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

Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) - Panama (Ratification: 1971)

Regulations in application of the Convention. The Committee recalls that in 1996 it noted for the first time the Government’s indication that the revision of the General Regulations on Safety and Health in Dock Work of the National Ports Authority (21 October 1988, Official Gazette 21–161, Agreement 388) – which aim to establish standards and procedures on the prevention of occupational accidents and diseases, occupational safety and health, fire prevention and the safe handling of cargo, in order to ensure the safety and efficiency of dock work – was ongoing. The Committee notes with deepconcern that this revision has still not been completed, despite the Committee’s repeated comments requesting its finalization. While noting with regret that the draft General Regulations on Safety and Health in Dock Work have still not been adopted, the Committee firmly expects that the Government will finalize the revision thereof without further delay.

Effect given to certain provisions of the Convention. The Committee recalls that in its previous comments it requested the Government to give effect to certain provisions of the Convention not covered by the General Regulations in question. The Committee notes the brief information provided by the Government in this regard:

• Article 2(2), (3) and (4) of the Convention. Access. The Government indicates that the Panama Maritime Authority and the department for port facilities conduct inspections concerning access. The Committee recalls that, in its previous comments, it requested the Government to adopt a provision to regulate this issue.
• Article 9(2)(2). Inspection of hoisting machines. The Government indicates that the port facilities are responsible for periodic safety checks of hoisting machines, in accordance with the standards of the manufacturer and the individual facility; and that the Panama Maritime Authority carries out monthly inspections. In addition, Title V, Chapter I of the General Regulations on Safety and Health in Dock Work indicates the aspects to consider with regard to hoisting equipment. The Committee recalls that in its previous comments it noted that these Regulations do not contain provisions that give effect to this Article of the Convention.
• Article 11(1). Supervision by a competent person while a load is suspended. The Government reports that such safety measures are set out in section 33, Title II of the current General Regulations on Safety and Health in Dock Work. The Committee recalls that in its previous comments it noted that these Regulations do not contain a provision to give effect to this Article of the Convention.
• Article 11(2) and (8). Employment of a signaller and compliance with the maximum permitted load of hoisting machines. The Government indicates that, in accordance with the General Regulations on Safety and Health in Dock Work, the port facilities must have personnel responsible for ensuring that the maximum permitted load is visibly indicated on the hoisting equipment and for signalling hoisting. The Committee recalls that in its previous comments it noted that these Regulations contain provisions relating to the operations of container terminals (sections 89 and 95 of the Regulations), and requested the Government to adopt the legal or administrative texts to guarantee the application of these provisions in the case of general loading as well.
• Article 11(5). Escape. The Government indicates that the General Regulations on Safety and Health in Dock Work instruct officials of the department for dock safety and health to verify during inspections that escape routes from docks are clearly indicated and free of obstructions. The Committee recalls that in its previous comments it noted that the Regulations do not contain provisions to give effect to this Article of the Convention.
• Article 14. Fencing, gangways, gear, ladders, life-saving means or appliances. The Government indicates that during inspections it is checked that all of the above are in the right place, secured, in good condition, clean and clearly indicated. Any cases to the contrary are reported. The Committee recalls that in its previous comments it noted that the Regulations do not contain provisions to give effect to this requirement of the Convention.

The Committee trusts that the new General Regulations on Safety and Health in Dock Work will include specific provisions relating to all the Articles and subparagraphs of the Convention referred to above. The Committee requests the Government to provide information in this respect and a copy of the Regulations in question, once adopted.

Application in practice. The Committee welcomes the statistical information provided by the Government, which includes: (i) the total number of workers covered by the Convention, amounting to 2,179, 1,614 of whom are in operational posts; and (ii) the number, type and cause of accidents recorded between October 2023 and February 2024. It further notes that, according to information available on the website of the Panama Maritime Authority, it has started a national port inspection tour and will implement a short, medium and long-term preventive and corrective maintenance plan for ports. The Committee requests the Government to provide information on the results of the current and any subsequent inspection tour, as well as on the measures taken in the short, medium and long term, and the implementation of the preventive and corrective maintenance plan to ensure the protection of dockworkers against accidents. In addition, it requests the Government to continue to provide relevant information to enable the Committee to examine the application of the Convention in practice, particularly inspection reports on the number and nature of infringements found and the measures adopted to minimize the risk of accidents, as well as the number of the most frequent accidents and illnesses.

Prospects for the ratification of the most up-to-date Convention. The Committee takes this opportunity to encourage the Government to follow up on the decision of the Governing Body at the 352nd Session (October–November 2024), in which the recommendations of the Standards Review Mechanism Tripartite Working Group were adopted, and to consider the possibility of ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which is the most up-to-date instrument in this area. The Committee requests the Government to provide information on measures taken in this respect.