Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Guarding of Machinery Convention, 1963 (No. 119) - Slovenia (Ratification: 1992)

1. The Committee notes the information contained in the Government’s reports and the attached legislation, including the Health and Safety at Work Act (Official Gazette (OG) No. 56/99 and 64/01), the Order on Machinery Safety (Official Gazette No. 52/00 and 57/00) and the Rules on Health and Safety Requirements for the Use of Work Equipment (OG No. 89/99 and No.101/04).

2. As further detailed below, the Committee notes that the relevant legislation does not seem to contain provisions giving effect or full effect to some of the provisions of the Convention. The Government is requested to submit further information and clarifications as to whether and in what way effect has been given, or is envisaged to be given, to the following provisions of the Convention:

–      Article 2. Provisions of national laws or regulations, or prevention by other equally effective measures, prohibiting the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards;

–      Article 4. Measures ensuring compliance by the vendor, the person letting out on hire or transferring the machinery in any other manner, as well as the exhibitor with the provisions of Article 2;

–      Article 6. Provisions of national laws or regulations prohibiting the use of machinery, any dangerous part of which, including the point of operation, is without appropriate guards;

–      Article 7. Provisions establishing the Employer’s obligation to ensure compliance with the provisions of Article 6;

–      Article 10. Provisions providing for the Employer’s obligation to take steps to bring national laws or regulations relating to the guarding of machinery to the notice of workers and to instruct them;

–      Article 11. Measures ensuring that workers are not allowed to use and are not required to use any machinery without the guards provided being in position;

–      Article 12. Measures ensuring that workers’ rights under national social security or social insurance legislation are not affected;

–      Article 13. Measures ensuring the application to self-employed workers of the provisions relating to the obligations of employers and workers; and

–      Article 16. Measures ensuring the consultation with the most representative organizations of employers and workers concerned made during the preparation of national laws or regulations, giving effect to the provisions of this Convention.

3. Part V of the report form. Practical application of the Convention. The Committee asks the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention.