Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 4 of the Convention. Obligation of the vendor, the person letting out on hire, or transferring the machinery and of the manufacturer, to ensure application of safety measures. Further to its previous comments, the Committee notes the Government’s statement indicating that the amendment of Ministerial Order No. 114 of 1996, by virtue of Ministerial Order No. 164 of 2006, relates to the necessary precautions and requirements at workplaces in order to protect workers and visitors from occupational hazards. The Government states that Chapter 3 of the same order provides for the requirements for protection of machinery so as to avoid the occurrence of associated accidents. The Committee notes that the text provided by the Government does not indicate that the obligation to apply the provisions of Article 2 of the Convention shall rest on the vendor, the person letting out on hire or transferring the machine in any other manner, or the exhibitor and where appropriate, on their respective agents; as well as on the manufacturer when she/he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it. The Committee once again requests the Government to indicate the measures taken or envisaged to give effect to this Article.

Part V of the report form. Application in practice. In its previous comments, the Committee noted the statistical information provided by the Government on industrial accidents in various economic activities for 2001. Noting that the accident rate associated with machines was relatively high (18 per cent) in comparison with accidents associated with other economic activities, the Committee requested the Government to indicate the measures taken or envisaged to reduce the number of accidents associated with machines, and to continue to provide statistical information. Noting that the Government has not provided such information, the Committee reiterates its request that the Government provide this information in its next report.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report, including Order No. 114 of 1996 concerning conditions that must be met at workplaces to ensure protection of workers against occupational risks.

2. Article 4 of the Convention. Obligation of the vendor, the person letting out on hire, or transferring the machine and of the manufacturer to ensure application of safety measures. Further to its previous comments, the Committee notes that neither the Labour Code nor Order No. 114 of 1996 indicates that the obligation shall rest on the vendor, the person letting out on hire or transferring the machine in any other manner, or the exhibitor or, where appropriate, on their respective agents as well as on the manufacturer when she/he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it to apply the provisions of Article 2 of the Convention. The Committee requests the Government to indicate the measures taken or envisaged to give effect to this Article.

3. Part V of the report form. The Committee notes with interest the statistical information on industrial accidents in various economic activities for 2001. The Committee notes that the accident rate associated with machines is relatively high (18 per cent) in comparison with accidents associated with other economic activities. The Committee requests the Government to indicate the measures taken or envisaged to reduce the number of accidents associated with machines, and to continue to provide statistical information.

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

Article 2, paragraph 1, and Article 4 of the Convention. Further to its previous comments, the Committee notes the information that sections 1 and 33 of Ministerial Order No. 114 of 1996 provide that the sale, exposition, transport, hire, use of machinery of which the dangerous parts are not well-guarded shall be prohibited. It also notes that sections 40-46 (and particularly the first paragraph of section 40) of the Labour Code in the Private Sector No. 38 of 1964 provide that the employer shall provide suitable means of prevention for protection of labourers, during work, against accidents resulting from the use of mechanical equipment and machinery, transmission gears, hoisting and conveying machines, etc. The Committee notes from the Government’s report that section 2 of Ministerial Order No. 114 of 1996 relating to the conditions and requirements to be met at workplaces for the protection of workers against occupational hazards covers both new and second-hand machinery irrespective of the sector of economic activity. While section 33 of Ministerial Order No. 114, as described in the Government’s report, may meet a good part of the requirements of these Articles of the Convention, the Committee recalls that it must also require the vendor and the person hiring out this machinery to ensure compliance with the prohibition.

The Committee notes that the various legislative texts applying the provisions of the Convention that were indicated as enclosed with the Government’s most recent report have not been received. Please provide copies of these texts, including a copy of Ministerial Order No. 114 of 1996, as the previous text communicated to the Office bearing the same references only dealt with the establishment of a committee to study labour standards and Conventions.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Article 2, paragraph 1, and Article 4 of the Convention. For a number of years the Committee has been drawing the Government's attention to the absence of any provision in the national legislation expressly prohibiting the sale and hire of any machinery, whether new or second-hand, of which the dangerous parts are without appropriate guards (irrespective of the sector of economic activity in which the machinery is used) and requiring the vendor and the person hiring out this machinery to ensure compliance with the prohibition.

In answer to the Committee's comments, the Government refers several times to the provisions of sections 3 and 6 of Ministerial Decision No. 56 of 1982 as giving effect to the above-mentioned provisions of the Convention. Section 3 of the above Decision, however, applies only to road vehicles and mobile agricultural machinery, and section 6, which applies to machinery which may have dangerous parts, but without specifying them, does not prohibit its sale or hire.

In its last report the Government indicates the difficulties it is having in importing machinery with proper guards. The Committee notes this information. It asks the Government to provide information on the measures taken or envisaged to ensure the application of these provisions of the Convention.

2. Article 16. In its last report the Government states that the Ministry of Social Affairs and Labour takes account of this requirement in drafting any legislation on this subject. The Committee notes the Government's statement.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its last report.

Article 2, paragraph 1, and Article 4 of the Convention. For a number of years the Committee has been drawing the Government's attention to the absence of any provision in the national legislation expressly prohibiting the sale and hire of any machinery, whether new or second-hand, of which the dangerous parts are without appropriate guards (irrespective of the sector of economic activity in which the machinery is used) and requiring the vendor and the person hiring out this machinery to ensure compliance with the prohibition.

In answer to the Committee's comments, the Government refers several times to the provisions of sections 3 and 6 of Ministerial Decision No. 56 of 1982 as giving effect to the above-mentioned provisions of the Convention. Section 3 of the above Decision, however, applies only to road vehicles and mobile agricultural machinery, and section 6, which applies to machinery which may have dangerous parts, but without specifying them, does not prohibit its sale or hire.

In its last report the Government indicates the difficulties it is having in importing machinery with proper guards. The Committee notes this information. It asks the Government to provide information on the measures taken or envisaged to ensure the application of these provisions of the Convention.

2. Article 16. In its last report the Government states that the Ministry of Social Affairs and Labour takes account of this requirement in drafting any legislation on this subject. The Committee notes the Government's statement.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's latest report contains no reply to its earlier comments. It hopes that the next report will supply full information on the following points raised in the previous direct request:

Article 2, paragraph 1, and Article 4 of the Convention. The Government states that sections 3 and 6 of Ministerial Decision No. 56 of 1982 obliges the employer to provide workers with the appropriate guards. The Committee points out that section 3 of the above Decision only applies to road vehicles and to mobile agricultural machinery, whereas Article 2, paragraph 1, prohibits the sale and hire of any machinery, whether new or second hand, of which the dangerous parts are without appropriate guards, irrespective of the sector of economic activity in which the machinery is used, and that under the terms of Article 4, the obligation to ensure compliance with this prohibition rests on the vendor and the person letting out on hire this machinery. The Committee hopes that the next report will indicate the measures that have been taken or are envisaged to give full effect to these provisions.

Article 16. The Government states that ministerial decisions and orders are based on the interests of the workers and the employers. The Committee points out that under the above Article, national laws or regulations giving effect to the provisions of the Convention shall be made by the competent authority after consultation with the most representative organizations of employers and workers concerned. It hopes that in future the Government will ensure the consultation provided for by this Article when formulating relevant ministerial decisions and orders.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the information supplied by the Government in reply to its previous comments. It wishes to draw the Government's attention to the following points:

Article 2, paragraph 1, and Article 4 of the Convention. The Government states that sections 3 and 6 of Ministerial Decision No. 56 of 1982 obliges the employer to provide workers with the appropriate guards. The Committee points out that section 3 of the above Decision only applies to road vehicles and to mobile agricultural machinery, whereas Article 2, paragraph 1, prohibits the sale and hire of any machinery, whether new or second hand, of which the dangerous parts are without appropriate guards, irrespective of the sector of economic activity in which the machinery is used, and that under the terms of Article 4, the obligation to ensure compliance with this prohibition rests on the vendor and the person letting out on hire this machinery. The Committee hopes that the next report will indicate the measures that have been taken or are envisaged to give full effect to these provisions.

Article 16. The Government states that ministerial decisions and orders are based on the interests of the workers and the employers. The Committee points out that under the above Article, national laws or regulations giving effect to the provisions of the Convention shall be made by the competent authority after consultation with the most representative organisations of employers and workers concerned. It hopes that in future the Government will ensure the consultation provided for by this Article when formulating relevant ministerial decisions and orders.