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Repetition Article 2, paragraphs 1 and 2, of the Convention. The Committee notes that, under section 5 of Instructions No. 22 of 1987 relating to occupational safety and health, the employer must take measures designed to protect workers against hazards entailed in using machines and supply appropriate guards. The Committee recalls that these provisions of the Convention formally prohibit the sale, hire, transfer in any other manner and exhibition of machines of which the dangerous parts are without appropriate guards. The Committee requests the Government to indicate the measures taken or envisaged in order to give effect to these provisions.Article 2, paragraphs 3 and 4. The Committee notes that national legislation contains no provisions giving effect to these paragraphs. Referring again to paragraphs 73–98 of its General Survey on safety in the working environment, the Committee indicates that it is essential for the proper application of Part II of the Convention that national legislation lists the parts of machines which are dangerous and require protection and that, until these parts have been determined, the prohibition to sell, hire, transfer in any other manner and exhibit dangerous machines, laid down in Article 2 will remain without effect. The Committee draws the Government’s attention to the fact that the list of dangerous parts must include at least all the parts enumerated in these provisions of the Convention.Article 4. The Committee notes the reference made by the Government in its report to Instructions No. 22 of 1987, the framework in which the subject of this Article is covered. It notes that no provision in these Instructions makes it compulsory for the seller, hirer, person who transfers the machine in any other manner, the exhibitor, the manufacturer who sells, hires, transfers or exhibits machines to apply the provisions of Article 2 of the Convention. The Committee requests the Government to indicate the measures taken or envisaged with a view to giving effect to this provision of the Convention.Article 6. The Committee notes that the Government refers to paragraph 7 of section 5 of Instructions No. 22 of 1987. It observes that the said paragraph contains only one provision of a general nature concerning occupational safety. The Committee observes that under this section the use of machines of which any of the dangerous parts, including the moving parts (operation zone), is not provided with appropriate guards must be formally prohibited by national legislation or prevented by other equally effective measures. The Committee requests the Government to indicate the measures taken or envisaged with a view to preventing the use of machines whose dangerous parts are not provided with appropriate guards.Article 10. The Committee notes that the measures designed to ensure safety of workers during work and which must be taken by the employer in accordance with section 5 of Instructions No. 22 of 1987, include the formulation and posting up in a visible place instructions relating to occupational safety, specifying what workers must do and not do. The Committee requests the Government to indicate whether such instructions include (or must include) extracts from texts or references to national legislation concerning the guarding of machinery as required by this provision of the Convention.Article 15. The Committee again requests the Government to indicate the measures for the purpose of supervising the application of the Convention (appropriate sanctions and inspection services).
The Committee notes the effort made by the Government to fulfil its constitutional obligations by submitting a report on the application of this ratified Convention. The Committee notes, however, that this report does not contain any new information on the matters raised since 1996 concerning the application of the Convention. It also notes that the Government is in the process of amending its Labour Code, that technical assistance has been received from the ILO in this respect and that the amended text is being finalized. The Committee expresses the hope that the amended Labour Code, as well as any relevant implementing legislation, will be adopted in the near future and that the new legislative measures taken will provide an adequate response to the following previous comments of the Committee which in relevant parts read as follows:
Article 2, paragraphs 1 and 2, of the Convention. The Committee notes that, under section 5 of Instructions No. 22 of 1987 relating to occupational safety and health, the employer must take measures designed to protect workers against hazards entailed in using machines and supply appropriate guards. The Committee recalls that these provisions of the Convention formally prohibit the sale, hire, transfer in any other manner and exhibition of machines of which the dangerous parts are without appropriate guards. The Committee requests the Government to indicate the measures taken or envisaged in order to give effect to these provisions.
Article 2, paragraphs 3 and 4. The Committee notes that national legislation contains no provisions giving effect to these paragraphs. Referring again to paragraphs 73–98 of its General Survey on safety in the working environment, the Committee indicates that it is essential for the proper application of Part II of the Convention that national legislation lists the parts of machines which are dangerous and require protection and that, until these parts have been determined, the prohibition to sell, hire, transfer in any other manner and exhibit dangerous machines, laid down in Article 2 will remain without effect. The Committee draws the Government’s attention to the fact that the list of dangerous parts must include at least all the parts enumerated in these provisions of the Convention.
Article 4. The Committee notes the reference made by the Government in its report to Instructions No. 22 of 1987, the framework in which the subject of this Article is covered. It notes that no provision in these Instructions makes it compulsory for the seller, hirer, person who transfers the machine in any other manner, the exhibitor, the manufacturer who sells, hires, transfers or exhibits machines to apply the provisions of Article 2 of the Convention. The Committee requests the Government to indicate the measures taken or envisaged with a view to giving effect to this provision of the Convention.
Article 6. The Committee notes that the Government refers to paragraph 7 of section 5 of Instructions No. 22 of 1987. It observes that the said paragraph contains only one provision of a general nature concerning occupational safety. The Committee observes that under this section the use of machines of which any of the dangerous parts, including the moving parts (operation zone), is not provided with appropriate guards must be formally prohibited by national legislation or prevented by other equally effective measures. The Committee requests the Government to indicate the measures taken or envisaged with a view to preventing the use of machines whose dangerous parts are not provided with appropriate guards.
Article 10. The Committee notes that the measures designed to ensure safety of workers during work and which must be taken by the employer in accordance with section 5 of Instructions No. 22 of 1987, include the formulation and posting up in a visible place instructions relating to occupational safety, specifying what workers must do and not do. The Committee requests the Government to indicate whether such instructions include (or must include) extracts from texts or references to national legislation concerning the guarding of machinery as required by this provision of the Convention.
Article 15. The Committee again requests the Government to indicate the measures for the purpose of supervising the application of the Convention (appropriate sanctions and inspection services).
The Committee notes the information provided by the Government in its report.
Article 2, paragraphs 1 and 2, of the Convention. The Committee notes that, under section 5 of Instructions No. 22 of 1987 relating to occupational safety and health, the employer must take measures designed to protect workers against hazards entailed in using machines and supply appropriate guards. The Committee recalls that these provisions of the Convention formally prohibits the sale, hire, transfer in any other manner and exhibition of machines of which the dangerous parts are without appropriate guards.
The Committee requests the Government to indicate the measures taken or envisaged in order to give effect to these provisions.
Article 2, paragraphs 3 and 4. The Committee notes that national legislation contains no provisions giving effect to these paragraphs. Referring again to paragraphs 73 to 98 of its General Survey on Safety in the Working Environment, the Committee indicates that it is essential for the proper application of Part II of the Convention that national legislation lists the parts of machines which are dangerous and require protection and that, until these parts have been determined, the prohibition to sell, hire, transfer in any other manner and exhibit dangerous machines, laid down in Article 2 of the Convention, will remain without effect. The Committee draws the Government's attention to the fact that the list of dangerous parts must include at least all the parts enumerated in these provisions of the Convention.
Article 4. The Committee notes the reference made by the Government in its report to Instructions No. 22 of 1987, the framework in which the subject of this Article is covered. It notes that no provision in these Instructions makes it compulsory for the seller, hirer, person who transfers the machine in any other manner, the exhibitor, the manufacturer who sells, hires, transfers or exhibits machines to apply the provisions of Article 2 of the Convention.
The Committee requests the Government to indicate the measures taken or envisaged with a view to giving effect to this provision of the Convention.
Article 6. The Committee notes that the Government refers to paragraph 7 of section 5 of Instructions No. 22 of 1987. It observes that the said paragraph contains only one provision of a general nature concerning occupational safety. The Committee observes that under this section the use of machines of which any of the dangerous parts, including the moving parts (operation zone), is not provided with appropriate guards must be formally prohibited by national legislation or prevented by other equally effective measures.
The Committee requests the Government to indicate the measures taken or envisaged with a view to preventing the use of machines whose dangerous parts are not provided with appropriate guards.
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 noted the information supplied by the Government in its first report.
The Committee has noted that the text supplied by the Government (Instructions No. 22 of 1987 respecting occupational health and safety) do not contain provisions that give effect to the Convention and requests the Government to supply information on the measures that have been taken or are envisaged to give effect to the following provisions of the Convention:
Article 2, paragraphs 1 and 2. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards.
Article 2, paragraphs 3 and 4. Enumeration of the dangerous parts of machinery which must be so designed, sunk or protected as to prevent danger.
The Committee refers to paragraphs 73 to 98 of its 1987 General Survey on Safety in the Working Environment in which it indicates that it is indispensable for the effective application of Part II of the Convention for national legislations to define the parts of machinery that are dangerous and require protection and that, if these parts have not been determined, the prohibition on the sale, hire, transfer and exhibition of dangerous machinery set out in Article 2 of the Convention will be without effect. It also emphasized that the list of dangerous parts should include as a minimum all those parts enumerated in Article 2, paragraphs 3 and 4, of the Convention.
Article 4. Obligation of the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and, where appropriate under national laws or regulations, their respective agents and the manufacturer, to apply the provisions of Article 2 of the Convention.
Article 6. Prohibition of the use of machinery any dangerous part of which is without appropriate guards.
Article 7. Obligation of the employer to ensure compliance with the prohibition to use machinery that is without appropriate guards (Article 6).
Article 10. Steps that the employer shall take to bring national laws or regulations relating to the guarding of machinery to the notice of workers and to instruct them, as and where appropriate, regarding the dangers arising and the precautions to be observed in the use of machinery.
Article 15, paragraphs 1 and 2. Measures designed to ensure the effective enforcement of the Convention (appropriate sanctions and inspection services).
The Committee notes the information supplied by the Government in its first report.
The Committee notes that the text supplied by the Government (Instructions No. 22 of 1987 respecting occupational health and safety) do not contain provisions that give effect to the Convention and requests the Government to supply information on the measures that have been taken or are envisaged to give effect to the following provisions of the Convention: