Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) - India (Ratification: 1947)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Legislation. The Committee notes the information that while there have been no legislative changes which affect the application of the Convention, the Government intends to take into account the ILO Code of Practice on Safety and Health in Ports in the context of amendments proposed to the Dock Worker’s (Safety, Health and Welfare) Act 1986 and its 1990 Regulations.

Part V of the report form. Application in practice. The Committee notes the information provided indicating that over the period 2006–11 there have been on average 3,000 inspections and 714 contraventions reported yearly all of which have been complied with. The Committee also notes that a downward trend in the number of fatalities recorded in the three previous reporting periods (2005–06, 2006–07 and 2008–09) from 29 to 24 was broken in 2009–10 when 28 fatalities were recorded. In the reporting period 2010–11, however, the number of fatalities again fell to reach 22. The Committee notes that, according to the Government, the fatal accidents are mostly due to transport equipment and to the drivers and cleaners who are not regular dockworkers and are coming up to the port just to deliver cargo. The Committee also notes that the Government indicates that accident prevention calls for an increased level of safety consciousness and that the activities of the Dock Safety Committees set up at various ports and the training, education and promotional activities carried out by the inspectorates contribute thereto. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including on measures taken to decrease the number of fatalities among the workers who are not regular workers in the ports and to improve safety consciousness.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information contained in the Government’s reports, including the attached legislation on Dock Workers (Safety, Health and Welfare) Rules 1990. It also notes that, in response to its previous comments on Articles 3 and 15 of the Convention, no exemptions have been granted by the Chief Inspector of Dock Safety during the period under review. The Committee also wishes to bring to the Government’s attention an ILO code of practice in this area, Safety and health in ports, Geneva, 2005. This code of practice is available, inter alia, through the ILO’s web site by following the link, http://www.ilo.org/public/english/protection/safework/cops/english/index.htm.

2. Articles 9, 17 and Part III of the report form. Inspection and statistical information. The Committee notes the statistical information on the total number of workers engaged in dock work and the details of enforcement activities. The Committee also notes from the statistical information provided by the Government that the number of accidents have decreased from 214 accidents in 2005 to 205 accidents in 2006. However, the increase in the number of fatalities (23 in 2005 to 29 in 2006) is a reason for concern. The Committee would be grateful if the Government would continue to provide relevant statistical information including on the number, nature and causes of accidents reported, if any, as well as information on measures taken or envisaged to protect the workers against such accidents.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the detailed information contained in the Government’s reports, the attached legislation and statistical information.

2. Part I of the report form and Article 12 of the Convention. National legislation. The Committee notes with interest that the Indian Dock Labourers Act, 1934, has been replaced by the Dock Workers (Safety, Health and Welfare) Act, 1986 (Act No. 54 of 7 December 1986), and that both the Dock Workers (Safety, Health and Welfare) Regulations, 1948, and the Dock Workers (Safety and Health and Welfare) Scheme, 1961, have been replaced by the Dock Workers (Safety, Health and Welfare) Regulations, 1990. Furthermore, it notes from the report published by the Ministry of Labour and provided by the Government, “Annual Report on the Working of the Dock Workers (Safety, Health and Welfare) Regulations, 1990”, a reference to the Dock Workers (Safety, Health and Welfare) Rules, 1990, further regulating occupational safety and health of dockworkers. In order to enable the Committee to examine in full dockworkers’ protection against accidents, it requests the Government to provide a copy with its next report of the Dock Workers (Safety, Health and Welfare) Rules, 1990.

3. Articles 3(5)(a) and 15. Exemptions granted. The Committee notes that under section 12 of the Dock Workers (Safety, Health and Welfare) Act, 1986, and section 8 of the Dock Workers (Safety, Health and Welfare) Regulations, 1990, provide that exemptions of Article 3 may be granted with respect to access to ships, their dimensions, construction and condition and the method of securing them when a ship is laying alongside a quay or some other vessel for the purpose of the processes. It notes the Government’s statement that such an exemption is granted by the chief inspector of dock safety. It also notes the Government’s statement that the appropriate government may grant exemptions from the legislation applicable to dock work and that during the period covered by the last report, no exemptions have been granted. The Committee requests the Government to provide information in its next report on any exemptions granted by the chief inspector of dock safety with respect to Article 3, or by any state government for any of the other Articles of the Convention.

4. Articles 9, 17 and Part III of the report form. Inspections and statistical information. The Committee notes with interest the Government’s statement that dock safety inspectorates have been set up at the ten major ports of Mumbai, Kolkata, Chennai, Kandla, Mormugao, New Manglore, Cochin, Tutiocrin, Visakhapatnam and Paradip. It also notes the statement that the labour inspectors, beside their enforcement work, also provide training, education and information and that safety centres have been set up by some of the inspectorates, all in collaboration with the port authorities, dock labour board, owners/agents of the ships, stevedoring firms, clearing agents, chipping and painting contractors and the trade unions. The Committee further notes from the statistical information provided by the Government that the number of accidents have continued to decrease from 284 accidents in 1999 to 212 accidents in 2001. The Committee requests the Government to continue to provide statistical information, if possible, on the total number of workers engaged in dock work covered by the legislation and to provide information in its next report on the number of labour inspections carried out, their periodicity, their findings and any action taken.

5. The Committee takes this opportunity to recall that the Governing Body of the ILO has invited parties to Convention No. 32 to consider ratification of the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which revised Convention No. 32. Such ratification would automatically entail an immediate denunciation of Convention No. 32 (GB.268/LILS/5(Rev.1), paragraphs 99-101). The Committee also wishes to bring the Government’s attention to the ILO’s newly adopted code of practice in this area, Safety and health in ports, Geneva, 2005. This code of practice is available, inter alia, through the ILO’s web site by the following link, http://www.ilo.org/public/
english/protection/safework/cops/english/index.htm. The Government is requested to keep the Committee informed of any developments in this respect.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee takes note of the information and the statistical data supplied by the Government in its report and notes with interest the adoption of the Dock Workers (Safety, Health and Welfare) Act, No. 54, 1986. It also notes that section 21 of this Act provides for the issuance of regulations consistent with the Act, concerning the various specific safety measures laid down in the Convention. The Committee hopes that it will be possible to adopt such regulations in the near future and that they will contain provisions giving full effect to the Convention. It also hopes that the Government's next report will indicate the progress made in this respect.