in which, in practice, it is ensured that workers employed in dock work receive adequate instruction or trainingas to the potential risks attached to the work and the main precautions to be taken, in accordance with the requirements of the Convention.

Statistical data. The Committee notes the detailed statistical information provided by the Government concerning workers in enterprises registered under NACE industrial code NACE 52.221, which corresponds to the operation of installations in terminals such as ports and piers. The Government indicates that these statistics do not include all cargo-handling operations and that the Norwegian labour inspectorate does not have data disaggregated by type of work that would enable it to extract data pertaining specifically to dock work. The Committee requests the Government to continue to provide statistical data and to consider, where appropriate, the possibility of collecting specific information on dock work.

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

Further to its previous comments, the Committee notes the information contained in the Government’s report. It notes in particular the information concerning the application of Article 36, paragraph 1(a), (b) and (c), of the Convention, that while there is no requirement that all employees have to undergo a medical examination, employees particularly exposed to influences in the working environment are required to undergo a first-time examination or periodic examinations, or both. The Government further indicates that the Working Environment Act contains a number of provisions requiring the employer to ensure that workers’ health is subject to periodic/targeted examinations. It also indicates that these provisions apply to diving, work involving asbestos and work involving anaesthetic gases.

Article 21(b). The Committee notes that the Government’s report does not contain replies to its previous comments. The Committee recalls that it had noted from the Government’s earlier report that Order No. 527 of 10 November 1999, which replaced Order No. 133 of 23 March 1956, does not contain provisions on lifting appliances and loose gear, and that the only regulation on machinery (Order No. 522 of 19 September 1994) sets requirements as to the design of dock cranes and lifting appliances and it is aimed at manufacturers, importers etc., of machines, and not at the users. In its previous comments, the Committee had recalled the requirements of Article 21(b) that every lifting appliance, every item of loose gear and every sling or lifting device forming part of a load shall be used in a safe and proper manner, and, in particular, shall not be loaded beyond its safe working load or loads. The Government is requested again to indicate the measures adopted or envisaged to give effect to this Article of the Convention.

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

The Committee notes the information supplied in the Government's report.

Article 21(b). Further to its previous comments, the Committee notes from the Government's report that the new regulation (Order No. 527 of 10.11.94) replacing Order No. 133 of 23.03.56 does not contain provisions on lifting appliances and loose gear, that the only regulation on machinery (Order No. 522 of 19.08.94) sets requirements as to the design of dock cranes and lifting appliances and is aimed at manufacturers, importers, etc., of machines.

The Committee recalls that, in accordance with Article 21(b) of the Convention, every lifting appliance, every item of loose gear and every sling or lifting device forming an integral part of a load shall be used in a safe and proper manner and, in particular, shall not be loaded beyond its safe working load or loads. The Government is requested to indicate measures adopted in order to give effect to the mentioned provision of the Convention.

Article 36, paragraph 1(a), (b) and (c). The Committee notes, from the Government's report, that no provisions have been laid down to fully implement this Article of the Convention and that, however, in accordance with section 6 of Order No. 518, the employer shall ensure that the safety and health personnel monitor and check employees' health in relation to the work situation and perform the necessary follow-up. The Committee hopes that it would be indicated in the future, by national regulation or other appropriate method consistent with national practice and conditions, and after consultation with the organizations of employers and workers concerned, that (i) the monitoring of employees' health envisaged under above-mentioned provision of Order No. 518 should be carried out in the form of an initial medical examination or a periodical medical examination subject to risks inherent in the work (paragraph 1(a)); (ii) periodical medical examinations would be carried out at the prescribed intervals subject to the nature and degree of the risks (paragraph 1(b)); (iii) special investigations should be carried out in the case of workers exposed to special occupational health hazards (paragraph 1(c)). The Government is requested to indicate any progress in this matter.

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

The Committee notes the information supplied by the Government in its last report. It asks the Government to supply additional information on the following points.

Article 21(b). The Committee notes from the information provided by the Government in reply to its previous direct request that the review of Order No. 133(a) of 23 March 1956 (as amended up to 1985) is in process and will be concluded in the near future. The Committee hopes that, in accordance with Article 21(b) of the Convention, the overloading of hoisting machinery will be authorized only for the purpose of regular tests, and that the Government will be able to provide a copy of the amended text with its next report.

Article 36, paragraph 1(a), (b) and (c). The Committee notes that in reply to its previous direct request the Government refers to the regulations adopted by the Directorate of Labour Inspection which provide that certain categories of enterprises, including enterprises engaging in loading and unloading, are required to have staff medical services. The Government again states that no decision has yet been taken as to the frequency of periodical medical examinations. The Committee recalls that, in accordance with Article 36, paragraph 1(a), (b) and (c), of the Convention, it is necessary to determine by national laws or regulations or other appropriate methods: (a) for which risks inherent in the work there is to be an initial medical examination or a periodical medical examination, or both; (b) the maximum intervals at which periodical medical examinations are to be carried out; (c) the range of special examinations deemed necessary in the case of workers exposed to special occupational health hazards. The Committee hopes that the necessary measures will be taken to ensure that effect is given to these provisions and that the Government will be able to provide the texts adopted for this purpose in its next report.

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

1. The Committee takes note of the Government's reply to its previous direct request and notes the information concerning the application of Articles 8, 10, 12, 16, 27, 29, 30, 32, paragraph 3, and 42 of the Convention.

2. With regard to the other points raised in the above request, the Committee wishes to point out the following:

Article 21(b). The Committee noted that, under section 14 of Order No. 133(a) of 23 March 1956 (as amended up to 1985), hoisting machinery may be overloaded in special cases under the supervision and command of a competent person, whereas under the above provision of the Convention, such overloading is only authorised, in the same conditions, for testing purposes in accordance with the regulations. The Committee therefore requested the Government to state the measures taken or contemplated to give full effect to this provision of the Convention. The Government states in its report that the above Order is currently being revised and that particular attention will be paid to the comments made on this point. The Committee takes note of this statement and hopes that the next report will indicate the progress made in this respect.

Article 28. In reply to the Committee's request concerning the provisions giving effect to this Article of the Convention, which provides that every ship shall carry rigging plans and any other relevant information necessary to permit the safe rigging of its derricks and accessory gear, the Government refers to regulations administered by the Maritime Directorate. The Committe would be grateful if the Government would specify the regulations in question and provide a text of them with its next report.

Article 36, paragraph 1(a), (b) and (c). The Committee notes the information contained in the report concerning the organisation of industrial health services in the various enterprises, and of the co-operation in this field of the working environment committees established under the 1977 Act respecting workers' protection and the working environment. It also notes with interest that revised provisions concerning medical examinations for crane drivers (including eye examinations) have been included as appendices to Orders Nos. 133 and 291. The Committee also notes that, in addition to the above texts, Order No. 380 concerning industrial health services, and Order No. 401, which defines the role of labour inspectors in the running of these services, are regularly revised and are also applicable to dockworkers. The Committee hopes that in a future revision of these texts it will be possible to take account formally of the above provisions of the Convention, which provide that member States must determine, by national laws or regulations or other appropriate methods: (a) for which risks inherent in the work there is to be an initial medical examination or a periodical medical examination, or both; (b) the maximum intervals at which periodical medical examinations are to be carried out; and (c) the range of special investigations deemed necessary in the case of workers exposed to special hazards.