7/26/2019 ILO 152

1/16

7/26/2019 ILO 152

2/16

corres)onding advantages and that the overall )rotection afforded is not inferior to that (hich (ould result from the

full a))lication of the )rovisions of this Convention6

26 4ny exem)tions or exce)tions made under )aragra)h # of this 4rticle and any significant variations made

under )aragra)h 1 of this 4rticle, as (ell as the reasons therefor, shall be indicated in the re)orts on the a))lication of

the Convention submitted in )ursuance of 4rticle 11 of the Constitution of the International Labour Organisation6

Article 3

8or the )ur)ose of this Convention

-a0 the term workermeans any )erson engaged in doc+ (or+9

-b0 the term competent personmeans a )erson )ossessing the +no(ledge and ex)erience re:uired for the

)erformance of a s)ecific duty or duties and acce)table as such to the com)etent authority9

-c0 the term responsible personmeans a )erson a))ointed by the em)loyer, the master of the shi) or the

o(ner of the gear, as the case may be, to be res)onsible for the )erformance of a s)ecific duty or duties and (ho

has sufficient +no(ledge and ex)erience and the re:uisite authority for the )ro)er )erformance of the duty or

duties9

-d0 the term authorised personmeans a )erson authorised by the em)loyer, the master of the shi) or a

res)onsible )erson to underta+e a s)ecific tas+ or tas+s and )ossessing the necessary technical +no(ledge and

ex)erience9

-e0 the term lifting appliancecovers all stationary or mobile cargohandling a))liances, including shore

based )o(ero)erated ram)s, used on shore or on board shi) for sus)ending, raising or lo(ering loads or

moving them from one )osition to another (hile sus)ended or su))orted9

-f0 the term loose gearcovers any gear by means of (hich a load can be attached to a lifting a))liance but

(hich does not form an integral )art of the a))liance or load9

-g0 the term accessincludes egress9

-h0 the term shipcovers any +ind of shi), vessel, barge, lighter or hovercraft, excluding shi)s of (ar6

&*+ II# ."*L &*O/ISIO"S

Article 4

7/26/2019 ILO 152

3/16

#6 &ational la(s or regulations shall )rescribe that measures com)lying (ith .art III of this Convention be

ta+en as regards doc+ (or+ (ith a vie( to

-a0 )roviding and maintaining (or+)laces, e:ui)ment and methods of (or+ that are safe and

(ithout ris+ of in;ury to health9

-b0 )roviding and maintaining safe means of access to any (or+)lace9

-c0 )roviding the information, training and su)ervision necessary to ensure the )rotection of

(or+ers against ris+s of accident or in;ury to health arising out of or in the course of their em)loyment9

-d0 )roviding (or+ers (ith any )ersonal )rotective e:ui)ment and )rotective clothing and any life

saving a))liances reasonably re:uired (here ade:uate )rotection against ris+s of accident or in;ury to health

cannot be )rovided by other means9

-e0 )roviding and maintaining suitable and ade:uate firstaid and rescue facilities9

-f0 develo)ing and establishing )ro)er )rocedures to deal (ith any emergency situations (hich may

arise6

16 The measures to be ta+en in )ursuance of this Convention shall cover

-a0 general re:uirements relating to the construction, e:ui))ing and maintenance of doc+

structures and other )laces at (hich doc+ (or+ is carried out9

-b0 fire and ex)losion )revention and )rotection9

-c0 safe means of access to shi)s, holds, staging, e:ui)ment and lifting a))liances9

-d0 trans)ort of (or+ers9

-e0 o)ening and closing of hatches, )rotection of hatch(ays and (or+ in holds9

-f0 construction, maintenance and use of lifting and other cargohandling a))liances9

-g0 construction, maintenance and use of staging9

-h0 rigging and use of shi)

7/26/2019 ILO 152

4/16

-;0 handling of different ty)es of cargo9

-+0 stac+ing and storage of goods9

-l0 dangerous substances and other ha=ards in the (or+ing environment9

-m0 )ersonal )rotective e:ui)ment and )rotective clothing9

-n0 sanitary and (ashing facilities and (elfare amenities9

-o0 medical su)ervision9

-)0 firstaid and rescue facilities9

-:0 safety and health organisation9

-r0 training of (or+ers9

-s0 notification and investigation of occu)ational accidents and diseases6

26 The )ractical im)lementation of the re:uirements )rescribed in )ursuance of )aragra)h # of this 4rticle

shall be ensured or assisted by technical standards or codes of )ractice a))roved by the com)etent authority, or by

other a))ro)riate methods consistent (ith national )ractice and conditions6

Article 5

#6 &ational la(s or regulations shall ma+e a))ro)riate )ersons, (hether em)loyers, o(ners, masters or other

)ersons, as the case may be, res)onsible for com)liance (ith the measures referred to in 4rticle >, )aragra)h #, of this

Convention6

16 henever t(o or more em)loyers underta+e activities simultaneously at one (or+)lace, they shall have

the duty to collaborate in order to com)ly (ith the )rescribed measures, (ithout )re;udice to the res)onsibility of

each em)loyer for the health and safety of his em)loyees6 In a))ro)riate circumstances, the com)etent authority shall

)rescribe general )rocedures for this collaboration6

Article 6

#6 There shall be arrangements under (hich (or+ers

-a0 are re:uired neither to interfere (ithout due cause (ith the o)eration of, nor to misuse, any

safety device or a))liance )rovided for their o(n )rotection or the )rotection of others9

7/26/2019 ILO 152

5/16

-b0 ta+e reasonable care for their o(n safety and that of other )ersons (ho may be affected by their

acts or omissions at (or+9

-c0 re)ort forth(ith to their immediate su)ervisor any situation (hich they have reason to believe

could )resent a ris+ and (hich they cannot correct themselves, so that corrective measures can be ta+en6

16 or+ers shall have a right at any (or+)lace to )artici)ate in ensuring safe (or+ing to the extent of their

control over the e:ui)ment and methods of (or+ and to ex)ress vie(s on the (or+ing )rocedures ado)ted as they

affect safety6 In so far as a))ro)riate under national la( and )ractice, (here safety and health committees have been

formed in accordance (ith 4rticle 2% of this Convention, this right shall be exercised through these committees6

Article 7

#6 In giving effect to the )rovisions of this Convention by national la(s or regulations or other a))ro)riate

methods consistent (ith national )ractice and conditions, the com)etent authority shall act in consultation (ith the

organisations of em)loyers and (or+ers concerned6

16 .rovision shall be made for close collaboration bet(een em)loyers and (or+ers or their re)resentatives in

the a))lication of the measures referred to in 4rticle >, )aragra)h #, of this Convention6

&*+ III# +CH"ICL 0S*S

Article 8

4ny time that a (or+)lace has become unsafe or there is a ris+ of in;ury to health, effective measures shall be ta+en-by fencing, flagging or other suitable means including, (here necessary, cessation of (or+0 to )rotect the (or+ers

until the )lace has been made safe again6

Article 9

#6 4ll )laces (here doc+ (or+ is being carried out and any a))roaches thereto shall be suitably and

ade:uately lighted6

16 4ny obstacle liable to be dangerous to the movement of a lifting a))liance, vehicle or )erson shall, if it

cannot be removed for )ractical reasons, be suitably and cons)icuously mar+ed and, (here necessary, ade:uately

lighted6

Article 1

#6 4ll surfaces used for vehicle traffic or for the stac+ing of goods or materials shall be suitable for the

)ur)ose and )ro)erly maintained6

7/26/2019 ILO 152

6/16

16 here goods or materials are stac+ed, sto(ed, unstac+ed or unsto(ed, the (or+ shall be done in a safe

and orderly manner having regard to the nature of the goods or materials and their )ac+ing6

Article 11

#6 .assage(ays of ade:uate (idth shall be left to )ermit the safe use of vehicles and cargohandling

a))liances6

16 Se)arate )assage(ays for )edestrian use shall be )rovided (here necessary and )racticable9 such

)assage(ays shall be of ade:uate (idth and, as far as is )racticable, se)arated from )assage(ays used by vehicles6

Article 12

Suitable and ade:uate means for fighting fire shall be )rovided and +e)t available for use (here doc+ (or+ is carried

out6

Article 13

#6 4ll dangerous )arts of machinery shall be effectively guarded, unless they are in such a )osition or of such

a construction as to be as safe as they (ould be if effectively guarded6

16 3ffective measures shall be )rovided for )rom)tly cutting off the )o(er to any machinery in res)ect of

(hich this is necessary, in an emergency6

26 hen any cleaning, maintenance or re)air (or+ that (ould ex)ose any )erson to danger has to be

underta+en on machinery, the machinery shall be sto))ed before this (or+ is begun and ade:uate measures shall be

ta+en to ensure that the machinery cannot be restarted until the (or+ has been com)leted7 .rovided that a

res)onsible )erson may restart the machinery for the )ur)ose of any testing or ad;ustment (hich cannot be carried

out (hile the machinery is at rest6

>6 Only an authorised )erson shall be )ermitted to

-a0 remove any guard (here this is necessary for the )ur)ose of the (or+ being carried out9

-b0 remove a safety device or ma+e it ino)erative for the )ur)ose of cleaning, ad;ustment or re)air6

?6 If any guard is removed, ade:uate )recautions shall be ta+en, and the guard shall be re)laced as soon as

)racticable6

!6 If any safety device is removed or made ino)erative, the device shall be re)laced or its o)eration restored

as soon as )racticable and measures shall be ta+en to ensure that the relevant e:ui)ment cannot be used or

inadvertently started until the safety device has been re)laced or its o)eration restored6

7/26/2019 ILO 152

7/16

%6 8or the )ur)ose of this 4rticle, the term machiner!includes any lifting a))liance, mechanised hatch

cover or )o(erdriven e:ui)ment6

Article 14

4ll electrical e:ui)ment and installations shall be so constructed, installed, o)erated and maintained as to )reventdanger and shall conform to such standards as have been recognised by the com)etent authority6

Article 15

hen a shi) is being loaded or unloaded alongside a :uay or another shi), ade:uate and safe means of access to the

shi), )ro)erly installed and secured, shall be )rovided and +e)t available6

Article 16

#6 hen (or+ers have to be trans)orted to or from a shi) or other )lace by (ater, ade:uate measures shall

be ta+en to ensure their safe embar+ing, trans)ort and disembar+ing9 the conditions to be com)lied (ith by the

vessels used for this )ur)ose shall be s)ecified6

16 hen (or+ers have to be trans)orted to or from a (or+)lace on land, means of trans)ort )rovided by the

em)loyer shall be safe6

Article 17

#6 4ccess to a shi)

7/26/2019 ILO 152

8/16

26 here hatch covers and beams are not interchangeable, they shall be +e)t )lainly mar+ed to indicate the

hatch to (hich they belong and their )osition therein6

>6 Only an authorised )erson -(henever )racticable a member of the shi) of this 4rticle shall a))ly, mutatis mutandis, to )o(ero)erated shi)6 4de:uate arrangements, including safe means of esca)e, shall be made for the safety of )ersons (hen dry

bul+ cargo is being loaded or unloaded in any hold or

7/26/2019 ILO 152

9/16

-a0 of good design and construction, of ade:uate strength for the )ur)ose for (hich it is used, maintained in

good re)air and (or+ing order and, in the case of a lifting a))liance in res)ect of (hich this is necessary,

)ro)erly installed9

-b0 used in a safe and )ro)er manner and, in )articular, shall not be loaded beyond its safe (or+ing load or

loads, exce)t for testing )ur)oses as s)ecified and under the direction of a com)etent )erson6

Article 22

#6 3very lifting a))liance and every item of loose gear shall be tested in accordance (ith national la(s or

regulations by a com)etent )erson before being )ut into use for the first time and after any substantial alteration or

re)air to any )art liable to affect its safety6

16 Lifting a))liances forming )art of a shi)6 @)on the com)letion of every test of a lifting a))liance or item of loose gear carried out in accordance

(ith this 4rticle, the a))liance or gear shall be thoroughly examined and certified by the )erson carrying out the test6

Article 23

#6 In addition to the re:uirements of 4rticle 11, every lifting a))liance and every item of loose gear shall be

)eriodically thoroughly examined and certified by a com)etent )erson6 Such examinations shall ta+e )lace at least

once in every #1 months6

16 8or the )ur)ose of )aragra)h > of 4rticle 11 and of )aragra)h # of this 4rticle, a thorough examination

means a detailed visual examination by a com)etent )erson, su))lemented if necessary by other suitable means or

measures in order to arrive at a reliable conclusion as to the safety of the a))liance or item of loose gear examined6

Article 24

#6 3very item of loose gear shall be ins)ected regularly before use6 3x)endable or dis)osable slings shall not

be reused6 In the case of )reslung cargoes, the slings shall be ins)ected as fre:uently as is reasonably )racticable6

16 8or the )ur)ose of )aragra)h # of this 4rticle, an ins)ection means a visual ins)ection by a res)onsible

)erson carried out to decide (hether, so far as can be ascertained in such manner, the gear or sling is safe for

continued use6

Article 25

7/26/2019 ILO 152

10/16

#6 Such duly authenticated records as (ill )rovide )rima facie evidence of the safe condition of the lifting

a))liances and items of loose gear concerned shall be +e)t, on shore or on the shi) as the case may be9 they shall

s)ecify the safe (or+ing load and the dates and results of the tests, thorough examinations and ins)ections referred to

in 4rticles 11, 12 and 1> of this Convention7 .rovided that in the case of ins)ections referred to in )aragra)h # of

4rticle 1> of this Convention, a record need only be made (here the ins)ection discloses a defect6

16 4 register of the lifting a))liances and items of loose gear shall be +e)t in a form )rescribed by the

com)etent authority, account being ta+en of the model recommended by the International Labour Office6

26 The register shall com)rise certificates granted or recognised as valid by the com)etent authority, or

certified true co)ies of the said certificates, in a form )rescribed by the com)etent authority, account being ta+en of

the models recommended by the International Labour Office in res)ect of the testing, thorough examination and

ins)ection, as the case may be, of lifting a))liances and items of loose gear6

Article 26

#6 ith a vie( to ensuring the mutual recognition of arrangements made by *embers (hich have ratified

this Convention for the testing, thorough examination, ins)ection and certification of lifting a))liances and items of

loose gear forming )art of a shi)

7/26/2019 ILO 152

11/16

26 .aragra)h 1 of this 4rticle shall not be so a))lied as to cause delay in loading or unloading a shi) (here

e:ui)ment satisfactory to the com)etent authority is used6

Article 27

#6 3very lifting a))liance -other than a shi)

7/26/2019 ILO 152

12/16

#6 4ny dangerous cargo shall be )ac+ed, mar+ed and labelled, handled, stored and sto(ed in accordance (ith

the relevant re:uirements of international regulations a))lying to the trans)ort of dangerous goods by (ater and

those dealing s)ecifically (ith the handling of dangerous goods in )orts6

16 5angerous substances shall not be handled, stored or sto(ed unless they are )ac+ed and mar+ed and

labelled in com)liance (ith international regulations for the trans)ort of such substances6

26 If rece)tacles or containers of dangerous substances are bro+en or damaged to a dangerous extent, doc+

(or+, other than that necessary to eliminate danger, shall be sto))ed in the area concerned and the (or+ers removed

to a safe )lace until the danger has been eliminated6

>6 4de:uate measures shall be ta+en to )revent ex)osure of (or+ers to toxic or harmful substances or

agents, or oxygendeficient or flammable atmos)heres6

?6 here (or+ers are re:uired to enter any confined s)ace in (hich toxic or harmful substances are liable to

be )resent or in (hich there is liable to be an oxygen deficiency, ade:uate measures shall be ta+en to )revent

accidents or in;ury to health6

Article 33

Suitable )recautions shall be ta+en to )rotect (or+ers against the harmful effects of excessive noise at the (or+)lace6

Article 34

#6 here ade:uate )rotection against ris+s of accident or in;ury to health cannot be ensured by other means,

(or+ers shall be )rovided (ith and shall be re:uired to ma+e )ro)er use of such )ersonal )rotective e:ui)ment and

)rotective clothing as is reasonably re:uired for the )erformance of their (or+6

16 or+ers shall be re:uired to ta+e care of that )ersonal )rotective e:ui)ment and )rotective clothing6

26 .ersonal )rotective e:ui)ment and )rotective clothing shall be )ro)erly maintained by the em)loyer6

Article 35

In case of accident, ade:uate facilities, including trained )ersonnel, shall be readily available for the rescue of any

)erson in danger, for the )rovision of firstaid and for the removal of in;ured )ersons in so far as is reasonably)racticable (ithout further endangering them6

Article 36

7/26/2019 ILO 152

13/16

7/26/2019 ILO 152

14/16

Article 4

In accordance (ith national la(s or regulations or national )ractice, a sufficient number of ade:uate and suitable

sanitary and (ashing facilities shall be )rovided and )ro)erly maintained at each doc+, (herever )racticable (ithin a

reasonable distance of the (or+)lace6

&*+ I/# I0&L0"++IO"

Article 41

3ach *ember (hich ratifies this Convention shall

-a0 s)ecify the duties in res)ect of occu)ational safety and health of )ersons and bodies concerned (ith doc+

(or+9

-b0 ta+e necessary measures, including the )rovision of a))ro)riate )enalties, to enforce the )rovisions of

the Convention9

-c0 )rovide a))ro)riate ins)ection services to su)ervise the a))lication of the measures to be ta+en in

)ursuance of the Convention, or satisfy itself that a))ro)riate ins)ection is carried out6

Article 42

#6 &ational la(s or regulations shall )rescribe the timelimits (ithin (hich the )rovisions of this Convention

shall a))ly in res)ect of

-a0 the construction or e:ui))ing of a shi)9

-b0 the construction or e:ui))ing of any shorebased lifting a))liance or other cargohandling

a))liance9

-c0 the construction of any item of loose gear6

16 The timelimits )rescribed )ursuant to )aragra)h # of this 4rticle shall not exceed four years from the date

of ratification of the Convention6

&*+ /# I"L &*O/ISIO"SArticle 43

This Convention revises the .rotection against 4ccidents -5oc+ers0 Convention, #$1$, and the .rotection against

4ccidents -5oc+ers0 Convention -'evised0, #$216

Article 44

7/26/2019 ILO 152

15/16

The formal ratifications of this Convention shall be communicated to the 5irectorGeneral of the International

Labour Office for registration6

Article 45

#6 This Convention shall be binding only u)on those *embers of the International Labour Organisation

(hose ratifications have been registered (ith the 5irectorGeneral6

16 It shall come into force t(elve months after the date on (hich the ratifications of t(o *embers have been

registered (ith the 5irectorGeneral6

26 Thereafter, this Convention shall come into force for any *ember t(elve months after the date on (hich

its ratification has been registered6

Article 46

#6 4 *ember (hich has ratified this Convention may denounce it after the ex)iration of ten years from the

date on (hich the Convention first comes into force, by an act communicated to the 5irectorGeneral of the

International Labour Office for registration6 Such denunciation shall not ta+e effect until one year after the date on

(hich it is registered6

16 3ach *ember (hich has ratified this Convention and (hich does not, (ithin the year follo(ing the

ex)iration of the )eriod of ten years mentioned in the )receding )aragra)h, exercise the right of denunciation

)rovided for in this 4rticle, (ill be bound for another )eriod of ten years and, thereafter, may denounce this

Convention at the ex)iration of each )eriod of ten years under the terms )rovided for in this 4rticle6

Article 47

#6 The 5irectorGeneral of the International Labour Office shall notify all *embers of the International

Labour Organisation of the registration of all ratifications and denunciations communicated to him by the *embers

of the Organisation6

16 hen notifying the *embers of the Organisation of the registration of the second ratification

communicated to him, the 5irectorGeneral shall dra( the attention of the *embers of the Organisation to the date

u)on (hich the Convention (ill come into force6

Article 48

The 5irectorGeneral of the International Labour Office shall communicate to the SecretaryGeneral of the @nited

&ations for registration in accordance (ith 4rticle #1 of the Charter of the @nited &ations full )articulars of all

ratifications and acts of denunciation registered by him in accordance (ith the )rovisions of the )receding 4rticles6

7/26/2019 ILO 152

16/16

Article 49

4t such times as it may consider necessary the Governing Body of the International Labour Office shall )resent to the

General Conference a re)ort on the (or+ing of this Convention and shall examine the desirability of )lacing on the

agenda of the Conference the :uestion of its revision in (hole or in )art6

Article 5

#6 Should the Conference ado)t a ne( Convention revising this Convention in (hole or in )art, then, unless

the ne( Convention other(ise )rovides7

-a0 the ratification by a *ember of the ne( revising Convention shall i)so ;ure involve the

immediate denunciation of this Convention, not(ithstanding the )rovisions of 4rticle >! above, if and (hen the

ne( revising Convention shall have come into force9

-b0 as from the date (hen the ne( revising Convention comes into force this Convention shall cease

to be o)en to ratification by the *embers6

16 This Convention shall in any case remain in force in its actual form and content for those *embers (hich

have ratified it but have not ratified the revising Convention6