Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee notes the information that no legislative changes have yet been undertaken but that a new Labour Code is being prepared, and that section 231.3 of this Labour Code will resolve the question raised by the Committee previously. The Committee is required to recall that since 1998 it has been asking the Government to make every effort to take the necessary action in the near future to ensure full compliance with the Convention. The Committee requests the Government to submit a copy of all relevant legislation to the Office once it has been adopted. In the meantime the Committee must repeat its previous comment which read as follows.

Repetition

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.