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Repetition The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 2 June 2015, to the effect that the number of accidents notified to the National Social Security Fund (CNAPS) is very low, owing to the fact that monitoring of the application of the Convention is not undertaken officially or at regular intervals, and that there should be an official report for this kind of notification. The Committee requests the Government to send its comments on this matter. Legislation. The Committee notes the concise information supplied by the Government in reply to its previous comments, in which it expressed the hope that the adoption of implementing regulations for the Occupational Safety and Health Code would enable effect to be given to Articles 2 and 4 of the Convention. It notes the Government’s indication that Order No. 889 of 20 May 1960 establishing general occupational safety and health measures remains in force but that it intends to revise it in order to take account of the current context, including the protection of machinery, and that the participation of a number of entities and qualified persons will be necessary for the revision process. It also notes that section 120 of the Labour Code of 2004 provides that work installations and materials are subject to compulsory safety standards and must undergo systematic inspection, maintenance and checking in order to prevent the risk of accidents. Furthermore, the Committee notes the Government’s indication that the labour inspectorate is intensifying controls on machines imported into the country. The Committee requests the Government to take the necessary steps to ensure the revision of Order No. 889, particularly with a view to giving effect to the Convention, and to provide information on all progress made in this respect. It also requests the Government to provide information on the measures taken in the meantime to ensure the application of Articles 2 and 4 of the Convention, prohibiting the vendor, the person letting out on hire or transferring the machinery in any other manner, the exhibitor or the manufacturer, to sell, let out on hire, transfer in any other manner or exhibit machinery of which the dangerous parts specified in Article 2(3) and (4) are without appropriate guards. Application in practice. The Committee requests the Government to provide an appreciation of the manner in which the Convention is applied in practice, including, for example, extracts from inspection reports and, where such statistics exist, details of the number of accidents recorded in relation to the Convention, the number and nature of infringements reported, etc.
Repetition The Committee notes the brief information in the Government’s latest report, indicating the adoption of a new Labour Code Law (No. 2003-044), which includes provisions requiring systems, equipment and construction materials to be subjected to compulsory safety standards, including monitoring, maintenance and systematic checks. The Committee further notes the Government’s intention to revise the safety and health provisions of Order No. 889 of 20 May 1960 to take into account the new Labour Code. The Committee reiterates, as it has done on previous occasions, its sincere hope that the Government will finally adopt the implementing texts which have been announced for a number of years in order to give effect to the provisions of Articles 2 and 4 of the Convention. It hopes that these legislative texts will contain provisions giving effect to Articles 2 and 4 of the Convention, which prohibit the sale, hire, transfer in any other manner or exhibition of machinery of which the dangerous parts specified in Article 2(3) and (4) are without appropriate guards, the obligation to ensure compliance with these prohibitions resting on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or manufacturer who sells, lets out on hire, transfers in any other manner, or exhibits machinery.
The Committee notes the brief information in the Government’s latest report, indicating the adoption of a new Labour Code Law (No. 2003-044), which includes provisions requiring systems, equipment and construction materials to be subjected to compulsory safety standards, including monitoring, maintenance and systematic checks. The Committee further notes the Government’s intention to revise the safety and health provisions of Order No. 889 of 20 May 1960 to take into account the new Labour Code. The Committee reiterates, as it has done on previous occasions, its sincere hope that the Government will finally adopt the implementing texts which have been announced for a number of years in order to give effect to the provisions of Articles 2 and 4 of the Convention. It hopes that these legislative texts will contain provisions giving effect to Articles 2 and 4 of the Convention, which prohibit the sale, hire, transfer in any other manner or exhibition of machinery of which the dangerous parts specified in Article 2, paragraphs 3 and 4, are without appropriate guards, the obligation to ensure compliance with these prohibitions resting on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or manufacturer who sells, lets out on hire, transfers in any other manner, or exhibits machinery.
The Committee notes the brief information provided by the Government in reply to its previous comments. It notes that the Technical Advisory Committee (CTC), established under Order No. 20561 of 2 November 2003, will examine in the near future the texts implementing the new Decree and the application in practice of the provisions of the Convention. The Committee can therefore only express the sincere hope that the Government will finally adopt the implementing texts which have been announced for a number of years in order to give effect to the provisions of Articles 2 and 4 of the Convention. It hopes that these legislative texts will contain provisions giving effect to Articles 2 and 4 of the Convention, which prohibit the sale, hire, transfer in any other manner or exhibition of machinery of which the dangerous parts specified in Article 2, paragraphs 3 and 4, are without appropriate guards, the obligation to ensure compliance with these prohibitions resting on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or manufacturer who sells, lets out on hire, transfers in any other manner or exhibits machinery.
The Committee notes that, according to the Government’s report, the technical advisory committee, the organization and operation of which were established by Decree No. 99-130 of 17 February 1999, will be responsible for the formulation of texts specifically relating to the various branches of activity and will not fail, at the same time, to examine the effect that is given to the provisions of the Convention. The Committee hopes that the above texts will contain provisions giving effect to Articles 2 and 4 of the Convention, which provide that the sale, hire, transfer in any other manner and exhibition of machinery, of which the dangerous parts specified in paragraphs 3 and 4 of Article 2 are without appropriate guards, shall be prohibited, and specifying that the obligation to ensure compliance with these provisions shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, the exhibitor or the manufacturer when he sells the machinery, lets it out on hire, transfers it in any other manner or exhibits it (Article 4).
The Committee hopes that the Government will make every effort to ensure that the above texts are adopted in the very near future and requests the Government to keep it informed in this respect and to provide a copy of the texts once they are adopted.
1. The Committee notes that, according to the report provided by the Government, the change that has occurred at the level of the Constitution adopted on 15 March 1998 (Constitutional Act No. 98-001 of 8 April 1998) does not modify the general principles of the Constitution of 1992. It also notes that no other changes have occurred in the provisions of the law and regulations that are in force and that the former texts remain in force in so far as the implementing texts of the Labour Code (Act No. 94-029 of 25 August 1995) and the Occupational Safety, Health and the Working Environment Code (Act No. 94-027 of 17 November 1994) have not yet been published.
The Committee also notes the adoption of Decree No. 99-130 of 17 February 1999 respecting the organization and operation of the Advisory Technical Committee on Occupational Safety, Health and the Working Environment, section 10 of which provides that the measures for the application of the Decree are to be, as necessary, determined by order issued by the Minister responsible for labour and social protection. The Committee requests the Government to keep it informed of the measures adopted with a view to the application of the above text.
2. The Committee therefore notes with regret that the Government’s report does not reply to its previous comments. It recalls that for many years it has been urging the Government to adopt texts implementing the Occupational Safety, Health and the Working Environment Code in order to give effect to Articles 2 and 4 of the Convention, which provide that the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts specified in Article 2, paragraphs (2) and (3),are without appropriate guards must be prohibited, and that the obligation to ensure compliance with these provisions must rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor, as well on the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it.
The Committee once again hopes that the Government will not fail to adopt the above implementing texts and will provide a copy of the adopted texts.
The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
In its previous comments, the Committee expressed the hope that the implementing texts of the Occupational Safety and Health Code which, according to the Government, were being drafted would give effect to the provisions of the Convention, particularly Articles 2 and 4 which provide that the sale, hire, transfer in any other manner and exhibiting of machinery of which the dangerous parts specified in paragraphs 2 and 3 of Article 2 are without appropriate guards must be prohibited, and that the obligation to ensure compliance with these provisions must rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor, as well as on the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it. In the absence of any information from the Government, the Committee once again requests information on any progress made in this respect including a copy of the implementing texts, as soon as they have been adopted.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
In its previous comments, the Committee expressed the hope that the implementing texts of the Occupational Safety and Health Code which, according to the Government, were being drafted would give effect to the provisions of the Convention, particularly Articles 2 and 4 which provide that the sale, hire, transfer in any other manner and exhibiting of machinery of which the dangerous parts specified in paragraphs 2 and 3 of Article 2 are without appropriate guards must be prohibited, and that the obligation to ensure compliance with these provisions must rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor, as well as on the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it.
In the absence of any information from the Government, the Committee once again requests information on any progress made in this respect including a copy of the implementing texts, as soon as they have been adopted.
The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:
Articles 2 and 4 of the Convention. In the comments it has been making for a number of years, the Committee observed that Order No. 889 of 20 May 1960 contains, in sections 44 to 58, detailed provisions on the guarding of machinery, but that these provisions are applicable only to the use of the machinery and therefore have a more restricted scope than the provisions of the Convention. This instrument prohibits the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts specified in paragraphs 3 and 4 of the same Article are without appropriate guards. The Committee requested the Government to take the necessary measures to give full effect to the Convention on this point. In its report for 1988-89, the Government stated that sections 55 to 58 of Order No. 889 lie within the terms of the Convention since they prohibit the employer from using machinery on which the dangerous parts are not protected and which have not been formally approved. The Government added that, by extension, the prohibition of the sale, hire or transfer of this machinery may be deduced; however, a draft Order to amend or supplement Order No. 889 of 20 May 1960 was under examination by the Directorate of Labour and the new text will take into account the provisions of the Convention. The Committee refers to paragraphs 55 to 63 of its 1987 General Survey on Safety in the Working Environment, in which it emphasized that "a mere prohibition of the use of inadequately guarded machinery cannot ... be considered as obviating the need to apply the requirements of Part II of the Convention concerning its sale, hire and transfer" (paragraph 62), and that "the prohibitions laid down in the Convention apply not only to the initial sale but also to subsequent sales by agents and to the hire, transfer and exhibition of unguarded machines, whether new or reconditioned" (paragraph 70).
The Committee once again urges the Government to take the necessary measures to give full effect to the Convention.
The Committee notes that the Government indicates in its last report that the National Assembly has adopted the Code of Labour Hygiene, Safety and the Work Environment, and that the pertinent regulatory texts are being prepared. The Committee hopes that these texts will give effect to the provisions of the Convention and, in particular, to Articles 2 and 4 which specify that the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts specified in paragraphs 2 and 3 of Article 2 are without appropriate guards shall be prohibited. The obligation to apply these prohibitions rests on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor, and on the manufacturer when he sells machinery, lets it out on hire or exhibits it.
The Committee requests the Government to provide information on any progress made in this regard and to supply copies of the texts in question when adopted.
Articles 2 and 4 of the Convention. In the comments it has been making for a number of years, the Committee observed that Order No. 889 of 20 May 1960 contains, in sections 44 to 58, detailed provisions on the guarding of machinery, but that these provisions are applicable only to the use of the machinery and therefore have a more restricted scope than the provisions of the Convention. This instrument prohibits the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts specified in paragraphs 3 and 4 of the same Article are without appropriate guards. The Committee requested the Government to take the necessary measures to give full effect to the Convention on this point. In its last report, the Government stated that sections 55 to 58 of Order No. 889 lie within the terms of the Convention since they prohibit the employer from using machinery on which the dangerous parts are not protected and which have not been formally approved. The Government added that, by extension, the prohibition of the sale, hire or transfer of this machinery may be deduced; however, a draft Order to amend or supplement Order No. 889 of 20 May 1960 was under examination by the Directorate of Labour and the new text will take into account the provisions of the Convention. The Committee refers to paragraphs 55 to 63 of its 1987 General Survey on Safety in the Working Environment, in which it emphasized that "a mere prohibition of the use of inadequately guarded machinery cannot ... be considered as obviating the need to apply the requirements of Part II of the Convention concerning its sale, hire and transfer" (paragraph 62), and that "the prohibitions laid down in the Convention apply not only to the initial sale but also to subsequent sales by agents and to the hire, transfer and exhibition of unguarded machines, whether new or reconditioned" (paragraph 70). The Committee once again urges the Government to take the necessary measures to give full effect to the Convention.
Articles 2 and 4 of the Convention. In the comments it has been making for a number of years, the Committee has observed that Order No. 889 of 20 May 1960 contains, in sections 44 to 58, detailed provisions on the guarding of machinery, but that these provisions are applicable only to the use of the machinery and therefore have a more restricted scope than the provisions of the Convention. This instrument prohibits the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts specified in paragraphs 3 and 4 of the same Article are without appropriate guards. The Committee requested the Government to take the necessary measures to give full effect to the Convention on this point.
In its last report, the Government states that sections 55 to 58 of Order No. 889 lie within the terms of the Convention since they prohibit the employer from using machinery on which the dangerous parts are not protected and which have not been formally approved. The Government adds that, by extension, the prohibition of the sale, hire or transfer of this machinery may be deduced; however, a draft Order to amend or supplement Order No. 889 of 20 May 1960 is under examination by the Directorate of Labour and the new text will take into account the provisions of the Convention.
The Committee refers to paragraphs 55 to 63 of its 1987 General Survey on Safety in the Working Environment, in which it emphasised that "a mere prohibition of the use of inadequately guarded machinery cannot ... be considered as obviating the need to apply the requirements of Part II of the Convention concerning its sale, hire and transfer" (paragraph 62), and that "the prohibitions laid down in the Convention apply not only to the initial sale but also to subsequent sales by agents and to the hire, transfer and exhibition of unguarded machines, whether new or reconditioned" (paragraph 70).