Legis

R196 - Recomendación sobre el trabajo en el sector pesquero, 2005 (núm. 196)
Recomendación sobre el trabajo en el sector pesqueroAdopción: Ginebra, 93ª reunión CIT (16 junio 2005).
[Reemplazada / Sustituyada por la Recomendación sobre el trabajo en la pesca, 2007 (núm. 199)]

Preamble

The General Conference of the International Labour Organization,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its 93rd Session on 31 May 2005, and

Taking into account the need to revise the Hours of Work (Fishing) Recommendation, 1920, and

Having decided upon the adoption of certain proposals with regard to work in the fishing sector, which is the fifth item on the agenda of the session, and

Having determined that these proposals shall take the form of a Recommendation supplementing the Work in Fishing Convention, 2005 (hereinafter referred to as "the Convention");

adopts this fifteenth day of June of the year two thousand and five the following Recommendation, which may be cited as the Work in Fishing Recommendation, 2005.
Part I. Conditions for work on board fishing vessels
Protection of young persons

1. Members should establish the requirements for the pre-sea training of persons between the ages of 16 and 18 working on board fishing vessels, taking into account international instruments concerning training for work on board fishing vessels, including occupational safety and health issues such as night work, hazardous tasks, work with dangerous machinery, manual handling and transport of heavy loads, work in high latitudes, work for excessive periods of time and other relevant issues identified after an assessment of the risks concerned.
2. The training of persons between the ages of 16 and 18 might be provided through participation in an apprenticeship or approved training programme, which should operate under established rules and be monitored by the competent authority, and should not interfere with the person's general education.
3. Members should take measures to ensure that the safety, lifesaving and survival equipment carried on board fishing vessels carrying persons under the age of 18 is appropriate for the size of such persons.
4. The working hours of fishers under the age of 18 should not exceed eight hours per day and 40 hours per week, and they should not work overtime except where unavoidable for safety reasons.
5. Fishers under the age of 18 should be assured sufficient time for all meals and a break of at least one hour for the main meal of the day.

Medical examination

6. When prescribing the nature of the examination, Members should pay due regard to the age of the person to be examined and the nature of the duties to be performed.
7. The medical certificate should be signed by a medical practitioner approved by the competent authority.
8. Arrangements should be made to enable a person who, after examination, is determined to be unfit for work on board fishing vessels or certain types of fishing vessels, or for certain types of work on board, to apply for a further examination by a medical referee or referees who should be independent of any fishing vessel owner or of any organization of fishing vessel owners or fishers.
9. The competent authority should take into account international guidance on medical examination and certification of persons working at sea, such as the (ILO/WHO) Guidelines for Conducting Pre-sea and Periodic Medical Fitness Examinations for Seafarers.
10. For fishers exempted from the application of the provisions concerning medical examination in the Convention, the competent authority should take adequate measures to provide health surveillance for the purpose of occupational safety and health.

Competency and training

11. Members should:
(a) take into account generally accepted international standards concerning training and competencies of fishers in determining the competencies required for skippers, mates, engineers and other persons working on board fishing vessels;
(b) address the following issues, with regard to the vocational training of fishers: national planning and administration, including coordination; financing and training standards; training programmes, including prevocational training and also short courses for working fishers; methods of training; and international cooperation; and
(c) ensure that there is no discrimination with regard to access to training.

Part II. Conditions of Service
Record of service

12. At the end of each contract, a record of service in regard to that contract should be made available to the fisher concerned, or entered in the fisher's service book.

Special measures

13. For fishers excluded from the scope of the Convention, the competent authority should take measures to provide them with adequate protection with respect to their conditions of work and means of dispute settlement.

Payment of fishers

14. Fishers should have the right to advances against earnings under prescribed conditions.
15. For vessels of 24 metres in length and over, all fishers should be entitled to minimum payment in accordance with national laws, regulations or collective agreements.

Part III. Accomodation

16. When establishing requirements or guidance, the competent authority should take into account relevant international guidance on accommodation, food, and health and hygiene relating to persons working or living on board vessels, including the most recent editions of the (FAO/ ILO/IMO) Code of Safety for Fishermen and Fishing Vessels and the (FAO/ ILO/IMO) Voluntary Guidelines for the Design, Construction and Equipment of Small Fishing Vessels.
17. The competent authority should work with relevant organizations and agencies to develop and disseminate educational material and on-board information and guidance concerning safe and healthy accommodation and food on board fishing vessels.
18. Inspections of crew accommodation required by the competent authority should be carried out together with initial or periodic surveys or inspections for other purposes.

Design and construction

19. Adequate insulation should be provided for exposed decks over crew accommodation spaces, external bulkheads of sleeping rooms and mess rooms, machinery casings and boundary bulkheads of galleys and otherspaces in which heat is produced, and, as necessary, to prevent condensation or overheating in sleeping rooms, mess rooms, recreation rooms and passageways.
20. Protection should be provided from the heat effects of any steam or hot water service pipes. Main steam and exhaust pipes should not pass through crew accommodation or through passageways leading to crew accommodation. Where this cannot be avoided, pipes should be adequately insulated and encased.
21. Materials and furnishings used in accommodation spaces should be impervious to dampness, easy to keep clean and not likely to harbour vermin.

Noise and vibration

22. Noise levels for working and living spaces, which are established by the competent authority, should be in conformity with the guidelines of the International Labour Organization on exposure levels to ambient factors in the workplace and, where applicable, the specific protection recommended by the International Maritime Organization, together with any subsequent amending and supplementary instruments for acceptable noise levels on board ships.
23. The competent authority, in conjunction with the competent international bodies and with representatives of organizations of fishing vessel owners and fishers and taking into account, as appropriate, relevant international standards, should review on an ongoing basis the problem of vibration on board fishing vessels with the objective of improving the protection of fishers, as far as practicable, from the adverse effects of vibration.
(1) Such review should cover the effect of exposure to excessive vibration on the health and comfort of fishers and the measures to be prescribed or recommended to reduce vibration on fishing vessels to protect fishers.
(2) Measures to reduce vibration, or its effects, to be considered should include:
(a) instruction of fishers in the dangers to their health of prolonged exposure to vibration;
(b) provision of approved personal protective equipment to fishers where necessary; and
(c) assessment of risks and reduction of exposure in sleeping rooms, mess rooms, recreational accommodation and catering facilities and other fishers' accommodation by adopting measures in accordance with the guidance provided by the (ILO) Code of practice on ambient factors in the workplace and any subsequent revisions, taking into account the difference between exposure in the workplace and in the living space.

Heating

24. The heating system should be capable of maintaining the temperature in crew accommodation at a satisfactory level, as established by the competent authority, under normal conditions of weather and climate likely to be met with on service, and should be designed so as not to endanger the health or safety of the fishers or the safety of the vessel.

Lighting

25. Methods of lighting should not endanger the health and safety of the fishers or the safety of the vessel.

Sleeping rooms

26. Each berth should be fitted with a comfortable mattress with a cushioned bottom or a combined mattress, including a spring bottom, or a spring mattress. The cushioning material used should be made of approved material. Berths should not be placed side by side in such a way that access to one berth can be obtained only over another. The lower berth in a double tier should not be less than 0.3 metres above the floor, and the upper berth should be fitted with a dust-proof bottom and placed approximately midway between the bottom of the lower berth and the lower side of the deck head beams. Berths should not be arranged in tiers of more than two. In the case of berths placed along the vessel's side, there should be only a single tier when a sidelight is situated above a berth.
27. Sleeping rooms should be fitted with curtains for the sidelights, as well as a mirror, small cabinets for toilet requisites, a book rack and a sufficient number of coat hooks.
28. As far as practicable, berthing of crew members should be so arranged that watches are separated and that no day worker shares a room with a watch-keeper.
29. On vessels of 24 metres in length and over, separate sleeping rooms for men and women should be provided.

Sanitary accommodation

30. Sanitary accommodation spaces should have:
(a) floors of approved durable material which can be easily cleaned, and which are impervious to dampness and properly drained;
(b) bulkheads of steel or other approved material which should be watertight up to at least 0.23 metres above the level of the deck;
(c) sufficient lighting, heating and ventilation; and
(d) soil pipes and waste pipes of adequate dimensions which are constructed so as to minimize the risk of obstruction and to facilitate cleaning; such pipes should not pass through fresh water or drinkingwater tanks, nor should they, if practicable, pass overhead in mess rooms or sleeping accommodation.
31. Toilets should be of an approved type and provided with an ample flush of water, available at all times and independently controllable. Where practicable, they should be situated convenient to, but separate from, sleeping rooms and washrooms. Where there is more than one toilet in a compartment, the toilets should be sufficiently screened to ensure privacy.
32. Separate sanitary facilities should be provided for women fishers.

Recreational facilities

33. Where recreational facilities are required, furnishings should include, as a minimum, a bookcase and facilities for reading, writing and, where practicable, games. Recreational facilities and services should be reviewed frequently to ensure that they are appropriate in the light of changes in the needs of fishers resulting from technical, operational and other developments. Consideration should also be given to including the following facilities at no cost to the fishers, where practicable:
(a) a smoking room;
(b) television viewing and the reception of radio broadcasts;
(c) projection of films or video films, the stock of which should be adequate for the duration of the voyage and, where necessary, changed at reasonable intervals;
(d) sports equipment including exercise equipment, table games, and deck games;
(e) a library containing vocational and other books, the stock of which should be adequate for the duration of the voyage and changed at reasonable intervals;
(f) facilities for recreational handicrafts; and
(g) electronic equipment such as radio, television, video recorder, DVD/CD player, personal computer and software, and cassette recorder/player.

Food

34. Fishers employed as cooks should be trained and qualified for their position on board.

Part IV. Medical care, health protection and social security
Medical care on board

35. The competent authority should establish a list of medical supplies and equipment appropriate to the risks concerned that should be carried on fishing vessels; such list should include women's sanitary protection supplies together with discreet, environmentally friendly disposal units.
36. Fishing vessels carrying 100 or more fishers should have a qualified medical doctor on board.
37. Fishers should receive training in basic first aid in accordance with national laws and regulations, taking into account applicable international instruments.
38. A standard medical report form should be specially designed to facilitate the confidential exchange of medical and related information concerning individual fishers between the fishing vessel and the shore in cases of illness or injury.
39. For vessels of 24 metres in length and over, in addition to the provisions of Article 32 of the Convention, the following elements should be taken into account:
(a) when prescribing the medical equipment and supplies to be carried on board, the competent authority should take into account international recommendations in this field, such as those contained in the most recent editions of the (ILO/IMO/WHO) International Medical Guide for Ships and the (WHO) Model List of Essential Medicines, as well as advances in medical knowledge and approved methods of treatment;
(b) inspections of medical equipment and supplies should take place at intervals of no more than 12 months; the inspector should ensure that expiry dates and conditions of storage of all medicines are checked, the contents of the medicine chest are listed and conform to the medical guide used nationally, and medical supplies are labelled with generic names in addition to any brand names used, and with expiry dates and conditions of storage;
(c) the medical guide should explain how the contents of the medical equipment and supplies are to be used, and should be designed to enable persons other than a medical doctor to care for the sick or injured on board, both with and without medical advice by radio or satellite communication; the guide should be prepared taking into account international recommendations in this field, including those contained in the most recent editions of the (ILO/IMO/WHO) International Medical Guide for Ships and the (IMO) Medical First Aid Guide for Use in Accidents Involving Dangerous Goods; and
(d) medical advice provided by radio or satellite communication should be available free of charge to all vessels irrespective of the flag they fly.

Occupational safety and health

Research, dissemination of information and consultation

40. In order to contribute to the continuous improvement of safety and health of fishers, Members should have in place policies and programmes for the prevention of accidents on board fishing vessels which should provide for the gathering and dissemination of occupational health and safety materials, research and analysis, taking into consideration technological progress and knowledge in the field of occupational safety and health as well as of relevant international instruments.
41. The competent authority should take measures to ensure regular consultations on safety and health matters with the aim of ensuring that all concerned are kept reasonably informed of national, international and other developments in the field and on their possible application to fishing vessels flying the flag of the Member.
42. When ensuring that fishing vessel owners, skippers, fishers and other relevant persons receive sufficient and suitable guidance, training material, or other appropriate information, the competent authority should take into account relevant international standards, codes, guidance and other information. In so doing, the competent authority should keep abreast of and utilize international research and guidance concerning safety and health in the fishing sector, including relevant research in occupational safety and health in general which may be applicable to work on board fishing vessels.
43. Information concerning particular hazards should be brought to the attention of all fishers and other persons on board through official notices containing instructions or guidance, or other appropriate means.
44. Joint committees on occupational safety and health should be established:
(a) ashore; or
(b) on fishing vessels, where determined by the competent authority, after consultation, to be practicable in light of the number of fishers on board the vessel.

Occupational safety and health management systems

45. When establishing methods and programmes concerning safety and health in the fishing sector, the competent authority should take into account any relevant international guidance concerning occupational safety and health management systems, including the Guidelines on occupational safety and health management systems, ILO-OSH 2001.

Risk evaluation

46.
(1) Risk evaluation in relation to fishing should be conducted, as appropriate, with the participation of fishers or their representatives and should include:
(a) risk assessment and management;
(b) training, taking into consideration the relevant provisions of Chapter III of the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995 (STCW-F Convention) adopted by the IMO; and
(c) on-board instruction of fishers.
(2) To give effect to subparagraph (1)(a), Members, after consultation, should adopt laws, regulations or other measures requiring:
(a) the regular and active involvement of all fishers in improving safety and health by continually identifying hazards, assessing risks and taking action to address risks through safety management;
(b) an occupational safety and health management system that may include an occupational safety and health policy, provisions for fisher participation and provisions concerning organizing, planning, implementing and evaluating the system and taking action to improve the system; and
(c) a system for the purpose of assisting in the implementation of a safety and health policy and programme and providing fishers with a forum to influence safety and health matters; on-board prevention procedures should be designed so as to involve fishers in the identification of hazards and potential hazards and in the implementation of measures to reduce or eliminate such hazards.
(3) When developing the provisions referred to in subparagraph (1)(a), Members should take into account the relevant international instruments on risk assessment and management.

Technical specifications

47. Members should address the following, to the extent practicable and as appropriate to the conditions in the fishing sector:
(a) seaworthiness and stability of fishing vessels;
(b) radio communications;
(c) temperature, ventilation and lighting of working areas;
(d) mitigation of the slipperiness of deck surfaces;
(e) machinery safety, including guarding of machinery;
(f) vessel familiarization for fishers and fisheries observers new to the vessel;
(g) personal protective equipment;
(h) fire-fighting and lifesaving;
(i) loading and unloading of the vessel;
(j) lifting gear;
(k) anchoring and mooring equipment;
(l) safety and health in living quarters;
(m) noise and vibration in work areas;
(n) ergonomics, including in relation to the layout of workstations and manual lifting and handling;
(o) equipment and procedures for the catching, handling, storage and processing of fish and other marine resources;
(p) vessel design, construction and modification relevant to occupational safety and health;
(q) navigation and vessel handling;
(r) hazardous materials used on board the vessel;
(s) safe means of access to and exit from fishing vessels in port;
(t) special safety and health requirements for young persons;
(u) prevention of fatigue; and
(v) other issues related to safety and health.
48. When developing laws, regulations or other measures concerning technical standards relating to safety and health on board fishing vessels, the competent authority should take into account the most recent edition of the (FAO/ILO/IMO) Code of Safety for Fishermen and Fishing Vessels, Part A.

Establishment of a list of occupational diseases

49. Members should establish a list of diseases known to arise out of exposure to dangerous substances or conditions in the fishing sector.

Social security

50. For the purpose of extending social security protection progressively to all fishers, Members should maintain up-to-date information on the following:
(a) the percentage of fishers covered;
(b) the range of contingencies covered; and
(c) the level of benefits.
51. Every person protected under Article 34 of the Convention should have a right of appeal in the case of a refusal of the benefit or of an adverse determination as to the quality or quantity of the benefit.
52. The protections referred to in Articles 38 and 39 of the Convention should be granted throughout the contingency covered.

Part V. Other provisions

53. A Member, in its capacity as a coastal State, when granting licences for fishing in its exclusive economic zone, may require that fishing vessels comply with the standards of the Convention. If such licences are issued by coastal States, these States should take into account certificates or other valid documents stating that the vessel concerned has been inspected by the competent authority or on its behalf and has been found to be in compliance with the provisions of the Convention concerning work in the fishing sector.