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Previous comments: C.115, C.119 and C.120
The Committee refers to the first paragraph of its comments on the application of the Hygiene (Commerce and Offices) Convention, 1964 (No. 120), in which, among other indications, it notes the Government’s indication that it would be of great significance for it to continue to receive ILO technical assistance related to occupational safety and health as it has been observed that the workers, in particular, are not aware of the labour legislation in relation to the prevention of employment accidents and occupational diseases.
Articles 2 and 4 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. In its previous comments, the Committee noted that ILO assistance had been requested in 2006 for a revision of the provisions that are in force respecting occupational safety and health and to regulate and discuss, on a tripartite basis, matters relating to Articles 4 and 15 of the Convention. The Committee expressed the hope that, following revision, the national legislation would 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, and that the obligation to ensure compliance with the prohibition would 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 would establish penalties to give effect to the provisions of the Convention. The Committee notes the Government’s indication that the measures of application are only laid down in national regulations, but observes that the Government has not provided copies of these regulations. The Committee also notes that, according to the Government’s report, information is not available on the revision of the legislation referred to previously. The Committee requests the Government to: (a) provide information on the national regulations to which it refers in its report and which give effect to these Articles of the Convention; (b) adopt the necessary measures, where appropriate, to give full effect to these Articles of the Convention; and (c) indicate whether a revision is being undertaken of the legislation and provide details in this respect.
Part V of the report form. Application in practice. The Committee notes the information on the inspections carried out and the difficulties relating to the availability of resources. It also notes the attached copies of inspection forms provided by the Government, which contain a section on machinery and tools, in which it is necessary to indicate whether there are appropriate guards for the moving parts. The Committee requests the Government to provide information on the types of violations reported in relation to this part of the form that was provided and to continue to provide any available information on the application of the Convention in practice. The Committee requests the Government to provide information on the sectors in which the principal problems relating to the guarding of machinery have been identified.
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.
1. The Committee notes the information contained in the Government’s report. As the report does not contain replies to its previous comments, the Committee once again draws 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 which use machinery and/or equipment without protection are penalized. It also notes 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 this 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 with its next report.
3. Part V of the report form. Application of the Convention in practice. The Committee notes the copy of the inspections carried out which was attached to the report. It notes that the report of the inspection in La Planta Industrial Siderúrgica “Aceros del Paraguay S.A. – CEPAR” bears little relation to the application of the Convention. It also notes that, according to the Government’s report, there are no precise statistical data for the period between 1 June 1999 and 31 May 2005. The Committee hopes that the Government will adopt the necessary measures to compile and communicate in its next report indications on the manner in which the Convention is applied in practice, and particularly statistical data on the number and nature of the infringements reported, the number, nature and cause of the accidents occurring, etc.
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 matters raised in its previous direct request, which read as follows:
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).
The Committee notes with regret 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 matters raised in its previous direct request, which read as follows:
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.
The Committee notes with regret 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 matters raised in its previous direct request, which read as follows:
1. Article 2, paragraphs 1 and 2, Articles 4 and 15 of the Convention. With regard to the comments it has been making for many years, the Committee draws the Government's attention to the need to prohibit expressly, by national 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. The Committee also pointed out that penalties were necessary in order to enforce the prohibition.
In its replies to the Committee's comments, the Government indicates yet again that the provisions of the Labour Code and of resolution No. 649/80 give effect to the above-mentioned provisions of the Convention but that the Committee's comments will be taken into account to ensure better application of the Convention. The Committee asks the Government to take the necessary steps 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); to establish the persons responsible for ensuring compliance with the prohibition (Article 4); and to establish the penalties to enforce the provisions of the Convention (Article 15).
2. Articles 7 and 14. The Committee notes section 391 of the Labour Code which provides for penalties for an employer who fails to comply with the provisions of the Code and the technical regulations to eliminate risks in the use of machinery. The Committee asks the Government to indicate the measures taken or envisaged to establish, in accordance with Article 14 of the Convention, the liability of the employer's agent.
3. The Committee notes that section 282 of the new Labour Code, adopted in 1993, provides that the Administrative Authority shall issue the regulations of Title V (on occupational safety, health and well-being), after consulting the most representative organizations of workers and employers. Since resolution No. 649/80 (regulating the safety of machinery), adopted under the former Code, contains provisions giving effect to certain provisions of the Convention, the Committee asks the Government to provide information on the validity of resolution No. 649/80.
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:
The Committee notes the Government's report received at the ILO on 29 March 1993.
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, which read as follows:
Article 2, paragraphs 1 and 2, and Articles 4 and 15, of the Convention. In reply to the Committee's previous comments, the Government has indicated that it will take these into consideration to ensure better application of the Convention. The Committee asks the Government to indicate in its next report the measures taken or envisaged to ensure that, among the persons responsible for ensuring the guarding of machinery, should be included those who sell, rent, transfer in any other manner or exhibit such machines, and that penal sanctions should be foreseen in case of infraction.
Article 2, paragraphs 1 and 2, and Articles 4 and 15, of the Convention. In reply to the Committee's previous comments, the Government indicates that it will take these into consideration to ensure better application of the Convention. The Committee asks the Government to indicate in its next report the measures taken or envisaged to ensure that, among the persons responsible for ensuring the guarding of machinery, should be included those who sell, rent, transfer in any other manner or exhibit such machines, and that penal sanctions should be foreseen in case of infraction.