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

Convention (n° 152) sur la sécurité et l'hygiène dans les manutentions portuaires, 1979 - Suède (Ratification: 1980)

The Committee notes the information provided by the Government in reply to its previous comments referring to the remarks made by the Swedish Trade Union Confederation (LO), and the copies of the Dock Work (Amendment of Dock Work Directions) AFS 1993:47 and the Dock Work (Amendment of Dock Work Directions) AFS 1994:20, supplied with the Government's report.

Article 21 of the Convention. Further to its previous comments relating to the remarks of the LO concerning the repeal and non-replacement of Notice 1976:19, the Committee notes the Government's reply confirming its repeal but that those rules were solely of the nature of recommendations and were partly out of date. The Government indicates that the contents of these rules are now covered to all intents and purposes by the Swedish Standard IKH 5.52.01. The Committee would be grateful if the Government would supply a copy of the Swedish Standard IKH 5.52.01.

Article 17. The Committee notes the Government's reply to its previous comments which related to the remarks of the LO that dockworkers were obliged to use an ordinary ladder or a personal basket connected to a lifting device in place of ladders or access a ship's hold or cargo deck when such access were obstructed. The Committee notes the information that hoisting of personnel by cranes and other lifting devices is dealt with in AFS 1983:5, Hoisting of Persons by Cranes and Other Lifting Devices, and that hoisting of personnel with trucks is dealt with in AFS 1986:24, Trucks, the copies of both instruments are enclosed with the Government's report. In addition the Government indicates that these instruments make provision concerning inspection by an accredited control body of temporary personnel hoists using cranes and trucks, which it considers meet the requirements of Article 17, paragraph 1.

Article 39. The Committee notes the comments made by the LO contained in the Government's report, indicating that due to reasons such as a demand for an increased productivity and efficiency in dock work together with a continuous unemployment, stress related to work has increased. It considers that the desire of stevedore companies to cut down the organization has also added to the stress. It concludes that because of the fear of losing their jobs, dockworkers do not report near-accidents and incidents as usual. The Committee would be grateful if the Government would provide its views on this, bearing in mind that Article 39 of the Convention requires that, in order to assist the prevention of occupational accidents and diseases, measures have to be taken to ensure that they are reported to the competent authority and, where necessary, investigated.

The Committee also notes the comments made by the LO concerning the lack of clarity in Swedish legislation as to whether the regulations for transport of hazardous goods are in force for dock work. The LO indicates that in practice, in most of the docks, the regulations for the transport of hazardous goods -- "ADR regulations" -- are not applied. With a view to clarifying its doubts, the LO is asking whether the transport roads in a dock area are to be considered as public roads intended for transport of hazardous goods. Such clarification will answer its question of whether dockworkers must have an "ADR certificate" in order to handle and transport hazardous goods, which certificate is required for transport of hazardous goods on shore. It is obtained after a special "ADR course" concerning transport of hazardous goods.

The Committee considers this question to concern the meaning of provisions of national legislation. Without pronouncing itself on the question of the meaning of provisions of national legislation on the matter, the Committee wishes to indicate that the following provisions of Convention No. 152 may be usefully kept in mind in addressing the question: Article 1 which includes any work incidental to the work of loading and unloading any ship within the definition of "dock work"; Article 4, paragraph 2(l), which provides for the measures to be to taken in pursuance of this Convention to cover dangerous substances and other hazards in the working environment; Article 10, paragraph 1, which, not being limited to dangerous goods, requires that all surfaces used for vehicle traffic to be suitable for the purpose and properly maintained; Article 11, paragraph 1, which, also not being limited to dangerous goods, requires that passageways of adequate width to be left to permit the safe use of vehicles and cargo-handling appliances; and Article 32, paragraphs 1 and 2, which require the packing, marking and labelling, handling, storing and stowing of any dangerous cargo to be in accordance with the relevant requirements of international regulations applying to the transport of dangerous goods by water and those dealing specifically with the handling of dangerous goods in ports.