Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information provided by the Government in its first report.

2. Article 1 of the Convention. Measures to consider as machinery all power-driven new or second-hand machines; Article 3. Non-application of the prohibition established in Article 2 because of construction or installation of machinery ensuring their safe use; Article 4. Establishment of the obligation of the vendor, the person setting out on hire or transferring the machinery in any other manner, or the exhibitor; Article 6. Prohibition by national legislation of the use of machinery any dangerous part of which is without appropriate guards; and Article 8. Non-application of the prohibition established in Article 6 because of construction or installation of machinery ensuring its safe use. The Committee notes that in its report the Government refers to ongoing legislative changes intended to give effect to these Articles of the Convention. The Committee hopes that the legislative changes referred to will soon be completed, requests the Government to keep the Committee informed of any progress in this respect and to transmit copies of relevant legislation as soon as they have been adopted.

3. Article 2, paragraphs 1–2. Prohibition of the sale and hire, transfer or exhibition of machinery without appropriate guards. The Committee notes that with respect to the application of this Article, the Government refers to general requirements in Act No. 749 of 23 February 1996 concerning domestic trade and the prohibition for any commercial body to buy or sell goods that could endanger the life or health of users. Noting that the legislative provisions referred are too general to give effect to paragraphs 1 and 2 of this Article, the Committee requests the Government to provide additional information on legislative measures taken to give effect to these provisions.

4. Article 2, paragraphs 3–4. Prescriptions regarding the design of machinery. With respect to the application of paragraphs 3–4 of this Article, the Government again refers to general requirements in Act No. 749 of 23 February 1996 concerning domestic trade and the prohibition for any commercial body to buy or sell goods that could endanger the life or health of users. Reference is also made to provisions in the System of Standards for Occupational Safety and Health but this text is not available to the Committee and its legislative status is unclear. Noting that the provisions referred to in Act No. 749 of 23 February 1996 are too general to give effect to these paragraphs, and that the System of Standards for Occupational Safety and Health is not available, the Committee requests the Government to provide additional information on legislative measures taken to give effect to the provisions in paragraphs 3–4 of this Article and to submit a copy of the System of Standards for Occupational Safety and Health.

5. The Committee requests the Government to provide supplementary information on measures taken, including adopting relevant legislation, to give effect to the following provisions of the Convention:

–      Article 10 – measures establishing the employers’ obligation to bring relevant national legislation to the notice of workers;

–      Article 11 – measures to prohibit the use of machinery without the guards provided being in position or to make guards inoperative;

–      Article 13 – application of measures taken to apply the Convention to self-employed workers;

–      Article 14 – whether the term “employer,” also includes a prescribed agent of the employer as provided in this Article.