Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report and the information and replies to its previous comments on Articles 7 and 14 of the Convention, and on the validity of resolution No. 649/80.

Article 2, paragraphs 1 and 2, Articles 4 and 15. Further to its previous comments, the Committee notes the information that the Government has noted the need to prohibit expressly by laws or regulations or other equally effective measures, the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, and to require the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or their respective agents to ensure compliance with this prohibition. It notes however that contrary to the Government’s statement, section 391 of the Labour Code does not provide for penalties concerning the enforcement of provisions of the Convention covering, in addition to the employer, the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or their agents as required by Articles 4 and 15 of the Convention. The Committee hopes the Government will soon take the necessary measures to prohibit expressly the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards (Article 2, paragraphs 1 and 2), and to provide for penalties to enforce the provisions of the Convention (Article 15).