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

Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Russian Federation (Ratification: 2004)

Other comments on C152

Observation
  1. 2011
Direct Request
  1. 2025
  2. 2013
  3. 2010
  4. 2008

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The Committee notes the observations provided by the Federation of Independent Trade Unions of Russia, attached to the Government’s report.
Legislation and/or regulation giving effect to the Convention. The Committee takes due note of the new texts and amendments affecting the application of the Convention. The Committee notes in particular that the Regulations on Labour Protection (POT) in Seaports (POT R 0-152-31.82.03-96), which implemented various Articles of the Convention, have been repealed by Order of the Ministry of Labour No. 343n of 15 June 2020, which approved new Regulations on Labour Protection in Sea and River Ports (hereinafter: the Regulations). The Committee further notes the adoption of the Occupational Safety Rules on Maritime Vessels and Inland Waterway Transport Vessels (hereinafter: the Rules), as well as the Rules for Labour Protection during Loading and Unloading Operations and Placement of Goods (hereinafter: the Rules on Loading Goods), approved by Orders of the Ministry of Labour No. 886n of 11 December 2020 and No. 753n of 28 October 2020, respectively.
Article 1 of the Convention. Consultation on the term “dock work”. The Committee notes that according to section 1, paragraph 1 of the Regulations, the term “dock work” covers the organization and performance of loading and unloading operations in sea and river ports, as well as the work to ensure transshipment processes and transportation of employees on the territory of ports and water areas. The Committee requests the Government to indicate the manner in which the organizations of employers and workers concerned were consulted on the establishment of this definition.
Article 2(1). Fishing vessels. The Committee notes that the Rules, which give effect to several Articles of the Convention, exclude fishing vessels from their scope of application (section 1). The Committee requests the Government to indicate, in accordance with Article 2(1)(a) and (b) of the Convention: (i) the measures taken to ensure that safe working conditions are maintained; and (ii) whether the competent authority, after consultation with the organizations of employers and workers concerned, is satisfied that it is reasonable in all the circumstances that there be such an exemption.
Article 7(1). Adoption of measures with a view to giving effect to the Convention, in consultation with the organizations of employers and workers concerned. The Committee underlines that the Government, in a previous report, asserted that consultations were held constantly with the social partners through the work of the Russian Tripartite Commission regulating social and labour relations, with a view of adopting federal laws, government decrees and orders of the relevant federal executive agencies, including on occupational safety and health. Noting that the Government’s report contains no information in this regard, as also observed by the Federation of Independent Trade Unions of Russia, the Committee requests the Government to provide details on consultations held with the social partners during the preparation and adoption of the new texts giving effect to the Convention.
Article 8. Cessation of work when workplaces have become unsafe. The Government indicates that by virtue of section 3.12 of the Administrative Offences Code, an administrative suspension of activities shall be ordered by the judge if it is established that the working conditions of any employee – including dockworkers – do not comply with the sanitary and epidemiological requirements provided for by the legislation (namely, Sanitary Rules SP 2.2.3670-20 and 2.5.3650-20). The Government adds that according to the Labour Code: (i) the employer is obliged to suspend work at workplaces where the working conditions, after conducting a special assessment, are classified as hazardous; and (ii) the employee has the right to refuse to work in case of danger to her/his life or health resulting from the violation of occupational safety requirements (section 216). Recalling that Article 8 of the Convention requires the adoption of measures specific to dock work, the Committee requests the Government to provide information on the practical application of these provisions in ports, including examples of decisions ordering the administrative suspension of work, in order to assess their effectiveness and conformity with the Convention.
Article 11(2). Separate passageways of adequate width for pedestrian use. The Committee notes that the Regulations stipulate that: (i) the distance between sidewalks/pedestrian paths and railway tracks/highways, as well as fences/markings of sidewalks/pedestrian paths, must ensure “safe passage of workers through the port area” (section 15); and (ii) “safe width of passages and driveways” must be ensured (section 169(2)). The Committee requests the Government to indicate whether a minimum width has been prescribed for passageways for pedestrians (for example, 1.5 metres, as previously required under repealed Regulations POT R 0-152-31.82.03-96).
Article 12. Means for fighting fire. The Committee notes that the previous Fire Safety Regulation (PPB) 01-3 has been repealed and replaced by new Fire Safety Regulations by virtue of Resolution of the Government No. 1479 of 16 September 2020. Noting that these contain no provisions specific to docks, the Committee requests the Government to indicate how the new Fire Safety Regulations are applied to port areas covered by the Convention.
Article 16(2). Safe transport to or from a workplace on land. The Committee notes that the Regulations require “vehicles equipped with places for the transportation of passengers” (section 37) and prohibit transportation by trailers (roll-trailers) and battery carts (section 90). The Committee requests the Government to indicate the measures taken to ensure that means of transport provided by the employer are safe.
Article 21(a). Design and construction of lifting appliances, items of loose gear, slings and lifting devices forming an integral part of a load.The Committee requests the Government to indicate the provisions ensuring that all lifting appliances, items of loose gear, slings and lifting devices forming an integral part of a load are of good design and construction.
Article 22. Testing of lifting appliances and items of loose gear by a competent person. The Committee notes that, under the Rules, vessel masters and officers must ensure timely testing of hoisting and load-gripping devices in accordance with manufacturer’s instructions. The Committee requests the Government to confirm that such instructions require the retesting of lifting appliances forming part of a ship’s equipment at least once in every five years, as required by Article 22(2) of the Convention.
The Committee further notes that while the Regulations provide for the testing of specific equipment (lifting electromagnets, chains, clamps and pallets (sections 93, 120, 136, 141 and 143)), they do not appear to cover all lifting appliances and loose gear prior to first use or after major alteration, as required by Article 22(1) of the Convention. The Committee requests the Government to indicate the provisions implementing these requirements and those ensuring retesting of shore-based lifting appliances and certification after each test, in accordance with Article 22(4) of the Convention.
Articles 23 and 24. Periodic thorough examination and certification of lifting appliances and items of loose gear by a competent person. Regular inspection of items of loose gear before use. The Committee notes the indication that, under the Regulations, removable lifting devices must undergo “periodic inspections” by the employee responsible for maintaining the lifting devices in good condition: crossbars, balance beams, beams, frames, buckets, nets, tongs, boxes, various grips – monthly; slings – every ten calendar days; and rarely used removable lifting devices – before work begins (section 105). Chains, chain slings included in removable lifting devices must be inspected before being issued for work (section 106). The Committee notes that the Regulations also include provisions on inspections of rarely used slings, packaging equipment or containers (sections 122(2), 144(2) and 262), and visual inspections of plant ropes and removable lifting devices (sections 122(1) and 131). The Committee further notes that the Rules on Loading Goods provide for inspections of lifting machines and removable lifting devices, before they are used for work, to ensure that they are in good working order (sections 10 and 12). In light of the above, the Committee requests the Government to clarify whether the term “inspection” in sections 105 and 106 of the Regulations refers to a detailed visual examination (Article 23(2)) or a basic visual check before certification (Article 24(2)). Furthermore, observing that Order No. 533 of 12 November 2013 on “Safety Regulations for hazardous facilities using lifting equipment” has been repealed, the Committee requests the Government to provide update information on measures implementing Articles 23 and 24 of the Convention, as well as to indicate whether the Regulations on cargo-handling equipment in seaports (RD 31.1.02-04) remain in force and, if so, to provide a copy. The Committee also requests the Government to indicate any measures taken to ensure that: (i) expandable or disposable slings shall not be reused; and (ii) in the case of pre-slung cargoes, the slings shall be inspected as frequently as is reasonably practicable.
As regards lifting appliances and items of loose gear forming part of a ship’s equipment, the Committee notes that they must undergo timely examinations within limits established by manufacturer instructions and operational rules (sections 195(1) and 13(2) of the Rules). The Committee requests the Government to specify whether the instructions and rules provide for thorough examinations and certifications of lifting appliances and items of loose gear at least once in every 12 months, as required by Article 23(1) of the Convention.
Article 25. Registers and certificates. The Committee notes that inspection results must be recorded in the logbook of removable lifting devices (section 106 of the Regulations). Recalling that the records must also include the results of tests and thorough examinations, the Committee requests the Government to provide information on any provisions ensuring that all requirements of Article 25(1) of the Convention are met. Moreover, the Committee requests the Government to specify the provisions giving effect to Article 25(2) and (3) regarding the keeping of a register of lifting appliances and items of loose gear.
Article 27(2). Safe working load of lifting appliances having more than one safe working load. The Committee notes that the Regulations merely indicate that on cranes with variable lifting capacity depending on the boom reach, when handling large-capacity containers, the crane operator must be constantly informed about the weight of each container being handled (section 298(1)). The Committee therefore requests the Government to provide information on the relevant provisions which ensure that all lifting appliances with more than one safe working load shall be fitted with effective means of enabling the driver to determine the safe working load under each condition of use.
Article 28. Rigging plans.The Committee requests the Government to specify whether sections 17 and 18 of the Rules, which it mentions in its report, provide for the obligation to carry rigging plans on board, as well as any other relevant information necessary to permit the safe rigging of the derricks and accessory gear.
Article 35. Rescue, provision of first aid and removal of injured persons. The Committee notes that under the Labour Code, the employer shall: (i) take measures to prevent accidents, preserve the life and health of employees, as well as provide first aid to victims; (ii) ensure the provision of sanitary and domestic services and medical support of employees (section 214); (iii) set up first aid posts equipped with first-aid kits (section 216.3); and (iv) in case of an accident, immediately administer first aid to the victim and, if necessary, transport him/her to a medical organization (section 228). Employees are obliged to undergo occupational health and safety training, including first aid training for those injured at work, in line with the Regulations on training, and briefing on labour protection of employees of enterprises, organizations and institutions of maritime transport (RD 31.87.01-95) (section 215). While noting that Order No. 169n of 5 March 2011 “approving the requirements on equipping first-aid kits with medical items for giving first-aid to workers” has been repealed, the Committee requests the Government to indicate current provisions on first-aid kits, first-aid facilities and/or medical units in ports, as previously set out in Part 14 of POT R 0-152-31.82.03-96.
Article 36(1). Consultation with the organizations of employers and workers concerned. The Committee takes due note of the texts implementing Article 36(1) of the Convention, namely, Order No. 988 “On Approval of the List of Harmful and (or) Hazardous Production Factors and Works in the Performance of Which Mandatory Preliminary Medical Examinations Are Carried Out upon Admission to Work and Periodic Medical Examinations” and Order No. 29n “On Approval of the Procedure for Conducting Mandatory Preliminary and Periodic Medical Examinations of Employees, the List of Medical Contraindications to Work with Harmful and (or) Dangerous Production Factors, as well as Work for Which Mandatory Preliminary and Periodic Medical Examinations Are Carried Out. The Committee requests the Government to provide information on the consultations held with the organizations of workers and employers concerned regarding the issues addressed in Article 36.
Article 37. Establishment, composition and functions of safety and health committees. The Committee notes that the Labour Code requires the establishment of occupational safety and health committees comprising representatives of employers and workers (section 224) and that Order No. 650n of the Ministry of Labour (22 September 2021) further defines their objectives and functions (sections 7–9). The Committee requests the Government to provide information on the functioning of such committees in ports with a significant number of workers, which would enable the Committee to assess the practical application of these provisions.
Article 40. Regulations concerning suitable sanitary and washing facilities. The Committee notes that Part VIII of the Sanitary Rules SP 2.2.3670-20 provides for several requirements concerning sanitary and amenity premises, although it does not contain any specific provisions related to sanitary and washing facilities in docks. The Committee further notes that section 2.4.4 of the Sanitary Rules SP 2.5.3650-20 stipulates that loading and unloading complexes “should be equipped with sanitary and hygienic premises (washrooms, toilets, showers) with the supply of hot and cold drinking water”. The Committee requests the Government to provide information regarding the number, maintenance and distance of these facilities from the workplace.
Article 41(b). Penalties. The Government indicates that employers operating in ports are subject to “various measures in case of violations”, including a warning about the inadmissibility of violating mandatory requirements (section 11(13) of Resolution No. 336). Noting that Resolution No. 336 contains no provision thereon, the Committee requests the Government to specify the legal provisions requiring appropriate penalties in case of non-compliance with the provisions of the Convention, as contemplated by Article 41(b). The Committee further requests the Government to provide details of inspections carried out and the penalties imposed.
Absence of information on certain Articles of the Convention. The Committee observes that POT R 0-152-31.82.03-96 and its appendixes, which gave effect to various Articles of the Convention, have been repealed, and that no information was provided on measures implementing the following Articles of the Convention: Article 13(2) (prompt cutting off of the power to any machinery in case of an emergency) and (4) (removal of a guard or a safety device by an authorized person); Article 18(2) (accessible and suitable attachments of hatch covers), (3) (marking of interchangeable beams and hatch covers) and (5) (designation of an authorized person for the supervision of opening or closing of power-operated ship’s equipment); Article 26 (mutual recognition by Members of arrangements for testing and examination); Article 27(3) (marking ships’ derricks with safe working loads); and Article 38(2) (minimum age limit for the operation of lifting appliances). The Committee requests the Government to specify the legislative or regulatory provisions, as well as any technical standards or codes of practice, which give effect to these Articles.
Part V of the report form. Application in practice.Noting that the report contains no information in this respect, the Committee requests the Government to give a general appreciation of the manner in which the Convention is applied, including information on the number of workers covered, the number and nature of contraventions reported, the resulting action taken, the number of occupational accidents and diseases reported, and attach relevant extracts from the reports of the concerned inspection services.
[The Government is asked to reply in full to the present comments in 2027.]
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