Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Peru (Ratification: 1988)

The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), received on 14 September 2017, and the Government’s reply thereto, received on 1 September 2024, relating to the application of the Convention. The Committee refers to these observations in this comment and requests the Government to communicate its response in this respect. The Committee also notes the Government’s response to the observations made in 2017 by the CATP, examined by the Committee in this comment.

Legislation. Compliance of the regulations issued by the various port authorities with the Convention. In its previous comments, the Committee noted that Decision No. 010-2007-APN/DIR, National Standard on Occupational Safety and Health in Dock Work (SSOP Standard), empowers the different port authorities to regulate certain technical issues in each port’s regulations, and that this is a condition for obtaining a port safety certificate. The Committee expressed the hope that the requirements of the Convention would be incorporated into the SSOP Standard, so as to ensure that the regulations issued by the port authorities were in conformity with the Convention. In this respect, the Government reported that it had incorporated the requirements of the Convention into the updated SSOP Standard, and that the draft was being examined by the Legal Advisory Unit of the National Port Authority (APN). However, in its latest observations, the CATP indicates that the text of this Standard has been under revision for seven years without being finalized, and that this delay is a cause of concern due to the lack of protection of dockworkers. The Government now reports that it has incorporated the requirements of the Convention into the draft regulations on occupational safety and health in dock work (Supreme Decree), which are currently being revised and examined by the Ministry of Transport and Communication. The Committee expects that the Government will finish updating the SSOP Standard without further delay, in order to ensure that the new regulatory framework gives effect to all provisions of the Convention, to thereby help ensure that the regulatory powers conferred on the different port authorities and the issuance of certificates are in conformity with the provisions of the Convention. The Committee requests the Government to provide a copy of the newregulations on occupational safety and health in dock work, once adopted.

In this respect, the Committee trusts that the new regulatory framework will enable the Government to provide more specific and detailed information on the application of the Articles of the Convention below:

Article 3 of the Convention, subparagraphs (b) competent person; (c) responsible person; (d) authorized person; (e) lifting appliance; (f) loose gear; and (g) access. Definitions. The Committee recalls that in its previous comments, it requested the Government to incorporate the above definitions into the updated SSOP Standard. The Government indicates that it has incorporated the requirements of the Convention into the draft regulations, currently being revised and examined by the Ministry of Transport and Communication. The Committee expects that the new regulations on occupational safety and health in dock work will include provisions defining the terms “competent person”, “responsible person”, “authorized person”, “lifting appliance”, “loose gear” and “access”, in conformity with the requirements of Article 3(b), (c), (d), (e), (f) and (g) of the Convention.

Article 4(2)(l). Protection measures against dangerous substances and other hazards. Article 33. Precautions against the harmful effects of excessive noise. Article 32 (4) and (5). Prevention of exposure of workers to toxic or harmful substances or agents. The Committee recalls that, in its 2017 observations, the CAPT referred to the fact that on the APN website there was no standard on the exposure limits for, inter alia, physical, chemical and ergonomic hazards. In this respect, the Government indicates that basic standard on ergonomics and procedures for the assessment of non-ergonomic risks is applicable to port facilities. The Committee notes that Annex 1, Title VII of the above standard, posted on the Government’s website, sets out the exposure limits for noise, temperature, light and load handling, among others. In addition, Decision No. 034-2008-APN/DIR provides for the mandatory use of auditory protection on work sites in port facilities where noise exceeds 85dB(A). The Government also indicates that authorized chemical limits are set out in the Regulations on Authorized Limits for Chemicals in the Workplace. The Committee considers that the above standards contribute to the application of the Convention.

Article 7(1). Adoption of legislative measures in consultation with the organizations of employers and workers concerned. Article 7(2). Collaboration between employers and workers for the practical application of the measures referred to in Article 4(1). The Government reports that it has incorporated the requirements of the Convention into the draft regulations currently being revised and examined. It also reiterates that these requirements are in line with Act No. 29783 on Occupational Safety and Health, as this Act applies to all economic sectors and services, and covers all employers and workers in the private and public sectors. The CATP indicates that the consultations carried out by the Government were insufficient and not conducted in appropriate bodies such as the National Labour Council or the National Council for Safety and Health. It adds that continued consultation with the employers and workers is key to ensure that the standard is effective and meets the specific needs of the port sector, within a context of cooperation and transparency with the authorities. Recalling the importance of consultation with the employers and workers concerned to give effect to the provisions of the Convention, the Committee expects that the Government will ensure full cooperation with employers and workers of the port sector or their representatives in the finalization of the draft regulations, both within the framework of the APN, in which private sector and port authority worker representatives participate, and in other bodies. The Committee requests the Government to provide any relevant information on the consultations held, mechanisms used and organizations consulted.

Article 16(2). Transport of workers on land. The Government indicates that it has incorporated the requirements of the Convention into the draft regulations currently being revised and examined. The CATP indicates that the ANP decisions do not include specific provisions concerning land transport for dockworkers. The Committee trusts that the Government will specify the provisions of the new regulations relating to the transport of workers by land to or from a workplace.

Article 22. Lifting appliances. Frequency of tests. Article 23. Lifting appliances: visual examination every 12 months. Article 24. Inspection of loose gear. The Government indicates that it has incorporated the requirements of the Convention into the draft regulations currently being revised and examined. The CATP indicates that: (i) there are no regular inspections to ensure that tests are carried out in accordance with the requirements, or qualified staff to carry out such tests with the required frequency; a certification system to ensure that staff are properly qualified to carry out such tasks is needed; and (iii) the lack of adequate inspection and maintenance of dock equipment compromises the safety of the day-to-day operations. The Committee trusts that the new regulations will contain provisions that expressly give effect to the Convention regarding the examination of lifting appliances and maintenance equipment, including the frequency of tests. The Committee also requests the Government to provide its comments on the CATP’s observations regarding the need to take measures to ensure that inspections are carried out by a competent person who issues the relevant certification.

Article 25. Duly authenticated records which provide prima facie evidence of the safe condition of the lifting appliances and items of loose gear. Article 26. Mutual recognition of arrangements for the testing, thorough examination, inspection and certification of lifting appliances and items of loose gear forming part of a ship’s equipment and of the records relating thereto. The Committee notes the CATP’s statement that there is a need for a mandatory system of inspection records, as well as a register available to the competent authorities and external auditors for their review. The Committee requests the Government to indicate the manner in which it gives effect to these Articles of the Convention, in particular whether it envisages, as suggested by the CATP, the establishment of a register of inspections that may be consulted by the competent authorities and external auditors. The Committee also once again requests the Government to provide examples of the records and certificates of lifting appliances and items of loose gear, and reports of the inspections conducted by the Maritime Authority.

Article 20. Holds and cargo decks. Article 21. Lifting appliances: design and use. Article 27. Lifting appliances: loads. Article 28. Lifting appliances: ship rigging plans. Article 29. Pallets and similar devices for supporting loads. Article 30. Requirements for loads to be slung before being raised or lowered. Article 35. Facilities envisaged in case of accident. The Government indicates that it has incorporated the requirements of the Convention into the draft regulations currently being revised and examined. With regard to Article 35 of the Convention, the Government reiterates that the requirement in question is contained in the guidelines for developing internal safety regulations in port facilities, attached to Annex 1 of Decision No. 010-2007-APN/DIR. The Committee trusts that the new Regulations will ensure that the internal safety regulations give effect to these Articles of the Convention. The Committee requests the Government to provide information on this matter.

Article 38(1). Adequate instruction or training. The Committee notes that, in its 2017 observations, the CATP indicated that the training models available on the APN website only referred to trained employers, without mention of workers. In addition, it indicated that there was only an online induction relating to safety, health and environment, aimed at persons who access port facilities, including workers, which was not enough to ensure proper training. In this respect, the Government reports that sections 53, 55, 57 and 58 of the Technical Standard on Port Protection, updated through Decision No. 025-2024-APN-DIR, of 13 March 2024, contain provisions on training in port safety for all persons who access port facilities, including workers. While the Committee considers that the provisions of the Technical Standard can contribute to the application of the Convention, it requests the Government to provide information on its implementation in practice and on any measures taken to respond to the concerns of the CATP about workers’ training.

Application of the Convention in practice. The Committee recalls that, in its 2017 observations, the CATP indicated the lack of updated information on the APN website, as well as the absence of data on occupational diseases and corrective measures to institute in the case of accidents. It also indicated that on the website of the Ministry of Labour and Employment Promotion (MTPE) there was no way of knowing whether accidents had occurred in the port sector. The Government indicates that in 2022 a new version of the information system for reporting industrial accidents, hazardous incidents and occupational diseases was implemented. It also repeats that specific statistics on industrial accidents and occupational diseases in dock work are available under “transport” on the Ministry of Labour and Employment Promotion’s portal. The Committee notes, however, that even though statistics on “load handling” up to the first quarter of 2024 are included under “transport”, there is no clear indication of whether these relate to the port sector. In its most recent observations, the CATP states that it is essential to improve coordination between the General Directorate of Port Authorities and Coast Guards of the Peruvian Navy (DICAPI) and the National Superintendence of Labour Inspection (SUNAFIL), and increase their resources, to implement a periodic inspection plan guaranteeing adequate oversight in the port sector. The Committee requests the Government to respond to the CATP’s observations, in particular with regard to the implementation of a system to guarantee regular inspections in the port sector, and to provide specific statistical information on the number of inspections carried out, with details of the nature of the infringements reported and the measures taken as a result.