General provisions

• Pages: 12-35

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2. General provisions

General provisions

2.1. Responsibilities

2.1.1. General requirements

Safety in ports is the responsibility of everyone who is

directly or indirectly concerned with work in ports and

needs to cooperate to develop safe systems of work and en-

sure that they are put into practice. The introduction of new

ideas and concepts in cargo handling demands that special

attention be paid to safety requirements. The guidance

given in this code of practice relates to both new and existing

working practices.

2.1.2. Competent authorities

1. When more than one authority is responsible for

drawing up relevant legal requirements that apply to ports,

it is essential that they liaise in order to ensure that their

requirements are consistent with the relevant international

instruments.

2. Competent authorities should ensure that legal re-

quirements on safety and health in ports are put into prac-

tice. These should clearly define the bodies responsible for

enforcing them and clearly identify duty holders. Enforce-

ment bodies should also carry out accident and injury

prevention activities, including the provision of appropriate

information.

3. It is highly desirable that occupational safety and

health regulations in each country be based on relevant

international texts, including instruments adopted by the

International Labour Organization (ILO), the International

General provisions

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Maritime Organization (IMO) and the International Organ-

ization for Standardization (ISO). The legal requirements

relating to port work should implement the provisions of

Convention No. 152 and should apply to ships of all flags

when in a port.

4. Legal requirements should be framed in goal-setting

terms, specifying the objectives to be achieved, rather than

being prescriptive, thus allowing flexibility in the methods

of achieving the objectives. This code will help competent

authorities to publish guidance on how the objectives of

their legal requirements based on Convention No. 152 can

be achieved.

2.1.3. Port employers

1. Port employers, port authorities who carry out the

function of a port employer and any other person who em-

ploys workers, on a permanent or temporary basis, should

provide and maintain the workplace, plant and equipment

they own, control or operate in a safe condition. They

should also provide up-to-date written information on their

safe use and operation.

2. Bodies employing or managing portworkers should:

— ensure that all portworkers (especially newly engaged

workers) are properly instructed in the hazards of their

respective occupations and the precautions that are

necessary to avoid accidents and injuries;

— ensure that portworkers are appropriately informed of

national or local legal requirements relating to their

protection;

— provide appropriate supervision to ensure that the con-

ditions of work of portworkers are as safe and healthy as