Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information in the Government’s latest report. As it contains very little new information in reply to the Committee’s previous comments, the Committee is once again required to draw the Government’s attention to the following points.

2. Article 2, paragraphs 1 and 2, and Articles 4 and 15 of the Convention. Prohibition of the sale, hire, transfer, in any other manner, and exhibition of machinery of which the dangerous parts are without appropriate guards and penalties. With reference to its previous comments, the Committee notes the information provided by the Government that enterprises that use machinery and/or equipment without protection are penalized. It also notes once again that ILO assistance has been requested in 2006 for a revision of the provisions that are in force respecting occupational safety and health to regulate and discuss on a tripartite basis matters relating to Articles 4 and 15 of the Convention. The Committee hopes that, following revision, the national legislation will contain provisions explicitly prohibiting the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, providing that the obligation to ensure compliance with this prohibition shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and their respective agents, and establishing penalties to give effect to the provisions of the Convention. The Committee requests the Government to provide a copy of the revised text once it has been adopted.

3. Part V of the report form. Application of the Convention in practice. The Committee notes the inspections carried out in the enterprise Aceros del Paraguay-Acepar S.A. pursuant to Inspection Order No. 79/07 and in the enterprise Achon Industrial pursuant to Inspection Order No. 80/07. The Committee requests the Government to provide more ample information regarding the application in practice of the present Convention including statistical data on labour inspections, the number and nature of the infringements reported, the number and nature and cause of the accidents occurring, etc.