Appl. 22.62

 

INTERNATIONAL LABOUR OFFICE

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REPORT FORM

 

FOR THE

 

SAFETY PROVISIONS (BUILDING)

CONVENTION, 1937 (No. 62)

 

AND APPENDIX FORM FOR THE TRIENNIAL REPORT ON THE

 

SAFETY PROVISIONS (BUILDING)

RECOMMENDATION, 1937 (No. 53)

 

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The present report form is for the use of countries which have ratified the Convention. It has been approved by the Governing Body of the International Labour Office, in accordance with article 22 of the ILO Constitution, which reads as follows: "Each of the Members agrees to make an annual report to the International Labour Office on the measures which it has taken to give effect to the provisions of Conventions to which it is a party. These reports shall be made in such form and shall contain such particulars as the Governing Body may request."

 

Annexed to this report form will be found the text of a Recommendation whose provisions supplement those of the present Convention. The sole object of appending the text of this Recommendation to the report form is to contribute to a better understanding of the requirements laid down in the Convention and to facilitate its application.

The Government is under no obligation to supply in its report on the application of the Convention information on the measures which may have been taken to give effect to the Recommendation as such; however, if the Government deems it useful to supply such information in its report, by way of information on practical application, this would make it possible to assess more precisely the extent to which the Convention is applied and the problems which may have arisen in its application.

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REPORT

 

for the period . . . . .  to . . . . . , made by the Government of . . . . . , in accordance with article 22 of the Constitution of the International Labour Organisation, on the measures taken to give effect to the provisions of the

 

SAFETY PROVISIONS (BUILDING) CONVENTION, 1937

 

ratification of which was registered on . . . . . . . . . . . . . . . . . . . . .

 

I.       Please give a list of the legislation and administrative regulations, etc., which-

 

(a)     implement the obligations of parties to the Convention, as laid down in Part I of the Convention;

(b)     ensure the application of the General Rules set forth in Parts II to IV of the Convention.

 

Where this has not already been done, please forward copies of the said legislation, etc., to the International Labour Office with this report.

 

Please give any available information concerning the extent to which this legislation and administrative regulations have been enacted or modified to permit of, or as a result of, ratification.

 

II.      Please indicate in detail for each of the following Articles of the Convention the provisions of the above-mentioned legislation and administrative regulations, etc., or other measures, under which each Article is applied.

 

If in your country ratification of the Convention gives the force of national law to its terms please indicate by virtue of what constitutional provisions the ratification has had this effect. Please also specify what action has been taken to make effective those provisions of the Convention which require a national authority to take certain specific steps for its implementation, such as measures to define the exact scope of the Convention and the extent to which advantage may be taken of permissive exceptions provided for in it, measures to draw the attention of the parties concerned to its provisions, and arrangements for adequate inspection and penalties.

 

If the Committee of Experts or the Conference Committee on the Application of Conventions and Recommendations has requested additional information, or has made an observation on the measures adopted to apply the Convention, please supply the information asked for or indicate the action taken by your Government to settle the points in question.

 

PART I. OBLIGATIONS OF PARTIES TO THE CONVENTION

 

Article 1

 

1. Each Member of the International Labour Organisation which ratifies this Convention undertakes that it will maintain in force laws or regulations-

 

(a)     which ensure the application of the General Rules set forth in Parts II to IV of this Convention; and

(b)     in virtue of which an appropriate authority has power to make regulations for the purpose of giving such effect as may be possible and desirable under national conditions to the provisions of, or provisions equivalent to the provisions of, the model code annexed to the Safety Provisions (Building) Recommendation, 1937, or any revised model code subsequently recommended by the International Labour Conference.

 

2. Each such Member further undertakes that it will communicate every third year to the International Labour Office a report indicating the extent to which effect has been given to the provisions of the model code annexed to the Safety Provisions (Building) Recommendation, 1937, or of any revised model code subsequently recommended by the International Labour Conference.

 

Please give detailed information respecting the authority empowered to make regulations giving effect to the provisions of the model code annexed to the Safety Provisions (Building) Recommendation, 1937 (No. 53).

 

N.B. It is requested that the form given in the Appendix should be used for the triennial report on the model code annexed to the Safety Provisions (Building) Recommendation required by paragraph 2 of this Article.

 

Article 2

 

1. The laws or regulations for ensuring the application of the General Rules set forth in Parts II to IV of this Convention shall apply to all work done on the site in connection with the construction, repair, alteration, maintenance and demolition of all types of buildings.

 

2. The said laws or regulations may provide that the competent authority may, after consultation with the organisations of employers and workers concerned where such exist, exempt from all or any of their provisions work of such a character that reasonably safe conditions normally obtain.

 

Please state whether, and, if so, subject to what conditions and after what consultations, etc., advantage has been taken of the provision in paragraph 2 of this Article respecting exemptions from the laws and regulations of certain types of work. In addition, if such exemptions have been granted please give detailed information on the nature, etc., of the work concerned.

 

Article 3

 

The laws or regulations for ensuring the application of the General Rules set forth in Parts II to IV of this Convention, and regulations made by the appropriate authority for the purpose of giving effect to the model code annexed to the Safety Provisions (Building) Recommendation, 1937, shall-

 

(a)     require employers to bring them to the notice of all persons concerned in a manner approved by the competent authority;

(b)     define the persons responsible for compliance therewith; and

(c)     prescribe adequate penalties for any violation thereof.

 

Please indicate the definition of "the persons responsible for compliance therewith" which has been adopted for the purpose of subparagraph (b) of this Article.

 

Article 4

 

Each Member which ratifies this Convention undertakes to maintain, or satisfy itself that there is maintained, a system of inspection adequate to ensure the effective enforcement of its laws and regulations relating to safety precautions in the building industry.

 

Please give detailed information respecting the organisation, powers, etc., of the inspection service responsible for the enforcement of the laws and regulations relating to safety precautions in the building industry; in addition, please state what qualifications, training, etc., are required of members of the inspection service.

 

Article 5

 

1. In the case of a Member the territory of which includes large areas where, by reason of the sparseness of the population or the stage of economic development of the area, the competent authority considers it impracticable to enforce the provisions of this Convention, the authority may exempt such areas from the application of the Convention either generally or with such exception in respect of particular localities or particular kinds of building operations as it thinks fit.

 

2. Each Member shall indicate in its first annual report upon the application of this Convention submitted under article 22 of the Constitution of the International Labour Organisation any areas in respect of which it proposes to have recourse to the provisions of the present Article and no Member shall, after the date of its first annual report, have recourse to the provisions of the present Article except in respect of areas so indicated.

 

3. Each Member having recourse to the provisions of the present Article shall indicate in subsequent annual reports any areas in respect of which it renounces the right to have recourse to the provisions of the present Article.

 

Please indicate in the first annual report of your Government any areas which, in virtue of the authorisation given in paragraph 1 of this Article, have been excluded in whole or in part from the application of this Convention.

 

Please indicate the specific reason or reasons why in the case of these areas compliance with the requirements of the Convention is considered impracticable, stating whether the exemption claimed is general in scope or whether exceptions are provided for particular localities or particular kinds of work.

 

Please indicate in subsequent annual reports, in accordance with paragraph 3 of this Article, any areas in respect of which the right to have recourse to the provisions of this Article has been renounced.

 

Article 6

 

Each Member which ratifies this Convention undertakes to communicate annually to the International Labour Office the latest statistical information relating to the number and classification of accidents occurring to persons occupied on work within the scope of this Convention.

 

In addition to the number and classification of accidents, please give as detailed information as possible respecting the number of persons occupied in the building industry and covered by the statistics.

 

PART II. GENERAL RULES AS TO SCAFFOLDS

 

Article 7

 

1. Suitable scaffolds shall be provided for workmen for all work that cannot be safely done from a ladder or by other means.

 

2. A scaffold shall not be constructed, taken down, or substantially altered, except-

 

(a)     under the supervision of a competent and responsible person; and

(b)     as far as possible by competent workers possessing adequate experience in this kind of work.

 

3. All scaffolds and appliances connected therewith and all ladders shall-

 

(a)     be of sound material;

(b)     be of adequate strength having regard to the loads and strains to which they will be subjected; and

(c)     be maintained in proper condition.

 

4. Scaffolds shall be so constructed that no part thereof can be displaced in consequence of normal use

 

5. Scaffolds shall not be overloaded and so far as practicable the load shall be evenly distributed.

 

6. Before installing lifting gear on scaffolds special precautions shall be taken to ensure the strength and stability of the scaffolds.

 

7. Scaffolds shall be periodically inspected by a competent person.

 

8. Before allowing a scaffold to be used by his workmen every employer shall, whether the scaffold has been erected by his workmen or not, take steps to ensure that it complies fully with the requirements of this Article.

 

Please give detailed information regarding the provisions governing the designation of the "competent person" referred to in paragraphs 2 (a) and 7 of this Article.

 

Article 8

 

1. Working platforms, gangways and stairways shall-

 

(a)     be so constructed that no part thereof can sag unduly or unequally;

(b)     be so constructed and maintained, having regard to the prevailing conditions, as to reduce as far as practicable risks of persons tripping or slipping; and

(c)     be kept free from any unnecessary obstruction.

 

2. In the case of working platforms, gangways, working places and stairways at a height exceeding that to be prescribed by national laws or regulations-

 

(a)     every working platform and every gangway shall be closely boarded unless other adequate measures are taken to ensure safety;

(b)     every working platform and gangway shall have adequate width; and

(c)     every working platform, gangway, working place and stairway shall be suitably fenced.

 

Please indicate the height limit prescribed under paragraph 2 of this Article.

 

Article 9

 

1. Every opening in the floor of a building or in a working platform shall, except for the time and to the extent required to allow the access of persons or the transport or shifting of material, be provided with suitable means to prevent the fall of persons or material.

 

2. When persons are employed on a roof where there is a danger of falling from a height exceeding that to be prescribed by national laws or regulations, suitable precautions shall be taken to prevent the fall of persons or material.

 

3. Suitable precautions shall be taken to prevent persons being struck by articles which might fall from scaffolds or other working places.

 

Please indicate the height limit prescribed under paragraph 2, and give detailed information as to the measures prescribed with reference to the "suitable precautions"  to be taken under paragraphs 2 and 3 of this Article.

 

Article 10

 

1. Safe means of access shall be provided to all working platforms and other working places.

 

2. Every ladder shall be securely fixed and of such length as to provide secure handhold and foothold at every position at which it is used.

 

3. Every place where work is carried on and the means of approach thereto shall be adequately lighted.

 

4. Adequate precautions shall be taken to prevent danger from electrical equipment.

 

5. No materials on the site shall be so stacked or placed as to cause danger to any person.

 

Please state what measures have been prescribed with a view to ensuring compliance with the provisions of paragraph 4 of this Article.

 

PART III. GENERAL RULES AS TO HOISTING APPLIANCES

 

Article 11

 

1. Hoisting machines and tackle, including their attachments, anchorages and supports, shall-

 

(a)     be of good mechanical construction, sound material and adequate strength and free from patent defect; and

(b)     be kept in good repair and in good working order.

 

2. Every rope used in hoisting or lowering materials or as a means of suspension shall be of suitable quality and adequate strength and free from patent defect.

 

Please supply in the first annual report of your Government as detailed information as possible concerning national laws or regulations respecting the quality, strength, etc., of hoisting equipment, including hoisting ropes, together with such other information as may be available concerning the methods adopted to comply with this Article, and references to these methods.

 

Article 12

 

1. Hoisting machines and tackle shall be examined and adequately tested after erection on the site and before use and be re-examined in position at intervals to be prescribed by national laws or regulations.

 

2. Every chain, ring, hook, shackle, swivel and pulley block used in hoisting or lowering materials or as a means of suspension shall be periodically examined.

 

Please supply in the first annual report of your Government as much information as may be available respecting the methods used in the examination and testing of hoisting equipment. Where the compilation of such information is considered difficult or unjustifiable for practical reasons, a summary of, or reference to, the relevant regulations, etc., would suffice. Please indicate in particular the intervals at which hoisting equipment must be re-examined in accordance with paragraph 1 of this Article.

 

Article 13

 

1. Every crane driver or hoisting appliance operator shall be properly qualified.

 

2. No person under an age to be prescribed by national laws or regulations shall be in control of any hoisting machine, including any scaffold winch, or give signals to the operator.

 

Please indicate the age-limit prescribed for persons to be employed as crane operators or signallers and the requirements for securing that drivers of cranes and other hoisting appliances are properly qualified.

 

Article 14

 

1. In the case of every hoisting machine and of every chain, ring, hook, shackle, swivel and pulley block used in hoisting or lowering as a means of suspension the safe working load shall be ascertained by adequate means.

 

2. Every hoisting machine and all gear referred to in the preceding paragraph shall be plainly marked with the safe working load.

 

3. In the case of a hoisting machine having a variable safe working load each safe working load and the conditions under which it is applicable shall be clearly indicated.

 

4. No part of any hoisting machine or of any gear referred to in paragraph 1 of this Article shall be loaded beyond the safe working load except for the purpose of testing.

 

Please give any available information on the means prescribed for the determination of the safe working load, as referred to in paragraph 1 of this Article.

 

Article 15

 

1. Motors, gearing, transmissions, electric wiring and other dangerous parts of hoisting appliances shall be provided with efficient safeguards.

 

2. Hoisting appliances shall be provided with such means as will reduce to a minimum the risk of the accidental descent of the load.

 

3. Adequate precautions shall be taken to reduce to a minimum the risk of any part of a suspended load becoming accidentally displaced.

 

Please supply any information available concerning experience with regard to reliable means for preventing accidental descent of loads suspended from hoisting machinery (paragraph 2 of this Article).

 

PART IV. GENERAL RULES AS SAFETY EQUIPMENT AND FIRST AID

 

Article 16

 

1. All necessary personal safety equipment shall be kept available for the use of the persons employed on the site and be maintained in a condition suitable for immediate use.

 

2. The workers shall be required to use the equipment thus provided and the employer shall take adequate steps to ensure proper use of the equipment by those concerned.

 

Please give any information available with respect to special steps taken by the employers to ensure proper use of safety equipment (paragraph 2 of this Article) and the experience gained in this matter.

 

Article 17

 

When work is carried on in proximity to any place where there is a risk of drowning, all necessary equipment shall be provided and kept ready for use and all necessary steps shall be taken for the prompt rescue of any person in danger.

 

Article 18

 

Adequate provision shall be made for prompt first-aid treatment of all injuries likely to be sustained during the course of the work.

 

III.    In addition to the information given under Articles 1, 3 and 4 of the Convention, please state to what government department or other authority the application of the above-mentioned legislation and administrative regulations is entrusted.

 

IV.    Please state whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention. If so, please supply the text of these decisions.

 

V.      Please add a general appreciation of the manner in which the Convention is applied in your country, including, in so far as such particulars have not already been given under other questions in this form, extracts from the reports of the inspection services, and, if such statistics are available, information regarding the number of workers covered by the relevant legislation, the number and nature of the contraventions reported, the number, nature and causes of accidents reported, etc.

 

VI.    Please indicate the representative organisations of employers and workers to which copies of the present report have been communicated in accordance with article 23, paragraph 2, of the Constitution of the International Labour Organisation.[1] If copies of the report have not been communicated to representative organisations of employers and/or workers, or if they have been communicated to bodies other than such organisations, please supply information on any particular circumstances existing in your country which explain the procedure followed.

 

Please indicate whether you have received from the organisations of employers or workers concerned any observations, either of a general kind or in connection with the present or the previous report, regarding the practical application of the provisions of the Convention or the application of the legislation or other measures implementing the Convention. If so, please communicate a summary of the observations received, together with any comments that you consider useful.

 

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APPENDIX

 

FORM FOR THE

 

TRIENNIAL REPORT

 

ON THE

 

SAFETY PROVISIONS (BUILDING) RECOMMENDATION, 1937 (No. 53)

 

I.       Please give a list of the legislation, administrative regulations, etc., which ensure the application of the model code annexed to this Recommendation. Where this has not already been done, please forward copies of the said legislation, administrative regulations, etc., to the International Labour Office with this report.

 

II.      Please indicate as far as may be practicable for the several provisions of each part of the model code the provisions of the above-mentioned legislation, administrative regulations, etc., or other measures under which the provisions of the model code are implemented.

 

III.    Please indicate the authority or authorities to which the application of the above-mentioned legislation and administrative regulations, etc., is entrusted.

 

IV.    Please add a general appreciation of the manner in which the model code is applied in your country including, in so far as such particulars have not already been given under the annual report on the Safety Provisions (Building) Convention, 1937 (No. 62), or under other questions in this form, extracts from inspectors’ reports and, where such statistics are available, information regarding the number of workers covered by the relevant legislation, the number and nature of the contraventions reported, the number, nature and causes of accidents reported, etc., or any other information which your Government may consider to be of interest.