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

The Committee notes the detailed information provided by the Government in its report for the period ending 1 June 2003.

Article 2, paragraphs 1 and 2, of the Convention. The Committee notes the numerous legal provisions quoted by the Government in its report establishing the producer’s, service provider’s, manufacturer’s, seller’s duties to produce, to put into circulation only safe products and services, to give to consumer complete information regarding the safety of the goods and services (sections 4(1) and (2), 8(1) and (2), of the Product and Services Safety Law, 2000; sections 13(1) and (2), 17 and 19 of the Consumer Rights Protection Law, 1999); establishing the dangerous equipment holder’s duty to register such equipment before its use (paragraph 2 of the Cabinet of Ministers’ Regulations on the Registration Procedure of Dangerous Equipment, 2000). The Committee notes that the Government refers to provisions of the Cabinet of Ministers’ Regulations on Safety Machines, 2000, which provide for the prohibition to sell machines which have not been appropriately labelled and assessed, as well as for the permission to place on the market only a machine which complies with the essential safety and harmlessness requirements.

The Committee recalls that these provisions of the Convention formally prohibit the sale, hire, transfer in any other manner and exhibition of machines of which the dangerous parts are without appropriate guards. The Committee requests the Government to provide information about the manner to give effect (in law and in practice) to these provisions. The Committee also requests the Government to supply, with its next report, the texts (English translation, if available) of the abovementioned Product and Services Safety Law, 2000, the Consumer Rights Protection Law, 1999, the Cabinet of Ministers’ Regulations on Safety of Machines, 2000, the Cabinet of Ministers Regulations on the Registration Procedure of Dangerous Equipment, 2000, as well as the Law on Technical Supervision of Dangerous Equipment, 1998.

Article 2, paragraphs 3 and 4. The Committee notes that the Government refers to numerous legal texts related to the safe use of different groups of machines or their parts liable to present danger to any person coming into contact with them. The Committee requests the Government to indicate the measures that have been taken or are envisaged in order to ensure that all the dangerous parts requiring guards, listed in the Convention, as mentioned in the relevant provisions of laws and regulations.

Article 4. The Committee notes that the Government refers to legal provisions related to the duty to produce safe products, to provide safe services, to register dangerous equipment with the state labour inspection and to receive a permit to use which rest on the manufacturer, seller, service provider, holder of dangerous equipment (section 13 of the Consumer Rights Protection Law; section 14 of the Law on Technical Supervision of Dangerous Equipment, 1998). The Committee requests the Government to indicate the measures taken or envisaged, including the adoption of law or regulations provisions, which establish the obligation of the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and, where appropriate, under national laws or regulations, of their respective agents to ensure the compliance with the provisions of Article 2 of the Convention, i.e. the prohibition or prevention by effective measures of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate grounds.

Article 11. The Committee notes section 17 of the Labour Protection Law, 2001, which lays down that employees have obligation to: take care of their own safety and the safety and health of those persons who are affected or may be affected by the work of employees; to use collective protective equipment; and to refrain from arbitrarily starting, changing or moving the relevant safety devices. The Committee also notes the general employers’ obligation to ensure the functioning of the labour protection system in the undertaking stipulated in section 5 of the same Law. The Committee requests the Government to indicate the measures that have been taken or are envisaged in order to ensure that no worker shall be required to use any machinery without the guards provided being in position.