Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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

1. The Committee notes the information supplied by the Government in its last report. It notes in particular the information concerning the application of Articles 1, 5(2), 18(2) and 26(1)(b) of the Convention.

2. The Committee requests the Government to supply additional information on the following points.

Article 16 of the Convention. The Committee again requests the Government to indicate: (a) the measures taken to ensure the safety of workers when they have to be transported to or from a ship or other place by water (the regulations appended to the reports seem to refer only to the safe embarking and disembarking); and (b) the means of transport used for transporting workers to or from a workplace on land, and the safety measures required other than under the general road traffic regulations.

Article 18(1) and (3). The Committee notes that most provisions referred to by the Government in its report in reply to the earlier comments (in particular, sections 200, 201, 202 of the Accident Prevention Regulations for Maritime Navigation Enterprises) concern the construction and structure of hatches. The Government is requested to indicate the measures taken or envisaged concerning the hatch covers and beams to give effect to the provisions of the Convention.

Article 19(2). The Committee notes that section 207 of the Accident Prevention Regulations for Maritime Navigation Enterprises, referred to by the Government, requires that open hatchways of holds of at least 0.8 metres depth be fitted with guards. It requests the Government to indicate any provision requiring that every hatchway not fitted with a coaming of adequate height and strength be closed or that its guard be replaced, in conformity with this provision of the Convention.

Article 36(1)(c). The Committee again requests the Government to indicate the scope of the special medical examinations considered necessary in the case of workers exposed to special occupational health hazards, provided for in section 2 of Appendix 1 of the Regulations VBG 100.

Article 38(2). The Committee notes the references to sections 8, 232 and 233 of the Accident Prevention Regulations for Maritime Navigation Enterprises, made by the Government in its report in reply to earlier comments. It notes that these provisions establish, inter alia, an obligation to give an instruction to the operators of handling appliances and to provide them with adequate working conditions. The Committee requests the Government to indicate any provision establishing the minimum age and other conditions laid down in Article 38(2) for operating cargo-handling appliances other than cranes.

3. The Committee notes that the Government has made in its report numerous references to provisions of the Accident Prevention Regulations for Maritime Navigation Enterprises which are to give effect to the provisions of Articles 13(4), (5) and (6), 20(4) and 27(3). Since the full text of these regulations is not available to the Committee, the Government is requested to supply a copy with its next report.