Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

Further to the comments which it has made for many years on the application of Article 2, paragraphs 3 and 4, of the Convention, the Committee notes that the implementing regulations provided for in section 37(3) of General Order No. 3758 of 25 November 1954 with a view to designating machinery or dangerous parts thereof have still not been adopted. The Committee again notes the Government’s statement that the Bill is being prepared by the competent authorities.

The Committee hopes that the future implementing regulations will also give effect to Article 10, paragraph 1, of the Convention establishing the obligation of an employer to take steps to bring national laws or regulations relating to the guarding of machinery and to the dangers arising and the precautions to be observed in the use of the machinery to the notice of workers, as well as to its Article 11 which provides that workers shall not use machinery without the guards provided being in position, nor make such guards inoperative, while guaranteeing that, irrespective of the circumstances, workers shall not be required to use machinery when the guards provided are not in position or when they are inoperative.

The Committee recalls that, should it consider it to be appropriate, the Government may seek the assistance of the International Labour Office in the preparation of this text.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.