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Guarding of Machinery Convention, 1963 (No. 119) - Central African Republic (Ratification: 1964)

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Individual Case (CAS) - Discussion: 1993, Publication: 80th ILC session (1993)

A Government representative pointed out that the legislative texts provided for the establishment of the medical labour inspection entrusted with the supervision of questions related to the guarding of machinery, hygiene and safety at work. This inspection was not, however, capable of functioning in practice, due to the lack of personnel and equipment resources. After the death of the sole medical labour inspector, its functioning was ensured by one senior health technician and one chief of the Safety and Health Service, who collaborated with the Social Security Department by providing advice and preparing the minutes of proceedings. The Government had asked the Office for assistance with a view to providing training of a general medical practitioner in the work health service, and the equipment necessary for the functioning of the health inspection. He also indicated that the Committee on Safety and Health at Work did not have the means to function.

The Workers' members recalled that this case had been examined by the Committee of Experts for a number of years, and had been discussed in this Committee in 1991. No report had been communicated for the examination by the Committee of Experts. The Government had referred to administrative difficulties, but in the discussion in 1991 the Government representative had indicated that texts had been prepared and submitted to the competent authorities for adoption. The Workers as well as the Employers had expressed their preoccupation with the long delay in settling the problem, in view of the importance of the application of the Convention for the safety and health and for the life of the workers. They insisted that the Government take the necessary measures to settle the problem, and communicate a report on the application of the Convention in due time.

The Employers' members supported the statement of the Workers' members. Referring to the previous statements of the Government, according to which the designation of the dangerous machinery or parts of machinery could be done in a decree, they considered that this designation could be done by an administrative decision and did not require the participation of a medical practitioner.

The Workers' member of the Central African Republic stated that numerous decrees had been adopted and that the list of dangerous machinery could also be adopted through a decree. In the absence of this list, he referred to the difficulties encountered by the forest workers as well as by the workers in pottery plants to prove their requests or complaints in case of accident. The Committee should insist that the Government adopt a decree and provide its text.

The Government representative stated that the Government would re-examine the question to determine at what stage of procedure the text actually was.

The Committee took due note of the oral information provided by the Government representative, and recalled that this case had been the subject of comments by the Committee of Experts for more than 15 years and had been discussed eight times by the Conference Committee between 1978 and 1993. The Committee regretted to take note with concern of this situation, as well as of the administrative and financial difficulties mentioned by the Government. The Committee also took note of the contacts established by the Government with the Office in view to provide training of a specialist in industrial medicine. The Committee once again observed that no progress had been made in the application of this Convention vital for the safety, health and life of workers. The Committee urged the Government to take without delay the necessary measures so as to implement the provisions of the Convention and thus ensure the protection of the physical integrity of workers afforded by this Convention. The Committee hoped that the Government would soon supply the report requested and that the Committee of Experts and the Committee would be able to take note of real progress in the near future.

Individual Case (CAS) - Discussion: 1991, Publication: 78th ILC session (1991)

A Government representative said that a law concerning the guarding of machinery had been established under colonisation in 1954 by the Governor-General of the territory. In 1981 a technical committee on workers' health and safety was constituted and attached to the Ministry of Labour. The problem is that the lack of human and matrial resources prevented the proper functioning of this committee. The Government requested the assistance of the ILO and received a prompt, positive response. Three years have passed sonce the creation of the Directorate of Workers' Health in Central Africa, which is headed by the only occupational health medical inspector who exists in the entire country. Meanwhile, texts have been drafted and submitted to the competent authorities for adoption. The delays are also due to intervening changes in the country's institutions. The Government is, however, hopeful that the situation will evolve very rapidly.

The Employers' members noted that this was the fifth discussion of this case within the last decade and that the Committee of Experts had been making comments on the matter for over 15 years. Legislation had been prepared at the time of a direct contacts mission in 1980; that legislation remains unenacted. The Employers' members felt that the Committee needed to express substantial concern at the extreme delay in remedying the problem; special efforts to enact appropriate legislation was needed.

The Workers' members supported the remarks of the Employers' members and emphasised that this "technical" Convention is nevertheless very important because it involves the safety, health and sometimes the very lives of workers. According to the Workers' members the Government must be asked to indicate how long it will take to adopt the measures necessary to bring the legislation into conformity with the Convention.

The Government representative said that this Government shared totally the concerns of the Committee and would do all that was possible to adopt very rapidly the texts in question.

The Committee noted the information provided by the Government representative and the will of the Government to adopt all necessary measures in order to eliminate continuing divergences between law and practice on the one hand and the provisions of the Convention on the other. It expressed the sincere hope that these legal instruments will be adopted very rapidly so that the Government would be able to report on decisive and substantial progress in the very near future.

Individual Case (CAS) - Discussion: 1989, Publication: 76th ILC session (1989)

See under Convention No 29, as follows, the written information sent by the Government:

The government has communicated the following information:

As regards previous comments made by the Committee of Experts concerning this Convention as well as Conventions Nos. 105 and 119, the Government indicates that draft texts have been elaborated so as to bring law and national practice into conformity with these Conventions. The constitutional procedure for adoption of these texts is in process and they will go before the competent authorities. Furthermore, it is advisable to refer to the previous declarations made by the delegation in response to the Committee of Experts' comments concerning the divergences between the international Conventions and the legislative provisions and national practice in the Central African Republic.

In addition, a representative of the Central African Republic recalled, concerning the application of the Convention, that a draft Decree had been drawn up during direct contacts between the Central African Republic authorities and representatives of the office in 1980. This text, along with a number of others, had been submitted for examination to the Council of Ministers but, owing to political changes in the country, the text had been taken up anew and brought up to date before being submitted to the new constitutional procedure for the adoption of texts by the competent bodies, a rather lengthy procedure. The Government undertook to indicate, in its next report, the adoption of these texts, including the one concerning guarding of machinery.

The Government's next report would also take into account the observations of the Committee of Experts on the delay in providing reports. The Government was aware of the problem this posed and it shared the Committee of Experts' observations. It would do all it could to have report sent to the ILO so that the application of Conventions and Recommendations by his country could be evaluated and so that information on national practice could be provided.

The Employers' members recalled that this Convention provided for specific measures such as the definition of dangerous parts and dangerous machinery. The problem had been the object of Committee of Experts' comments for 12 years and had been discussed perhaps five times in the present Committee. Direct contacts had taken place in 1980 and during the mission, the appropriate draft legislation had been prepared. That draft was still lying dormant nine years later. The present Committee should express its concern about this extreme delay. The Government should be called upon to make special efforts to remedy the non-conformity of the legislation with the provisions of the Convention.

The Workers' members stressed the seriousness of the difficulties which existed in this case. The draft Decree drawn up with the assistance of the Office still remained only a draft nine years later. One had to be aware that this Convention was a very important technical Convention, involving the safety of workers. The Workers' members thus hoped and asked that the Decree be finally issued and that it enter into force before the next meeting of the Committee of Experts with a copy of the text being sent for examination by that Committee.

The Government representative stated that there had indeed been a delay in adopting the draft Decree, but that steps had already been taken in practice to ensure respect for protective standards, thanks to the action of labour inspectors who were responsible for ensuring the application of standards in relation to hygiene, safety protection and workers' health. An effort was being made in practice in regard to protection, and it would be strengthened by adoption of the draft Decree.

The Workers' members took note of the Government's willingness to ensure respect for the provisions contained in the draft Decree by means of labour inspection, but they stated that as long as there was no such decree or other legislation, it was not possible to impose any penalties.

The Committee took note of the information provided by the Government representative. The Committee noted the persistence of serious divergencies between the law and practice on the one hand and the provisions of the Convention on the other hand. The Committee expressed the fervent hope that the legal provisions would be adopted in the near future, so that the Government would be able to report definite and substantive progress next year.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 62 (safety provisions, building), 119 (guarding of machinery), 120 (hygiene, commerce and offices) and 155 (OSH) together.
Legislation. Noting that, in its report, the Government indicates that the draft revised Labour Code reflects significant progress with regard to OSH, the Committee requests the Government to continue to provide: (i) information on any measures taken towards the adoption of this draft; and (ii) a copy of the new Labour Code, once it has been adopted.

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Article 11(a), (b) and (f) of the Convention. Functions to be progressively implemented. Further to its previous comment, the Committee notes the Government’s reference to section 350 of the draft revised Labour Code, which, taking account of the nature of the undertaking’s activities, sets out the obligation of the employer to evaluate OSH risks, including in the choice of manufacturing processes, work equipment and chemical preparations in the construction and renovation of workplaces or plants, and in job descriptions. The Committee notes that this draft section 350 could, if adopted, give full effect to the provisions of Article 11(a) of the Convention and partial effect to the provisions of Article 11(b). The Committee requests the Government to provide information on: (i) any measures taken to give full effect to Article 11(a) and (b) of the Convention; and (ii) any measures taken or envisaged to ensure that the functions listed in Article 11(f) of the Convention are progressively implemented.
Article 11(e). Annual publication of information. In response to the Committee’s previous comment, the Government indicates that the data gathered by the National Social Security Fund in application of section 130 of Decree No. 09.116 on the procedure for the application of Act No. 06.035 of 28 December 2006, issuing the Social Security Code, are used in the annual publication of statistics on occupational accidents and diseases. The Committee also notes the information provided in the Government’s report on the number of occupational accidents and diseases, and of commuting accidents, for 2020 and 2021 recorded by the National Fund. The Committee requests the Government to indicate the manner in which this information is published in accordance with Article 11(e).
Article 12. Certain obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use.Noting the absence of any new information on this point, the Committee once again requests the Government to provide information on themeasures taken or envisaged to give effect to Article 12 of the Convention in relation to the obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use.
Article 14. Inclusion of questions of OSH in education and training programmes. Further to its previous comments, the Committee notes the Government’s information that national labour legislation provides for measures aimed at promoting education and training programmes for enterprise managers and OSH committee members at two levels: (i) technical capacity-building sessions led by labour inspectors and medical labour inspectors; and (ii) sessions organized by the Central African Agency for Employment and Vocational Training (ACFPE). The Committee requests the Government to specify the provisions of national legislation that apply in this regard.
Article 15. Necessary coordination between various authorities and bodies. In response to the Committee’s previous comment, the Government indicates that the Ministry of Labour, Employment, Vocational Training and Social Protection has established a coordination system with the social partners and other stakeholders involved in all reforms concerning the development and adoption of national policies on social protection and other specific issues, such as OSH, in a social dialogue setting. The Committee requests the Government to provide further information on the organization and functioning of this coordination system, specifying the parties involved, the activities carried out and the results achieved.
Article 16(3). Adequate protective clothing and equipment. Further to its previous comment, the Committee notes the Government’s reference to section 127 of the Labour Code, which sets forth that the employer must provide workers with the equipment and tools necessary for the proper performance of their tasks. The Government also indicates that the draft revised Labour Code envisages strengthening the OSH system, as section 348(5) of this draft sets forth the obligation of the employer to provide workers with personal and collective protective equipment and section 349(8) sets forth the obligation of the employer to prioritize collective protection measures over personal protection measures. The Committee requests the Government to continue to provide information on the measures taken or envisaged to ensure that the draft revised Labour Code is adopted and gives full effect to Article 16 of the Convention.

B. Protection against specific risks

White Lead (Painting) Convention, 1921 (No. 13)

Article 7 of the Convention. Statistics with regard to lead poisoning among working painters. In response to the Committee’s previous comment, the Government indicates that in 2021 the National Social Security Fund recorded two cases of lead poisoning among working painters, while none were recorded in 2020. The Committee requests the Government to continue to provide information on the application of the Convention in practice.

Guarding of Machinery Convention, 1963 (No. 119)

Article 10(1) of the Convention. Obligation of the employer to provide workers with information. In response to the Committee’s previous comment, the Government indicates that section 348 of the draft revised Labour Code sets forth the obligation of the employer to take the necessary measures to ensure the safety and protect the health of the workers, including through information, training and preventive actions regarding occupational risks, as well as to provide protective equipment. The Government adds that section 353 of this draft also provides that the employer’s instructions must specify, particularly when warranted by the type of risk, the conditions of use of work equipment and protection means. The Committee requests the Government to provide specific information on any measures taken or envisaged to ensure that the employer brings applicable national laws to the notice of workers and instructs them, as and where appropriate, regarding the dangers arising and the precautions to be observed in the use of machinery.

C. Protection in specific branches of activity

Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018) confirmed the classification of Convention No. 62 as an outdated instrument and has placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to undertake follow-up action to actively encourage the ratification of the up-to-date OSH instruments, particularly the Safety and Health in Construction Convention, 1988 (No. 167), and to offer targeted technical assistance to those countries requiring most support. The Committee notes that, in response to its previous comment, in which it encouraged the Government to consider ratifying the most up-to-date OSH instruments, the Government indicates that it made a request to the Office for technical assistance in 2022, which it reiterated in 2023. The Committee notes this request and hopes that technical assistance will be provided in the near future. In addition, the Committee requests the Government to continue to provide information on any measures taken or envisaged with a view to ratifying the most up-to-date OSH instruments, including Convention No. 167.
Article 3(a) of the Convention. Obligation of the employer to provide workers with information. In the absence of new information on this point, the Committee once again refers the Government to its comments above on the application of Article 10(1) of Convention No. 119.
Article 6. Statistics on accidents.In the absence of new information on this point, the Committee once again requests the Government to provide information on statistics concerning occupational accidents in the construction industry.
Article 7(1), (2), (5), (6), (7) and (8). Scaffolds. In the absence of new information on this point, the Committee once again requests the Government to provide information on any measures taken or envisaged to give effect to Article 7(1), (2), (5), (6), (7) and (8) of the Convention.
Article 16. Personal safety equipment. The Committee notes the information provided by the Government in response to its above comment on Article 16(3) of Convention No. 155.
Article 17. Risk of drowning.In the absence of new information on this point, the Committee once again requests the Government to provide information on any measures taken or envisaged to ensure that all necessary equipment is provided and kept ready for use and that all necessary steps are taken for the prompt rescue of any person in danger when work is carried on in proximity to any place where there is a risk of drowning.

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 17 of the Convention. Personal protective equipment. The Committee notes the information provided by the Government in response to its above comment on Article 16(3) of Convention No. 155.
Article 18. Noise and vibrations.In the absence of new information on this point, the Committee once again requests the Government to provide information on any measures taken or envisaged to reduce as far as possible noise and vibrations likely to have harmful effects on workers in commercial workplaces and offices.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 62 (safety provisions, building), 119 (guarding of machinery), 120 (hygiene, commerce and offices) and 155 (OSH) together.
The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, confirmed the classification of Convention No. 62 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to undertake follow-up action, including the promotion of tripartite action, with member States currently bound by Convention No. 62 to actively encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Construction Convention, 1988 (No. 167), and to offer targeted technical assistance to those countries requiring the most support. The Committee therefore encourages the Government to follow-up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying the most up-to-date instruments in this subject area. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.
With regard to an appropriate and sufficient inspection system and adequate penalties for violations of laws and regulations, taking into account that the Central African Republic has ratified the Labour Inspection Convention, 1947 (No. 81), the Committee refers to its detailed comments on the application of this Convention, specifically with respect to Article 3(2) (additional duties of labour inspectors); Article 5(a) (effective cooperation); Article 6 (status and conditions of service); Article 7 (training); Article 9 (collaboration with technical experts and specialists); Articles 11 and 16 (material means and frequency of visits); Articles 13 and 17 (injunction powers, legal proceedings and warnings); Article 19 (inspection reports submitted to the central authority); and Articles 20 and 21 (annual labour inspection reports).
A. General provisions
Occupational Safety and Health Convention, 1981 (No. 155)
The Committee notes the information provided by the Government in response to its previous comments on Article 11(c) (notification of occupational accidents and diseases) and (d) (the holding of inquiries in cases of occupational accidents and occupational diseases).
Article 11(a), (b) and (f) of the Convention.Functions to be progressively carried out. Further to its previous comments, the Committee notes the Government’s reiteration that the Minister responsible for labour is the competent authority for ensuring the functions listed in Article 11 of the Convention. The Committee recalls that this provision amplifies the spheres of action of the national policy by focusing specifically on the elements most likely to be a source of occupational hazards and risks for the safety and health of workers, and which need to be regulated (see Promoting a safe and healthy working environment, General Survey, 2009, paragraph 126). The Committee requests the Government to provide additional information on the measures taken or envisaged to ensure that the functions listed in Article 11(a), (b) and (f) of the Convention are progressively carried out.
Article 11(e).Annual publication of information. The Committee notes that, under section 130 of Decree No. 09.116 establishing the implementing regulations of Act No. 06.035 of 28 December 2006 issuing the Social Security Code, the National Social Security Fund shall collect from undertakings any data that enable statistics on occupational accidents and occupational diseases to be established, taking into account their causes and circumstances, their frequency, the extent of the resulting incapacities and the costs of recovery and treatment. Nevertheless, further to its previous comments, the Committee notes that the Government does not provide information on the measures taken to implement this provision. The Committee requests the Government to provide information on the measures taken or envisaged to guarantee the publication, annually, of information on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work, in accordance with Article 11(e) of the Convention.
Article 12. Certain obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Further to its previous comments, the Committee notes the Government’s indication that the provisions of General Order No. 3758 of 25 November 1954 establishing health and safety measures applicable to agricultural, forestry, industrial and commercial undertakings, and to administrative establishments in French Equatorial Africa, give effect to this Article of the Convention. The Committee notes that section 37 of the General Order prohibits the sale or lease of devices, machinery or parts of dangerous machinery, and that section 35(2) establishes a special procedure for the importation of protective devices approved in a foreign country. The Committee nevertheless notes that the General Order does not contain provisions on the obligation of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to Article 12 of the Convention in relation to the obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use.
Article 14. Inclusion of questions of OSH in education and training. Further to its previous comments, the Committee notes that the Government reiterates in its report that the measures provided for by this Article come within the remit of the Directorate of Occupational Medicine, in accordance with the provisions of Decree No. 05.006 of 12 January 2005 on the organization and operation of the Ministry of the Public Service, Labour, Social Security and the Vocational Integration of Young Persons. However, the Government does not provide information on the initiatives taken to promote, in a manner appropriate to national conditions and practice, the inclusion of questions relating to OSH at all levels of education and training, including in higher technical, medical and vocational education, in a manner that responds to the training needs of all workers. The Committee requests the Government to provide information on the measures taken or envisaged to promote the inclusion of questions of OSH and the working environment at all levels of education and training, in accordance with Article 14 of the Convention.
Article 15. Necessary coordination between various authorities and bodies. Further to its previous comments, the Committee notes that the Government reiterates in its report that the measures provided for by this Article come within the remit of the Directorate of Occupational Medicine, in accordance with the provisions of the Decree No. 05.006 of 12 January 2005. However, the Government does not provide information on the measures taken to ensure the necessary coordination between the various authorities and bodies called upon to give effect to this Convention, such as the National Social Security Fund and the labour inspectorate. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the application of Article 15 of the Convention.
Article 16(3). Adequate protective clothing and equipment. The Committee notes that section 14 of General Order No. 3758 establishes specific protective measures for persons working in shafts, chimney flues, sewers, cesspools, tanks or any appliances that might contain noxious gases. The Committee nevertheless notes that this section refers to specific conditions of work and does not establish the general obligation of employers to provide workers with adequate protective clothing and protective equipment for other work situations in which they are needed. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the application of section 16(3) of the Convention in work situations other than those listed in section 14 of Order No. 3758.
B. Protection against specific risks
White Lead (Painting) Convention, 1921 (No. 13)
Article 7 of the Convention.Statistics with regard to lead poisoning among working painters. Further to its previous comments, the Committee notes that section 9 of Order No. 718/IGT of 1957 regulating the use of white lead in situations where its use is still authorized provides that the territorial labour inspector and the chief of the public health service are responsible for the collection and compilation of statistics relating to lead poisoning among working painters, including morbidity and mortality from lead poisoning. The Committee nevertheless notes the Government’s longstanding indication that no statistics are available on morbidity and mortality from lead poisoning among working painters. The Committee requests the Government to take the necessary measures to compile and provide the statistics in question, in accordance with Article 7 of the Convention.
Guarding of Machinery Convention, 1963 (No. 119)
Article 10(1) of the Convention. Obligation of the employer to provide workers with information. Further to its previous comments, the Committee notes that section 127 of the Labour Code of 2009 establishes the obligation of the employer to take the necessary measures to ensure OSH conditions. Moreover, section 129 provides: (a) forthe establishment of internal regulations on the rules regarding the technical organization of the work and OSH by the head of the undertaking; and (b) that the modalities for the communication, deposit and posting of the internal regulations, as well as the number of workers in an undertaking above which the existence of such internal regulations is mandatory, shall be established in a decree by the Council of Ministers, in consultation with the Standing National Labour Council. However, the Government does not provide information on the adoption of such a decree. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the employer takes measures to bring national laws or regulations relating to the guarding of machinery to the notice of workers and inform them, in the appropriate manner, regarding the dangers arising and the precautions to be observed in the use of machine, in accordance with Article 10(1) of the Convention.
C. Protection in specific branches of activity
Safety Provisions (Building) Convention, 1937 (No. 62)
The Committee notes the information provided by the Government in reply to its previous comments on Articles 1 (laws or regulations), 2 (scope of application), 3(b) and (c) (persons responsible and penalties), 7(3) and (4) (materials and construction of scaffolds), 9 (fall of persons or material), 10 (means of access, ladders, lighting, electrical equipment and materials on the site), 11–15 (hoisting machines and tackle) and 18 (first-aid treatment) of the Convention.
Article 3(a) of the Convention. Obligation of the employer to provide workers with information. The Committee refers to its comments above on the application of Article 10(1) ofConvention No. 119.
Article 6. Statistics on accidents. In its previous comments, the Committee asked the Government to communicate the latest statistical information relating to the number and classification of accidents occurring to persons occupied on work done on sites in connection with the construction, repair, alteration, maintenance and demolition of all types of buildings. In the absence of new information on this subject, the Committee once again requests the Government to provide information on the statistics on accidents, in accordance with Article 6 of the Convention.
Article 7(1), (2), (5), (6), (7) and (8). Scaffolds. The Committee notes that General Order No. 3758 does not give effect to Article 7(1), (2), (5), (6), (7) and (8) of the Convention. The Committee once again requests the Government to provide information on the measures taken or envisaged to ensure that effect is given to Article 7(1), (2), (5), (6), (7) and (8) of the Convention.
Article 16. Personal safety equipment. The Committee refers to its comments above on the application of Article 16(3) of Convention No. 155.
Article 17. Risk of drowning. The Committee notes that General Order No. 3758 does not contain provisions to prevent the risk of drowning when work is carried on in proximity to any place where there is such a risk. The Committee once again requests the Government to provide information on the measures taken or envisaged to ensure that all necessary equipment is provided and kept ready for use and that all necessary steps are taken for the prompt rescue of any person in danger when work is carried on in proximity to any place where there is a risk of drowning, in accordance with Article 17 of the Convention.
Hygiene (Commerce and Offices) Convention, 1964 (No. 120)
The Committee notes the information provided by the Government in reply to its previous comments on Articles 5 (laws or regulations), 10 (temperature in work premises), 16 (underground or windowless premises) and 19 (dispensary and first-aid post) of the Convention.
Article 17 of the Convention. Personal protective equipment. The Committee refers to its comments above on the application of Article 16(3) of Convention No. 155.
Article 18. Noise and vibrations. Further to its previous comments, the Committee notes that General Order No. 3758 to which the Government refers does not contain provisions on the reduction of noise and vibrations likely to have harmful effects on workers. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that noise and vibrations likely to have harmful effects on workers in trading establishments and office work are reduced as far as possible, in accordance with Article 18 of the Convention.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 62 (safety provisions, building), 119 (guarding of machinery), 120 (hygiene, commerce and offices) and 155 (OSH) together.
The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, confirmed the classification of Convention No. 62 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to undertake follow-up action, including the promotion of tripartite action, with member States currently bound by Convention No. 62 to actively encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Construction Convention, 1988 (No. 167), and to offer targeted technical assistance to those countries requiring the most support. The Committee therefore encourages the Government to follow-up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying the most up-to-date instruments in this subject area. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.
With regard to an appropriate and sufficient inspection system and adequate penalties for violations of laws and regulations, taking into account that the Central African Republic has ratified the Labour Inspection Convention, 1947 (No. 81), the Committee refers to its detailed comments on the application of this Convention, specifically with respect to Article 3(2) (additional duties of labour inspectors); Article 5(a) (effective cooperation); Article 6 (status and conditions of service); Article 7 (training); Article 9 (collaboration with technical experts and specialists); Articles 11 and 16 (material means and frequency of visits); Articles 13 and 17 (injunction powers, legal proceedings and warnings); Article 19 (inspection reports submitted to the central authority); and Articles 20 and 21 (annual labour inspection reports).

Occupational Safety and Health Convention, 1981 (No. 155)

The Committee notes the information provided by the Government in response to its previous comments on Article 11(c) (notification of occupational accidents and diseases) and (d) (the holding of inquiries in cases of occupational accidents and occupational diseases).
Article 11(a), (b) and (f) of the Convention. Functions to be progressively carried out. Further to its previous comments, the Committee notes the Government’s reiteration that the Minister responsible for labour is the competent authority for ensuring the functions listed in Article 11 of the Convention. The Committee recalls that this provision amplifies the spheres of action of the national policy by focusing specifically on the elements most likely to be a source of occupational hazards and risks for the safety and health of workers, and which need to be regulated (see Promoting a safe and healthy working environment, General Survey, 2009, paragraph 126). The Committee requests the Government to provide additional information on the measures taken or envisaged to ensure that the functions listed in Article 11(a), (b) and (f) of the Convention are progressively carried out.
Article 11(e). Annual publication of information. The Committee notes that, under section 130 of Decree No. 09.116 establishing the implementing regulations of Act No. 06.035 of 28 December 2006 issuing the Social Security Code, the National Social Security Fund shall collect from undertakings any data that enable statistics on occupational accidents and occupational diseases to be established, taking into account their causes and circumstances, their frequency, the extent of the resulting incapacities and the costs of recovery and treatment. Nevertheless, further to its previous comments, the Committee notes that the Government does not provide information on the measures taken to implement this provision. The Committee requests the Government to provide information on the measures taken or envisaged to guarantee the publication, annually, of information on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work, in accordance with Article 11(e) of the Convention.
Article 12. Certain obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Further to its previous comments, the Committee notes the Government’s indication that the provisions of General Order No. 3758 of 25 November 1954 establishing health and safety measures applicable to agricultural, forestry, industrial and commercial undertakings, and to administrative establishments in French Equatorial Africa, give effect to this Article of the Convention. The Committee notes that section 37 of the General Order prohibits the sale or lease of devices, machinery or parts of dangerous machinery, and that section 35(2) establishes a special procedure for the importation of protective devices approved in a foreign country. The Committee nevertheless notes that the General Order does not contain provisions on the obligation of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to Article 12 of the Convention in relation to the obligations of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use.
Article 14. Inclusion of questions of OSH in education and training. Further to its previous comments, the Committee notes that the Government reiterates in its report that the measures provided for by this Article come within the remit of the Directorate of Occupational Medicine, in accordance with the provisions of Decree No. 05.006 of 12 January 2005 on the organization and operation of the Ministry of the Public Service, Labour, Social Security and the Vocational Integration of Young Persons. However, the Government does not provide information on the initiatives taken to promote, in a manner appropriate to national conditions and practice, the inclusion of questions relating to OSH at all levels of education and training, including in higher technical, medical and vocational education, in a manner that responds to the training needs of all workers. The Committee requests the Government to provide information on the measures taken or envisaged to promote the inclusion of questions of OSH and the working environment at all levels of education and training, in accordance with Article 14 of the Convention.
Article 15. Necessary coordination between various authorities and bodies. Further to its previous comments, the Committee notes that the Government reiterates in its report that the measures provided for by this Article come within the remit of the Directorate of Occupational Medicine, in accordance with the provisions of the Decree No. 05.006 of 12 January 2005. However, the Government does not provide information on the measures taken to ensure the necessary coordination between the various authorities and bodies called upon to give effect to this Convention, such as the National Social Security Fund and the labour inspectorate. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the application of Article 15 of the Convention.
Article 16(3). Adequate protective clothing and equipment. The Committee notes that section 14 of General Order No. 3758 establishes specific protective measures for persons working in shafts, chimney flues, sewers, cesspools, tanks or any appliances that might contain noxious gases. The Committee nevertheless notes that this section refers to specific conditions of work and does not establish the general obligation of employers to provide workers with adequate protective clothing and protective equipment for other work situations in which they are needed. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the application of section 16(3) of the Convention in work situations other than those listed in section 14 of Order No. 3758.

White Lead (Painting) Convention, 1921 (No. 13)

Article 7 of the Convention. Statistics with regard to lead poisoning among working painters. Further to its previous comments, the Committee notes that section 9 of Order No. 718/IGT of 1957 regulating the use of white lead in situations where its use is still authorized provides that the territorial labour inspector and the chief of the public health service are responsible for the collection and compilation of statistics relating to lead poisoning among working painters, including morbidity and mortality from lead poisoning. The Committee nevertheless notes the Government’s longstanding indication that no statistics are available on morbidity and mortality from lead poisoning among working painters. The Committee requests the Government to take the necessary measures to compile and provide the statistics in question, in accordance with Article 7 of the Convention.

Guarding of Machinery Convention, 1963 (No. 119)

Article 10(1) of the Convention. Obligation of the employer to provide workers with information. Further to its previous comments, the Committee notes that section 127 of the Labour Code of 2009 establishes the obligation of the employer to take the necessary measures to ensure OSH conditions. Moreover, section 129 provides: (a) for the establishment of internal regulations on the rules regarding the technical organization of the work and OSH by the head of the undertaking; and (b) that the modalities for the communication, deposit and posting of the internal regulations, as well as the number of workers in an undertaking above which the existence of such internal regulations is mandatory, shall be established in a decree by the Council of Ministers, in consultation with the Standing National Labour Council. However, the Government does not provide information on the adoption of such a decree. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the employer takes measures to bring national laws or regulations relating to the guarding of machinery to the notice of workers and inform them, in the appropriate manner, regarding the dangers arising and the precautions to be observed in the use of machine, in accordance with Article 10(1) of the Convention.

Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee notes the information provided by the Government in reply to its previous comments on Articles 1 (laws or regulations), 2 (scope of application), 3(b) and (c) (persons responsible and penalties), 7(3) and (4) (materials and construction of scaffolds), 9 (fall of persons or material), 10 (means of access, ladders, lighting, electrical equipment and materials on the site), 11–15 (hoisting machines and tackle) and 18 (first-aid treatment) of the Convention.
Article 3(a) of the Convention. Obligation of the employer to provide workers with information. The Committee refers to its comments above on the application of Article 10(1) of Convention No. 119.
Article 6. Statistics on accidents. In its previous comments, the Committee asked the Government to communicate the latest statistical information relating to the number and classification of accidents occurring to persons occupied on work done on sites in connection with the construction, repair, alteration, maintenance and demolition of all types of buildings. In the absence of new information on this subject, the Committee once again requests the Government to provide information on the statistics on accidents, in accordance with Article 6 of the Convention.
Article 7(1), (2), (5), (6), (7) and (8). Scaffolds. The Committee notes that General Order No. 3758 does not give effect to Article 7(1), (2), (5), (6), (7) and (8) of the Convention. The Committee once again requests the Government to provide information on the measures taken or envisaged to ensure that effect is given to Article 7(1), (2), (5), (6), (7) and (8) of the Convention.
Article 16. Personal safety equipment. The Committee refers to its comments above on the application of Article 16(3) of Convention No. 155.
Article 17. Risk of drowning. The Committee notes that General Order No. 3758 does not contain provisions to prevent the risk of drowning when work is carried on in proximity to any place where there is such a risk. The Committee once again requests the Government to provide information on the measures taken or envisaged to ensure that all necessary equipment is provided and kept ready for use and that all necessary steps are taken for the prompt rescue of any person in danger when work is carried on in proximity to any place where there is a risk of drowning, in accordance with Article 17 of the Convention.

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

The Committee notes the information provided by the Government in reply to its previous comments on Articles 5 (laws or regulations), 10 (temperature in work premises), 16 (underground or windowless premises) and 19 (dispensary and first-aid post) of the Convention.
Article 17 of the Convention. Personal protective equipment. The Committee refers to its comments above on the application of Article 16(3) of Convention No. 155.
Article 18. Noise and vibrations. Further to its previous comments, the Committee notes that General Order No. 3758 to which the Government refers does not contain provisions on the reduction of noise and vibrations likely to have harmful effects on workers. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that noise and vibrations likely to have harmful effects on workers in trading establishments and office work are reduced as far as possible, in accordance with Article 18 of the Convention.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
The Committee notes that it has been making comments for numerous years on the application of Articles 2(3) and (4), 10(1) and 11 of the Convention and that the announced revision of General Order No. 3758 of 25 November 1954 with a view to ensuring compliance with the provisions of the Convention has still not been adopted. The Committee reiterates that the International Labour Office is disposed to assist the Government in the preparation of the relevant texts. With reference to its comments in relation to the application of the Government of the Occupational Safety and Health Convention, 1981 (No. 155), this year, the Committee urges the Government to make every effort to take the necessary action in the near future.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with concern that the Government’s report contains no new information regarding the comments that the Committee has been making for numerous years on the application of Articles 2(3) and (4), 10(1) and 11 of the Convention and that the announced revision of General Order No. 3758 of 25 November 1954 with a view to ensuring compliance with the provisions of the Convention has still not been adopted. The Committee reiterates that the International Labour Office is disposed to assist the Government in the preparation of the relevant texts. With reference to its comments in relation to the application of the Government of the Occupational Safety and Health Convention, 1981 (No. 155), this year, the Committee urges the Government to make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Further to the comments which it has made for many years on the application of Article 2(3) and (4) of the Convention, the Committee notes that the implementing regulations provided for in section 37(3) of General Order No. 3758 of 25 November 1954, with a view to designating machinery or dangerous parts thereof, have still not been adopted. The Committee again notes the Government’s statement that the Bill is being prepared by the competent authorities.

The Committee hopes that the future implementing regulations will also give effect to Article 10(1) of the Convention establishing the obligation of an employer to take steps to bring national laws or regulations relating to the guarding of machinery and to the dangers arising and the precautions to be observed in the use of the machinery to the notice of workers, as well as to Article 11 which provides that workers shall not use machinery without the guards provided being in position, nor make such guards inoperative, while guaranteeing that, irrespective of the circumstances, workers shall not be required to use machinery when the guards provided are not in position or when they are inoperative.

The Committee recalls that, should it consider it to be appropriate, the Government may seek the assistance of the International Labour Office in the preparation of this text.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes that the Government’s report contains no reply to its previous comments. It must therefore repeat its previous observation, which read as follows:

Further to the comments which it has made for many years on the application of Article 2, paragraphs 3 and 4, of the Convention, the Committee notes that the implementing regulations provided for in section 37(3) of General Order No. 3758 of 25 November 1954, with a view to designating machinery or dangerous parts thereof, have still not been adopted. The Committee again notes the Government’s statement that the Bill is being prepared by the competent authorities.

The Committee hopes that the future implementing regulations will also give effect to Article 10, paragraph 1, of the Convention establishing the obligation of an employer to take steps to bring national laws or regulations relating to the guarding of machinery and to the dangers arising and the precautions to be observed in the use of the machinery to the notice of workers, as well as to Article 11 which provides that workers shall not use machinery without the guards provided being in position, nor make such guards inoperative, while guaranteeing that, irrespective of the circumstances, workers shall not be required to use machinery when the guards provided are not in position or when they are inoperative.

The Committee recalls that, should it consider it to be appropriate, the Government may seek the assistance of the International Labour Office in the preparation of this text.

2. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report contains no reply to its previous comments. It must therefore repeat its previous observation which read as follows:

Further to the comments which it has made for many years on the application of Article 2, paragraphs 3 and 4, of the Convention, the Committee notes that the implementing regulations provided for in section 37(3) of General Order No. 3758 of 25 November 1954 with a view to designating machinery or dangerous parts thereof have still not been adopted. The Committee again notes the Government’s statement that the Bill is being prepared by the competent authorities.

The Committee hopes that the future implementing regulations will also give effect to Article 10, paragraph 1, of the Convention establishing the obligation of an employer to take steps to bring national laws or regulations relating to the guarding of machinery and to the dangers arising and the precautions to be observed in the use of the machinery to the notice of workers, as well as to its Article 11 which provides that workers shall not use machinery without the guards provided being in position, nor make such guards inoperative, while guaranteeing that, irrespective of the circumstances, workers shall not be required to use machinery when the guards provided are not in position or when they are inoperative.

The Committee recalls that, should it consider it to be appropriate, the Government may seek the assistance of the International Labour Office in the preparation of this text.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s latest report has contained no reply to its previous comments. It must therefore repeat its previous observation which read as follows:

Further to the comments which it has made for many years on the application of Article 2, paragraphs 3 and 4, of the Convention, the Committee notes that the implementing regulations provided for in section 37(3) of General Order No. 3758 of 25 November 1954 with a view to designating machinery or dangerous parts thereof have still not been adopted. The Committee again notes the Government’s statement that the Bill is being prepared by the competent authorities.

The Committee hopes that the future implementing regulations will also give effect to Article 10, paragraph 1, of the Convention establishing the obligation of an employer to take steps to bring national laws or regulations relating to the guarding of machinery and to the dangers arising and the precautions to be observed in the use of the machinery to the notice of workers, as well as to its Article 11 which provides that workers shall not use machinery without the guards provided being in position, nor make such guards inoperative, while guaranteeing that, irrespective of the circumstances, workers shall not be required to use machinery when the guards provided are not in position or when they are inoperative.

The Committee recalls that, should it consider it to be appropriate, the Government may seek the assistance of the International Labour Office in the preparation of this text.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

Further to the comments which it has made for many years on the application of Article 2, paragraphs 3 and 4, of the Convention, the Committee notes that the implementing regulations provided for in section 37(3) of General Order No. 3758 of 25 November 1954 with a view to designating machinery or dangerous parts thereof have still not been adopted. The Committee again notes the Government’s statement that the Bill is being prepared by the competent authorities.

The Committee hopes that the future implementing regulations will also give effect to Article 10, paragraph 1, of the Convention establishing the obligation of an employer to take steps to bring national laws or regulations relating to the guarding of machinery and to the dangers arising and the precautions to be observed in the use of the machinery to the notice of workers, as well as to its Article 11 which provides that workers shall not use machinery without the guards provided being in position, nor make such guards inoperative, while guaranteeing that, irrespective of the circumstances, workers shall not be required to use machinery when the guards provided are not in position or when they are inoperative.

The Committee recalls that, should it consider it to be appropriate, the Government may seek the assistance of the International Labour Office in the preparation of this text.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

Further to the comments which it has made for many years on the application of Article 2, paragraphs 3 and 4, of the Convention, the Committee notes that the implementing regulations provided for in section 37(3) of General Order No. 3758 of 25 November 1954 with a view to designating machinery or dangerous parts thereof have still not been adopted. The Committee again notes the Government's statement that the Bill is being prepared by the competent authorities.

The Committee hopes that the future implementing regulations will also give effect to Article 10, paragraph 1, of the Convention establishing the obligation of an employer to take steps to bring national laws or regulations relating to the guarding of machinery and to the dangers arising and the precautions to be observed in the use of the machinery to the notice of workers, as well as to its Article 11 which provides that workers shall not use machinery without the guards provided being in position, nor make such guards inoperative, while guaranteeing that, irrespective of the circumstances, workers shall not be required to use machinery when the guards provided are not in position or when they are inoperative.

The Committee recalls that, should it consider it to be appropriate, the Government may seek the assistance of the International Labour Office in the preparation of this text.

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

Article 2, paragraphs 3 and 4, of the Convention. In the comments that it has been making for more than 15 years, the Committee has referred to section 37(3) of General Order No. 3758, which provides that dangerous machines or parts of machines of which the sale, exhibition or hire is prohibited under section 37(1) shall be specified by Order.

The Committee noted that, according to the Government's last report, the draft Decree provided for under section 37 above was before the competent authorities and had not yet been adopted. The Government repeats this information. It also indicated that the above draft text would give effect to Articles 10, paragraph 1, and 11 of the Convention, concerning the measures that must be taken by the employer to bring national laws or regulations relating to the guarding of machinery to the notice of workers and to instruct them regarding the dangers arising from their use. Article 11 provides that no workers shall use any machinery without the guards provided being in position nor make inoperative these guards, while guaranteeing that, irrespective of the circumstances, no worker shall be required to use any machinery without the guards provided being in position or if they have been made inoperative.

The Government states in its latest report that the legislative procedure for the adoption of the texts envisaged to give effect to the above provisions of the Convention has not been completed due to the blockage in the political institutions before the change which occurred in 1993, and that measures have been taken by the authorities to speed up the adoption of the texts in question.

The Committee once again hopes that the text in question will be adopted in the very near future and requests the Government to supply a copy of it with its next report.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 2, paragraphs 3 and 4, of the Convention. In the comments that it has been making for over 15 years, the Committee referred to section 37(3) of General Order No. 3758 which provides that dangerous machines or parts of machines of which the sale, exhibition or hire is prohibited under section 37(1) shall be specified by Order. The Committee noted, according to the information supplied by the Government, that the draft Decree provided for under section 37 above was before the competent authorities and had not yet been adopted. The Government also stated that the above draft text would also give effect to Articles 10, paragraph 1, and 11 of the Convention, concerning the measures that must be taken by the employer to bring national laws or regulations relating to the guarding of machinery to the notice of workers and to instruct them regarding the dangers arising from their use. Article 11 provides that no workers shall use any machinery without the guards provided being in position nor make inoperative these guards, while guaranteeing that, irrespective of the circumstances, no worker shall be required to use any machinery without the guards provided being in position or if they have been made inoperative.

The Committee notes the declaration of the governmental representative to the Conference Committee in 1993 according to which the basic texts have established an occupational medicine inspectorate responsible for supervision of problems relating to the protection of machinery and to occupational safety and health. Nevertheless, this inspectorate, according to that which was indicated by the governmental representative, is not in a position to function in practice because of a lack of resources in qualified personnel and in equipment. The Government asked the ILO for assistance to train a general physician in occupational medicine and to receive appropriate equipment in order to permit the medical inspectorate to function.

The Committee notes that both the employers' members and the workers' members at the Conference Committee considered that the list of machinery or parts of dangerous machinery should be established by the administration and did not need the intervention of a physician.

The Committee once again expresses the hope that the text in question will be adopted in the very near future and requests the Government to furnish a copy of it with its next report.

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

Article 2, paragraphs 3 and 4, of the Convention. In the comments that it has been making for over 15 years, the Committee referred to section 37(3) of General Order No. 3758 which provides that dangerous machines or parts of machines of which the sale, exhibition or hire is prohibited under section 37(1) shall be specified by Order.

The Committee noted, according to the information supplied by the Government, that the draft Decree provided for under section 37 above was before the competent authorities and had not yet been adopted. The Government also stated that the above draft text would also give effect to Articles 10, paragraph 1, and 11 of the Convention, concerning the measures that must be taken by the employer to bring national laws or regulations relating to the guarding of machinery to the notice of workers and to instruct them regarding the dangers arising from their use. Article 11 provides that no workers shall use any machinery without the guards provided being in position nor make inoperative these guards, while guaranteeing that, irrespective of the circumstances, no worker shall be required to use any machinery without the guards provided being in position or if they have been made inoperative.

The Committee notes the statement by the Government representative to the Conference Committee in 1991 to the effect that only three years have passed since the establishment (with the assistance of the ILO) of the Directorate of Workers' Health in Central Africa, which is headed by the only occupational health medical inspector in the country, but that nevertheless texts had been drafted, updated and submitted to the competent authorities for adoption.

The Committee notes the concern expressed by the Workers' and Employers' members of the Conference Committee concerning the "extreme delay in remedying the problem" and the importance of the application of this Convention "because it involves the safety, health and sometimes the very lives of workers".

The Committee notes that the Government's report has not been received. It requests the Government to take the necessary measures to give effect to the Convention on the points which have been raised and to supply information on any progress achieved in this respect.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information supplied by the Government in its report and the discussions held in the Conference Committee in 1989.

Article 2, paragraphs 3 and 4, of the Convention. In its previous comments, the Committee referred to section 37(3) of General Order No. 3758 which provides that dangerous machines or parts of machines of which the sale, exhibition or hire is prohibited under section 37(1) shall be specified by order.

The Committee notes that, according to the Government's report, the draft decree provided for under section 37 above is still before the competent authorities and has not yet been adopted. In its report, the Government states that this draft text is also to give effect to Articles 10, paragraph 1, and 11 of the Convention, concerning the measures that must be taken by the employer to bring national laws or regulations relating to the guarding of machinery to the notice of workers and to instruct them regarding the dangers arising from their use. Article 11 provides that no worker shall use any machinery without the guards provided being in position nor make inoperative these guards, while guaranteeing that, irrespective of the circumstances, no worker shall be required to use any machinery without the guards provided being in position or if they have been made inoperative.

The Committee notes the Government's statement that it is endeavouring to accelerate the adoption of the decree and once again hopes that this text will be adopted in the very near future.

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