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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 119 (guarding of machinery), 120 (hygiene – commerce and offices) and 127 (maximum weight) in the same comment.

The Committee notes the observations of the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE) and of the General Confederation of Workers’ Unions of Madagascar (FISEMA) on Conventions Nos 13, 119, 120 and 127, received on 1 September 2022. The Committee also notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), sent with the Government’s report on Conventions Nos 13 and 127.

A.Protection against specific risks

1.White Lead (Painting) Convention, 1921 (No. 13)

Legislation. The Committee notes the Government’s reply to the previous observations of SEKRIMA concerning the deficiencies of the legal texts governing painting work. The Government indicates that a draft order updating the list of occupational diseases is in the process of being signed. The Committee requests the Government to send a copy of the text in question once it has been adopted and to indicate how it gives effect to the provisions of the Convention.

Articles 1 and 5(I) and (II). Obligation to regulate the use of white lead, sulphate of lead and of all products containing these pigments, in operations for which their use is not prohibited. The Committee notes the Government’s reply to the previous observations of SEKRIMA, which referred to the inadequacy of the means for reducing emissions of volatile organic compounds (VOCs). The Government indicates that VOC emissions are particularly observed in small and medium-sized enterprises (SMEs) and indicates that measures have been taken in this regard, particularly: (i) the inclusion of a heading on waste management in the environment section of the enterprise inspection framework; (ii) the organization of an event by the Standards Office of Madagascar, in collaboration with the occupational medical services (SMT), on the occasion of the International Lead Poisoning Prevention Week; and (iii) the organization of a number of workshops under the auspices of the Ministry of Trade and Competition, in collaboration with the Standards Office, the commercial entities in the sector and the medical services, with the aim of calibrating and standardizing paint products, including the imposition of limits on their lead content. The Committee also notes that FISEMARE refers to the absence of a preliminary study on the impact of the use of paint and states that problems resulting from the use of paint should be specified and that a text should be published indicating the measures to be taken for the protection of workers. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to continue providing information on the measures taken in the context of the aim of standardizing paint products, including the imposition of limits on their lead content.

Article 5(III) and (IV). Medical examination. Instructions. The Committee notes the Government’s reply to the previous observations of SEKRIMA concerning the medical monitoring of workers. The Government indicates that: (i) as “exposed” employees, workers employed in painting work receive medical monitoring from the SMT provided they are affiliated but it is increasingly rare for enterprises in the painting sector to be affiliated to the SMT; (ii) technical difficulties exist with regard to medical visits and the control of waste management, and the scope of investigation is limited because there is no industrial toxicology reference laboratory. The Committee also notes that the Inter-Enterprise Medical Association of Antananarivo (AMIT), which has two painting enterprises among its members, prescribes recommendations to employers, particularly with regard to: the use of products with a low or non-existent VOC content; the labelling and marking of hazardous products; the display of safety data sheets; the installation of signs for the indication of risks; the training of workers in safety measures; the increase of natural ventilation, and the installation of fans and air extractors; the fitting out of premises; and the provision of appropriate personal protective equipment. While duly noting this information, the Committee requests the Government to indicate the measures taken to ensure that actual and suspected cases of lead poisoning are notified and subsequently verified by a doctor appointed by the competent authority.

Article 7. Statistical information. Application in practice. Further to its previous comment, the Committee notes the Government’s indication that the regulations relating to the employer’s obligation to notify occupational diseases are the same for all occupational diseases, including lead poisoning, in accordance with section 170(2) of the Social Insurance Code. In this regard, the Government indicates that no notifications of cases of suspected lead poisoning have been received by the National Social Insurance Fund (CNaPS) in the last five years and that the quarterly reports sent to the Ministry of Labour by the Inter-Enterprise Health Organization of Antananarivo (OSTIE) and AMIT do not mention any cases of lead poisoning. The Committee notes the observations of SEKRIMA stating that: (i) the data assembled in the Government’s report do not reflect the national situation since they are mainly concerned with SMEs in Antananarivo and SMEs in the regions which have not made any statement or have not been consulted; and (ii) the re-emergence of paint workshops and vendors calls for action by the labour administration and the Ministry of Trade to promote the monitoring and control of the conformity of these products. The Committee requests the Government to provide more detailed information on the application of the Convention in practice, including statistical information on cases of lead poisoning among working painters, indicating in particular rates of morbidity and mortality resulting from lead poisoning, and also on the number of inspections conducted, their outcome and the number of violations reported.

2.Guarding of Machinery Convention, 1963 (No. 119)

Article 10 of the Convention. Information and instruction to be given to workers. The Committee notes the observations of FISEMARE indicating that, in order to minimize the accident rate, it would be useful to publish a text giving notice of the obligation to indicate how machinery is to be used, the risks that may arise during use, and the precautions to be taken. In this regard, the Committee notes that, under section 111 of the Labour Code, employers are required to inform and train workers regarding safety and health measures connected with the job to be performed. The Committee requests the Government to send further information on the measures to be taken by employers in order to provide appropriate information for workers on the dangers arising from the use of machinery and the precautions to be taken.

Article 15. Application and enforcement of the provisions of the Convention. The Committee notes the Government’s reply to the previous observations of SEKRIMA stating that the number of accidents notified to the CNaPS is very low, owing to the fact that supervision of the application of the Convention is not carried out officially or periodically, and that there should be an official report for notifications of this type. The Government indicates in reply that the CNaPS, in its annual reports presented to the members of the tripartite administrative council, publishes statistical data on notifications of occupational accidents which have been received and processed. The Government adds that there is no reference value for evaluating the number of accidents notified to the CNaPS other than the statistical data for accidents recorded during the last eight years and communicated in the Government’s report. Moreover, in the context of controls made in enterprises, works doctors and labour inspectors make recommendations to workers and employers to ensure better protection in the use of machinery. In the context of the Vision Zero Fund (VZF) initiative implemented between 2018 and 2021 in conjunction with the ILO’s “Safety + Health for All” programme, capacity-building was undertaken for 311 labour inspectors and controllers in the field of prevention of occupational hazards, including the use of machinery. In addition, 67 occupational physicians, 70 representatives of the Export Processing Enterprises and Partners Group (GEFP) and 93 representatives of the Confederation of Malagasy Workers (CMT) also took part in capacity-building activities. The Committee notes the observations of FISEMARE, which asks whether all accidents are notified. The Committee requests the Government to provide its comments in this respect. It also requests the Government to continue providing information on the manner in which the Convention is applied, providing further details of the number of recorded accidents related to the use of machinery and the number and type of violations recorded.

3.Maximum Weight Convention, 1967 (No. 127)

Application of the Convention in practice. The Committee notes the Government’s reply to the previous observations of SEKRIMA stating that some workers are unaware of the existence of Inter-Ministerial Order No. 50149/2009 of 8 December 2009, fixing the maximum weight for the manual transport of any load by a single male adult worker at 50 kg, and that there is a need to publicize this Order. The Government indicates in reply that: (i) AMIT has carried out awareness-raising activities, comprised 13 sessions at five major enterprises, on the handling of loads in general, including the maximum weight for the manual transport of loads; and (ii) OSTIE has organized awareness-raising sessions for its members on the subjects of ergonomics and load handling, at which appropriate technical means for handling the maximum weight for the manual transport of loads were indicated. The Government points out that the Ministry of Mining and Strategic Resources reiterates the need for boosting the dissemination of information. SEKRIMA, for its part, states in its new observations that SMEs in the regions have not been consulted regarding the data assembled by the Government which are contained in its reply. SEKRIMA also reiterates the need to encourage stakeholders to participate in the awareness-raising campaign and to ensure that the relevant laws and regulations are accessible online. The Committee requests the Government to provide its comments in this respect.

B.Protection in specific branches of activity

1.Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 14 of the Convention. Provision of suitable seats for workers. The Committee notes the Government’s indication that, according to the Directorate for Workers’ Social Security (DDST), workers must be provided with all furniture necessary for their comfort during working hours (under section 115 of the Labour Code of 2004). The Government also indicates that the provision of work equipment such as suitable seats depends on the results of the analysis of risks and jobs, and that works doctors and labour inspectors, during their visits to enterprises, issue recommendations in this respect and ensure compliance with them. The Government further indicates that during visits to enterprises, according to OSTIE, employers endeavour to make suitable equipment available to employees in their offices, but that in shops the number of seats available for workers is seen to be insufficient. While duly noting this information, the Committee requests the Government to indicate the measures taken to ensure that sufficient and suitable seats are made available to workers in shops.

Article 18. Noise and vibrations. The Committee notes the Government’s indication that during visits to enterprises occupational medical services: (i) propose appropriate measures to enterprises which have encountered difficulties by proposing insulation from the source of noise as well as earplugs and ear protectors; (ii) systematically measure noise levels with a sound level meter; and (iii) make recommendations according to the noise levels measured. The Government also indicates that during visits to establishments: (i) priority is often given to individual prevention measures such as providing workers with personal protective equipment against noise to the detriment of collective prevention measures; and (ii) preventive measures against vibrations, particularly the provision of measuring equipment, are often seen to be lacking, since not all inter-enterprise medical services have a device for measuring vibrations. The Government indicates that AMIT plans to acquire such a device in September. The Committee requests the Government to provide information on collective prevention measures which have been adopted, particularly the provision of measuring devices, to ensure that noise and vibrations likely to have a harmful effect on workers are reduced as much as possible.

Application in practice. The Committee notes the observations of FISEMARE indicating that some provisions of the Convention are not always respected, particularly regarding the provision of drinking water for workers or adequate sanitary installations. FISEMARE asserts that the Government should strengthen government controls in this respect and should introduce support measures. The Committee requests the Government to provide its comments in this respect. The Committee once again requests the Government to provide information on the number and type of violations recorded and the penalties imposed in this regard.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 2 and 4 of the Convention. Obligations relating to the hire, transfer and exhibition of machinery. Legislation. Further to its previous comments, the Committee notes with regret the Government’s indication that no steps have been taken to revise Order No. 889 of 20 May 1960 establishing general measures for occupational hygiene and safety and health. In this regard, the Committee recalls that, under Article 4 of the Convention, the obligation to ensure compliance with the provisions of Article 2 shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and, where appropriate under national laws or regulations, on their respective agents. The Committee once again requests the Government to take all necessary measures without delay 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 without appropriate guards. The Committee also requests the Government to take the appropriate steps to include in the applicable legislation the list of dangerous parts of machinery specified in Article 2(3) and (4).

Articles 6 and 11. Prohibition on the use of machinery without appropriate guards. The Committee requests the Government to take measures to: (i) prohibit the use of machinery any dangerous part of which, including the point of operation, is without appropriate guards; (ii) prohibit the use of machinery by any worker without the guards provided being in position and prohibit any worker being required to use machinery without the guards provided being in position.

The Committee is raising other matters in a request addressed directly to the Government.

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

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.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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.

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

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

Repetition

The Committee notes the brief information in the Government’s latest report, indicating the adoption of a new Labour Code Law (No. 2003-044), which includes provisions requiring systems, equipment and construction materials to be subjected to compulsory safety standards, including monitoring, maintenance and systematic checks. The Committee further notes the Government’s intention to revise the safety and health provisions of Order No. 889 of 20 May 1960 to take into account the new Labour Code. The Committee reiterates, as it has done on previous occasions, its sincere hope that the Government will finally adopt the implementing texts which have been announced for a number of years in order to give effect to the provisions of Articles 2 and 4 of the Convention. It hopes that these legislative texts will contain provisions giving effect to Articles 2 and 4 of the Convention, which prohibit the sale, hire, transfer in any other manner or exhibition of machinery of which the dangerous parts specified in Article 2(3) and (4) are without appropriate guards, the obligation to ensure compliance with these prohibitions resting on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or manufacturer who sells, lets out on hire, transfers in any other manner, or exhibits machinery.

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

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the brief information in the Government’s latest report, indicating the adoption of a new Labour Code Law (No. 2003-044), which includes provisions requiring systems, equipment and construction materials to be subjected to compulsory safety standards, including monitoring, maintenance and systematic checks. The Committee further notes the Government’s intention to revise the safety and health provisions of Order No. 889 of 20 May 1960 to take into account the new Labour Code. The Committee reiterates, as it has done on previous occasions, its sincere hope that the Government will finally adopt the implementing texts which have been announced for a number of years in order to give effect to the provisions of Articles 2 and 4 of the Convention. It hopes that these legislative texts will contain provisions giving effect to Articles 2 and 4 of the Convention, which prohibit the sale, hire, transfer in any other manner or exhibition of machinery of which the dangerous parts specified in Article 2, paragraphs 3 and 4, are without appropriate guards, the obligation to ensure compliance with these prohibitions resting on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or manufacturer who sells, lets out on hire, transfers in any other manner, or exhibits machinery.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the brief information provided by the Government in reply to its previous comments. It notes that the Technical Advisory Committee (CTC), established under Order No. 20561 of 2 November 2003, will examine in the near future the texts implementing the new Decree and the application in practice of the provisions of the Convention. The Committee can therefore only express the sincere hope that the Government will finally adopt the implementing texts which have been announced for a number of years in order to give effect to the provisions of Articles 2 and 4 of the Convention. It hopes that these legislative texts will contain provisions giving effect to Articles 2 and 4 of the Convention, which prohibit the sale, hire, transfer in any other manner or exhibition of machinery of which the dangerous parts specified in Article 2, paragraphs 3 and 4, are without appropriate guards, the obligation to ensure compliance with these prohibitions resting on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or manufacturer who sells, lets out on hire, transfers in any other manner or exhibits machinery.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that, according to the Government’s report, the technical advisory committee, the organization and operation of which were established by Decree No. 99-130 of 17 February 1999, will be responsible for the formulation of texts specifically relating to the various branches of activity and will not fail, at the same time, to examine the effect that is given to the provisions of the Convention. The Committee hopes that the above texts will contain provisions giving effect to Articles 2 and 4 of the Convention, which provide that the sale, hire, transfer in any other manner and exhibition of machinery, of which the dangerous parts specified in paragraphs 3 and 4 of Article 2 are without appropriate guards, shall be prohibited, and specifying that the obligation to ensure compliance with these provisions shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, the exhibitor or the manufacturer when he sells the machinery, lets it out on hire, transfers it in any other manner or exhibits it (Article 4).

The Committee hopes that the Government will make every effort to ensure that the above texts are adopted in the very near future and requests the Government to keep it informed in this respect and to provide a copy of the texts once they are adopted.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1.  The Committee notes that, according to the report provided by the Government, the change that has occurred at the level of the Constitution adopted on 15 March 1998 (Constitutional Act No. 98-001 of 8 April 1998) does not modify the general principles of the Constitution of 1992. It also notes that no other changes have occurred in the provisions of the law and regulations that are in force and that the former texts remain in force in so far as the implementing texts of the Labour Code (Act No. 94-029 of 25 August 1995) and the Occupational Safety, Health and the Working Environment Code (Act No. 94-027 of 17 November 1994) have not yet been published.

The Committee also notes the adoption of Decree No. 99-130 of 17 February 1999 respecting the organization and operation of the Advisory Technical Committee on Occupational Safety, Health and the Working Environment, section 10 of which provides that the measures for the application of the Decree are to be, as necessary, determined by order issued by the Minister responsible for labour and social protection. The Committee requests the Government to keep it informed of the measures adopted with a view to the application of the above text.

2.  The Committee therefore notes with regret that the Government’s report does not reply to its previous comments. It recalls that for many years it has been urging the Government to adopt texts implementing the Occupational Safety, Health and the Working Environment Code in order to give effect to Articles 2 and 4 of the Convention, which provide that the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts specified in Article 2, paragraphs (2) and (3),are without appropriate guards must be prohibited, and that the obligation to ensure compliance with these provisions must rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor, as well on the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it.

The Committee once again hopes that the Government will not fail to adopt the above implementing texts and will provide a copy of the adopted texts.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous comments, the Committee expressed the hope that the implementing texts of the Occupational Safety and Health Code which, according to the Government, were being drafted would give effect to the provisions of the Convention, particularly Articles 2 and 4 which provide that the sale, hire, transfer in any other manner and exhibiting of machinery of which the dangerous parts specified in paragraphs 2 and 3 of Article 2 are without appropriate guards must be prohibited, and that the obligation to ensure compliance with these provisions must rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor, as well as on the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it. In the absence of any information from the Government, the Committee once again requests information on any progress made in this respect including a copy of the implementing texts, as soon as they have been adopted.

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

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

In its previous comments, the Committee expressed the hope that the implementing texts of the Occupational Safety and Health Code which, according to the Government, were being drafted would give effect to the provisions of the Convention, particularly Articles 2 and 4 which provide that the sale, hire, transfer in any other manner and exhibiting of machinery of which the dangerous parts specified in paragraphs 2 and 3 of Article 2 are without appropriate guards must be prohibited, and that the obligation to ensure compliance with these provisions must rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor, as well as on the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it.

In the absence of any information from the Government, the Committee once again requests information on any progress made in this respect including a copy of the implementing texts, as soon as they have been adopted.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Articles 2 and 4 of the Convention. In the comments it has been making for a number of years, the Committee observed that Order No. 889 of 20 May 1960 contains, in sections 44 to 58, detailed provisions on the guarding of machinery, but that these provisions are applicable only to the use of the machinery and therefore have a more restricted scope than the provisions of the Convention. This instrument prohibits the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts specified in paragraphs 3 and 4 of the same Article are without appropriate guards. The Committee requested the Government to take the necessary measures to give full effect to the Convention on this point. In its report for 1988-89, the Government stated that sections 55 to 58 of Order No. 889 lie within the terms of the Convention since they prohibit the employer from using machinery on which the dangerous parts are not protected and which have not been formally approved. The Government added that, by extension, the prohibition of the sale, hire or transfer of this machinery may be deduced; however, a draft Order to amend or supplement Order No. 889 of 20 May 1960 was under examination by the Directorate of Labour and the new text will take into account the provisions of the Convention. The Committee refers to paragraphs 55 to 63 of its 1987 General Survey on Safety in the Working Environment, in which it emphasized that "a mere prohibition of the use of inadequately guarded machinery cannot ... be considered as obviating the need to apply the requirements of Part II of the Convention concerning its sale, hire and transfer" (paragraph 62), and that "the prohibitions laid down in the Convention apply not only to the initial sale but also to subsequent sales by agents and to the hire, transfer and exhibition of unguarded machines, whether new or reconditioned" (paragraph 70).

The Committee once again urges the Government to take the necessary measures to give full effect to the Convention.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Government indicates in its last report that the National Assembly has adopted the Code of Labour Hygiene, Safety and the Work Environment, and that the pertinent regulatory texts are being prepared. The Committee hopes that these texts will give effect to the provisions of the Convention and, in particular, to Articles 2 and 4 which specify that the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts specified in paragraphs 2 and 3 of Article 2 are without appropriate guards shall be prohibited. The obligation to apply these prohibitions rests on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor, and on the manufacturer when he sells machinery, lets it out on hire or exhibits it.

The Committee requests the Government to provide information on any progress made in this regard and to supply copies of the texts in question when adopted.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Articles 2 and 4 of the Convention. In the comments it has been making for a number of years, the Committee observed that Order No. 889 of 20 May 1960 contains, in sections 44 to 58, detailed provisions on the guarding of machinery, but that these provisions are applicable only to the use of the machinery and therefore have a more restricted scope than the provisions of the Convention. This instrument prohibits the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts specified in paragraphs 3 and 4 of the same Article are without appropriate guards. The Committee requested the Government to take the necessary measures to give full effect to the Convention on this point. In its last report, the Government stated that sections 55 to 58 of Order No. 889 lie within the terms of the Convention since they prohibit the employer from using machinery on which the dangerous parts are not protected and which have not been formally approved. The Government added that, by extension, the prohibition of the sale, hire or transfer of this machinery may be deduced; however, a draft Order to amend or supplement Order No. 889 of 20 May 1960 was under examination by the Directorate of Labour and the new text will take into account the provisions of the Convention. The Committee refers to paragraphs 55 to 63 of its 1987 General Survey on Safety in the Working Environment, in which it emphasized that "a mere prohibition of the use of inadequately guarded machinery cannot ... be considered as obviating the need to apply the requirements of Part II of the Convention concerning its sale, hire and transfer" (paragraph 62), and that "the prohibitions laid down in the Convention apply not only to the initial sale but also to subsequent sales by agents and to the hire, transfer and exhibition of unguarded machines, whether new or reconditioned" (paragraph 70). The Committee once again urges the Government to take the necessary measures to give full effect to the Convention.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 2 and 4 of the Convention. In the comments it has been making for a number of years, the Committee observed that Order No. 889 of 20 May 1960 contains, in sections 44 to 58, detailed provisions on the guarding of machinery, but that these provisions are applicable only to the use of the machinery and therefore have a more restricted scope than the provisions of the Convention. This instrument prohibits the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts specified in paragraphs 3 and 4 of the same Article are without appropriate guards. The Committee requested the Government to take the necessary measures to give full effect to the Convention on this point. In its last report, the Government stated that sections 55 to 58 of Order No. 889 lie within the terms of the Convention since they prohibit the employer from using machinery on which the dangerous parts are not protected and which have not been formally approved. The Government added that, by extension, the prohibition of the sale, hire or transfer of this machinery may be deduced; however, a draft Order to amend or supplement Order No. 889 of 20 May 1960 was under examination by the Directorate of Labour and the new text will take into account the provisions of the Convention. The Committee refers to paragraphs 55 to 63 of its 1987 General Survey on Safety in the Working Environment, in which it emphasized that "a mere prohibition of the use of inadequately guarded machinery cannot ... be considered as obviating the need to apply the requirements of Part II of the Convention concerning its sale, hire and transfer" (paragraph 62), and that "the prohibitions laid down in the Convention apply not only to the initial sale but also to subsequent sales by agents and to the hire, transfer and exhibition of unguarded machines, whether new or reconditioned" (paragraph 70). The Committee once again urges the Government to take the necessary measures to give full effect to the Convention.

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

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Articles 2 and 4 of the Convention. In the comments it has been making for a number of years, the Committee has observed that Order No. 889 of 20 May 1960 contains, in sections 44 to 58, detailed provisions on the guarding of machinery, but that these provisions are applicable only to the use of the machinery and therefore have a more restricted scope than the provisions of the Convention. This instrument prohibits the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts specified in paragraphs 3 and 4 of the same Article are without appropriate guards. The Committee requested the Government to take the necessary measures to give full effect to the Convention on this point.

In its last report, the Government states that sections 55 to 58 of Order No. 889 lie within the terms of the Convention since they prohibit the employer from using machinery on which the dangerous parts are not protected and which have not been formally approved. The Government adds that, by extension, the prohibition of the sale, hire or transfer of this machinery may be deduced; however, a draft Order to amend or supplement Order No. 889 of 20 May 1960 is under examination by the Directorate of Labour and the new text will take into account the provisions of the Convention.

The Committee refers to paragraphs 55 to 63 of its 1987 General Survey on Safety in the Working Environment, in which it emphasised that "a mere prohibition of the use of inadequately guarded machinery cannot ... be considered as obviating the need to apply the requirements of Part II of the Convention concerning its sale, hire and transfer" (paragraph 62), and that "the prohibitions laid down in the Convention apply not only to the initial sale but also to subsequent sales by agents and to the hire, transfer and exhibition of unguarded machines, whether new or reconditioned" (paragraph 70).

The Committee once again urges the Government to take the necessary measures to give full effect to the Convention.