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

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

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.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Legislation. The Committee notes from the Government’s report that amendments were made to legislative texts listed in the report but that these amendments bear in principle no direct relevance to dock work. It also notes that the Accident Prevention Regulations for Maritime Navigation (VBG 108) have undergone major changes during the reporting period and that a number of provisions related to the application of the Convention were repealed. The Committee requests the Government to indicate the manner in which this new legislation modifies the application of the articles of the Convention.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied in the Government's report and in particular of the information concerning the application of Article 18, paragraph 1 (the use of hatch covers and beams unless they are of sound construction and adequate strength).

Article 16. The Government is requested to give particulars of the measures prescribed to ensure the safe transportation of workers to and from a ship or other place by water as well as their safe transportation to or from a workplace on land.

Article 19, paragraph 2. The Committee notes, from the Government's report, that the accident prevention regulations contain no provision for ensuring that open hatchways are fitted with guards and that in practice unguarded hatches must be closed. The Government is requested to indicate the provision governing the appointment of a responsible person for the purposes mentioned in this paragraph of the Convention.

Article 36, paragraph 1(c). Referring to its previous comments the Committee notes, from the Government's report, that relevant provisions which give effect to this paragraph should be incorporated in the Regulations VGB 100 by the text of the 12th Supplement which was adopted after the end of the reporting period. The Government is requested to provide a copy of this text.

Article 38, paragraph 2. Further to its previous comments, the Committee notes the references to sections 8, 232 and 233 of the Accident Prevention Regulations for Maritime Navigation Enterprises as well as the general provisions of the Young Workers (Protection of Employment) Act of 12 April 1976 as amended, made by the Government in its latest report. It notes that those provisions are of a very general nature. The Committee recalls to the Government that this provision of the Convention contains special requirements of age (at least 18 years), necessary aptitudes and experience with respect to persons who can operate a lifting appliance or other cargo-handling appliance. The Government is requested to indicate measures taken or contemplated to ensure the application of this provision.

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

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.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee notes the Government's first and second reports as well as the laws and regulations appended to these reports.

1. It requests the Government to supply additional information on the following points:

Article 1 of the Convention. Please indicate whether the organisations of employers and workers concerned were consulted regarding the definition of dock work as it is established in practice and as it also appears in the Regulations on the prevention of accidents VBG, section 1.

Article 5, paragraph 2. Please indicate how effect is given to the above provision of the Convention by virtue of which, whenever two or more employers undertake activities simultaneously at one workplace, they shall have the duty to collaborate in order to comply with the prescribed measures without prejudice to the responsibility of each employer for the health and safety of his employees.

Article 16, paragraphs 1 and 2. Please indicate: (a) the measures that are contemplated in order to ensure the safe transport of workers when they have to be transported to or from a ship or other place by water (the Regulations appended to the reports appear to refer only to the safety conditions when embarking and disembarking) and; (b) the means used to transport workers to or from a workplace on land and the prescribed safety measures, apart from general regulations on road transport.

Article 20, paragraph 4. Please indicate whether safety measures have been adopted for the protection of workers when dry bulk cargo is being loaded or unloaded in any hold or 'tween deck or when a worker is required to work in a bin or hopper on board ship.

Article 36, paragraph 1(c). Please indicate the range of special medical investigations deemed necessary in the case of workers exposed to special occupational health hazards, as laid down in Annex 1 to Regulation VBG 100, section 2.

Article 38, paragraph 2. The Committee notes that section 29, paragraph 1, of Regulation VBG 9 provides for a minimum age of 18 years, although only for operators of lifting appliances. Please indicate whether this minimum age is also laid down for operators of other cargo-handling appliances and whether young persons assigned to these duties must possess the necessary aptitudes and experience, in accordance with the Convention.

2. The Committee would also be grateful if the Government: (a) would indicate the measures that have been taken to give effect to the following provisions of the Convention: Article 13, paragraphs 4, 5 and 6; Article 18, paragraphs 1 to 3; Article 19, paragraph 2; Article 26, paragraph 1(b); Article 27, paragraph 3; and (b) would supply with its next report information on the practical application of the Convention, in accordance with point V of the report form on the Convention.