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职业安全与健康(码头工作)公约(一)

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职业安全与健康(码头工作)公约
CONVENTION No. 152 Convention concerning Occupational Safety andHealth (Dock Work)

第152号公约
颁布日期:19790625  实施日期:19811205  颁布单位:日内瓦

  [Date of coming into force: 5 December 1981.]

  The General Conference of the International Labour Organization,

  Having been convened at Geneva by the Governing Body of theInternational Labour Office, and having met in its Sixty-fifth Session on6 June 1979, and

  Noting the terms of existing international labour Conventions andRecommendations which are relevant and, in particular, the Marking ofWeight (Packages Transported by Vessels) Convention, 1929, the Guardingof Machinery Convention, 1963, and the Working Environment (Air Pollution,Noise and Vibration) Convention, 1977, and

  Having decided upon the adoption of certain proposals with regard tothe revision of the Protection against Accidents (Dockers) Convention(Revised), 1932 (No. 32), which is the fourth item on the agenda of thesession, and

  Considering that these proposals must take the form of aninternational Convention, adopts this twenty-fifth day of June of theyear one thousand nine hundred and seventy-nine the following Convention,which may be cited as the Occupational Safety and Health (Dock Work)Convention, 1979:

  PART I. SCOPE AND DEFINITIONS

  Article 1

  For the purpose of this Convention, the term “dock work” covers alland any part of the work of loading or unloading any ship as well as anywork incidental thereto; the definition of such work shall be establishedby national law or practice. The organizations of employers and workersconcerned shall be consulted on or otherwise participate in theestablishment and revision of this definition.

  Article 2

  1. A Member may grant exemptions from or permit exceptions to theprovisions of this Convention in respect of dock work at any place wherethe traffic is irregular and confined to small ships, as well as inrespect of dock work in relation to fishing vessels or specifiedcategories thereof, on condition that

  (a) safe working conditions are maintained; and

  (b) the competent authority, after consultation with theorganizations of employers and workers concerned, is satisfied that it isreasonable in all the circumstances that there be such exemptions orexceptions.

  2. Particular requirements of Part III of this Convention may bevaried if the competent authority is satisfied, after consultation withthe organizations of employers and workers concerned, that the variationsprovide corresponding advantages and that the over-all protection affordedis not inferior to that which would result from the full application ofthe provisions of this Convention.

  3. Any exemptions or exceptions made under paragraph 1 of this Articleand any significant variations made under paragraph 2 of this Article, aswell as the reasons therefor, shall be indicated in the reports on theapplication of the Convention submitted in pursuance of article 22 of theConstitution of the International Labour Organization.

  Article 3

  For the purpose of this Convention

  (a) the term “worker” means any person engaged in dock work;

  (b) the term “competent person” means a person possessing theknowledge and experience required for the performance of a specific dutyor duties and acceptable as such to the competent authority;

  (c) the term “responsible person” means a person appointed by theemployer, the master of the ship or the owner of the gear, as the case maybe, to be responsible for the performance of a specific duty or duties andwho has sufficient knowledge and experience and the requisite authorityfor the proper performance of the duty or duties;

  (d) the term “authorised person” means a person authorised by theemployer, the master of the ship or a responsible person to undertake aspecific task or tasks and possessing the necessary technical knowledgeand experience;

  (e) the term “lifting appliance” covers all stationary or mobilecargo-handling appliances, including shore-based power-operated ramps,used on shore or on board ship for suspending, raising or lowering loadsor moving them from one position to another while suspended or supported;

  (f) the term “loose gear” covers any gear by means of which a loadcan be attached to a lifting appliance but which does not form an integralpart of the appliance or load;

  (g) the term “access” includes egress;

  (h) the term “ship” covers any kind of ship, vessel, barge,lighter or hovercraft, excluding ships of war.

  PART II. GENERAL PROVISIONS

  Article 4

  1. National laws or regulations shall prescribe that measurescomplying with Part III of this Convention be taken as regards dock workwith a view to

  (a) providing and maintaining workplaces, equipment and methods ofwork that are safe and without risk of injury to health;

  (b) providing and maintaining safe means of access to anyworkplace;

  (c) providing the information, training and supervision necessaryto ensure the protection of workers against risks of accident or injury tohealth arising out of or in the course of their employment;

  (d) providing workers with any personal protective equipment andprotective clothing and any life-saving appliances reasonably requiredwhere adequate protection against risks of accident or injury to healthcannot be provided by other means;

  (e) providing and maintaining suitable and adequate first-aid andrescue facilities;

  (f) developing and establishing proper procedures to deal with anyemergency situations which may arise.

  2. The measures to be taken in pursuance of this Convention shallcover

  (a) general requirements relating to the construction, equippingand maintenance of dock structures and other places at which dock work iscarried out;

  (b) fire and explosion prevention and protection;

  (c) safe means of access to ships, holds, staging, equipment andlifting appliances;

  (d) transport of workers;

  (e) opening and closing of hatches, protection of hatchways andwork in holds;

  (f) construction, maintenance and use of lifting and othercargo-handling appliances;

  (g) construction, maintenance and use of staging;

  (h) rigging and use of ship's derricks;

  (i) testing, examination, inspection and certification, asappropriate, of lifting appliances, of loose gear, including chains andropes, and of slings and other lifting devices which form an integral partof the load;

  (j) handling of different types of cargo;

  (k) stacking and storage of goods;

  (l) dangerous substances and other hazards in the workingenvironment;

  (m) personal protective equipment and protective clothing;

  (n) sanitary and washing facilities and welfare amenities;

  (o) medical supervision;

  (p) first-aid and rescue facilities;

  (q) safety and health organization;

  (r) training of workers;

  (s) notification and investigation of occupational accidents anddiseases.

  3. The practical implementation of the requirements prescribed inpursuance of paragraph 1 of this Article shall be ensured or assisted bytechnical standards or codes of practice approved by the competentauthority, or by other appropriate methods consistent with nationalpractice and conditions.

  Article 5

  1. National laws or regulations shall make appropriate persons,whether employers, owners, masters or other persons, as the case may be,responsible for compliance with the measures referred to in Article 4,paragraph 1, of this Convention.

  2. Whenever two or more employers undertake activities simultaneouslyat one workplace, they shall have the duty to collaborate in order tocomply with the prescribed measures, without prejudice to theresponsibility of each employer for the health and safety of hisemployees. In appropriate circumstances, the competent authority shallprescribe general procedures for this collaboration.

  Article 6

  1. There shall be arrangements under which workers

  (a) are required neither to interfere without due cause with theoperation of, nor to misuse, any safety device or appliance provided fortheir own protection or the protection of others;

  (b) take reasonable care for their own safety and that of otherpersons who may be affected by their acts or omissions at work;

  (c) report forthwith to their immediate supervisor any situationwhich they have reason to believe could present a risk and which theycannot correct themselves, so that corrective measures can be taken.

  2. Workers shall have a right at any workplace to participate inensuring safe working to the extent of their control over the equipmentand methods of work and to express views on the working procedures adoptedas they affect safety. In so far as appropriate under national law andpractice, where safety and health committees have been formed inaccordance with Article 37 of this Convention, this right shall beexercised through these committees.

  Article 7

  1. In giving effect to the provisions of this Convention by nationallaws or regulations or other appropriate methods consistent with nationalpractice and conditions, the competent authority shall act in consultationwith the organizations of employers and workers concerned.

  2. Provision shall be made for close collaboration between employersand workers or their representatives in the application of the measuresreferred to in Article 4, paragraph 1, of this Convention.

  PART III. TECHNICAL MEASURES

  Article 8

  Any time that a workplace has become unsafe or there is a risk ofinjury to health, effective measures shall be taken (by fencing, flaggingor other suitable means including, where necessary, cessation of work) toprotect the workers until the place has been made safe again.

  Article 9

  1. All places where dock work is being carried out and any approachesthereto shall be suitably and adequately lighted.

  2. Any obstacle liable to be dangerous to the movement of a liftingappliance, vehicle or person shall, if it cannot be removed for practicalreasons, be suitably and conspicuously marked and, where necessary,adequately lighted.

  Article 10

  1. All surfaces used for vehicle traffic or for the stacking of goodsor materials shall be suitable for the purpose and properly maintained.

  2. Where goods or materials are stacked, stowed, unstacked orunstowed, the work shall be done in a safe and orderly manner havingregard to the nature of the goods or materials and their packing.

  Article 11

  1. Passageways of adequate width shall be left to permit the safe useof vehicles and cargo-handling appliances.

  2. Separate passageways for pedestrian use shall be provided wherenecessary and practicable; such passageways shall be of adequate widthand, as far as is practicable, separated from passageways used byvehicles.Article 12

  Suitable and adequate means for fighting fire shall be provided andkept available for use where dock work is carried out.

  Article 13

  1. All dangerous parts of machinery shall be effectively guarded,unless they are in such a position or of such a construction as to be assafe as they would be if effectively guarded.

  2. Effective measures shall be provided for promptly cutting off thepower to any machinery in respect of which this is necessary, in anemergency.

  3. When any cleaning, maintenance or repair work that would expose anyperson to danger has to be undertaken on machinery, the machinery shall bestopped before this work is begun and adequate measures shall be taken toensure that the machinery cannot be restarted until the work has beencompleted: Provided that a responsible person may restart the machineryfor the purpose of any testing or adjustment which cannot be carried outwhile the machinery is at rest.

  4. Only an authorised person shall be permitted to

  (a) remove any guard where this is necessary for the purpose of thework being carried out;

  (b) remove a safety device or make it inoperative for the purposeof cleaning, adjustment or repair.

  5. If any guard is removed, adequate precautions shall be taken, andthe guard shall be replaced as soon as practicable.

  6. If any safety device is removed or made inoperative, the deviceshall be replaced or its operation restored as soon as practicable andmeasures shall be taken to ensure that the relevant equipment cannot beused or inadvertently started until the safety device has been replaced orits operation restored.

  7. For the purpose of this Article, the term “machinery” includes anylifting appliance, mechanised hatch cover or power-driven equipment.

  Article 14

  All electrical equipment and installations shall be so constructed,installed, operated and maintained as to prevent danger and shall conformto such standards as have been recognised by the competent authority.

  Article 15

  When a ship is being loaded or unloaded alongside a quay or anothership, adequate and safe means of access to the ship, properly installedand secured, shall be provided and kept available.

  Article 16

  1. When workers have to be transported to or from a ship or otherplace by water, adequate measures shall be taken to ensure their safeembarking, transport and disembarking; the conditions to be complied withby the vessels used for this purpose shall be specified.

  2. When workers have to be transported to or from a workplace on land,means of transport provided by the employer shall be safe.

  Article 17

  1. Access to a ship's hold or cargo deck shall be by means of

  (a) a fixed stairway or, where this is not practicable, a fixedladder or cleats or cups of suitable dimensions, of adequate strength andproper construction; or

  (b) by other means acceptable to the competent authority.

  2. So far as is reasonably practicable, the means of access specifiedin this Article shall be separate from the hatchway opening.

  3. Workers shall not use, or be required to use, any other means ofaccess to a ship's hold or cargo deck than those specified in thisArticle.

  Article 18

  1. No hatch cover or beam shall be used unless it is of soundconstruction, of adequate strength for the use to which it is to be putand properly maintained.

  2. Hatch covers handled with the aid of a lifting appliance shall befitted with readily accessible and suitable attachments for securing theslings or other lifting gear.

  3. Where hatch covers and beams are not interchangeable, they shall bekept plainly marked to indicate the hatch to which they belong and theirposition therein.

  4. Only an authorised person (whenever practicable a member of theship's crew) shall be permitted to open or close power-operated hatchcovers; the hatch covers shall not be opened or closed while any person isliable to be injured by the operation of the covers.

  5. The provisions of paragraph 4 of this Article shall apply, mutatismutandis, to power-operated ship's equipment such as a door in the hull ofa ship, a ramp, a retractable car deck or similar equipment.

  Article 19

  1. Adequate measures shall be taken to protect any opening in or on adeck where workers are required to work, through which opening workers orvehicles are liable to fall.

  2. Every hatchway not fitted with a coaming of adequate height andstrength shall be closed or its guard replaced when the hatchway is nolonger in use, except during short interruptions of work, and aresponsible person shall be charged with ensuring that these measures arecarried out.

  Article 20

  1. All necessary measures shall be taken to ensure the safety ofworkers required to be in the hold or on a cargo deck of a ship when powervehicles operate in that hold or loading or unloading operations aretaking place with the aid of power-operated appliances.

  2. Hatch covers and beams shall not be removed or replaced while workis in progress in the hold under the hatchway. Before loading or unloadingtakes place, any hatch cover or beam that is not adequately securedagainst displacement shall be removed.

  3. Adequate ventilation shall be provided in the hold or on a cargodeck by the circulation of fresh air to prevent risks of injury to healtharising from the fumes emitted by internal combustion engines or fromother sources.

  4. Adequate arrangements, including safe means of escape, shall bemade for the safety of persons when dry bulk cargo is being loaded orunloaded in any hold or' tween deck or when a worker is required to workin a bin or hopper on board ship.

  Article 21

  Every lifting appliance, every item of loose gear and every sling orlifting device forming an integral part of a load shall be

  (a) of good design and construction, of adequate strength for thepurpose for which it is used, maintained in good repair and working orderand, in the case of a lifting appliance in respect of which this isnecessary, properly installed;

  (b) used in a safe and proper manner and, in particular, shall notbe loaded beyond its safe working load or loads, except for testingpurposes as specified and under the direction of a competent person.

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