Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Germany (Ratification: 1982)

Article 8 of the Convention. Cessation of work at unsafe places. The Committee notes that pursuant to section 9(3) of the Labour Protection Act, the employer must take measures to enable employees to leave the workplace in safety in the event of immediate significant danger; if such danger persists, the employer may only ask the employees to resume their work in particularly justified exceptional cases. The Committee requests the Government to specify the circumstances under which such cases may occur.

Article 20(4). Adequate arrangements for the safety of persons when dry bulk cargo is being loaded or unloaded in holds, ’tween decks or when a worker is required to work in a bin or hopper on board ship. The Committee notes that according to the Dock Work Accident Prevention Regulations (hereinafter: Dock Work APR), operators are obliged, prior to the start of loading and unloading work, to ensure that safe access to the holds is available (section 41(1)). In a previous report, the Government referred to section 9 of the Dock Work APR – providing for the obligation of the employer to create conditions and put in place arrangements so that effective measures can be taken to rescue insured persons – and underlined that this section also applied to holds. The Committee requests the Government to indicate whether section 9 of the Dock Work APR is also applicable to the other situations referred to in Article 20(4) of the Convention (namely, when dry bulk cargo is being loaded or unloaded in tween decks or when a worker is required to work in a bin or hopper on board ship), or whether other specific provisions apply to these situations.

Article 23(1). Periodic thorough examination and certification of lifting appliances and items of loose gear. The Committee notes that pursuant to sections 3(6) and 14(2) of the Industrial Safety Ordinance, examinations must be carried out by a competent person, at intervals determined in the risk assessment required from the employer before using work equipment. The Committee requests the Government to indicate the measures ensuring that periodic thorough examinations of every lifting appliance and item of loose gear take place at least once in every 12 months, as contemplated by Article 23(1) of the Convention.

Article 39. Prevention and investigation of occupational accidents and diseases. The Committee notes that the Government, in a previous report, indicated that Article 39 of the Convention was implemented by the Seventh Book of the Social Code (hereinafter: SGB VII), which: (i) stipulates that operators must notify accidents suffered by insured persons at their enterprise to the accident insurer if the said persons are killed or injured such that they are unfit for work for more than three days (section 193(1)), and must similarly notify the insurer if they have cause to believe that an occupational disease may be present among insured persons within their enterprise (section 193(2)); and (ii) gives the insurer’s supervisors the authority to examine whether an accident or disease is attributable to occupational causes and, if so, to which (section 19(2)). The Committee, while taking note of the above, is of the view that the purpose of reporting to the competent authority is primarily to assist in the prevention of occupational accidents and diseases and goes beyond merely addressing the issue of compensation. The Committee therefore requests the Government to specify whether a notification mechanism to the competent authority or to an inspection body is provided for in the specific regulations for the port sector, in order to give effect to Article 39 of the Convention.

Article 41(b). Penalties.The Committee requests the Government to indicate the penalties which are provided for, in the regulations applicable to the port sector, in case of violations of health and safety requirements.