I.L.O. Convention 32 clause. The International Labour Organisation, an agency of the United Nations, is concerned with the safety of working conditions in a variety of fields, the maritime industry being one.
The ILO sponsors “Conventions” or international agreements to implement details contained in the Conventions. Related to the maritime industry is, for example Convention 147, dealing with good working standards for seafarers, and Convention 32 agreed in I968, dealing with safety and health of stevedores who labour for the loading and discharging of ships. A clause can be inserted in the charterparty requiring the shipowner to ensure the ship is fitted with cargo-handling equipment to protect the health and safety of stevedores. This is, in any case, part of the obligation on the owner in a time charter, because the ship is to be delivered usually “in every way fitted for ordinary (cargo) service” (clause 1 of BALTIME and line 22 of the “Preamble” to the NYPE Time charterparties).
The ILO Convention 32 clause is usually added as a “rider clause”, especially if the ship is to trade to ports in the U.S.A., which are very strict about stevedore and longshoremen safety. Delays can take place if the ship does not comply with the requirements of the Convention. A specimen of such a clause is given below:
“The vessel’s equipment shall at all times be in good working order and comply with the regulations of the countries in which the vessel can be employed under this Charterparty (including I.L.O.
Convention Number 32, which is statutory in the U.S.A. under Public Law 85-742, Part 9,.Safery and Health Regulations for Long shoring) and the Owners are to ensure that the vessel is at all times
in possession of valid and up-to-date Certificates to comply with such Regulations in any respects. If stevedores, longshoremen and other workmen are not permitted to work due to failure of Master
and/or Owners’ agents to comply with the aforementioned regulations any delay shall be for Owners’ account and the Owners are to pay all expenses incurred incidental thereto and resulting from such a failure and hire shall cease until the vessel is in a position to comply with aforementioned Regulations.”
Such a clause is certainly a large obligation on the shipowner, requiring considerable knowledge of and diligence by the employees on board the ship and ashore in the offices of the shipping company and also the owner’s agents in ports.
