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

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

Article 4 of the Convention. Obligation of the vendor, the person letting out on hire or transferring the machinery in any other manner or the exhibitor. With reference to its previous comments, the Committee notes the Government’s response that such obligations are not provided for directly by the Labour Code, but can be addressed through legislation of other bodies and joint committees with relevant monitoring bodies in which the Ministry of Labour participates. The Committee notes that the information provided does not appear to address the issue raised in its previous comments, namely that the obligation to apply the provisions of Article 2 of the Convention shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor. The Committee would like to refer the Government to paragraph 165 of its General Survey of 1987 on safety in the working environment, whereby the Committee pointed out that a “general prohibition in the legislation on the sale, etc. of dangerous machinery is not sufficient if it is not accompanied by a provision placing the obligation to ensure compliance with these measures on the vendor and other persons carrying out such acts”. In light of the above comments, the Committee once again requests the Government to indicate the specific provisions in national legislation that give effect to Article 4 of the Convention.

Part V of the report form. Application in practice. The Committee notes the introduction of a national week on occupational safety and health in 2004 and the agreement to hold it every year. The Committee further notes the recent statistical information provided by the Government highlighting the achievements, the gradual increase in the number of inspectors and that 48,640 inspections were undertaken in 2009, in which 223 violations of occupational safety and health were reported. The Committee also notes that, while there has been an increase in the number of inspectors since 2008, there has been a decrease in the number of inspectoral visits since 2007. The Committee requests the Government to provide further information on the nature of the violations and the reason for the decrease in the number of inspectoral visits. The Committee would also request the Government to continue to provide statistical information on the application of the Convention in practice.

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

1. The Committee notes the information contained in the Government’s latest report, as well as the statistical information contained in the report for 2004, issued by the Division of Occupational Safety and Health.

2. Article 4 of the Convention. Obligations of the vendor, the person letting out on hire or transferring the machinery, the exhibitor or the manufacturer. The Committee notes that the Government’s report contains no specific indication concerning measures giving effect to this Article. It recalls that the obligation to prohibit the sale, letting out on hire, or transferring of the machinery in any other manner, and the exhibiting of machinery without appropriate guards rests with the vendor, the person letting out on hire or transferring the machinery in any other manner or the exhibitor and, where appropriate, on their respective agents, as well as on the manufacturer when he/she sells machinery, lets it out on hire, transfers it in any other manner or exhibits it. The Committee hopes that the Government will indicate in its next report the measures taken or envisaged to give full effect to the provisions of this Article.

3. Part V of the report form. The Committee notes the statistical information concerning interventions by the Division of Occupational Safety and Health during 2004 in various establishments. The Committee requests the Government to continue to provide in its next report statistical information covering several years to enable the Committee to follow the progress.

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

The Committee notes with interest the adoption of Regulation No. 43 of 1998 concerning safety and protection from industrial equipment, and at workplaces, which includes general provisions aimed at protecting workers against mechanical, electrical, and chemical hazards arising from industrial and mechanical machines. The Committee also notes the information about section 5 of Law on Imports and Exports No. 21 of 2001 and item 5 under Instruction No. 1 of 1999 governing other conditions affecting the import of machines which do not have a direct bearing on the application of the following provisions of the Convention that were the object of the Committee’s previous comments.

Article 2 of the Convention. Further to its previous comments, the Committee notes that section 6(c) of Regulation No. 43 of 1998 prohibits the acquisition, sale, hire, transport of machines and tools whose dangerous parts are not provided with sufficient guards. The Committee would be grateful if the Government would indicate whether the competent authority has determined, and the extent of this determination, to prohibit by national laws or regulations or to prevent by other equally effective measures the transfer in any other manner and the exhibiting of machinery the dangerous parts of which are without appropriate guards.

Article 4. Further to its previous comments, the Committee notes that neither the Labour Code nor Regulation No. 43 of 1998 provide for the obligation to ensure compliance with Article 2 of the Convention to be with the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor, or their respective agents, where appropriate, with the manufacturer when he/she sells machinery, lets it out on hire, transfers it in any other manner or exhibits it.

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

The Committee notes with interest the adoption of the new Labour Code, Act No. 8 of 1996, Chapter IX, which contains provisions of a general nature aimed at protecting workers against hazards and diseases that may result from work or machines. The Committee notes that section 85(c) of the Code provides for a regulation which should envisage prevention and safety measures in the operation of industrial machinery and at the workplace. The Committee hopes that the mentioned regulation will give full effect to the Convention and requests the Government to communicate a copy of the text once it has been adopted.

Article 2 of the Convention. Referring to its previous comments, the Committee notes that the Government refers to Regulation No. 57 of 1963 which contains provisions obliging the employer or the director responsible for the undertaking to build protection fences around certain gears, moving parts, drive belts and any other parts of machinery which may be dangerous. The Committee recalls that this provision of the Convention expressly prohibits the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. The Committee hopes that the regulation to be adopted under section 85(c) of the new Labour Code will deal with the above-mentioned requirements of the Convention.

Article 4. With reference to its previous comments, the Committee notes that the Government's latest report contains no specific information concerning measures giving effect to this Article and that no relevant provision had been laid down in the new Labour Code to this effect. The Government is therefore requested to indicate the provision stipulating the obligation to ensure compliance with Article 2 of the Convention upon the vendor, the person letting out on hire or transferring the machinery in any other manner, the exhibitor, or their respective agents, where appropriate, upon the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information supplied by the Government in its latest report. It notes in particular that the draft Labour Code has been transmitted to Parliament and should then be submitted to the Senate. The Committee hopes that the Government will be in a position to provide a copy of the text when it is adopted.

The Committee also hopes that the text will contain provisions giving effect to Article 2 of the Convention (formal prohibition upon the sale and hire or transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards) and Article 4 (obligation to ensure compliance with the provisions of Article 2 resting on the vendor, the person letting out on hire or transferring the machinery in any other manner, the exhibitor, the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it).

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

The Committee notes the Government's latest report.

It notes from the information supplied by the Government in answer to its previous comments that the Committee responsible for examining the draft Labour Code has introduced provisions which are in keeping with those of the Convention. The Committee again expresses the hope that the draft Labour Code will be adopted in the very near future so that effect will be given to Articles 2 and 4 of the Convention, since the Committee has been commenting on this matter for many years. It would be grateful if the Government would indicate all progress made in this respect and provide the text of the new Code as soon as it has been adopted.

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

Part II, Articles 2 and 4 of the Convention. With reference to its previous comments, the Committee again draws the Government's attention to the absence of provisions in national law to prohibit formally the sale, hire, transfer in any other manner and exhibition of machinery the dangerous parts of which are without appropriate guards, as required by the above-mentioned provisions of the Convention.

In its report, the Government states that the Committee's comments will be submitted to the Ministerial Committee responsible for examining the draft Labour Code, and that the Minister of Labour, who is represented on the above Committee, will endeavour to introduce the provisions required by the Convention into the draft of the new Labour Code to ensure that effect is given to the provisions of this Convention.

The Committee can but express the hope that the Government will do everything in its power, without further delay, to ensure that the national legislation is brought into conformity with the provisions of the Convention.

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

In the comments that it has been making for many years, the Committee has referred to the absence of provisions in national law to give effect to Articles 2 and 4 of the Convention. Article 2 deals with the prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts specified in paragraphs 3 and 4 of the same Article are without appropriate guards. Article 4 provides for the extension of the responsibility of the vendor, the person letting out on hire or transferring the machinery and the exhibitor, in accordance with national legislation, to their agents.

The Government has referred on several occasions to the current draft of the new Labour Code which would give effect to the above provisions of the Convention. In its last report, the Government indicates that this draft text has been under examination since 1983 by the Council of Ministers, which is responsible for its enactment. It also indicates that the discussion of the draft text is taking place with the participation of all the parties concerned.

The Committee notes that the Government does not indicate whether a time-period is planned for the adoption of the new Code. In view of the fact that this matter has been the subject of its comments for many years, the Committee once again hopes that the Government will take the necessary measures in the near future to give effect to the Convention in respect of the points that have been raised.

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

See under general observations, as follows:

For a number of years the Committee has been making comments on the need to take measures to give full effect to certain provisions of Conventions Nos. 119, 120 and 124, and the Government has stated that these comments will be taken into account in the draft of the new Labour Code. The Committee notes from the Government's most recent reports that the procedure for the adoption of the new Labour Code does not appear to have made progress. It can only express the hope that the draft Labour Code will be adopted in the near future, or that the Government will take other appropriate measures to give effect to the provisions of these Conventions, and that the next report on each of these Conventions will indicate the measures taken for this purpose.