Observation (CEACR) - adoptée 1994, publiée 81ème session CIT (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.