Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Guarding of Machinery Convention, 1963 (No. 119) - Poland (Ratification: 1977)

Legislation. The Committee notes from the Government’s report and the attached regulation, that the Minister of Economy issued the Regulation of 13 June 2011 amending the Regulation of the Minister of Economy on the basic requirements for machines (Dz.U. No. 124, item 701) implementing into Polish law Directive 2009/127/EC of the European Parliament and of the Council with regard to machinery for pesticide application. The Committee requests the Government to continue to provide information on legislative measures undertaken with regards to the application of the Convention.

Article 15 of the Convention. Inspection. The Committee notes from the information in the Government’s report that the National Labour Inspectorate runs audits with respect to safety and health protection at the time of the operation of machines and acts as the market supervisors auditing the products. The Committee notes the number of machines and technical devices of different categories, selected on the basis of risks related to their operation, assessed by the National Labour Inspectorate between 2009 and 2013 and the high proportion of which were non-conforming, failing to comply with fundamental requirements. The Committee notes that the disclosed inconsistencies were cases of structural and equipment defects leading to a failure to keep the required safety distance, improper selection of protective devices on the machinery and lack of information and warnings affecting safety and maintenance. The Committee further notes the Government’s statement that the vast majority of inconsistences were corrected voluntarily by the responsible entities further to receiving information about the confirmed non-conformities by the National Labour Inspectorate. The Committee requests the Government to provide information on the appropriate penalties provided to ensure the effective enforcement of the Convention. It also asks the Government to continue to provide information on the number of inspections undertaken and the number and nature of the contraventions reported as a result of these inspections.