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

The Committee notes the information provided by the Government in its latest report, including responses indicating further effect given to Article 10 of the Convention.

Article 1. 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. 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 latest report, the Government again refers to ongoing legislative changes intended to give effect to these Articles of the Convention. The Committee reiterates its hope that the legislative changes referred to will soon be completed; and 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.

Article 2, paragraphs 1 and 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 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. Noting that the legislative provisions referred to are too general to give effect to paragraphs 1 and 2 of this Article, the Committee reiterates its request that the Government provide additional information on legislative measures taken to give effect to these provisions.

Article 2, paragraphs 3 and 4. Prescriptions regarding the design of machinery. With respect to the application of paragraphs 3 and 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 again 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 reiterates its request that the Government provide additional information on legislative measures taken to give effect to the provisions in paragraphs 3 and 4 of this Article and to submit a copy of the System of Standards for Occupational Safety and Health.

The Committee also notes that the Government has not provided any supplementary information, as requested in the Committee’s previous comments, on measures taken to give effect to the following provisions of the Convention:

–      Article 11(1) – measures to prohibit a worker from using, or being required to use machinery without the guards provided being in position;

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

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

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from official reports with statistics disaggregated by gender if available, on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and causes of the accidents reported, etc., and information on any practical difficulties in the application of the Convention.