Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided in the Government’s report in response to its previous comments and would appreciate receiving additional information concerning the following points.

2. Article 2, paragraphs 1 and 2, of the Convention. Prohibition of the sale, the hiring, the transfer to any other title and the exposure of machines whose dangerous elements are deprived of safety devices. The Committee notes the information according to which the prohibition in Article 2, paragraphs 1 and 2, of the Convention will be provided for in two ordinances which will be adopted in order to harmonize the national legislation with European Directive No. 98/37 concerning the harmonization of the legislations of the member States concerning machines, as well as Directive No. 89/655/EEC on the minimum safety and health requirements for the use of work equipment by workers at work. The Committee requests the Government to keep it informed of any developments in this area and to communicate to it copies of the relevant texts as soon as they have been adopted.

3. Article 11, paragraph 1. Prohibition to use a machine without the safety devices being in place. The Committee notes the information according to which there is no specific prohibition against using a machine without the required safety devices. It also notes that, according to article 79, paragraph 2, of the Act of 1996, workers have the right to refuse to achieve a task if it involves an imminent danger to their life or their health because of the non-observance of the regulations relating to safety and health. The Committee recalls that Article 11, paragraph 1, of the Convention expressly prohibits the use of machines without safety devices and prohibits requiring workers to use machines without prescribed safety devices. The Committee requests the Government to indicate measures taken or envisaged to ensure that this Article of the Convention is fully applied.

4. Article 17. Declaration for a restricted application of the Convention. The Committee notes the Government’s statement that members of the armed forces and the police have been excluded from the scope of application of the safety and health at work regulations in so far as certain specific activities are concerned, such as combat operations and armed conflicts, while they are covered by all other potentially harmful risks and exposures in their work. The Committee draws the attention of the Government to the fact that a declaration limiting the applicability of the Convention is admissible only at the time of ratification and cannot be made later on. Consequently, the Committee requests the Government to take the necessary measures in order to ensure that all the categories of workers are covered by relevant legislation.