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