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职业安全与健康(码头工作)公约(二)

2006-05-18 16:58   我要纠错 | 打印 | 收藏 | | |

  Article 22

  1. Every lifting appliance and every item of loose gear shall betested in accordance with national laws or regulations by a competentperson before being put into use for the first time and after anysubstantial alteration or repair to any part liable to affect its safety.

  2. Lifting appliances forming part of a ship's equipment shall bere-tested at least once in every five years.

  3. Shore-based lifting appliances shall be re-tested at such times asprescribed by the competent authority.

  4. Upon the completion of every test of a lifting appliance or item ofloose gear carried out in accordance with this Article, the appliance orgear shall be thoroughly examined and certified by the person carrying outthe test.

  Article 23

  1. In addition to the requirements of Article 22, every liftingappliance and every item of loose gear shall be periodically thoroughlyexamined and certified by a competent person. Such examinations shall takeplace at least once in every 12 months.

  2. For the purpose of paragraph 4 of Article 22 and of paragraph 1 ofthis Article, a thorough examination means a detailed visual examinationby a competent person, supplemented if necessary by other suitable meansor measures in order to arrive at a reliable conclusion as to the safetyof the appliance or item of loose gear examined.

  Article 24

  1. Every item of loose gear shall be inspected regularly before use.Expendable or disposable slings shall not be reused. In the case ofpre-slung cargoes, the slings shall be inspected as frequently as isreasonable practicable.

  2. For the purpose of paragraph 1 of this Article, an inspection meansa visual inspection by a responsible person carried out to decide whether,so far as can be ascertained in such manner, the gear or sling is safe forcontinued use.

  Article 25

  1. Such duly authenticated records as will provide prima facieevidence of the safe condition of the lifting appliances and items ofloose gear concerned shall be kept, on shore or on the ship as the casemay be; they shall specify the safe working load and the dates and resultsof the tests, thorough examinations and inspections referred to inArticles 22, 23 and 24 of this Convention: Provided that in the case ofinspections referred to in paragraph 1 of Article 24 of this Convention, arecord need only be made where the inspection discloses a defect.

  2. A register of the lifting appliances and items of loose gear shallbe kept in a form prescribed by the competent authority, account beingtaken of the model recommended by the International Labour Office.

  3. The register shall comprise certificates granted or recognised asvalid by the competent authority, or certified true copies of the saidcertificates, in a form prescribed by the competent authority, accountbeing taken of the models recommended by the International Labour Officein respect of the testing, thorough examination and inspection, as thecase may be, of lifting appliances and items of loose gear.

  Article 26

  1. With a view to ensuring the mutual recognition of arrangements madeby Members which have ratified this Convention for the testing, thoroughexamination, inspection and certification of lifting appliances and itemsof loose gear forming part of a ship's equipment and of the recordsrelating thereto

  (a) the competent authority of each Member which has ratified theConvention shall appoint or otherwise recognise competent persons ornational or international organizations to carry out tests and/or thoroughexaminations and related functions, under conditions that ensure that thecontinuance of appointment or recognition depends upon satisfactoryperformance;

  (b) Members which have ratified the Convention shall accept orrecognise those appointed or otherwise recognised pursuant to subparagraph(a) of this paragraph, or shall enter into reciprocal arrangements withregard to such acceptance or recognition; in either case, acceptance orrecognition shall be under conditions that make their continuancedependent upon satisfactory performance.

  2. No lifting appliance, loose gear or other cargo-handling applianceshall be used if

  (a) the competent authority is not satisfied by reference to acertificate of test or examination or to an authenticated record, as thecase may be, that the necessary test, examination or inspection has beencarried out in accordance with the provisions of this Convention; or

  (b) in the view of the competent authority, the appliance or gearis not safe for use.

  3. Paragraph 2 of this Article shall not be so applied as to causedelay in loading or unloading a ship where equipment satisfactory to thecompetent authority is used.

  Article 27

  1. Every lifting appliance (other than a ship's derrick) having asingle safe working load and every item of loose gear shall be clearlymarked with its safe working load by stamping or, where this isimpracticable, by other suitable means.

  2. Every lifting appliance (other than a ship's derrick) having morethan one safe working load shall e fitted with effective means of enablingthe driver to determine the safe working load under each condition of use.

  3. Every ship's derrick (other than a derrick crane) shall be clearlymarked with the safe working loads applying when the derrick is used

  (a) in single purchase;

  (b) with a lower cargo block;

  (c) in union purchase in all possible block positions.

  Article 28

  Every ship shall carry rigging plans and any other relevantinformation necessary to permit the safe rigging of its derricks andaccessory gear.

  Article 29

  Pallets and similar devices for containing or supporting loads shallbe of sound construction, of adequate strength and free from visibledefects liable to affect their safe use.

  Article 30

  Loads shall not be raised or lowered unless slung or otherwiseattached to the lifting appliance in a safe manner.

  Article 31

  1. Every freight container terminal shall be so laid out and operatedas to ensure so far as is reasonably practicable the safety of theworkers.

  2. In the case of ships carrying containers, means shall be providedfor ensuring the safety of workers lashing or unlashing the containers.

  Article 32

  1. Any dangerous cargo shall be packed, marked and labelled, handled,stored and stowed in accordance with the relevant requirements ofinternational regulations applying to the transport of dangerous goods bywater and those dealing specifically with the handling of dangerous goodsin ports.

  2. Dangerous substances shall not be handled, stored or stowed unlessthey are packed and marked and labelled in compliance with internationalregulations for the transport of such substances.

  3. If receptacles or containers of dangerous substances are broken ordamaged to a dangerous extent, dock work, other than that necessary toeliminate danger, shall be stopped in the area concerned and the workersremoved to a safe place until the danger has been eliminated.

  4. Adequate measures shall be taken to prevent the exposure of workersto toxic or harmful substances or agents, or oxygen-deficient or flammableatmospheres.

  5. Where workers are required to enter any confined space in whichtoxic or harmful substances are liable to be present or in which there isliable to be an oxygen deficiency, adequate measures shall be taken toprevent accidents or injury to health.

  Article 33

  Suitable precautions shall be taken to protect workers against theharmful effects of excessive noise at the workplace.

  Article 34

  1. Where adequate protection against risks of accident or injury tohealth cannot be ensured by other means, workers shall be provided withand shall be required to make proper use of such personal protectiveequipment and protective clothing as is reasonably required for theperformance of their work.

  2. Workers shall be required to take care of that personal protectiveequipment and protective clothing.

  3. Personal protective equipment and protective clothing shall beproperly maintained by the employer.

  Article 35

  In case of accident, adequate facilities, including trained personnel,shall be readily available for the rescue of any person in danger, for theprovision of first aid and for the removal of injured persons in so far asis reasonably practicable without further endangering them.

  Article 36

  1. Each Member shall determine, by national laws or regulations orother appropriate methods consistent with national practice andconditions, and after consultation with the organizations of employers andworkers concerned

  (a) for which risks inherent in the work there is to be an initialmedical examination or a periodical medical examination, or both;

  (b) with due regard to the nature and degree of the risks and theparticular circumstances, the maximum intervals at which periodicalmedical examinations are to be carried out;

  (c) in the case of workers exposed to special occupational healthhazards, the range of special investigations deemed necessary;

  (d) appropriate measures for the provision of occupational healthservices for workers.

  2. All medical examinations and investigations carried out inpursuance of paragraph 1 of this Article shall be free of cost to theworker.

  3. The records of the medical examinations and the investigationsshall be confidential.

  Article 37

  1. Safety and health committees including employers' and workers'representatives shall be formed at every port where there is a significantnumber of workers. Such committees shall also be formed at other ports asnecessary.

  2. The establishment, composition and functions of such committeesshall be determined by national laws or regulations or other appropriatemethods consistent with national practice and conditions, afterconsultation with the organizations of employers and workers concerned,and in the light of local circumstances.

  Article 38

  1. No worker shall be employed in dock work unless he has been givenadequate instruction or training as to the potential risks attaching tohis work and the main precautions to be taken.

  2. A lifting appliance or other cargo-handling appliance shall beoperated only by a person who is at least 18 years of age and whopossesses the necessary aptitudes and experience or a person undertraining who is properly supervised.

  Article 39

  To assist in the prevention of occupational accidents and diseases,measures shall be taken to ensure that they are reported to the competentauthority and, where necessary, investigated.

  Article 40

  In accordance with national laws or regulations or national practice,a sufficient number of adequate and suitable sanitary and washingfacilities shall be provided and properly maintained at each dock,wherever practicable within a reasonable distance of the workplace.

  PART IV. IMPLEMENTATION

  Article 41

  Each Member which ratifies this Convention shall

  (a) specify the duties in respect of occupational safety and healthof persons and bodies concerned with dock work;

  (b) take necessary measures, including the provision ofappropriate penalties, to enforce the provisions of the Convention;

  (c) provide appropriate inspection services to supervise theapplication of the measures to be taken in pursuance of the Convention, orsatisfy itself that appropriate inspection is carried out.

  Article 42

  1. National laws or regulations shall prescribe the time-limits withinwhich the provisions of this Convention shall apply in respect of

  (a) the construction or equipping of a ship;

  (b) the construction or equipping of any shore-based liftingappliance or other cargo-handling appliance;

  (c) the construction of any item of loose gear.

  2. The time-limits prescribed pursuant to paragraph 1 of this Articleshall not exceed four years from the date of ratification of theConvention.

  PART V. FINAL PROVISIONS

  Article 43

  This Convention revises the Protection against Accidents (Dockers)Convention, 1929, and the Protection against Accidents (Dockers)Convention (Revised), 1932.

  Article 44

  The formal ratifications of this Convention shall be communicated tothe Director-General of the International Labour Office for registration.

  Article 45

  1. This Convention shall be binding only upon those Members of theInternational Labour Organization whose ratifications have been registeredwith the Director-General.

  2. It shall come into force 12 months after the date on which theratifications of two Members have been registered with theDirector-General.

  3. Thereafter, this Convention shall come into force for any Member 12months after the date on which its ratification has been registered.

  Article 46

  1. A Member which has ratified this Convention may denounce it afterthe expiration of ten years from the date on which the Convention firstcomes into force, by an act communicated to the Director-General of theInternational Labour Office for registration. Such denunciation shall nottake effect until one year after the date on which it is registered.

  2. Each Member which has ratified this Convention and which does not,within the year following the expiration of the period of ten yearsmentioned in the preceding paragraph, exercise the right of denunciationprovided for in this Article, will be bound for another period of tenyears and, thereafter, may denounce this Convention at the expiration ofeach period of ten years under the terms provided for in this Article.

  Article 47

  1. The Director-General of the International Labour Office shallnotify all Members of the International Labour Organization of theregistration of all ratifications and denunciations communicated to him bythe Members of the Organization.

  2. When notifying the Members of the Organization of the registrationof the second ratification communicated to him, the Director-General shalldraw the attention of the Members of the Organization to the date uponwhich the Convention will come into force.

  Article 48

  The Director-General of the International Labour Office shallcommunicate to the Secretary-General of the United Nations forregistration in accordance with Article 102 of the Charter of the UnitedNations full particulars of all ratifications and acts of denunciationregistered by him in accordance with the provisions of the precedingArticles.

  Article 49

  At such times as it may consider necessary the Governing Body of theInternational Labour Office shall present to the General Conference areport on the working of this Convention and shall examine thedesirability of placing on the agenda of the Conference the question ofits revision in whole or in part.

  Article 50

  1. Should the Conference adopt a new Convention revising thisConvention in whole or in part, then, unless the new Convention otherwiseprovides

  (a) the ratification by a Member of the new revising Conventionshall ipso jure involve the immediate denunciation of this Convention,notwithstanding the provisions of Article 46 above, if and when the newrevising Convention shall have come into force;

  (b) as from the date when the new revising Convention comes intoforce this Convention shall cease to be open to ratification by theMembers.

  2. This Convention shall in any case remain in force in its actualform and content for those Members which have ratified it but have notratified the revising Convention.

  Article 51

  The English and French versions of the text of this Convention areequally authoritative.

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