Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Guarding of Machinery Convention, 1963 (No. 119) - Guinea (Ratification: 1966)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Further to its previous comments, the Committee notes from the Government’s report that Decree No. 5253 GTLS-AOF of 19 July 1954 has not been in force for a long time, but that old colonial texts, including Decree No. 5253, like ILO Recommendations, are taken into account in the drafting of the Labour Code implementing regulations that are in progress. Given the Committee’s previous comments, in which it had pointed out that Decree No. 5253 had given effect to several provisions of the Convention, the Committee hopes that the draft Labour Code implementing regulations that are in preparation, will take up the relevant provisions of Decree No. 5253, and thus ensure the full application of the provisions of the Convention.

2. Article 11 of the Convention. The Committee notes the Government’s reply to its previous comments indicating that it has taken due note that section 170 of the Labour Code seems to permit employers to authorize or to order workers to remove safety devices, contrary to Article 11 of the Convention. It also notes the Government’s statement that such authorization is only based on prior measures taken by the employer to avoid all exposure to occupational risks, and that in any event it is the responsibility of the employer to promote best safety conditions at workplaces periodically visited by the labour inspectorate. The Committee would nonetheless request the Government to consider including in the draft Labour Code implementing regulations that are in preparation, a specific provision prohibiting such authorization or order to remove safety devices, as required by this Article of the Convention.