Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Guarding of Machinery Convention, 1963 (No. 119) - Jordan (Ratification: 1964)

Article 4 of the Convention. Obligation of the vendor, the person letting out on hire or transferring the machinery in any other manner or the exhibitor. With reference to its previous comments, the Committee notes the Government’s response that such obligations are not provided for directly by the Labour Code, but can be addressed through legislation of other bodies and joint committees with relevant monitoring bodies in which the Ministry of Labour participates. The Committee notes that the information provided does not appear to address the issue raised in its previous comments, namely that the obligation to apply the provisions of Article 2 of the Convention shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor. The Committee would like to refer the Government to paragraph 165 of its General Survey of 1987 on safety in the working environment, whereby the Committee pointed out that a “general prohibition in the legislation on the sale, etc. of dangerous machinery is not sufficient if it is not accompanied by a provision placing the obligation to ensure compliance with these measures on the vendor and other persons carrying out such acts”. In light of the above comments, the Committee once again requests the Government to indicate the specific provisions in national legislation that give effect to Article 4 of the Convention.

Part V of the report form. Application in practice. The Committee notes the introduction of a national week on occupational safety and health in 2004 and the agreement to hold it every year. The Committee further notes the recent statistical information provided by the Government highlighting the achievements, the gradual increase in the number of inspectors and that 48,640 inspections were undertaken in 2009, in which 223 violations of occupational safety and health were reported. The Committee also notes that, while there has been an increase in the number of inspectors since 2008, there has been a decrease in the number of inspectoral visits since 2007. The Committee requests the Government to provide further information on the nature of the violations and the reason for the decrease in the number of inspectoral visits. The Committee would also request the Government to continue to provide statistical information on the application of the Convention in practice.