Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

Convention (n° 152) sur la sécurité et l'hygiène dans les manutentions portuaires, 1979 - France (Ratification: 1985)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information concerning application of Articles 4, paragraphs 1(f), and 2(s) (appropriate procedures to deal with any emergency situations which may arise; notification and investigation of occupational accidents and diseases); 6, paragraph 1(a) and (b) (workers’ participation in safety measures); 16, paragraph 2 (safe means of transport when workers have to be transported to or from a workplace on land); 22, paragraphs 1 and 4 (testing of every lifting appliance and every item of loose gear before being put into use for the first time); 24 (inspection of loose gear); 36, paragraphs 1 and 2 (periodical and special medical examinations, their nature and cost) and 38, paragraph 2 (age, aptitude and experience of workers handling a lifting appliance) of the Convention.

1. The Committee requests the Government to supply supplementary information on the following points:

Article 5, paragraph 2. In its previous comments, the Committee requested the Government to indicate in detail the legislative or other provisions ensuring collaboration between two or more employers undertaking activities simultaneously at the same workplace with a view to applying the measures provided in Article 4, paragraph 1, of the Convention. The Government refers to Acts 72-617 of 5.7.1992 and 76-1106 of 6.12.1976 which lay down the responsibility of heads of undertakings in the prevention of industrial accidents as well as fines for violation of the appropriate provisions. The Committee notes that the provisions cited do not relate to Article 5, paragraph 2, of the Convention and once again requests the Government to indicate the measures adopted to ensure that employers collaborate on every occasion that they undertake activities simultaneously at the workplace, with a view to applying the prescribed measures.

Article 20. The Committee notes the Government's statement to the effect that employers comply with the prescriptions of this Article. It requests the Government to supply detailed information on measures: (a) ensuring workers’ safety in the hold or on the cargo deck of a ship when power vehicles or power-operated appliances are used in loading or unloading operations (paragraph 1); (b) prohibiting the removal or replacement of hatch covers and beams when work is in progress in the hold under the hatchway (paragraph 2); (c) ensuring adequate ventilation in the hold or on a cargo deck to prevent risks of injury to health of workers from fumes (paragraph 3); (d) ensuring that adequate arrangements are made when dry bulk cargo is being loaded or unloaded in any hold or ‘tween deck (paragraph 4).

Article 22, paragraph 2. The Committee requests the Government to indicate the measures taken or contemplated to ensure that every lifting appliance and every item of loose gear forming part of a ship’s equipment shall be tested at least once every five years.

2. The Committee notes that in reply to its comments relating to the application of certain Articles of the Convention, the Government indicates in its latest report that the prescriptions therein are complied with without specifying the provisions or measures of application. The Committee requests the Government to send detailed information on the legislation or any other measures giving effect to each of the following Articles of the Convention:

Article 4, paragraph 2(a), (h), (k) and (s). General prescriptions relating to the construction, equipping and maintenance of dock structures; rigging and use of ships’ derricks; stacking and storage of goods.

Article 23. Thorough examination and certification of every lifting appliance and every item of loose gear.

Article 26. Conclusion of reciprocal accords between Members which have ratified the Convention and designation of competent persons or national or international organizations to carry out tests and/or thorough examinations with a view to ensuring the mutual recognition of arrangements made in regard to the safety of lifting appliances and items of loose gear; prohibition on the use of any appliance or loose gear not having given satisfaction in regard to testing, examination and inspection and adequately guaranteed safety with regard to their use.

Article 27. Clear marking of the safe working load for each lifting appliance.

Article 28. Rigging plans.

Article 29. Construction and strength of pallets.

Article 30. Safety methods for attaching loads to lifting appliances.

3. With reference to its previous comments and noting that no information regarding them has been sent with the Government’s latest report, the Committee requests the Government once again to indicate the measures adopted to give effect to the following Articles of the Convention:

Article 11. Width of passageways for pedestrians and cargo-handling appliances.

Article 21. Requirements on the design, construction, maintenance and use of lifting appliances and loose gear.

Article 31. Layout of freight container terminals and the safety of workers lashing or unlashing containers.

Article 42. Time-limits (if any) for the application of the provisions of this Convention to the construction or equipping of ships, lifting appliances or loose gear.