Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Seychelles (Ratification: 2005)

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

The Committee notes the information provided by the Government in response to its 2013 direct request, including the annexed copies of the Occupational Safety and Health (Medical Examination) Regulations and the Occupational Safety and Health (Health and Welfare) Regulations, 1991, as well as the Occupational Safety Board Report for the period 2019–24, submitted with its report. The Committee further notes the copy of the National Occupational Safety and Health, 2017, submitted with the Government’s report on the application of the Occupational Safety and Health Convention, 1981 (No. 155).

Article 13 of the Convention. Machinery. The Committee notes the Government’s reference to comments from the port operator, indicating that it maintains a workshop staffed by trained mechanics responsible for ensuring that all dock machinery is kept in optimal working condition, in line with the machinery maintenance log. Machines are operated within their designated limits and safety standards and are equipped with built-in emergency “kill switches”. Only assigned operators and trained mechanics – limited to repair and testing – are authorized to handle the equipment, following operational and maintenance guidelines. Any adjustments to the machinery must be made prior to use or during repairs, and exclusively by a mechanic. The Committee further notes the Government’s indication that there are currently no legal provisions outlining the conditions or criteria for appointing a responsible or authorized person for the purposes set out in paragraphs 3 and 4 of this Article. The Committee requests the Government to take all necessary measures to give effect to Article 13(3) and (4) of the Convention.

Article 20(2) and (4). Hatch covers and handling of dry bulk. The Committee notes the Government’s reference to the port operator’s indication that Standard Operating Procedures are in place for the manoeuvring and placement of hatch covers during the handling of dry bulk cargo, as this operation requires the use of specific lifting equipment. The Committee requests the Government to specify the manner in which these internal procedures ensure that: (i) hatch covers and beams are not removed or replaced while working in the hold under the hatchway; and (ii) safe means of escape from bins or hoppers are provided for when dry bulk is being loaded or unloaded.

Article 25. Registers of lifting appliances and loose gear. The Committee notes the Government’s reference to the port operator’s indication that all services and certificates are recorded and available for insurance and other purposes. The Committee requests the Government to provide samples of the records, the register and certificates which have been kept under this Article of the Convention.

Article 26(1). Mutual recognition by Members of the arrangements made for the testing and certification of lifting appliances. The Committee notes the Government’s reference to the port operator’s indication that the company caters to its own onshore lifting equipment only. The Committee requests the Government to indicate any measures adopted or envisaged to ensure mutual recognition of the arrangements made by other Members for the testing and certification of lifting appliances.

Article 31. Safety of workers working with containers. The Committee notes the Government’s reference to the port operator’s indication that protocols and Standard Operation Procedures are in place to ensure safe, reliable and efficient practice within operation and port area in unification with Seychelles Port Authority policy and regulation. The Committee also notes the Government’s indication that there is no legislative provision in place in respect to paragraph 2 of this Article. The Committee requests the Government to take all necessary measures to give effect to this Article of the Convention, including to ensure the safety of workers lashing or unlashing containers, as provided for in its paragraph 2.

Article 36. Periodical medical examinations. The Committee notes that the Occupational Safety and Health (Medical Examination) Regulations, provided by the Government, is applicable to the medical examination requirements for workers employed in hazardous occupations enumerated in section 2 of such Regulations. While taking note of the Government’s reference to the port operator’s Health and Safety Policy, according to which a medical test is in place pre-renewal of contract for all permanent employees,the Committee requests the Government to specify, as required by Article 36 of the Convention, the equivalent regulations applicable to work involving loading and unloading operations in the port sector, and to indicate for which risks and the maximum intervals at which periodical medical examinations and special investigations are to be carried out.

Article 37. Safety and health committees. The Committee notes the Government’s indication that the review of the Occupational Safety and Health Decree is currently pending and that it has requested technical assistance from the Office in this respect. While noting that section 10.8 of the National Occupational Safety and Health Policy provides that the implementation of innovative approaches at the workplace level, such as self-audit and Occupational safety and health committees should be encouraged and promoted to ensure the proper monitoring of the work environment with the cooperation of workers, the Committee requests the Government to provide information on all developments regarding the establishment, composition and function of the safety and health committees required under this Article, in consultation with the social partners, and to submit a copy of the relevant legislation once adopted.

Article 38(1). Adequate instruction and training. The Committee notes from the Occupational Safety Board’s 2019–24 report that advocacy campaigns, educational programmes and outreach efforts are in place to raise awareness on the importance of workplace safety and promote proactive risk management. The board further endeavours to prevent accidents and reduce hazards by enhancing collaboration with stakeholders to develop and implement safety protocols and guidelines. The Committee also notes the Government’s reference to the port operator’s comment, highlighting its reliable long-term team of experienced and knowledgeable casual stevedores. The Committee requests the Government to indicate how instruction and training is provided for workers engaged in dock work, particularly in relation to the potential risks attaching to the work and the main precautions to be undertaken. 

Article 41(a) and (c). Institutional restructuring. Bodies concerned with dock work. Inspection. The Committee notes the Government’s reference to the port operator’s indication that the company’s Standards Operation Procedures ensure that safety measures are enforced and maintained. The Committee requests the Government to provide detailed information on the obligations of the bodies concerned with dock work as set out in the Convention, and their functions and obligations relating to occupational safety and health, as established by Article 41(a) and the manner in which effect is given to Article 41(c) of the Convention.

Part V of the report form. Application in practice. The Committee notes the Government’s indication that additional occupational safety and health inspections are envisaged to ensure that dock work is carried out as per the provisions of the Convention. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the Country and attach extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions, occupational accidents and diseases reported, the penalties imposed, and preventive and remedial actions undertaken. The Committee also requests the Government to provide copies of the internal policy regulations applicable to the private port operator mentioned in its report.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Legislation. Noting that the Occupational Safety and Health (Medical Examination) Regulations and the Occupational Safety and Health (Health and Welfare) Regulations, 1991, are not annexed to the report, the Committee requests the Government to transmit a copy of these texts with its next report.

Article 6(1)(b) of the Convention. Reasonable care by workers for their own safety and that of others who may be affected by their acts. The Committee notes the Government’s indication that while Part II of the Occupational Safety and Health Decree, Chapter 151, makes provision for the general duty of employees to take reasonable care for their own safety and that of others, the topic will be covered in a more detailed manner when the proposed National Policy on Occupational Safety and Health comes into force. The Committee would be grateful for the Government to keep the ILO informed on the development of the National Policy on Occupational Safety and Health, and to submit a copy of the policy document once it is adopted.

Article 7(2). Consultation with employers and workers. The Committee notes the information provided by the Government with regard to Part III of the Occupational Safety and Health Decree, Chapter 151, which establishes the Occupational Safety Board, comprised of government, employer and worker representatives. The Committee would be grateful for the Government to provide further information concerning the work of the Occupational Safety Board, including indications on the consultations held during the period covered by its next report and its results.

Article 12. Fighting fire. In its report, the Government states that this Article is in accordance to aforementioned laws and legislations, without providing further details or referencing particular legislative dispositions. The Committee asks the Government to provide further information on suitable and adequate means for fighting fire, in accordance with Article 12 of the Convention and to indicate the relevant articles of the legislation.

Article 13. Machinery. The Committee notes from the Government’s report that no information is provided regarding paragraphs 1 and 2 of this Article. The Committee also notes that the Occupational Safety and Health (Dock Work) Regulation 2012 stipulates that the Minister may appoint a competent person to enforce the regulations. However, the Committee notes that the 2012 Regulation does not detail the conditions or criteria considered by the Minister when appointing a responsible or authorized person. The Committee asks the Government to provide information on the effect given to paragraphs 1 and 2, and to provide details on the provisions governing the appointment of a responsible or authorized person for the purposes enumerated in paragraphs 3 and 4 of Article 13 of the Convention.

Article 20(1). Safety in the context of unloading and loading operations. The Committee notes that although section 4(e) of the Occupational Safety and Health Decree, Chapter 151, states that an employer has the duty to provide and maintain a safe working environment for his workers, the report does not specifically mention measures to be taken to ensure the safety of workers required to be in a ship’s hold or on its cargo deck when power vehicles operate in that hold. The Committee would be grateful if the Government would provide information regarding worker safety when power vehicles or power-operated appliances are in use in the vicinity.

Article 22(1). Examination of lifting appliances and items of loose gear. In its report, the Government refers to Part V of the Occupational Safety and Health (Dock Work) Regulation 2012, where section 14(1) prescribes that all lifting machinery and lifting gear shall have been tested and examined by a competent person before being taken into use. The Committee asks the Government to provide information on measures taken, in law and in practice, to ensure that all machinery and lifting gear is tested after any substantial alteration or repair liable to affect its safety, in accordance with Article 22(1) of the Convention.

Article 31. Safety of workers working with containers. The Government’s report indicates that many measures are in place to ensure worker safety in container terminals, as provided for in paragraph 1 of this Article. With regards to paragraph 2, the Government states that no workers are allowed to enter a container stacking area without authorization or permission. The Committee notes however that the Government does not refer to any legislation that provides for these measures. The Committee asks the Government to indicate any legislative dispositions giving effect to this Article of the Convention, and requests further details concerning means provided for ensuring the safety of workers lashing or unlashing containers, as provided for in paragraph 2 of this Article.

Article 36. Periodical medical examinations. The Committee notes that in its report, the Government refers to the Occupational Safety and Health (Medical Examination) Regulations to demonstrate the effect given to this Article of the Convention. As the legislative text is not included in the file, the Committee is unable to assess whether full effect is given to this provision of the Convention. The Committee would be grateful for the Government to provide to the Office a copy of the legislation referenced in the report, and to indicate the measures taken to give effect to this provision of the Convention.

Article 37. Safety and health committees. The Committee notes that the review of the Occupational Safety and Health Decree, undertaken in May 2013, has made provisions for the establishment of Safety and Health Committees for organizations with more than 50 employees. The Committee would be grateful for the Government to keep the ILO informed on the review of the Decree, and to submit a copy of the relevant legislation once it is adopted.

Articles 5(2), 6(1)(c), 6(2), 8, 23, 25, 26(1), 26(2)(a), 28, 29, 38(2) and 41(a) and (c). The Committee notes the insufficiency of information regarding the application of these Articles of the Convention. The Committee asks the Government to indicate, in detail and with reference to relevant legislation when applicable, measures taken or envisaged to ensure that full effect given in law and in practice to these Articles of the Convention.

Articles 11, 20(2) and (4), 30, 38(1) and 42. The Committee notes that the legislation referenced by the Government under these Articles of the Convention does not fully apply these provisions. The Committee asks the Government to provide further information on measures taken to ensure that full effect is given, in law and in practice, to these provisions of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country and attach extracts from the reports of inspection services, information on the number of workers covered by the legislation, the number and nature of contraventions reported and the resulting action taken.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes the Government’s report, and the attached draft regulation, indicating that an occupational safety and health (dock work) regulation has been drafted to give effect to the provisions of the Convention, and that the Government intends to submit a first report for this Convention once the regulation has been adopted. The Committee further notes that the regulation has been discussed on the Occupational Safety and Health Board, which has tripartite membership. The Committee asks the Government to submit a detailed first report indicating the measures in law and in practice which give full effect to all the provisions of the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with interest the Government’s report, and the attached draft regulation, indicating that an occupational safety and health (dock work) regulation has been drafted to give effect to the provisions of the Convention, and that the Government intends to submit a first report for this Convention once the regulation has been adopted. The Committee further notes that the regulation has been discussed on the Occupational Safety and Health Board, which has tripartite membership. The Committee asks the Government to submit a detailed first report indicating the measures in law and in practice which give full effect to all the provisions of the Convention.

[The Government is asked to report in detail in 2012.]