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船舶装卸工人伤害防护公约(1932年修正本) CONVENTION No. 32 Convention concerning the Protection against Ac-cidents of Workers Employed in Loading or Unloading Ships (Revised), 1932

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第32号公约
颁布日期:19320427 实施日期:19341030 颁布单位:日内瓦

  [Date of coming into force: 30 October 1934.]

  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 Sixteenth Session on12 April 1932, and

  Having decided upon the adoption of certain proposals with regard tothe partial revision of the Convention concerning the protection againstaccidents of workers employed in loading or unloading ships adopted by theConference at its Twelfth Session, which is the fourth item on the agendaof the Session, and

  Considering that these proposals must take the form of aninternational Convention, adopts this twenty-seventh day of April of theyear one thousand nine hundred and thirty-two the following Convention,which may be cited as the Protection against Accidents (Dockers)Convention (Revised), 1932, for ratification by the Members of theInternational Labour Organization in accordance with the provisions of theConstitution of the International Labour Organization:

  Article 1

  For the purpose of this Convention

  (1) the term “processes” means and includes all or any part of thework performed on shore or on board ship of loading or unloading any shipwhether engaged in maritime or inland navigation, excluding ships of war,in, on, or at any maritime or inland port, harbour, dock, wharf, quay orsimilar place at which such work is carried on; and

  (2) the term “worker” means any person employed in the processes.

  Article 2

  1. Any regular approach over a dock, wharf, quay or similar premiseswhich workers have to use for going to or from a working place at whichthe processes are carried on and every such working place on shore shallbe maintained with due regard to the safety of the workers using them.

  2. In particular,

  (1) every said working place on shore and any dangerous parts ofany said approach thereto from the nearest highway shall be safely andefficiently lighted;

  (2) wharves and quays shall be kept sufficiently clear of goods tomaintain a clear passage to the means of access referred to in Article 3;

  (3) where any space is left along the edge of any wharf or quay,it shall be at least 3 feet (90 cm.) wide and clear of all obstructionsother than fixed structures, plants and appliances in use; and

  (4) so far as is practicable having regard to the traffic andworking,

  (a) all dangerous parts of the said approaches and workingplaces (e. g. dangerous breaks, corners and edges) shall be adequatelyfenced to a height of not less than 2 feet 6 inches (75 cm.);

  (b) dangerous footways over bridges, caissons and dock gatesshall be fenced to a height of not less than 2 feet 6 inches (75 cm.) oneach side, and the said fencing shall be continued at both ends to asufficient distance which shall not be required to exceed 5 yards (4 m.50)。

  (5) The measurement requirements of paragraph (4) of this Articleshall be deemed to be complied with, in respect of appliances in use atthe date of the ratification of this Convention, if the actualmeasurements are not more than 10 per cent. less than the measurementsspecified in the said paragraph (4)。

  Article 3

  (1) When a ship is lying alongside a quay or some other vessel for thepurpose of the processes, there shall be safe means of access for the useof the workers at such times as they have to pass to or from the ship,unless the conditions are such that they would not be exposed to unduerisk if no special appliance were provided.

  (2) The said means of access shall be

  (a) where reasonably practicable, the ship's accommodation ladder,a gangway or a similar construction;

  (b) in other cases a ladder.

  (3) The appliances specified in paragraph (2) (a) of this Articleshall be at least 22 inches (55 cm.) wide, properly secured to preventtheir displacement, not inclined at too steep an angle, contracted ofmaterials of good quality and in good condition, and securely fencedthroughout to a clear height of not less than 2 feet 9 inches (82 cm.) onboth sides, or in the case of the ship's accommodation ladder securelyfenced to the same height on one side, provided that the other side isproperly protected by the ship's side.

  Provided that any appliances as aforesaid in use at the date of theratification of this Convention shall be allowed to remain in use

  (a) until the fencing is renewed if they are fenced on both sidesto a clear height of at least 2 feet 8 inches (80 cm.);

  (b) for two years form the date of ratification if they are fencedon both sides to a clear height of at least 2 feet 6 inches (75 cm.)。

  (4) The ladders specified in paragraph (2) (b) of this Article shallbe of adequate length and strength, and properly secured.

  (5) (a) Exceptions to the provisions of this Article may be allowed bythe competent authorities when they are satisfied that the appliancesspecified in the Article are not required for the safety of the workers.

  (b) The provisions of this Article shall not apply to cargo stagesor cargo gangways when exclusively used for the processes.

  (6) Workers shall not use, or be required to use, any other means ofaccess than the means specified or allowed by this Article.

  Article 4

  When the workers have to proceed to or from a ship by water for theprocesses, appropriate measures shall be prescribed to ensure their safetransport, including the conditions to be complied with by the vesselsused for this purpose.

  Article 5

  (1) When the workers have to carry on the processes in a hold thedepth of which from the level of the deck to the bottom of the holdexceeds 5 feet (1 m. 50), there shall be safe means of access from thedeck to the hold for their use.

  (2) The said means of access shall ordinarily be by ladder, whichshall not be deemed to be safe unless it complies with the followingconditions:

  (a) provides foothold of a depth, including any space behind theladder, of not less than 4 1/2 inches (11 1/2 cm.) for a width of not lessthan 10 inches (25 cm.) and a firm handhold;

  (b) is not recessed under the deck more than is reasonablynecessary to keep it clear of the hatchway;

  (c) is continued by and is in line with arrangements for securehandhold and foothold on the coamings (e. g. cleats or cups);

  (d) the said arrangements on the coamings provide foothold of adepth, including any space behind the said arrangements, of not less than4 1/2 inches (11 1/2 cm.) for a width of not less than 10 inches (25 cm.);

  (e) if separate ladders are provided between the lower decks, thesaid ladders are as far as practicable in line with the ladder from thetop deck.

  Where, however, owing to the construction of the ship, the provisionof a ladder would not be reasonably practicable, it shall be open to thecompetent authorities to allow other means of access, provided that theycomply with the conditions laid down in this Article for ladders so for asthey are applicable.

  In the case of ships existing at the date of the ratification of thisConvention the measurement requirements of subparagraphs (a) and (d) ofthis paragraph shall be deemed to be complied with, until the ladders andarrangements are replaced, if the actual measurements are not more than 10per cent. less than the measurements specified in the said subparagraphs(a) and (d)。

  (3) Sufficient free passage to the means of access shall be left atthe coamings.

  (4) Shaft tunnels shall be equipped with adequate handhold andfoothold on both sides.

  (5) When a ladder is to be used in the hold of a vessel which is notdecked it shall be the duty of the contractor undertaking the processes toprovide such ladder. It shall be equipped at the top with hooks or withother means for firmly securing it.

  (6) The workers shall not use, or be required to use, other means ofaccess than the means specified or allowed by this Article.

  (7) Ships existing at the date of ratification of this Conventionshall be exempt from compliance with the measurements in paragraph (2) (a)and (d) and from the provisions of paragraph (4) of this Article for aperiod not exceeding four years from the date of ratification of thisConvention.

  Article 6

  (1) While the workers are on a ship for the purpose of the processes,every hatchway of a cargo hold accessible to the workers which exceeds 5feet (1 m. 50) in depth from the level of the deck to the bottom of thehold, and which is not protected to a clear height of 2 feet 6 inches (75cm.) by the coamings, shall, when not in use for the passage of goods,coal or other material, either be securely fenced to a height of 3 feet(90 cm.) or be securely covered. National laws or regulations shalldetermine whether the requirements of this paragraph shall be enforcedduring meal times and other short interruptions of work.

  (2) Similar measures shall be taken when necessary to protect allother openings in a deck which might be dangerous to the workers.

  Article 7

  1. When the processes have to be carried on a ship, the means ofaccess thereto and all places on board at which the workers are employedor to which they may be required to proceed in the course of theiremployment shall be efficiently lighted.

  2. The means of lighting shall be such as not to endanger the safetyof the workers nor to interfere with the navigation of other vessels.

  Article 8

  In order to ensure the safety of the workers when engaged in removingor replacing hatch coverings and beams used for hatch coverings,

  (1) hatch coverings and beams used for hatch coverings shall bemaintained in good condition;

  (2) hatch coverings shall be fitted with adequate hand grips, havingregard to their size and weight, unless the construction of the hatch orthe hatch coverings is of a character rendering the provision of handgrips unnecessary;

  (3) beams used for hatch coverings shall have suitable gear forremoving and replacing them of such a character as to render itunnecessary for workers to go upon them for the purpose of adjusting suchgear;

  (4) all hatch coverings and fore and aft and thwart-ship beams shall,in so far as they are not interchangeable, be kept plainly marked toindicate the deck and hatch to which they belong and their positiontherein;

  (5) hatch coverings shall not be used in the construction of cargostages or for any other purpose which may expose them to damage.

  Article 9

  1. Appropriate measures shall be prescribed to ensure that no hoistingmachine, or gear, whether fixed or loose, used in connection therewith, isemployed in the processes on shore or on board ship unless it is in a safeworking condition.

  2. In particular,

  (1) before being taken into use, the said machines, fixed gear onboard ship accessory thereto as defined by national laws or regulations,and chains and wire ropes used in connection therewith, shall beadequately examined and tested, and the safe working load thereofcertified, in the manner prescribed and by a competent person acceptableto the national authorities;

  (2) after being taken into use, every hoisting machine, whetherused on shore or on board ship, and all fixed gear on board ship accessorythereto as defined by national laws or regulations shall be thoroughlyexamined or inspected as follows:

  (a) to be thoroughly examined every four years and inspectedevery twelve months: derricks, goose necks, mast bands, derrick bands,eyebolts, spans and any other fixed gear the dismantling of which isspecially difficult;

  (b) to be thoroughly examined every twelve months: allhoisting machines (e. g. cranes, winches), blocks, shackles and all otheraccessory gear not included in (a)。

  All loose gear (e. g. chains, wire ropes, rings, hooks) shall beinspected on each occasion before use unless they have been inspectedwithin the previous three months.

  Chains shall not be shortened by tying knots in them and precautionsshall be taken to prevent injury to them from sharp edges.

  A thimble or loop splice made in any wire rope shall have at leastthree tucks with a whole strand of rope and two tucks with one half of thewires cut out of each strand; provided that this requirement shall notoperate to prevent the use of another form of splice which can be shown tobe as efficient as the form hereby prescribed.

  (3) Chains and such similar gear as is specified by national laws orregulations (e. g. hooks, rings, shackles, swivels) shall, unless theyhave been subjected to such other sufficient treatment as may beprescribed by national laws or regulations, be annealed as follows underthe supervision of a competent person acceptable to the nationalauthorities:

  (a) In the case of chains and the said gear carried on boardship:

  (i) half inch (12 1/2 mm.) and smaller chains or gear ingeneral use once at least in every six months;

  (ii) all other chains or gear (including span chains butexcluding bridle chains attached to derricks or masts) in general use onceat least in every twelve months:

  Provided that in the case of such gear used solely on cranes andother hoisting appliances worked by hand, twelve months shall besubstituted for six months in subparagraph (i) and two years for twelvemonths in subparagraph (ii);

  Provided also that, if the competent authority is of opinion thatowing to the size, design, material or infrequency of use of any of thesaid gear the requirements of this paragraph as to annealing are notnecessary for the protection of the workers, it may, by certificate inwriting (which it may at its discretion revoke), exempt such gear fromthe said requirements subject to such conditions as may be specified inthe said certificate.

  (b) In the case of chains and the said gear not carried onboard ship: measures shall be prescribed to secure the annealing of thesaid chains and gear.

  (c) In the case of the said chains and gear whether carried onboard ship or not, which have been lengthened, altered or repaired bywelding, they shall thereupon be tested and re-examined.

  (4) Such duly authenticated records as will provide sufficientprima facie evidence of the safe condition of the machines and gearconcerned shall be kept, on shore or on the ship as the case may be,specifying the safe working load and the dates and results of the testsand examinations referred to in paragraphs (1) and (2) of this Article andof the annealing or other treatment referred to in paragraph (3)。

  Such records shall, on the application of any person authorisedfor the purpose, be produced by the person in charge thereof.

  (5) The safe working load shall be kept plainly marked on allcranes, derricks and chain slings and on any similar hoisting gear used onboard ship as specified by national laws or regulations. The safe workingload marked on chain slings shall be either in plain figures or lettersupon the chains or upon a tablet or ring of durable material attachedsecurely thereto.

  (6) All motors, cogwheels, chain and friction gearing, shafting,live electric conductors and steam pipes shall (unless it can be shownthat by their position and construction they are equally safe to everyworker employed as they would be if securely fenced) be securely fenced sofar as is practicable without impeding the safe working of the ship.

  (7) Cranes and winches shall be provided with such means as willreduce to a minimum the risk of the accidental descent of a load while inprocess of being lifted or lowered.

  (8) Appropriate measures shall be taken to prevent exhaust steamfrom and, so far as practicable, live steam to any crane or winchobscuring any part of the working place at which a worker is employed.

  (9) Appropriate measures shall be taken to prevent the foot of aderrick being accidentally lifted out of its socket or support.

  Article 10

  Only sufficiently competent and reliable persons shall be employed tooperate lifting or transporting machinery whether driven by mechanicalpower or otherwise, or to give signals to a driver of such machinery, orto attend to cargo falls on winch ends or winch drums.

  Article 11

  (1) No load shall be left suspended from any hoisting machine unlessthere is a competent person actually in charge of the machine while theload is so left.

  (2) Appropriate measures shall be prescribed to provide for theemployment of a signaller where this is necessary for the safety of theworkers.

  (3) Appropriate measures shall be prescribed with the object ofpreventing dangerous methods of working in the stacking, unstacking,stowing and unstowing of cargo, or handling in connection therewith.

  (4) Before work is begun at a hatch the beams thereof shall either beremoved or be securely fastened to prevent their displacement.

  (5) Precautions shall be taken to facilitate the escape of the workerswhen employed in hold or on tween decks in dealing with coal or other bulkcargo.

  (6) No stage shall be used in the processes unless it is substantiallyand firmly constructed, adequately supported and where necessary securelyfastened.

  No truck shall be used for carrying cargo between ship and shore on astage so steep as to be unsafe.

  Stages shall where necessary be treated with suitable material toprevent the workers slipping.

  (7) When the working space in a hold is confined to the square of thehatch, and except for the purpose of breaking out or making up slings,

  (a) hooks shall not be made fast in the bands or fastenings ofbales of cotton, wool, cork, gunny-bags, or other similar goods;

  (b) can-hooks shall not be used for raising or lowering a barrelwhen, owing to the construction or condition of the barrel or of thehooks, their use is likely to be unsafe.

  (8) No gear of any description shall be loaded beyond the safe workingload save in exceptional cases and then only in so far as may be allowedby national laws or regulations.

  (9) In the case of shore cranes with varying capacity (e. g. raisingand lowering jib with load capacity varying according to the angle) anautomatic indicator or a table showing the safe working loads at thecorresponding inclinations of the jib shall be provided on the crane.

  Article 12

  National laws or regulations shall prescribe such precautions as maybe deemed necessary to ensure the proper protection of the workers, havingregard to the circumstances of each case, when they have to deal with orwork in proximity to goods which are in themselves dangerous to life orhealth by reason either of their inherent nature or of their condition atthe time, or work where such goods have been stowed.

  Article 13

  1. At docks, wharves, quays and similar places which are in frequentuse for the processes, such facilities as having regard to localcircumstances shall be prescribed by national laws or regulations shall beavailable for rapidly securing the rendering of first-aid and in seriouscases of accident removal to the nearest place of treatment. Sufficientsupplies of first-aid equipment shall be kept permanently on the premisesin such a condition and in such positions as to be fit and readilyaccessible for immediate use during working hours. The said supplies shallbe in charge of a responsible person or persons, who shall include one ormore persons competent to render first-aid, and whose services shall alsobe readily available during working hours.

  2. At such docks, wharves, quays and similar places as aforesaidappropriate provision shall also be made for the rescue of immersedworkers from drowning.

  Article 14

  Any fencing, gangway, gear, ladder, life-saving means or appliance,light, mark, stage or other thing whatsoever required to be provided underthis Convention shall be removed or interfered with by any person exceptwhen duly authorised or in case of necessity, and if removed shall berestored at the end of the period for which its removal was necessary.

  Article 15

  1. It shall be open to each Member to grant exemptions from orexceptions to the provisions of this Convention in respect of any dock,wharf, quay or similar place at which the processes are only occasionallycarried on or the traffic is small and confined to small ships, or inrespect of certain special ships or special classes of ships or shipsbelow a certain small tonnage, or in cases where as a result of climaticconditions it would be impracticable to require the provisions of thisConvention to be carried out.

  2. The International Labour Office shall be kept informed of theprovisions in virtue of which any exemptions and exceptions as aforesaidare allowed.

  Article 16

  Except as herein otherwise provided, the provisions of this Conventionwhich affect the construction or permanent equipment of the ship shallapply to ships the building of which is commenced after the date ofratification of the Convention, and to all other ships within four yearsafter that date, provided that in the meantime the said provisions shallbe applied so far as reasonable and practicable to such other ships.

  Article 17

  In order to ensure the due enforcement of any regulations prescribedfor the protection of the workers against accidents,

  (1) the regulations shall clearly define the persons or bodies who areto be responsible for compliance with the respective regulations;

  (2) provisions shall be made for an efficient system of inspection andfor penalties for breaches of the regulations;

  (3) copies or summaries of the regulations shall be posted up inprominent positions at docks, wharves, quays and similar places which arein frequent use for the processes.

  Article 18

  1. Each Member undertakes to enter into reciprocal arrangements on thebasis of this Convention with the other Members which have ratified thisConvention, including more particularly the mutual recognition of thearrangements made in their respective countries for testing, examiningand annealing and of certificates and records relating thereto;

  2. Provided that, as regards the construction of ships and as regardsplant used on ships and the records and other matters to be observed onboard under the terms of this Convention, each Member is satisfied thatthe arrangements adopted by the other Member secure a general standard ofsafety for the workers equally effective as the standard required underits own laws and regulations;

  3. Provided also that the Governments shall have due regard to theobligations of paragraph (11) of article 19 of the Constitution of theInternational Labour Organization.①

  [ ①That provision read as follows:

  “In no case shall any Member be asked or required, as a result of theadoption of any Recommendation or draft Convention by the Conference, tolessen the protection afforded by its existing legislation to the workersconcerned.”

  As a result of the amendment of the Constitution in 1946, acorresponding provision is now contained in article 19, paragraph 8,thereof.]

  Article 19

  The formal ratifications of this Convention under the conditions setforth in the Constitution of the International Labour Organization shallbe communicated to the Director-General of the International Labour Officefor registration.

  Article 20

  1. This Convention shall be binding only upon those Members whoseratifications have been registered with the International Labour Office.

  2. It shall come into force twelve months after the date on which theratifications of two Members of the International Labour Organization havebeen registered with the Director-General.

  3. Thereafter, this Convention shall come into force for any Membertwelve months after the date on which its ratification has beenregistered.

  Article 21

  As soon as the ratifications of two Members of the InternationalLabour Organization have been registered with the International LabourOffice, the Director-General of the International Labour Office shall sonotify all the Members of the International Labour Organization. He shalllikewise notify them of the registration of ratifications which may becommunicated subsequently by other Members of the Organization.

  Article 22

  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 withthe International Labour Office.

  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 fiveyears and, thereafter, may denounce this Convention at the expiration ofeach period of five years under the terms provided for in this Article.

  Article 23

  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 24

  1. Should the Conference adopt a new Convention revising thisConvention in whole or in part, the ratification by a Member of the newrevising Convention shall ipso jure involve denunciation of thisConvention without any requirement of delay, notwithstanding theprovisions of Article 22 above, if and when the new revising Conventionshall have come into force.

  2. As from the date of the coming into force of the new revisingConvention, the present Convention shall cease to be open to ratificationby the Members.

  3. Nevertheless, this Convention shall remain in force in its actualform and content for those Members which have ratified it but have notratified the revising Convention.

  Article 25

  The French and English texts of this Convention shall both beauthentic.

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