Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 178) sur l'inspection du travail (gens de mer), 1996 - Norvège (Ratification: 1999)

The Committee notes with interest that, on 10 February 2009, Norway ratified the Maritime Labour Convention, 2006 (MLC, 2006). The entry into force for Norway of the MLC, 2006, will result in the denunciation of, among others, the present Convention. Pending the entry into force of the MLC, 2006, however, the Committee will continue to examine the conformity of national legislation with the relevant requirements of the present Convention. The Committee recalls that the main provisions of the Convention have been incorporated in Regulation 5.1 and the corresponding Code of the MLC, 2006, and that therefore compliance with Convention No. 178 will facilitate compliance with the respective provisions of the MLC, 2006.

Articles 2(3), 4 and 5(1) of the Convention. Inspectors. The Committee notes the adoption of the Ship Safety and Security Act No. 9 of 16 February 2007, in particular Chapter 7 on supervision. The Committee, referring also to Standards A5.1.4(2), (3) and A5.1.2(4) of the MLC, 2006, requests the Government to provide additional information on: (i) the qualifications required for being appointed as an inspector; (ii) the number of inspectors; (iii) the status and conditions of service of inspectors ensuring their independence of any external influences; and (iv) organizations authorized to carry out inspections on behalf of the Norwegian Maritime Directorate.

Article 6. Compensation for unreasonable detention or delay. The Committee notes section 52 of the Ship Safety and Security Act, which provides for coercive measures in relation to ships. The Committee, referring also to Standard A5.1.4(15) and (16) of the MLC, 2006, requests the Government to indicate how it is ensured in law and practice that when conducting inspections every effort is made to avoid a ship being unreasonably detained or delayed and also that the shipowner is entitled to compensation for any loss suffered  in the event of such unreasonable detention or delay.

Articles 8 and 9. Reports. Further to its previous comment, the Committee notes that the Government refers to Circular 7.5-1-083, presumably as implementing the requirements of these Articles of the Convention. The Committee requests the Government to transmit a copy of this document, which is not available to the Office. The Committee also notes Circular 02/2008 (Rev.2) of 15 June 2009, which provides for inspections at intervals of two-and-a-half years, the use of a standard “ILO 178 checklist” and the posting of a “ILO 178 report” on board after each survey. The Committee again requests the Government to provide more detailed information on: (i) the maintenance of records of inspections of seafarers’ working and living conditions; and (ii) the publication of an annual report on inspection activities. The Committee also requests the Government to reply to the comments previously made by the Norwegian Seafarers’ Union on the Government’s alleged failure to keep statistics or records in accordance with Part IV of the Convention.

Part V of the report form. Practical application. The Committee requests the Government to provide up-to-date information on the practical application of the Convention, including for instance, the number of ships and seafarers covered by the relevant legislation, statistics on inspection visits and the results obtained, copies of official publications, such as activity reports of the Norwegian Maritime Directorate, as well as sample copies of ship inspection reports.