Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

Convention (n° 152) sur la sécurité et l'hygiène dans les manutentions portuaires, 1979 - Espagne (Ratification: 1982)

I. The Committee notes the information supplied by the Government in its latest report, in particular with regard to the safety and health measures applying to workers engaged in dock work in harbours (including interior navigation harbours) which are not considered as being "of general interest".

II. The Committee requests the Government to supply additional details on the following points which had been the subject of earlier comments.

1. Articles 1 and 2 of the Convention. The Committee notes the Government's indication in its latest report that the Convention itself applies to the work of loading or unloading certain ships - including fishing vessels of less than 100 tons gross weight - so as to ensure that this work is performed in safe conditions.

Since under Article 4(1)(a) of the Convention national law or regulations shall prescribe that measures complying with Part III of the Convention be taken with a view to providing and maintaining workplaces, equipment and methods of work that are safe and without risk of injury to health, the Committee requests the Government to indicate the provisions applying to the loading and unloading of the ships concerned which ensure that the work mentioned is performed in safe conditions.

2. Article 16(2). In its earlier comments the Committee had observed that the regulations respecting road traffic and the inspection of vehicles in general, to which the Government had referred in its comments for the period ending 30 June 1987, are not sufficient to give full effect to this provision of the Convention and it had asked the Government to indicate the means used for the transport of workers to and from a workplace and the safeguards provided for the safety during this transport.

The Government has stressed in its latest report the general nature of this provision of the Convention. The Committee requests the Government to specify in its next report whether all means used for the transport of workers to and from a workplace on land offer the required safeguards for their safety. It also requests the Government to supply copies of any laws or regulations which may apply to means used for the transport of workers in the country's harbours.

3. Article 25. The Committee notes with interest from the information supplied by the Government in its latest report that the national legislation will be amended in the sense of the Convention in conformity with the modification, at present under examination, of the EEC directive 89/655 of 30 November 1989. The Committee hopes that these amendments of the national legislation will be adopted in the near future and that the Government will supply copies of the amending texts as soon as they are adopted.

4. Referring to its earlier comments, the Committee also requests the Government to specify in its next report: (a) whether certificates providing prima facie evidence of the safe conditions of lifting appliances and of items of loose gear are established by authorized persons; and (b) whether a register of lifting appliances and loose gear must be kept in conformity with Article 25(2) and (3) of the Convention, account being taken of the model recommended by the ILO. The Government is requested to supply copies of the documents mentioned.

5. Article 31. The Committee notes the provisions of the Order of 31 July 1979 of the Ministry of Industry and Energy for the application of the international Convention on the safety of containers, appended to the Government's latest report. It notes, however, that this text does not include provisions givening effect to Article 31 of the Convention. The Committee requests the Government to indicate the measures taken to ensure that the freight container terminals be laid out and operated in such a manner as to ensure, so far as is reasonably practicable, the safety of workers; and to indicate the means provided for ensuring the safety of workers lashing or unlashing the containers on the carrier ships.

6. The Committee again requests the Government to supply relevant extracts of the regulations on the internal organization of Spanish ports, referred to by the Government in its report for the period ending 30 June 1987.