Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 2 June 2015, to the effect that the number of accidents notified to the National Social Security Fund (CNAPS) is very low, owing to the fact that monitoring of the application of the Convention is not undertaken officially or at regular intervals, and that there should be an official report for this kind of notification. The Committee requests the Government to send its comments on this matter.

Legislation. The Committee notes the concise information supplied by the Government in reply to its previous comments, in which it expressed the hope that the adoption of implementing regulations for the Occupational Safety and Health Code would enable effect to be given to Articles 2 and 4 of the Convention. It notes the Government’s indication that Order No. 889 of 20 May 1960 establishing general occupational safety and health measures remains in force but that it intends to revise it in order to take account of the current context, including the protection of machinery, and that the participation of a number of entities and qualified persons will be necessary for the revision process. It also notes that section 120 of the Labour Code of 2004 provides that work installations and materials are subject to compulsory safety standards and must undergo systematic inspection, maintenance and checking in order to prevent the risk of accidents. Furthermore, the Committee notes the Government’s indication that the labour inspectorate is intensifying controls on machines imported into the country. The Committee requests the Government to take the necessary steps to ensure the revision of Order No. 889, particularly with a view to giving effect to the Convention, and to provide information on all progress made in this respect. It also requests the Government to provide information on the measures taken in the meantime to ensure the application of Articles 2 and 4 of the Convention, prohibiting the vendor, the person letting out on hire or transferring the machinery in any other manner, the exhibitor or the manufacturer, to sell, let out on hire, transfer in any other manner or exhibit machinery of which the dangerous parts specified in Article 2(3) and (4) are without appropriate guards.

Application in practice. The Committee requests the Government to provide an appreciation of the manner in which the Convention is applied in practice, including, for example, extracts from inspection reports and, where such statistics exist, details of the number of accidents recorded in relation to the Convention, the number and nature of infringements reported, etc.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.