Observation (CEACR) - adoptée 1997, publiée 86ème session CIT (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.