Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) - Sierra Leone (Ratification: 1961)

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

Legal framework giving effect to the Convention. The Committee notes the Government’s indication that section 125 of the Sierra Leone Ports and Harbours Authority Act, 2023 (hereinafter: the Act) empowers employees or agents of the Authority to take necessary steps to prevent the occurrence of any accident in port areas and, in case of occurrence, take swift actions to repair any damage caused by the accident. The Committee further notes that pursuant to the Act, the Authority is competent to develop and enforce safety and health standards (section 13(2)(d)), provide and maintain port infrastructure and access to port facilities (section 15(1)(c–d)), as well as regulate the loading/unloading and storage of cargo (section 122(1)(c)). In the same vein, the Committee notes that the Authority’s Staff Handbook, 2023, includes various general obligations regarding occupational health and safety (part. 3.1), for instance, the obligation to “install and maintain facilities and equipment in accordance with accepted standards and best practices” (section 3.1.4). The Handbook also stipulates that “all employees are expected to use their training, personal experiences, skills and judgment […] to prevent and/or reduce the occurrence of accidents in the workplace” (section 3.2).

The Committee observes that according to information available on the Authority’s website, core port activities are carried out by private port operators; for instance, the port of Freetown – which handles about 80 per cent of the country’s trade. In this regard, the Committee notes from the Human Resources Policies and Procedures Manual of one of the companies, provided by the Government, that several provisions are included concerning health and safety requirements, related to, for instance, the prevention and compensation of accidents and injuries and the provision and use of safety gear (section 4.8.1), the mandatory training in first aid for selected staff (section 6.3.4), the obligations of the company to ensure health and safety (by providing a safe workplace, safe access to and exit from the workplace, first-aid facilities, safe plant and equipment, appropriate information, instruction, training and supervision, etc.) (section 9.1), as well as the applicable procedure in case of an accident (completion of a report form, investigation, etc.) (sections 9.2–9.3). The Committee also observes that pursuant to section 16(b) of the Act, the Authority shall ensure that “orderly, efficient and reliable transfer of cargo […] between sea and land” is provided by port operators. Finally, from a general perspective, the Committee notes that pursuant to section 16 of the Employment Regulations, 2023, employers must ensure the occupational safety and health of workers and provide them with training and personal protective equipment (d), means of secure access into and out of the workplace (g), as well as ensure that plants, tools, equipment, premises and work processes used in the workplace are safe, while taking necessary precautions to prevent accidents, injuries or harm to workers (n).

While taking due note of the above, the Committee emphasizes that these provisions are of a general nature and do not implement the specific requirements, including technical ones, set out in the Articles of the Convention. The Committee notes the Government’s indication that a draft legislation on occupational safety and health for all workers is awaiting the commencement of the legislative processes for enactment and that it seeks to incorporate provisions applicable to dockworkers specifically. The Committee requests the Government to provide information on any developments concerning the enactment of the said law, as well as to specify any other envisaged or existing provisions implementing the measures set out in the Convention (for instance, safety and health standards or regulations on the loading/unloading and storage of cargo drafted by the Authority, pursuant to sections 13(2)(d) and 122(1)(c) of the Act).

Furthermore, noting that no reply was given to is previous request thereon, the Committee requests the Government to indicate whether the Docks Regulation (safety of wharf dockers) Rules, 1960, are still in force to ensure the protection of dockers against accidents.

Part V of the report form. Application in practice. The Committee notes that pursuant to the Employment Act, 2023, the Commissioner of Labour and Employment is competent to carry out inspections (section 5(1)(a)) and issues an annual report which shall include, inter alia, statistics of inspection visits, violations, offences and penalties imposed, as well as industrial accidents (section 8(2)(d)(ii–iii)). In this respect, the Committee notes that the Act empowers the Authority to take any steps necessary to monitor the activities of concessionaires and licensees (section 18(a)) and provides for the possibility for an authorized person to carry out routine inspections in any premises occupied by a concessionaire or licensee (section 126(1)). Despite these provisions, the Government indicates that there is currently no available information on the number of inspections carried out and the number of contraventions reported, given the recency of the applicable legislation. The Committee also takes note of the issues raised during deliberations between the Government and the key stakeholders in the sector concerning the application of the Convention, namely: (i) the competent authorities operate in silos instead of complementing each other, and are not equipped with the required tools to properly carry out inspections; (ii) the Ports and Harbours Authority does not have the required capacity to implement and enforce the Convention; (iii) the Factories Act, 1974 (cited in the previous Government’s report as part of the relevant legislation), is considered inadequate to implement the Convention; and (iv) given the absence of effective monitoring, concessionaires are not necessarily working within the current legal framework.

The Committee further notes the detailed information provided by the Government concerning the number, nature and causes of accidents reported between 2020 and 2024. The Committee notes the general increase in the number of accidents reported (6 in 2020, compared to 26 in 2024) and observes that although the damage is strictly material in most cases, bodily injuries were caused on several occasions, as well as two fatalities. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, including detailed statistics on the number of workers covered by the relevant legislation. It requests the Government to provide, in its next report, copies of annual reports of the Commissioner of Labour and Employment or to provide information, in any other way, on the number of inspections carried out and contraventions reported in the port sector. Finally, the Committee requests the Government to provide information on any measures taken or envisaged to address the issues and difficulties identified during deliberations between the Government and key stakeholders in the sector as regards the application of the Convention, including under the most recent legal framework.

Prospects for the ratification of the most up-to-date Convention. The Committee takes note of the indication that the Government is currently holding consultations with the relevant stakeholders on the adoption of the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152). The Committee encourages the Government to continue taking the necessary steps to ratify Convention No. 152 and requests it to provide information on any developments in this respect.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Legislation giving effect to the Convention. The Committee notes the information provided by the Government regarding the legislative and regulatory framework that implements the provisions of the Convention, and in particular the indication that the Factories Act of 1974 provides for the protection of workers, including seamen, and that the Maritime Administration ensures that ship-owners comply with the provisions of Part XIII and Section 193 of the Merchant Shipping Act, 2003, which concerns occupational safety and health for seamen. While taking note of this information, the Committee wishes to recall that the provisions of the Convention aim to provide protection to dockers against accidents while performing on shore or on board ship work of loading or unloading any ship engaged in maritime or inland navigation in, on, or at any maritime or inland port, harbour, dock, wharf, quay or similar place at which such work is carried on. In this regard, the Committee recalls that in previous reports, the Government had referred to the Docks Regulation (safety of wharf dockers) Rules, 1960, as implementing the Convention. However, it appears unclear whether these Rules are still in force to ensure the protection of dockers against accidents. Consequently, the Committee requests the Government to specify any up-to-date legislation or regulations that give effect to the provisions of the Convention for the protection of dockers against accidents.

Part V of the report form. Application in practice. The Committee notes the Government’s indication that in practice, accidents are reported to the Ministry of Labour and Social Security; investigations are conducted and compensations are computed in collaboration with the Ministry of Health and Sanitation; and employers then pay compensations to victims, where necessary. The Committee requests the Government to provide available information on the number of inspections carried out in relation to the enforcement of regulations prescribed for the protection of the dockworkers against accidents, the number of contraventions reported, as well as statistical data on the number, nature and causes of accidents recorded in cargo handling operations.

Prospects for the ratification of the most up-to-date Convention. The Committee encourages the Government to review the decision adopted by the Governing Body at its 328th Session (October–November 2016) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which is the most up-to-date instrument in this subject area. The Committee requests the Government to provide information on any measures taken in this regard.