Observation (CEACR) - adoptée 1995, publiée 82ème session CIT (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.