Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Guarding of Machinery Convention, 1963 (No. 119) - North Macedonia (Ratification: 1991)

Legislation. The Committee notes the information contained in the Government’s first report and the attached legislation, including the Law on occupational safety and health (Official Gazette of the Republic of Macedonia No. 92/07), the Law on product safety (Official Gazette of the Republic of Macedonia No. 33/2006 and 63/2007) and the Rulebook on Machinery Safety (Official Gazette of the Republic of Macedonia No. 123/2009). The Committee also notes the responses provided by the Government indicating effect given to Articles 1(1) and (2), 2, 10 and 15 of the Convention.

Article 1(3) of the Convention. Application of the provisions of the Convention to road and rail vehicles and to mobile agricultural machinery. The Committee notes that the provisions contained in the Rulebook on Machinery Safety do not apply to agricultural and forestry machinery and to motor vehicles and their trailers, with the exception of machinery mounted on these vehicles. The Committee recalls that, according to Article 1(3), the provisions of this Convention apply to road and rail vehicles during locomotion in relation to the safety of the operator, and to mobile agricultural machinery in relation to the safety of workers employed in connection with such machinery. The Committee requests the Government to provide further information on measures taken to ensure an effective application of this provision of the Convention.

Article 2. Dangerous parts of machinery requiring guards. The Committee notes the lists of dangerous parts and categories of machinery contained in Annex IV of the Rulebook on Machinery Safety and the basic requirements for safety and health in connection with the design and manufacture of machinery contained in Annex I of the abovementioned Rulebook. Against this background, the Committee wishes to refer to its 1987 General Survey on safety in the working environment, paragraphs 82 et seq., in which it indicates that “it is essential for the effective application of Part II of the Convention that the national legislation designate those parts of machinery that present a danger and require appropriate guarding”, and that the initial definition of dangerous machinery and parts thereof, should as a minimum cover those parts enumerated in Article 2(3) and (4) of the Convention. The Committee notes that the enumeration of dangerous parts contained in the Rulebook on Machinery Safety does not include all the parts explicitly enumerated in Article 2 of the Convention. The Committee requests the Government to take all appropriate measures to include the list of dangerous parts of machinery as contained in Article 2(3) and (4) of the Convention, in relevant laws and regulations.

Article 3(3). Sale or transfer of machinery for storage, scrapping or reconditioning. The Committee notes that the Government’s report does not contain any reference with regard to the sale or transfer of machinery for storage, scrapping or reconditioning in conformity with accepted standards of safety. The Committee requests the Government to supply information on measures taken to ensure effective application of this provision of the Convention.

Article 10. Measures establishing the employers’ obligation to bring relevant national legislation to the notice of workers and workers’ instructions. The Committee notes the information supplied by the Government in its report and that section 14 of the Law on occupational safety and health prescribes that the employer shall provide signs indicating danger and instruction for the safe use of the equipment, in accordance with a special regulation. The Committee requests the Government to provide further information on the special regulation mentioned above.

Article 12. Measures ensuring that workers’ rights under national social security or social insurance legislation are not affected. Article 14. Measures ensuring that the term “employer” includes a prescribed agent of the employer. The Committee notes that no information has been provided in the Government’s report with reference to the application of Articles 12 and 14 of the Convention. The Committee requests the Government to submit further information as to whether and in what way effect has been given, or is envisaged to be given, to these provisions of the Convention.

Part III of the report form. Article 15. Appropriate inspection services. Authority entrusted with the application of the Convention and methods of supervisions and enforcement. The Committee notes that, according to the Government’s report, an appropriate inspection service is ensured for occupational safety and health matters by the State Labour Inspectorate and for product safety by the State Market Inspectorate and the State Sanitary and Health Inspectorate. The Committee also notes the Government indicates that the authority responsible for the application of the Convention, the Ministry of the Economy, which also has to supervise the State Market Inspectorate. The Committee asks the Government to clarify whether the authority in charge of the supervision and enforcement of the Convention is the State Labour Inspectorate or the State Market Inspectorate, together with the State Sanitary and Health Inspectorate. In addition, the Committee requests the Government to provide more detailed information on the way in which supervision and enforcement are practically conducted in relation to guarding of machinery.

Article 16. Measures ensuring the consultation with the most representative organizations of employers and workers. Noting that no information has been supplied in the Government report, the Committee requests the Government to provide details on the manner in which consultations take place with the most representative organizations of employers and workers concerning the measures taken to give effect to the Convention.

Part V of the report form. Application in practice. The Committee notes the absence of information on the application in practice of the Convention. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports and information on any practical difficulties in the application of the Convention.