Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the information communicated by the Government concerning the adoption and entry into force of the Labour Code. It also notes with satisfaction that sections 1 and 289(2) of the new Labour Code give effect respectively to the provisions of Articles 11 (Prohibition on using machinery without guards) and 17 (Application of the Convention to all branches of economic activity) of the Convention, which had been the subject of comments by the Committee for many years.

Article 2(2). Prohibition of transfer in any other manner and exhibition of machinery without guards. The Committee notes that, under section 283 of the Labour Code, it is prohibited to purchase or hire machinery or parts which are dangerous and which are not equipped with guards of recognized effectiveness. The Committee recalls that this provision of the Convention also prohibits the transfer in any other manner or the exhibition of machinery of which the dangerous parts are without appropriate guards. The Committee also recalls that section 26 of the 1947 Labour Code gave effect to this provision of the Convention. In view of the fact that the new Labour Code repeals that of 1947, the Committee would be grateful if the Government would indicate what measures have been taken to give effect to this provision of the Convention.

Article 4. Obligation on the vendor, person letting out on hire or transferring the machinery in any other manner, or the exhibitor. The Committee requests the Government to indicate what measures have been taken to give effect to this provision of the Convention which states that the obligation to ensure compliance with the provisions of Article 2 of the Convention shall rest on the vendor, hirer, manufacturer, person transferring the machinery in any other manner, or the exhibitor and, where appropriate under national laws, on their respective agents.

Part V of the report form. The Committee notes that, according to the Government’s report, the difficulties arising from technical and technological changes may constitute a major obstacle to the supervisory task entrusted to labour inspection officers in this field, and that the Department of Employment is organizing training courses in the context of international cooperation, for labour inspectors and medical inspectors of labour, in order to overcome this type of difficulty. The Committee requests the Government to provide information in this regard in its next report.