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

Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Cuba (Ratification: 1982)

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).

Article 32(3) of the Convention. Handling of dangerous substances. In its previous comment, the Committee requested the Government to indicate the paragraphs of the annex to Resolution No. 39 of the Ministry of Labour and Social Security, dated 29 June 2007, issuing the security measures to be taken in the event of an accident and the plans for emergencies, evacuation and the repair of breakdowns, to which reference is made in the report. The Committee notes the Government’s indication that the Labour Code (Act No. 116-2013) regulates the employer’s obligation to adopt measures to ensure safe and hygienic working conditions, as well as the prevention of occupational accidents, occupational diseases, fires, breakdowns or other damages that may affect the health of workers and the working environment. It also indicates that the Labour Code Regulations (Decree No. 326-2014) set out that the employer must instruct workers in handling emergencies and breakdowns. In addition, the Government indicates that Chapter V of Decree-Law No. 309-2013 on Chemical Safety regulates prevention and response to chemical emergencies. The Committee notes, however, that these regulations do not include explicit provisions ensuring that, if receptacles or containers of dangerous substances are broken or damaged to a dangerous extent, dock work shall be stopped and the workers removed to a safe place. The Committee notes however, that the national occupational safety and health standard, NC 229-2014 (Hazardous chemicals: risk reduction measures), was issued. The Committee once again requests the Government to indicate the specific provisions of the above texts, or the applicable legislation, regulating the stoppage of port work and the removal of the workers to a safe place in the event that receptacles or containers of dangerous substances are broken or damaged to a dangerous extent. The Committee also requests the Government to communicate a copy of standard NC 229-2014, as well as any relevant text in this respect.

Article 16. Transport of workers by water or on land to and from a ship or other place; Article 17. Access to a ship’s hold or cargo deck; Article 18(2) and (4). Hatch covers; Article 26. Mutual recognition; Article 28. Riggings plans; Article 31(1). Safe operation of freight terminals; and Article 32(1) and (2). Marking of dangerous cargo. In its previous comment, the Committee noted the Government’s indication that work was being carried out to update and improve the legal provisions in the port sector, and requested it to take the necessary measures to give expression in the legislation to these provisions of the Convention and provide information on this subject. Given the lack of information in this respect, the Committee hopes that the Government will adopt, as soon as possible, the updated legislation applicable to the port sector, in conformity with the Convention. It also requests it to continue providing information on any developments on this matter.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that in 2016 the National Labour Inspection Office carried out 23 full inspections in establishments run by the dock and maritime transport business group, detected 14 violations related to occupational safety and health and applied the measures established in the Labour Code and its Regulations. In addition, it indicates that there were no fatal accidents in the port sector. The Government adds that the Labour Code requires establishments to formulate regulations on practical procedures for the identification, evaluation and monitoring of occupational risks. The Committee requests the Government to continue providing updated information on the application of the Convention in practice, in particular information on the number of workers covered by the Convention, the number and nature of the violations identified, and the measures taken in this respect. Recalling the Government’s reference, in its previous reports, to Resolution No. 31 of 31 July 2002, the Committee requests the Government to provide, where relevant, information on the manner in which the general practical procedures for identifying, evaluating and monitoring occupational risk factors are applied to dock work.