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

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

Legislation. The Committee notes the Government’s indication that the new Labour Code was adopted through Decree No. D/2014/011/PRG/SGG of 10 January 2014 and that an Order issuing general safety and health protection measures applicable to all workplaces liable to inspection and issuing general measures from the Occupational Safety and Health Committee, was examined and adopted by the Labour and Social Legislation Advisory Committee at its April 2015 session. The Committee requests the Government to indicate the specific provisions of the new legislation that give effect to the provisions of the Convention. It also requests the Government to provide a copy of the abovementioned Order, which was adopted in April 2015.

Article 11(1) of the Convention. Prohibition on using machinery without the guards provided being in position. Further to its previous comments, the Committee notes that section 231.3 of the new Labour Code provides that workers must refrain from removing health and safety devices, even where this is authorized by the employer. In this regard, the Committee draws the Government’s attention to Article 11(1) of the Convention, which provides that no worker shall “be required to use any machinery without the guards provided being in position”. The Committee notes that the wording of section 231.3 of the Labour Code appears to provide for the case in which the employer authorizes the removal of safety devices, thereby making the worker responsible for observing the prohibition. The Committee requests the Government to provide information on the measures taken or contemplated in law and in practice to ensure that an employer is expressly prohibited from authorizing the removal of safety devices.

Application in practice. The Committee requests the Government to provide a general 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.