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

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(3) of the Convention. Application of the provisions of the Convention to road and rail vehicles and to mobile agricultural machinery. With reference to its previous comments, the Committee notes the information in the Government’s report that road vehicles and agricultural and forestry tractors are regulated by the Law on Vehicles (Official Gazette of Republic of Macedonia No. 140/08, 53/11, 123/12, 70/13 and 164/13) and that the State Agricultural Inspectorate or the State Forestry Inspectorate have jurisdiction over the agricultural and forestry tractors that are used in agricultural or forestry works. The Committee also notes that the vehicles undergo maintenance and are subject to safety regulations. However, the Committee observes that the Government’s report does not contain any information with regard to measures taken to ensure the effective application of this provision of the Convention 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 therefore once again requests the Government to provide further information on the measures taken to ensure the effective application of this provision of the Convention.

Articles 2 and 4. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. The Committee previously noted 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 this Rulebook. It noted that the enumeration of dangerous parts contained in the Rulebook on Machinery Safety did not include all the parts explicitly enumerated in Article 2 of the Convention. The Committee notes the information in the Government’s current report that a list of safety components is drafted in Annex V of the Rulebook on Machinery Safety and that it is necessary for the dangerous parts and the machines to comply with the standards in the List of Standards (Official Gazette of Republic of Macedonia No. 143/12) to ensure that the product is safe. However, the Committee notes that there is no indication in the Government’s report of legislation or other equally effective measures prohibiting the sale and hire of machinery of which the dangerous parts, specified in Article 2(3) and (4), are without appropriate guards. In this regard, the Committee wishes to draw the Government’s attention to the objective of Article 2 of the Convention, which is to guarantee that machines are safe before they reach the user, whereas the abovementioned legislation refers to general safety provisions concerning the guarding of machinery once it is in use. The Committee requests the Government to ensure that the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards must be prohibited by national laws or regulations or prevented by other equally effective measures and to provide information in this respect. It therefore 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 the relevant laws and regulations.

Article 3(3). Sale or transfer of machinery for storage, scrapping or reconditioning. The Committee notes the information in the Government’s report that if the machines do not comply with the provisions of the Rulebook on Machinery Safety, the state labour inspectorate takes appropriate measures for limiting or prohibiting those machines to be placed on the market in accordance with section 18 of the Rulebook on Machinery Safety or it guarantees that the machines are withdrawn from the market, in accordance with section 36 of the Law on Product Safety. The Committee notes that section 18 of the Rulebook on Machinery Safety refers to the marking and labelling of machinery and that section 36 of the Law on Product Safety refers to powers of the inspection authorities during an inspection. The Committee therefore notes that neither of the provisions refers to the sale or transfer of machinery for storage, scrapping or reconditioning. The Committee requests the Government to provide information on measures taken or envisaged to give effect to Article 3 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 previously noted that section 14 of the Law on Occupational Safety and Health prescribes that the employer shall provide signs of danger and instruction for safe use on the working equipment and means of work, in accordance with a special regulation. The Committee notes from the Government’s current report that in accordance with Annex VII of the Rulebook on Machinery Safety, the manufacturer of machines is obliged to provide a Technical File before placing the machines on the market, which includes comprehensive information, including a copy of the guidelines for operating the machines, descriptions and explanations needed for the handling of the machines, risk assessment documentation which show the list of essential requirements applicable, and a description of precautions for eliminating the identified dangers or reducing the risks, and if applicable, other risks related to the machines. The Committee once again requests the Government to provide further information on the special regulation mentioned in section 14 of the Law on Occupational Safety and Health. It also requests the Government to indicate how employers give notice to workers and instruct them regarding the dangers arising, and the precautions to be observed, in the use of machinery and establish and maintain environmental conditions so as not to endanger workers covered by the Convention.

Articles 12 and 14. Measures ensuring that workers’ rights under national social security or social insurance legislation are not affected and measures ensuring that the term employer includes a prescribed agent of the employer. The Committee notes the information in the Government’s report that the operation of machines by workers does not influence their social security rights which arise from the employment contract or when regulated by the Law on Working Relations, and that the working position itself is irrelevant for the realization of the right to social insurance. The Committee also notes that an employer can be a legal entity, a natural person or a person authorized by the employer to perform operations on its behalf. The Committee requests the Government to indicate the specific provisions of the national legislation which give effect to the Articles 12 and 14 of the Convention and to submit a copy these provisions along with its next report.

Application of the Convention in practice. The Committee requests the Government to give an appreciation of the manner in which this Convention is applied in the country, including, for example, extracts from inspection reports and information on any practical difficulties in the application of this Convention.