Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes the effort made by the Government to fulfil its constitutional obligations by submitting a report on the application of this ratified Convention. The Committee notes, however, that this report does not contain any new information on the matters raised since 1996 concerning the application of the Convention. It also notes that the Government is in the process of amending its Labour Code, that technical assistance has been received from the ILO in this respect and that the amended text is being finalized. The Committee expresses the hope that the amended Labour Code, as well as any relevant implementing legislation, will be adopted in the near future and that the new legislative measures taken will provide an adequate response to the following previous comments of the Committee which in relevant parts read as follows:

Article 2, paragraphs 1 and 2, of the Convention. The Committee notes that, under section 5 of Instructions No. 22 of 1987 relating to occupational safety and health, the employer must take measures designed to protect workers against hazards entailed in using machines and supply appropriate guards. 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 indicate the measures taken or envisaged in order to give effect to these provisions.

Article 2, paragraphs 3 and 4. The Committee notes that national legislation contains no provisions giving effect to these paragraphs. Referring again to paragraphs 73–98 of its General Survey on safety in the working environment, the Committee indicates 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 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 4. The Committee notes the reference made by the Government in its report to Instructions No. 22 of 1987, the framework in which the subject of this Article is covered. It notes that no provision in these Instructions makes it compulsory for the seller, hirer, person who transfers the machine in any other manner, the exhibitor, the manufacturer who sells, hires, transfers or exhibits machines to apply the provisions of Article 2 of the Convention. The Committee requests the Government to indicate the measures taken or envisaged with a view to giving effect to this provision of the Convention.

Article 6. The Committee notes that the Government refers to paragraph 7 of section 5 of Instructions No. 22 of 1987. It observes that the said paragraph contains only one provision of a general nature concerning occupational safety. The Committee observes that under this section the use of machines of which any of the dangerous parts, including the moving parts (operation zone), is not provided with appropriate guards must be formally prohibited by national legislation or prevented by other equally effective measures. The Committee requests the Government to indicate the measures taken or envisaged with a view to preventing the use of machines whose dangerous parts are not provided with appropriate guards.

Article 10. The Committee notes that the measures designed to ensure safety of workers during work and which must be taken by the employer in accordance with section 5 of Instructions No. 22 of 1987, include the formulation and posting up in a visible place instructions relating to occupational safety, specifying what workers must do and not do. The Committee requests the Government to indicate whether such instructions include (or must include) extracts from texts or references to national legislation concerning the guarding of machinery as required by this provision of the Convention.

Article 15. The Committee again requests the Government to indicate the measures for the purpose of supervising the application of the Convention (appropriate sanctions and inspection services).