National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Repetition In 2010, the Committee noted once again that the Government had not provided the information requested and once again invited it to provide detailed information in reply to its direct request of 2006. The Committee notes that the Government’s report indicates that the content of the direct request has been sent to the respective bodies, but that the detailed information requested has not been provided. The 2006 direct request read as follows: Article 2(3) and (4) and Article 4 of the Convention. Dangerous parts of machinery requiring guards and the persons responsible. The Committee notes the study done by the Coordinator of the Occupational Safety and Health Unit, which in turn refers to the provisions of the Occupational Safety and Health Regulations, adopted by Decree No. 2393 of 13 November 1986. In its comments in 1995, the Committee noted that this text establishes liability and certain sanctions for failure to apply the prescriptions set forth in its provisions, but does not specify the persons on whom the obligation to ensure compliance with the provisions of Article 2 of the Convention shall rest. The Committee once again recalls that, in accordance with the provisions of the Convention, measures have to be taken to ensure that the categories of persons referred to in Article 4, namely vendors, persons letting out on hire or transferring machinery in any other manner and exhibitors and, where appropriate, their respective agents, and the manufacturer when she or he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it, are explicitly covered by the provisions of the national legislation establishing the obligation to prohibit by national laws or regulations or to prevent by other equally effective measures, the sale and hire of machinery of which the dangerous parts, specified in paragraphs 3 and 4 of Article 2, are without appropriate guards. The Committee urges the Government to take the necessary measures in the near future to bring the national legislation into conformity with the above provisions of the Convention and requests it to provide information on the progress achieved in this respect.The Committee once again invites the Government to consider the possibility of requesting ILO technical assistance for the drafting of reports and on certain questions raised in relation to the occupational safety and health Conventions, and to provide information on any need which may arise in this respect.
Repetition Article 2(3) and (4) and Article 4 of the Convention. Dangerous parts of machinery requiring guards and the persons responsible. The Committee notes the study done by the Coordinator of the Occupational Safety and Health Unit, which in turn refers to the provisions of the Occupational Safety and Health Regulations, adopted by Decree No. 2393 of 13 November 1986. In its comments in 1995, the Committee noted that this text establishes liability and certain sanctions for failure to apply the prescriptions set forth in its provisions, but does not specify the persons on whom the obligation to ensure compliance with the provisions of Article 2 of the Convention shall rest. The Committee once again recalls that, in accordance with the provisions of the Convention, measures have to be taken to ensure that the categories of persons referred to in Article 4, namely vendors, persons letting out on hire or transferring machinery in any other manner and exhibitors and, where appropriate, their respective agents, and the manufacturer when she or he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it, are explicitly covered by the provisions of the national legislation establishing the obligation to prohibit by national laws or regulations or to prevent by other equally effective measures, the sale and hire of machinery of which the dangerous parts, specified in paragraphs 3 and 4 of Article 2, are without appropriate guards. The Committee urges the Government to take the necessary measures in the near future to bring the national legislation into conformity with the above provisions of the Convention and requests it to provide information on the progress achieved in this respect.
Noting that in its report the Government does not supply the information requested in the Committee’s previous comments and indicates that those comments have been referred to the new authorities for their views, the Committee refers to the comments it has made this year on the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), in which it invites the Government to seek technical assistance from the Office for the preparation of reports and in relation to a number of issues pertaining to the occupational safety and health Conventions. The Committee again invites the Government to send detailed information on the questions raised in its direct request of 2006 on the application of this Convention.
[The Government is asked to reply in detail to the present comments in 2011.]
1. The Committee notes the information contained in the Government’s report.
2. Article 2, paragraphs 3 and 4, and Article 4 of the Convention. Dangerous parts of machinery requiring guards and the persons responsible. The Committee notes the study done by the Coordinator of the Occupational Safety and Health Unit, which in turn refers to the provisions of the Occupational Safety and Health Regulations, adopted by Decree No. 2393 of 13 November 1986. In its comments in 1995, the Committee noted that this text establishes liability and certain sanctions for failure to apply the prescriptions set forth in its provisions, but does not specify the persons on whom the obligation to ensure compliance with the provisions of Article 2 of the Convention shall rest. The Committee once again recalls that, in accordance with the provisions of the Convention, measures have to be taken to ensure that the categories of persons referred to in Article 4, namely vendors, persons letting out on hire or transferring machinery in any other manner and exhibitors and, where appropriate, their respective agents, and the manufacturer when she or he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it, are explicitly covered by the provisions of the national legislation establishing the obligation to prohibit by national laws or regulations or to prevent by other equally effective measures, the sale and hire of machinery of which the dangerous parts, specified in paragraphs 3 and 4 of Article 2, are without appropriate guards. The Committee urges the Government to take the necessary measures in the near future to bring the national legislation into conformity with the above provisions of the Convention and requests it to provide information on the progress achieved in this respect.
The Committee notes the information sent by the Government in its reports. The Government states in its report that, in so far as all citizens are presumed to be acquainted with the content of laws and regulations, they are accordingly required to observe their provisions. The Committee points out, however, that according to the provisions of the Convention, measures must be taken to ensure that the categories of persons covered by the Convention in Article 4, namely vendors, persons letting out on hire or transferring machinery in any other manner, exhibitors and, where appropriate, their respective agents, as well as manufacturers when they sell machinery, let it out on hire, transfer it in any other manner or exhibit it, must be expressly mentioned in legal provisions establishing the prohibition by national laws or regulations or the prevention by other equally effective measures of the sale and hire of machinery of which the dangerous parts specified in paragraphs 3 and 4 of Article 2, are without appropriate guards.
Accordingly, the Committee hopes that the Government will take steps to bring the national laws and regulations into line with the provisions of the Convention. The Committee has already observed that the Regulations on the Health and Safety of Workers and the Improvement of the Working Environment, issued by Decree No. 2393 of 13 November 1986, provide for liability and sanctions for failure to apply the prescriptions set forth in the Decree, but do not specify, pursuant to Article 4 of the Convention, the persons on whom the obligation to ensure compliance with the provisions of Article 2 is to rest. The Committee accordingly asks the Government to state how the obligation to ensure compliance with Article 2 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.
Article 4 of the Convention. The Committee notes the information provided by the Government in its report.
The Committee notes in particular the functions of the various institutions that compose the machinery to apply, execute and supervise compliance with the Regulations on the Health and Safety of Workers and the Improvement of the Working Environment, adopted by Decree No. 2393 of 13 November 1986. This text determines responsibility and some sanctions imposed for non-compliance with its provisions, but does not determine the persons covered by Article 4 of the Convention on whom the obligation rests to apply the provisions of Article 2 of the Convention. The Committee once again requests the Government to indicate the manner in which the obligation to ensure compliance with the provisions of Article 2 is imposed on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor, the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it, or their respective agents.
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:
The Committee has taken note of the information supplied by the Government in its report and of the Regulations on the Health and Safety of Workers and the Improvement of the Working Environment, adopted by Decree No. 2393 of 13 November 1986.
Article 4 of the Convention. With regard to its previous comments, the Committee asks the Government to indicate in its next report the manner in which the obligation to ensure compliance with the provisions of Article 2 of the Convention is imposed on the various categories of persons referred to in this Article.
The Committee takes note of the information supplied by the Government in its report and of the Regulations on the Health and Safety of Workers and the Improvement of the Working Environment, adopted by Decree No. 2393 of 13 November 1986.
Further to its previous observations, the Committee notes with satisfaction that the Regulations on the Health and Safety of Workers and the Improvement of the Working Environment have been adopted by Decree No. 2393 of 13 November 1986 and promulgated in the Official Gazette, No. 565 of 17 November 1986, and that they give effect to the provisions of Articles 2 and 3 of the Convention (which prohibit the sale, hire, transfer in any other manner or exhibition of dangerous machinery which is not equipped with appropriate guards).