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Guarding of Machinery Convention, 1963 (No. 119) - Paraguay (RATIFICATION: 1967)

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Previous comments: C.115, C.119 and C.120

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 119 (guarding of machinery) and 120 (hygiene (commerce and offices)) together.
Legislation and national policy on occupational safety and health. The Committee notes that the Government indicates the adoption of the following legislation: (i) Act No. 5804/17, which establishes the national system for the prevention of occupational hazards; (ii) Decision No. 03/2022 of the Ministry of Labour, Employment and Social Security (MTESS), which regulates the content and frequency of the mandatory health examinations for recruitment and periodical health examinations of workers, and other aspects related to occupational safety and health, in accordance with Decree No. 5078/2021 of 5 April 2021; and (iii) MTESS Decision No. 359/16, which regulates the procedure for the registration of professionals performing duties in the area of occupational safety and health, and which establishes the related categories, requirements and penalties. The Committee also notes the Government’s indications in its report that the MTESS and the Ibero-American Social Security Organization forged a strategic alliance through the signature of a memorandum of understanding to develop and apply a national occupational safety and health policy, and provide quality specialization training for inspectors from the MTESS.
Application in practice of Conventions Nos 115, 119 and 120. The Committee notes the Government’s indications that, during the COVID-19 pandemic, in 2020, 9,733 inspections were carried out in enterprises for the enforcement of compliance with occupational safety and health standards in the 17 departments of the country. The Government also indicates that, during the first half of 2021, the General Directorate of Labour Inspection and Monitoring, under the Annual Management Plan, carried out 94 inspections in enterprises, delivered 450 notifications to enterprises for the preventive enforcement of compliance with existing legal standards, and 969 checks on compliance with the health protocols and health provisions in force within the context of the COVID-19 pandemic. The Committee also notes the Government’s indications that a series of courses and seminars on occupational safety and health were delivered to inspectors, regional directors of the MTESS and occupational safety and health officers, and an event on the promotion of a safe and healthy working environment as a fundamental principle at work was held in June 2023. The Committee requests the Government to provide information on the application in practice of the ratified Conventions on occupational safety and health, including the number and cause of occupational accidents and diseases reported, and information on the inspection activities carried out, including the number of investigations and inspections conducted and the number of offences detected and the penalties imposed, including in commerce and offices.

A. Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 1, 3(1) and (2), and 6 of the Convention. Measures to ensure the effective protection of workers against ionizing radiations in the light of current knowledge. Revision of the maximum permissible doses of ionizing radiation. Consultations with the social partners. The Committee notes that the Government indicates in its report the adoption of the Basic Regulations on radiation protection and safety of ionizing radiation sources, by means of Decision No. 006/2016 of the Board of Directors of the Radiological and Nuclear Regulatory Authority (D-ARRN), which was amended by D-ARRN Decision No. 26/2016 of 22 September 2016. The Committee notes the Government’s reference to sections 73 to 85 of the Regulations concerning maximum permissible doses of ionizing radiation. In this regard, the Committee notes that the following limits are in line with the exposure limits recommended by international bodies: (i) with regard to the dose limits for the occupational exposure of workers aged over 18: (a) an effective average dose of 20 mSv per year within a period of five consecutive years, with a total of 100 mSv during the five years; (b) an effective dose of 50 mSv in a single year; (c) an equivalent dose to the lens of the eye of 20 mSv in a year; and (d) an equivalent dose to the extremities (hands and feet) and to the skin of 500 mSv in a year (section 75 of the Regulations); and (ii) concerning students aged between 16 and 18 years who require the use of ionizing radiation in the course of their studies: (a) an effective dose of 6 mSv in a year; (b) an equivalent dose to the lens of the eye of 20 mSv in a year; and (c) an equivalent dose to the extremities (hands and feet) or the skin of 150 mSv in a year (section 77 of the Regulations). Regarding the limits for emergency workers, pregnant or breastfeeding workers, and workers who are not directly engaged in radiation work, the Committee refers to Articles2, 6 and 8 below. With reference to its comments on Articles 2, 6 and 8, the Committee requests the Government to provide information on the updating of the maximum permissible doses of ionizing radiations established in the Basic Regulations on radiation protection and safety of ionizing radiation sources in the subsequent years, based on the development of new knowledge, and in consultation with the social partners.
Article 2. Activities involving exposure of workers to ionizing radiation in the course of their work. Emergency workers. The Committee notes that, while section 73 of the Basic Regulations on radiation protection and safety of ionizing radiation sources establishes special limits for exceptional circumstances, it does not provide a definition of those circumstances. The Committee notes that section 74 of the Regulations provides that the dose limits established in the Regulations only apply to planned exposure, with the exception of medical exposure and existing exposure. With reference to paragraphs 36 and 37 of its General Observation of 2015, the Committee requests the Government to provide information on the measures adopted or envisaged to: (i) establish the circumstances constituting an emergency; (ii) guarantee that the reference levels selected are within the 20–100 mSv band or, where possible, below that band; and (iii) ensure that no emergency worker is subject to an exposure in an emergency in excess of 50 mSv.
Article 6. Maximum permissible doses of ionizing radiation for pregnant and breastfeeding workers. The Committee notes that section 87 of the Basic Regulations on radiation protection and safety of ionizing radiation sources provides that, once pregnancy is declared, working conditions must be such that it is highly improbable that the individual equivalent dose to the surface of the abdomen exceeds 2 mSv. The Committee recalls that the methods of protection at work for pregnant workers should provide a level of protection for the embryo/foetus broadly similar to that provided for members of the public, which is 1 mSv, and that, once an employer has been notified of the pregnancy of a worker, additional controls must be considered in order to attain this level of protection for the embryo/foetus. Furthermore, in order to ensure the same level of protection for breastfed infants, the same principle must apply to breastfeeding workers (paragraph 12 of the General Observation of 2015). However, the Committee observes that section 87 of the Regulations does not mention breastfeeding workers. With reference to paragraph 12 of its General Observation of 2015, the Committee requests the Government to provide information on the measures adopted or envisaged to ensure an annual dose limit of ionizing radiation of 1 mSv for pregnant and breastfeeding workers.
Article 8. Maximum permissible doses of ionizing radiation for workers who are not directly engaged in radiation work. The Committee notes that section 78 of the Basic Regulations on radiation protection and safety of ionizing radiation sources establishes the estimated average doses for relevant critical groups of members of the public, which are in accordance with the recommendations of the International Commission on Radiological Protection, but does not provide for anything on workers who are not directly engaged in radiation work. With reference to paragraph 35 of its General Observation of 2015, the Committee requests the Government to indicate whether the dose limits established for relevant critical groups of members of the public in section 78 of theBasic Regulations on radiation protection and safety of ionizing radiation sources include workerswho are not directly engaged in radiation work and, if not, to specify the limits established for this category of workers.
Article 14. Employment involving exposure to ionizing radiation contrary to medical advice. Further to its previous comments, the Committee notes the Government’s indications in its report that section 8 of Decree No. 7550/2017, which regulates Act No. 5508, of 28 October 2015, on the promotion and protection of maternity and support for breastfeeding, establishes that, during pregnancy, workers who are regularly engaged in work considered by the competent authority as harmful to their health shall be reassigned, with no reduction in their remuneration, to other work that is not detrimental to their condition. In addition, the Committee notes that, while the Government also refers to section 60 of the Basic Regulations on radiation protection and safety of ionizing radiation sources, it does not provide that workers must not be assigned to work that may expose them to ionizing radiation contrary to qualified medical advice. The Committee also notes that section 96 of the aforementioned Regulations sets out the obligation to make appropriate arrangements or agreements to provide occupational medical surveillance in accordance with the provisions established by the Radiological and Nuclear Regulatory Authority and the recommendations of the International Atomic Energy Agency on this matter. While it notes the information provided by the Government on pregnant workers, the Committee requests the Government to provide information on the measures adopted or envisaged to ensure that no workers shall be employed, or shall continue to be employed, in work that may expose them to ionizing radiation contrary to qualified medical advice.

Guarding of Machinery Convention, 1963 (No. 119)

Articles 2 and 4 of the Convention. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. Noting the lack of information provided by the Government in its report, the Committee requests it to provide information on the measures adopted or envisaged to ensure that the sale and hire of machinery of which the dangerous parts are without appropriate guards are prohibited by national legislation or are prevented by other equally effective measures. The Committee also requests the Government to provide information on the measures adopted or envisaged to ensure that the persons included in Article 4 of the Convention apply Article 2 of the Convention.

B. Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 6 of the Convention.Adequate inspection services.With reference to the previous request of the Committee on inspections and application in practice, the Committee notes the information provided and refers to its comments above on the application in practice of the ratified Conventions.

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Articles 2 and 4 of the Convention. Prohibition of the sale, hire, transfer in any other manner or exhibition of machinery of which the dangerous parts are without appropriate guards. For several years, the Committee has been requesting the Government to adopt the necessary measures so that provisions expressly prohibiting the sale, hire, transfer in any other manner or exhibition of machinery of which the dangerous parts are without appropriate guards are incorporated into the national legislation, so that the obligation to ensure compliance with this prohibition rests on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and their respective agents, and that penalties are provided for in order to implement the provisions of the Convention. The Committee notes the Government’s indication that the legislative alignment is still pending to bring these sections into conformity with the Convention. The Committee also notes that during the ILO technical assistance mission which visited the country in September 2014, the Government and the social partners signed a Memorandum of Understanding on international labour standards under which the Tripartite Advisory Council of the Ministry of Labour, Employment and Social Security is assigned to carry out a study into the legislative alignments considered necessary, and their follow-up, in accordance with all ratified international labour Conventions. The Memorandum also provides that, following the agreement regarding the assignment, the corresponding proposals can be drawn up for consideration by the sovereign power of the National Congress of the Republic and that the ILO will cooperate with the Tripartite Advisory Council by providing assistance and support to the assignment. The Committee welcomes the signing of the Memorandum of Understanding in question and trusts that, as a follow-up to the task carried out by the Tripartite Advisory Council, the necessary measures will be taken in order to give effect to these provisions of the Convention. The Committee requests the Government to send information on any developments in this regard.
Application of the Convention in practice. The Committee notes the information provided by the Government and requests it to continue providing information on inspections carried out and offences recorded, including in relation to agricultural machinery.

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The Committee refers to the first paragraph of its comments on the application of the Hygiene (Commerce and Offices) Convention, 1964 (No. 120), in which, among other indications, it notes the Government’s indication that it would be of great significance for it to continue to receive ILO technical assistance related to occupational safety and health as it has been observed that the workers, in particular, are not aware of the labour legislation in relation to the prevention of employment accidents and occupational diseases.

Articles 2 and 4 of the Convention. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. In its previous comments, the Committee noted that ILO assistance had been requested in 2006 for a revision of the provisions that are in force respecting occupational safety and health and to regulate and discuss, on a tripartite basis, matters relating to Articles 4 and 15 of the Convention. The Committee expressed the hope that, following revision, the national legislation would contain provisions explicitly prohibiting the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, and that the obligation to ensure compliance with the prohibition would rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and their respective agents, and would establish penalties to give effect to the provisions of the Convention. The Committee notes the Government’s indication that the measures of application are only laid down in national regulations, but observes that the Government has not provided copies of these regulations. The Committee also notes that, according to the Government’s report, information is not available on the revision of the legislation referred to previously. The Committee requests the Government to: (a) provide information on the national regulations to which it refers in its report and which give effect to these Articles of the Convention; (b) adopt the necessary measures, where appropriate, to give full effect to these Articles of the Convention; and (c) indicate whether a revision is being undertaken of the legislation and provide details in this respect.

Part V of the report form. Application in practice. The Committee notes the information on the inspections carried out and the difficulties relating to the availability of resources. It also notes the attached copies of inspection forms provided by the Government, which contain a section on machinery and tools, in which it is necessary to indicate whether there are appropriate guards for the moving parts. The Committee requests the Government to provide information on the types of violations reported in relation to this part of the form that was provided and to continue to provide any available information on the application of the Convention in practice. The Committee requests the Government to provide information on the sectors in which the principal problems relating to the guarding of machinery have been identified.

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1. The Committee notes the information in the Government’s latest report. As it contains very little new information in reply to the Committee’s previous comments, the Committee is once again required to draw the Government’s attention to the following points.

2. Article 2, paragraphs 1 and 2, and Articles 4 and 15 of the Convention. Prohibition of the sale, hire, transfer, in any other manner, and exhibition of machinery of which the dangerous parts are without appropriate guards and penalties. With reference to its previous comments, the Committee notes the information provided by the Government that enterprises that use machinery and/or equipment without protection are penalized. It also notes once again that ILO assistance has been requested in 2006 for a revision of the provisions that are in force respecting occupational safety and health to regulate and discuss on a tripartite basis matters relating to Articles 4 and 15 of the Convention. The Committee hopes that, following revision, the national legislation will contain provisions explicitly prohibiting the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, providing that the obligation to ensure compliance with this prohibition shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and their respective agents, and establishing penalties to give effect to the provisions of the Convention. The Committee requests the Government to provide a copy of the revised text once it has been adopted.

3. Part V of the report form. Application of the Convention in practice. The Committee notes the inspections carried out in the enterprise Aceros del Paraguay-Acepar S.A. pursuant to Inspection Order No. 79/07 and in the enterprise Achon Industrial pursuant to Inspection Order No. 80/07. The Committee requests the Government to provide more ample information regarding the application in practice of the present Convention including statistical data on labour inspections, the number and nature of the infringements reported, the number and nature and cause of the accidents occurring, etc.

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1. The Committee notes the information contained in the Government’s report. As the report does not contain replies to its previous comments, the Committee once again draws the Government’s attention to the following points.

2. Article 2, paragraphs 1 and 2, and Articles 4 and 15 of the Convention. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards and penalties. With reference to its previous comments, the Committee notes the information provided by the Government that enterprises which use machinery and/or equipment without protection are penalized. It also notes that ILO assistance has been requested in 2006 for a revision of the provisions that are in force respecting occupational safety and health to regulate and discuss on a tripartite basis matters relating to Articles 4 and 15 of the Convention. The Committee hopes that, following this revision, the national legislation will contain provisions explicitly prohibiting the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, providing that the obligation to ensure compliance with this prohibition shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and their respective agents, and establishing penalties to give effect to the provisions of the Convention. The Committee requests the Government to provide a copy of the revised text with its next report.

3. Part V of the report form. Application of the Convention in practice. The Committee notes the copy of the inspections carried out which was attached to the report. It notes that the report of the inspection in La Planta Industrial Siderúrgica “Aceros del Paraguay S.A. – CEPAR” bears little relation to the application of the Convention. It also notes that, according to the Government’s report, there are no precise statistical data for the period between 1 June 1999 and 31 May 2005. The Committee hopes that the Government will adopt the necessary measures to compile and communicate in its next report indications on the manner in which the Convention is applied in practice, and particularly statistical data on the number and nature of the infringements reported, the number, nature and cause of the accidents occurring, etc.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraphs 1 and 2, Articles 4 and 15. Further to its previous comments, the Committee notes the information that the Government has noted the need to prohibit expressly by laws or regulations or other equally effective measures, the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, and to require the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or their respective agents to ensure compliance with this prohibition. It notes however that contrary to the Government’s statement, section 391 of the Labour Code does not provide for penalties concerning the enforcement of provisions of the Convention covering, in addition to the employer, the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or their agents as required by Articles 4 and 15 of the Convention. The Committee hopes the Government will soon take the necessary measures to prohibit expressly the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards (Article 2, paragraphs 1 and 2), and to provide for penalties to enforce the provisions of the Convention (Article 15).

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraphs 1 and 2, Articles 4 and 15. Further to its previous comments, the Committee notes the information that the Government has noted the need to prohibit expressly by laws or regulations or other equally effective measures, the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, and to require the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or their respective agents to ensure compliance with this prohibition. It notes however that contrary to the Government’s statement, section 391 of the Labour Code does not provide for penalties concerning the enforcement of provisions of the Convention covering, in addition to the employer, the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or their agents as required by Articles 4 and 15 of the Convention. The Committee hopes the Government will soon take the necessary measures to prohibit expressly the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards (Article 2, paragraphs 1 and 2), and to provide for penalties to enforce the provisions of the Convention (Article 15).

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s report and the information and replies to its previous comments on Articles 7 and 14 of the Convention, and on the validity of resolution No. 649/80.

Article 2, paragraphs 1 and 2, Articles 4 and 15. Further to its previous comments, the Committee notes the information that the Government has noted the need to prohibit expressly by laws or regulations or other equally effective measures, the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, and to require the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or their respective agents to ensure compliance with this prohibition. It notes however that contrary to the Government’s statement, section 391 of the Labour Code does not provide for penalties concerning the enforcement of provisions of the Convention covering, in addition to the employer, the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or their agents as required by Articles 4 and 15 of the Convention. The Committee hopes the Government will soon take the necessary measures to prohibit expressly the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards (Article 2, paragraphs 1 and 2), and to provide for penalties to enforce the provisions of the Convention (Article 15).

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The Committee notes the Government’s report and the information and replies to its previous comments on Articles 7 and 14 of the Convention, and on the validity of resolution No. 649/80.

Article 2, paragraphs 1 and 2, Articles 4 and 15. Further to its previous comments, the Committee notes the information that the Government has noted the need to prohibit expressly by laws or regulations or other equally effective measures, the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, and to require the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or their respective agents to ensure compliance with this prohibition. It notes however that contrary to the Government’s statement, section 391 of the Labour Code does not provide for penalties concerning the enforcement of provisions of the Convention covering, in addition to the employer, the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or their agents as required by Articles 4 and 15 of the Convention. The Committee hopes the Government will soon take the necessary measures to prohibit expressly the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards (Article 2, paragraphs 1 and 2), and to provide for penalties to enforce the provisions of the Convention (Article 15).

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The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 2, paragraphs 1 and 2, Articles 4 and 15 of the Convention. With regard to the comments it has been making for many years, the Committee draws the Government's attention to the need to prohibit expressly, by national laws or regulations or other equally effective measures, the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, and to require the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or their respective agents to ensure compliance with this prohibition. The Committee also pointed out that penalties were necessary in order to enforce the prohibition.

In its replies to the Committee's comments, the Government indicates yet again that the provisions of the Labour Code and of resolution No. 649/80 give effect to the above-mentioned provisions of the Convention but that the Committee's comments will be taken into account to ensure better application of the Convention. The Committee asks the Government to take the necessary steps to prohibit expressly the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards (Article 2, paragraphs 1 and 2); to establish the persons responsible for ensuring compliance with the prohibition (Article 4); and to establish the penalties to enforce the provisions of the Convention (Article 15).

2. Articles 7 and 14. The Committee notes section 391 of the Labour Code which provides for penalties for an employer who fails to comply with the provisions of the Code and the technical regulations to eliminate risks in the use of machinery. The Committee asks the Government to indicate the measures taken or envisaged to establish, in accordance with Article 14 of the Convention, the liability of the employer's agent.

3. The Committee notes that section 282 of the new Labour Code, adopted in 1993, provides that the Administrative Authority shall issue the regulations of Title V (on occupational safety, health and well-being), after consulting the most representative organizations of workers and employers. Since resolution No. 649/80 (regulating the safety of machinery), adopted under the former Code, contains provisions giving effect to certain provisions of the Convention, the Committee asks the Government to provide information on the validity of resolution No. 649/80.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Article 2, paragraphs 1 and 2, Articles 4 and 15 of the Convention. With regard to the comments it has been making for many years, the Committee draws the Government's attention to the need to prohibit expressly, by national laws or regulations or other equally effective measures, the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, and to require the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or their respective agents to ensure compliance with this prohibition. The Committee also pointed out that penalties were necessary in order to enforce the prohibition.

In its replies to the Committee's comments, the Government indicates yet again that the provisions of the Labour Code and of resolution No. 649/80 give effect to the above-mentioned provisions of the Convention but that the Committee's comments will be taken into account to ensure better application of the Convention. The Committee asks the Government to take the necessary steps to prohibit expressly the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards (Article 2, paragraphs 1 and 2); to establish the persons responsible for ensuring compliance with the prohibition (Article 4); and to establish the penalties to enforce the provisions of the Convention (Article 15).

2. Articles 7 and 14. The Committee notes section 391 of the Labour Code which provides for penalties for an employer who fails to comply with the provisions of the Code and the technical regulations to eliminate risks in the use of machinery. The Committee asks the Government to indicate the measures taken or envisaged to establish, in accordance with Article 14 of the Convention, the liability of the employer's agent.

3. The Committee notes that section 282 of the new Labour Code, adopted in 1993, provides that the Administrative Authority shall issue the regulations of Title V (on occupational safety, health and well-being), after consulting the most representative organizations of workers and employers. Since resolution No. 649/80 (regulating the safety of machinery), adopted under the former Code, contains provisions giving effect to certain provisions of the Convention, the Committee asks the Government to provide information on the validity of resolution No. 649/80.

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The Committee notes the Government's report received at the ILO on 29 March 1993.

1. Article 2, paragraphs 1 and 2, Articles 4 and 15 of the Convention. With regard to the comments it has been making for many years, the Committee draws the Government's attention to the need to prohibit expressly, by national laws or regulations or other equally effective measures, the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, and to require the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or their respective agents to ensure compliance with this prohibition. The Committee also pointed out that penalties were necessary in order to enforce the prohibition.

In its replies to the Committee's comments, the Government indicates yet again that the provisions of the Labour Code and of resolution No. 649/80 give effect to the above-mentioned provisions of the Convention but that the Committee's comments will be taken into account to ensure better application of the Convention. The Committee asks the Government to take the necessary steps to prohibit expressly the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards (Article 2, paragraphs 1 and 2); to establish the persons responsible for ensuring compliance with the prohibition (Article 4); and to establish the penalties to enforce the provisions of the Convention (Article 15).

2. Articles 7 and 14. The Committee notes section 391 of the Labour Code which provides for penalties for an employer who fails to comply with the provisions of the Code and the technical regulations to eliminate risks in the use of machinery. The Committee asks the Government to indicate the measures taken or envisaged to establish, in accordance with Article 14 of the Convention, the liability of the employer's agent.

3. The Committee notes that section 282 of the new Labour Code, adopted in 1993, provides that the Administrative Authority shall issue the regulations of Title V (on occupational safety, health and well-being), after consulting the most representative organizations of workers and employers. Since resolution No. 649/80 (regulating the safety of machinery), adopted under the former Code, contains provisions giving effect to certain provisions of the Convention, the Committee asks the Government to provide information on the validity of resolution No. 649/80.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request, which read as follows:

Article 2, paragraphs 1 and 2, and Articles 4 and 15, of the Convention. In reply to the Committee's previous comments, the Government has indicated that it will take these into consideration to ensure better application of the Convention. The Committee asks the Government to indicate in its next report the measures taken or envisaged to ensure that, among the persons responsible for ensuring the guarding of machinery, should be included those who sell, rent, transfer in any other manner or exhibit such machines, and that penal sanctions should be foreseen in case of infraction.

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Article 2, paragraphs 1 and 2, and Articles 4 and 15, of the Convention. In reply to the Committee's previous comments, the Government indicates that it will take these into consideration to ensure better application of the Convention. The Committee asks the Government to indicate in its next report the measures taken or envisaged to ensure that, among the persons responsible for ensuring the guarding of machinery, should be included those who sell, rent, transfer in any other manner or exhibit such machines, and that penal sanctions should be foreseen in case of infraction.

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