Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee requests the Government to supply clarifications and supplementary information with respect to the following points.

Article 1, paragraph 2. Decisions concerning machinery operated by manual power. The Government is requested to provide information related to any decision which determines whether and how far machinery, new or second-hand, operated by manual power presents a risk of injury to the worker and shall be considered as machinery for the purpose of the application of the Convention. Please give particulars of the consultations which have taken place in relation to such decision.

Article 1, paragraph 3(b). Application to mobile agricultural machinery. The Government is requested to indicate the manner in which the Convention is applied to mobile agricultural machinery.

Article 2, paragraphs 1 and 2, in conjunction with Article 4. Prohibition of the sale, hire, transfer in any other manner, and exhibition of machinery of which the dangerous parts are without appropriate guards; obligation of the relevant persons. The Committee notes that the Government refers to sections 51 and 52 of the Safety and Health Protection at the Workplace Act, 1996. The Committee however notes that these provisions do not prohibit the sale, hire, transfer in any other manner and exhibition of machinery with dangerous parts which shall be guarded in an appropriate manner. The Government is therefore requested to indicate the specific provisions of national laws or regulations laying down the prohibition to sell, hire, transfer in any other manner or exhibit of machinery of which the dangerous parts are without appropriate guards and establishing the obligation of the vendor, the person letting out or hire or transferring the machinery in any other manner, or the exhibitor, to ensure such prohibition.

Article 2, paragraphs 3 and 4. Designation and protection of parts liable to present danger to persons coming into contact with them. The Committee notes the Government’s reference to sections 97-99 of the Safety and Health Protection at the Workplace Act, 1996, establishing the designer’s obligation to apply occupational safety and health regulations and, to take into consideration particular ergonomic principles as well as the manufacturer’s obligation, to produce them in conformity with Occupational Safety and Health regulations. In view of the general wording of such provisions, the Committee would like to point out that it is essential for the proper application of Part II of the Convention that national legislation lists the parts of machines which are dangerous and require protection and that, until these parts have been determined, the prohibition to sell, hire, transfer in any other manner and exhibit dangerous machines laid down in Article 2 of the Convention, will remain without effect. The Committee draws the Government’s attention to the fact that the list of dangerous parts must include at least all the parts enumerated in these provisions of the Convention.

Article 6, paragraph 2. Violation of national regulations and standards of occupational safety and health. The Committee notes the Government’s references to national rules and regulations dealing with different aspects of occupational safety and health, and in particular to the Rules on the list of high-risk machines and appliances (NN 47702) and the Rules on measures and standards of occupational safety and health for instruments of work (18/91). The Government is requested to supply copies of these texts with its next report.

Article 8, paragraph 2. Provisions on the maintenance, lubrication, setting-up or adjustment of machinery. The Committee notes that a separate section of the Rules on measures and standards of occupational safety and health for instruments of work (NN 18/91), prescribes safe working practices in the elimination of obstacles maintenance and transportation. The Government is requested to specify the section giving effect to this provision of the Convention.

Article 11, paragraph 1. Prohibition to use any machinery without the appropriate guards being in position or to make inoperative the guards. The Committee notes that section 79, paragraph 2, of the Safety and Health Protection at the Workplace Act, 1996, lays down that a worker has the right to refuse work if there is an imminent danger to his/her life and health due to the non-application of safety and health regulations. The Government is requested to indicate any provisions ensuring that no worker shall be required to use machinery without the guards provided being in position.

Article 17. Declaration on a more limited application of the Convention. The Committee notes that section 5, subsections (3) and (4), of the Safety and Health Protection at the Workplace Act, 1996, excludes members of the armed forces, the police and domestic servants from its scope of application. In this regard the Committee notes that, at the time of the ratification of this Convention, the Government did not append a declaration to the instrument of ratification excluding the abovementioned category of workers from the application of this Convention. The Committee therefore draws the Government’s attention to the fact that the exclusion of the above workers only in the legislation is not admissible. It therefore hopes that the Government will take the necessary measures to include these workers in the pertinent legislation.