Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

Convention (n° 134) sur la prévention des accidents (gens de mer), 1970 - Terres australes et antarctiques françaises

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

The Committee notes the observation of the French Democratic Federation of Labour (CFDT), communicated by the Government in October 1996, to the effect that national legislation does not comply with a number of the provisions of international labour Conventions, including Convention No. 134. It notes that this observation does not indicate precisely the provisions which are not in conformity with the Convention.

The Committee notes the Government's statement to the effect that since Act No. 83-581 of 5 July 1983 relating to the protection of human life at sea, lodging on board ship and the prevention of pollution applies to all vessels registered in the French Republic, which includes the French Southern and Antarctic Territories (TAAF), there is therefore no difference in treatment between vessels registered in metropolitan France, in an overseas department, in the territorial community of Saint Pierre and Miquelon, in an overseas territory or in the French Southern and Antarctic Territories in regard to the application of this instrument and the regulations based on it. It requests the Government to refer to its general observation.

The Committee requests the Government to provide detailed information indicating the manner in which the Convention is applied to seafarers engaged on vessels registered in the TAAF, indicating in particular the measures taken to ensure that:

- all occupational accidents to seafarers are reported, comprehensive statistics of such accidents are kept and analysed, and accidents resulting in loss of life or serious personal injury are investigated (Article 2 of the Convention);

- research is undertaken into general trends in occupational accidents to seafarers and the particular hazards of maritime employment (Article 3);

- provisions concerning the prevention of accidents to seafarers are laid down by laws or other means containing references to any general provisions applicable to the work of seafarers and, in particular, to the structural features of ships, machinery, special safety measures on and below deck, loading and unloading equipment, fire prevention, anchors, chains and lines, dangerous cargo and ballast, and personal protective equipment (Article 4);

- the provisions concerning the prevention of occupational accidents to seafarers specify clearly the obligation on shipowners, seafarers and others concerned to comply with them (Article 5);

- the proper application of measures to prevent accidents to seafarers is ensured by means of adequate inspection or otherwise and copies or summaries of the relevant provisions are brought to the attention of seafarers (Article 6);

- provision shall be made for the appointment of a suitable person or suitable persons or of a suitable committee responsible, under the Master, for accident prevention (Article 7);

- programmes for the prevention of occupational accidents to seafarers are established and implemented with the participation of shipowners, seafarers or their representatives, and joint accident prevention committees or ad hoc working parties are established (Article 8);

- the necessary instructions concerning particular hazards of maritime employment are brought to the attention of all seafarers (Article 9).

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

[The Government is asked to report in detail in 1999.]