Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the information supplied by the Government in reply to its previous comments. It wishes to draw the Government's attention to the following points:

Article 2, paragraph 1, and Article 4 of the Convention. The Government states that sections 3 and 6 of Ministerial Decision No. 56 of 1982 obliges the employer to provide workers with the appropriate guards. The Committee points out that section 3 of the above Decision only applies to road vehicles and to mobile agricultural machinery, whereas Article 2, paragraph 1, prohibits the sale and hire of any machinery, whether new or second hand, of which the dangerous parts are without appropriate guards, irrespective of the sector of economic activity in which the machinery is used, and that under the terms of Article 4, the obligation to ensure compliance with this prohibition rests on the vendor and the person letting out on hire this machinery. The Committee hopes that the next report will indicate the measures that have been taken or are envisaged to give full effect to these provisions.

Article 16. The Government states that ministerial decisions and orders are based on the interests of the workers and the employers. The Committee points out that under the above Article, national laws or regulations giving effect to the provisions of the Convention shall be made by the competent authority after consultation with the most representative organisations of employers and workers concerned. It hopes that in future the Government will ensure the consultation provided for by this Article when formulating relevant ministerial decisions and orders.