Guarding of Machinery Convention, 1963 (No. 119) - Niger (RATIFICATION: 1964)

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Previous comment on Convention No. 119Previous comment on Convention No. 148Previous comment on Convention No. 155Previous comment on Convention No. 161Previous comment on Convention No. 187

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 119 (guarding of machinery), 148 (working environment (air pollution, noise and vibration), 155 and its Protocol of 2002 (OSH), 161 (occupational health services) and 187 (promotional framework for OSH) together.

Application in practice of Conventions Nos 119, 148, 155 and its Protocol, 161 and 187. The Committee notes the statistical information in the Government’s report concerning occupational accidents and occupational diseases recorded between 2015 and 2019. It notes that mining and quarrying (18.93 per cent) and water, gas and electricity production and distribution (18.34 per cent) are the branches of activity recording the highest rates of occupational accidents and diseases, and that the occupational category of manual workers is the most affected, with 69 accidents, including seven fatal accidents, and a total of 1,240 days lost. The Committee requests the Government to indicate all measures taken or envisaged to reduce the number of occupational accidents and occupational diseases in these sectors and for this category of workers. The Committee also requests the Government to continue providing statistical data on occupational accidents and diseases which have been recorded, including occupational accidents resulting from the use of machinery and occupational diseases resulting from air pollution, noise and vibration.

A.General provisions

1.Occupational Safety and Health Convention, 1981 (No. 155), and Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

The Committee notes the information provided by the Government in reply to its previous requests concerning legislative developments and the following Articles of Convention No. 155: Article 5(a) and (b) (spheres of action involving the material elements of work and their relationships with the persons who carry out or supervise the work); Article 5(d) (sphere of action involving communication and cooperation); Article 6 (functions and responsibilities in respect of OSH); Article 11 (functions of the competent authorities); and Article 21 (expenditure for OSH measures). The Committee also notes the information provided by the Government in reply to its previous request concerning Article 4(3)(a)–(g) (components of the national system for OSH) of Convention No. 187.

I.Action at the national level

Article 2(1) of Convention No. 187. Continuous improvement of OSH in consultation with the most representative organizations of employers and workers. Further to its comments on the measures taken to give effect to Article 2(1), the Committee notes with interest the adoption of Decree No. 2017-682/PRN/MET/PS issuing the regulatory part of the Labour Code, of which Title III, Chapter II is concerned with occupational safety, health and hygiene, pursuant to sections 136–156 of the Labour Code. The Committee also notes section a.4.1 of the national policy on OSH adopted on 30 June 2017 (PNSST 2017), which indicates that the opinion of the OSH Technical Advisory Committee (CTCSST) must be obtained before any legislative or regulatory text on OSH is adopted. It also notes that the tripartite composition of the CTCSST is provided for by section 524 of Decree No. 2017-682/PRN/MET/PS. The Committee further notes the Government’s indication that the adoption of a specific code on OSH, the mapping of occupational hazards and the establishment of a Higher Council for the Prevention of Occupational Hazards are still under way. The Committee also notes that, in the context of the Universal Periodic Review (UPR) of the United Nations Human Rights Council, the recommendations for Niger in 2021 included strengthening the legislative and regulatory frameworks and the existing measures taken to protect local communities against the consequences of uranium mining (A/HRC/48/5, paragraph 122.66). In this regard, the Committee notes that Niger adopted Order No. 03/MME/DM of 8 January 2001 providing protection against the dangers of ionizing radiation in the mining sector. The Committee requests the Government to continue providing information on progress made regarding the adoption of the specific code on OSH and the mapping of occupational hazards. The Committee also requests the Government to continue providing information on the activities of the CTCSST in practice, including the frequency of its meetings, and on the steps taken to promote continuous improvement of OSH with respect to workers exposed to ionizing radiation in the mining sector.

National policy

Articles 4 and 7 of Convention No. 155 and Article 3 of Convention No. 187. National policy on OSH. The Committee notes with interest the adoption in 2017 of the national policy on OSH (PNSST 2017), further to the opinion of the tripartite CTCSST. It notes that the general objective of the PNSST 2017 is to ensure the safety and health of workers through the prevention of occupational accidents and diseases in all sectors (section 2.2). The Committee requests the Government to provide more information on the steps taken to implement the PNSST 2017, and to indicate the manner in which it ensures the periodic review of this national policy, in consultation with the most representative employers’ and workers’ organizations.

National system

Article 5(c) of Convention No. 155 and Article 4(3)(c) of Convention No. 187. Training in OSH. The Committee notes that, under section 1.1 of the PNSST 2017, one of the difficulties highlighted concerning the protection of workers’ health is the inadequacy of training for all stakeholders, and the competent authorities have made a point of resolving these issues, in particular through the introduction of OSH instruction in vocational training schools. Further to its previous request concerning the functioning of the National Coordinating Office for OSH Committees (CNCSST), the Committee also notes that, under section 2 of Order No. 0365 of 16 March 2012 (as amended in 2020) establishing the CNCSST and its competencies and composition, the CNCSST is tasked with organizing training activities with the assistance of the State, the employers, the National Social Security Fund and other stakeholders. Moreover, section 3 of the above-mentioned Order provides that the CNCSST can assist the regional coordinating offices by providing information and training for members of the OSH committees in enterprises. The Committee requests the Government to provide more information on the activities of the CNCSST in practice, particularly pursuant to sections 2 and 3 of Order No. 0365 of 16 March 2012, as amended.

Article 5(e) of Convention No. 155. Protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with national policy. The Committee notes that, under section 224(2) of Decree No. 2017-682/PRN/MET/PS, an employer cannot dismiss a worker for lack of work during the provisional suspension of work on account of a dangerous situation. The Committee requests the Government to provide more information on the steps taken to ensure the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with national policy, beyond the situations envisaged in section 224 of Decree No. 2017-682/PRN/MET/PS.

Article 15(1) of Convention No. 155. Necessary coordination between various authorities and bodies. The Committee notes that, according to section 1.1.2.2 of the PNSST 2017, one of the weaknesses of the system for the prevention of occupational hazards is the lack of coordination between the various administrative stakeholders involved in prevention, which results in the dispersal of resources and frameworks for intervention. The Committee requests the Government to provide information and indicate whether progress has been made on coordination between the various stakeholders in the system for the prevention of occupational hazards further to the implementation of the PNSST 2017.

Article 4(3)(h) of Convention No. 187. Support mechanisms in micro-enterprises, in small and medium-sized enterprises and in the informal economy. The Committee requests the Government to indicate all the measures taken or envisaged to ensure that there are support mechanisms for a progressive improvement of OSH conditions in micro-enterprises, in small and medium-sized enterprises and in the informal economy.

Article 12 of Convention No. 155. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that, under section 304 of Decree No. 2017-682/PRN/MET/PS, the sale, hire, transfer and exhibition of machinery of which the dangerous parts are without appropriate guards are prohibited for persons or their agents who manufacture, sell, hire, transfer or exhibit such machinery. The Committee also notes that section 305 of the same Decree imposes the obligation on manufacturers, importers or sellers to provide employers and self-employed workers who are users of dangerous substances or preparations with the necessary information on prevention and safety through a safety data sheet. The Committee notes that these provisions give effect to Article 12(a) of Convention No. 155 with regard to substances and machinery and give effect to Article 12(b) and (c) with regard to substances. The Committee therefore requests the Government to indicate the manner in which it is ensured that persons who manufacture, sell, hire, transfer or exhibit machinery provide information concerning the correct installation and use of machinery and equipment (Article 12(b)) and undertake studies and research or otherwise keep abreast of the scientific and technical knowledge (Article 12(c)).

National programme

Article 5 of Convention No. 187. National programme on OSH. The Committee previously noted that there was no national programme on OSH and expressed the hope that the Government would make all necessary efforts to formulate and implement such a programme, asking the Government to continue providing information on the progress made in this respect. The Committee notes that, according to the Government, the national OSH programme has not yet been developed. However, the PNSST 2017 contains time-bound strategies setting out the results expected in terms of improving the national system for OSH. The Committee requests the Government to provide information on the implementation, monitoring, evaluation and periodic review of the strategies contained in the PNSST 2017, including the results achieved.

II.Action at the enterprise level

Article 19(b)–(e) of Convention No. 155. Rights of workers’ representatives with regard to occupational safety and health. The Committee notes the Government’s indication, in reply to its previous comments, that labour inspectors may ask establishments or enterprises of ten or fewer employees to elect their staff delegates in the context of an internal works agreement. It also notes that, under section 1.1.2.2 of the PNSST 2017, one of the organizational weaknesses of the national system is the absence of OSH committees in some enterprises or the fact that the committees are not operational. The Committee therefore requests the Government to indicate the measures taken, including in the context of implementation of the PNSST 2017, in support of OSH committees in enterprises and to ensure that these committees are established in enterprises in practice.

2. Protocol of 2002 to Convention No. 155

The Committee takes note of the Government’s first report.

Articles 2 and 3(a)(iv) and (c) of the Protocol. Responsibility of employers to refrain from instituting retaliatory or disciplinary measures. Duration for maintaining records. Periodic review of requirements and procedures. The Committee notes the procedures for recording occupational accidents and diseases established by the Labour Code and Decree No. 65-117 of 18 August 1965 establishing rules for the management of the scheme for the compensation and prevention of occupational accidents and diseases by the National Social Security Fund (Decree No. 65-117). However, the Committee observes a lack of information on recording requirements and procedures in relation to: (i) the responsibility of employers to refrain from instituting retaliatory or disciplinary measures against a worker for reporting an occupational accident, occupational disease, dangerous occurrence, commuting accident or suspected case of occupational disease (Article 3(a)(iv)); and (ii) the duration for maintaining these records (Article 3(c)). The Committee therefore requests the Government to indicate the measures taken or envisaged to give effect to Article 3(a)(iv) and (c) of the Protocol. The Committee also requests the Government to provide information on the consultations which have taken place with the social partners as regards establishing the recording and notification requirements and procedures prescribed by the Protocol, and on the periodic review of these requirements and procedures.

Article 5. Data included in the notification. The Committee notes that, under section 19 of Decree No. 65-117, the doctor concerned must draw up a medical certificate indicating the condition of the victim, the consequences of the accident or, if these are unclear, the possible aftermath. Under section 121 of the same Decree, the certificate drawn up by the employer must indicate the nature of the illness and the likely aftermath. The Committee requests the Government to indicate the measures taken or envisaged to ensure that notifications include data on the enterprise, establishment and employer, and also on the workplace, the circumstances of the accident or the dangerous occurrence and, in the case of an occupational disease, the circumstances of the exposure to health hazards.

Article 6. Annual publication of statistics. The Committee notes that the Government cites statistical information relating to occupational accidents and diseases, indicating that they originate from an annual report of the National Social Security Fund. The Committee requests the Government to provide more information on the measures taken or envisaged to publish these statistics annually, as well as the analyses thereof, indicating in particular the manner in which the annual reports of the National Social Security Fund are made public.

3.Occupational Health Services Convention, 1985 (No. 161)

The Committee notes the information provided by the Government in reply to its previous request concerning the legislation and Article 4 (consultations with the social partners), Article 9 (composition of the personnel and cooperation), Article 10 (professional independence), Article 11 (qualifications required for the personnel) and Article 12 (surveillance of workers’ health) of the Convention.

Article 5 of the Convention. Functions of occupational health services. The Committee notes the legislative provisions defining the functions of doctors in workplaces, in particular sections 235, 270, 271, 272 and 344–349 of Decree No. 2017-682/PRN/MET/PS, which correspond to the functions defined in Article 5(a), (b), (c), (e), (f), (g), (h), (i), (j) and (k) of the Convention. However, the Committee notes that, under section 1.1.2.2 of the PNSST 2017, one of the weaknesses noted in the OSH system is that occupational medical services focus exclusively on curative rather than preventive action. The Committee therefore requests the Government to indicate the measures taken or envisaged to remedy these difficulties, and to provide further information on the extent to which occupational health services perform in practice the functions defined in Article 5 of the Convention.

Article 8. Participation of employers and workers in the implementation of the organization of occupational health services. The Committee notes the Government’s indication concerning the participation of employers and workers in the activities of occupational health services in cases where an OSH committee exists in the enterprise. The Committee once again requests the Government to provide additional information on the measures taken to ensure that the employer, the workers and their representatives participate in the organization of occupational health services in enterprises or establishments with fewer than 50 workers.

B.Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

The Committee notes the information provided by the Government in reply to its previous request concerning the legislation and Articles 2 and 4 (prohibition on the sale, hire, transfer and exhibition of machinery) and Article 11 (prohibition on the use of machinery without guards) of the Convention.

Article 10 of the Convention. Information and instructions to be given to workers. The Committee notes that, under section 212 of Decree No. 2017-682/PRN/MET/PS, the employer is required to take all necessary steps to ensure the safety, and protect the life and health, of the workers that he employs, and also of all the workers present in the enterprise, and that these measures include information and training activities. Noting this general obligation, the Committee requests the Government to provide more detailed information on the measures taken to ensure that the employer informs the workers about the national laws or regulations relating to the guarding of machinery, about the dangers arising from the use of machinery, and about the precautions to be observed.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

The Committee notes the information provided by the Government in reply to its previous request concerning Article 15 (appointment of a competent person or use of a competent service) and Article 16 (implementing measures and penalties) of the Convention.

Article 4(1) of the Convention. National legislation. Measures to prevent occupational hazards due to vibration. Further to its comments on the development of the legislation to give effect to Article 4 of the Convention, the Committee notes that Decree No. 2017-682/PRN/MET/PS contains requirements concerning the atmosphere in the workplace and the protection of workers against exposure to noise, but does not contain any provisions concerning occupational hazards due to vibration. The Committee therefore requests the Government to take the necessary steps to ensure that national legislation prescribe that measures shall be taken in the workplace to prevent occupational hazards due to vibration, to limit them and to protect workers against these hazards. It requests the Government to provide information on the measures taken in this regard.

Article 5(1). Consultations between the competent authority and the most representative organizations of employers and workers concerned. As regards the activities of the CTCSST, the Committee refers the Government to its comments made above in relation to Article 2(1) of Convention No. 187.

Article 8(2) and (3). Regular revision of criteria and exposure limits, and designation of technically competent persons. Further to its previous comments, the Committee notes sections 267 and 268 of Decree No. 2017-682/PRN/MET/PS, which establish the daily limit and the frequency of measurement for exposure to noise. Sections 253 and 255 of the same Decree also specify minimum values for the volume of air per person in both closed and underground premises. The Committee requests the Government to indicates the manner in which the competent authority has taken into account the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned, in the elaboration of the criteria and the determination of exposure limits. The Committee also requests the Government to indicate the intervals at which revision occurs of the criteria for determining the hazards of exposure to air pollution, noise and vibration, and also the exposure limits.

Article 11(3) and (4). Provision of alternative employment or other measures to maintain income. The Committee previously requested the Government to specify the legislative or regulatory provisions relating to the provision of alternative employment for medical reasons and to the maintenance of income. The Committee notes Order No. 65/MME/DM establishing the rules for the prevention of the risk of silicosis on sites for mining research and operations, quarries and their outbuildings, with section 51 of the Order establishing the operator’s obligation to transfer workers showing early symptoms of silicosis to another sector which is free from dust, without any reduction in their pay. The Committee requests the Government to indicates the measures taken or envisaged to ensure that, where continued assignment to work involving exposure to noise or vibration is found to be medically inadvisable, every effort is made to provide the workers concerned with suitable alternative employment or to maintain their income through social security measures or otherwise.

Article 12. Notification to the competent authority. Noting the absence of provisions giving effect to this Article in Decree No. 2017-682/PRN/MET/PS, the Committee requests the Government to indicate the processes, substances, machinery and equipment involving exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration which must be notified to the competent authority. The Committee also once again requests the Government to indicate whether measures are being taken or envisaged to adopt the decrees provided for in section 140(2) of the Labour Code, which specifies, inter alia, that lists will be adopted of substances and preparations which are hazardous to workers and whose use is limited or regulated.

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Legislation. The Committee notes the adoption of Act No. 2012-45 of 25 September 2012 issuing the Labour Code. Referring to its previous comments, it also notes the Government’s indication that the legislative reform is progressing and that regulations pursuant to the Code will be adopted shortly. Once again expressing the hope that these regulations will give effect to a number of provisions of the Convention, the Committee requests the Government to provide information on any progress made with regard to the adoption thereof and to send a copy of this legislative text, once it has been adopted.

Articles 2 and 4 of the Convention. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery without appropriate guards. Formal designation of persons on whom the obligation rests to apply the prohibition. The Committee notes that section 140 of the new Labour Code provides for the adoption of decrees passed in the Council of Ministers establishing a list of machinery or the dangerous parts thereof, whose manufacture, sale, importation, transfer and use will be prohibited. It recalls in this respect that Article 2(3) and (4) of the Convention list in detail the dangerous parts that must be subject to prevention and protection measures and that Article 4 provides that the obligation to apply this prohibition shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, the exhibitor or the manufacturer. Expressing the hope that full account will be taken of the requirements of Articles 2 and 4 of the Convention when the decrees provided for in section 140 of the Labour Code are drawn up, the Committee requests the Government to provide information on any progress made with respect to the adoption of these decrees and to send a copy of them, once they have been adopted. The Committee requests the Government in the meantime to indicate any other measures giving effect to the provisions of Articles 2 and 4 of the Convention.

Article 10. Information and instructions to be given to workers. The Committee notes that under the terms of section 137 of the Labour Code, workers must be informed in an appropriate manner of the occupational risks likely to arise in the workplace and be instructed with regard to the available means of prevention. It also notes the Government’s indication that such information and instructions are communicated in the form of safety regulations during training and awareness-raising sessions in the workplace. The Committee requests the Government to provide further information on the steps that must be taken by employers to inform the workers, as and where appropriate, regarding the dangers arising and the precautions to be observed in the use of machinery.

Article 11. Prohibition on using any machinery without the guards provided being in position and operative. The Committee notes that, according to section 139 of the Labour Code, workers have the obligation to use health and safety devices correctly and to refrain from removing or modifying them without the employer’s permission. The Committee observes that this section, in its current wording, appears to allow the employer to authorize the removal or modification of safety devices. The Committee recalls that, under the terms of Article 11 of the Convention, the use of machinery without the guards provided being in position (Article 11(1)) or with the guards made inoperative (Article 11(2)) shall be prohibited. The Committee requests the Government to provide information on the measures taken or envisaged, in law and in practice, to ensure that no worker uses machinery without the guards provided being in position and operative, and that employers are accordingly prohibited from authorizing safety devices to be removed or made inoperative, in accordance with Article 11 of the Convention.

Application in practice. The Committee notes the Government’s indication that the machinery used in Niger is generally second-hand, which is a constant source of danger. The Committee requests the Government to provide information on any measures taken or envisaged to identify and resolve specific safety issues relating to the use of second-hand machinery. It also 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.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

With reference to the information given in the Government’s previous report, the Committee notes that its comments appears to have been taken into account in the preparation of the draft Decree issuing regulations under the Labour Code. The Committee hopes that these regulations will be adopted in the near future and that their adoption will provide a basis for giving effect to the following Articles of the Convention: Articles 2 and 4 (prohibition of the sale, hire, transfer in any other manner and exhibition of machinery without appropriate guards; formal designation of the persons upon whom the obligation to ensure the application of this prohibition rests), Article 10 (information and instructions to be given to workers) and Article 11 (prohibition upon using any machinery without the guards provided being in position or made inoperative). The Committee hopes that the Government will indicate the progress achieved in this respect in its next report.

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The Committee notes that the Government reports that, in spite of its efforts, it has no new developments to report regarding legislative effect given to the Convention. The Government indicates that, although it is aware that many workplaces in the country have dangerous pieces of machinery which often are not equipped with proper safety devices, the Convention is not well understood, inter alia, among the social partners, and the institutional structures required to supervise the official approvals of machinery are still not operational. The Government indicates, however, that the trade union structure in the country is under development, that the Government is currently engaged in a social dialogue in order to review the legal structures for tripartite consultations and that a national inventory of all dangerous machinery is under preparation with the assistance of the ILO which will pave the way for regulation in this area. Against this background the Committee hopes that the Government will soon be in a position to report on progress in its effort to give effect to this Convention and that its report will contain full information on the matters raised in its previous direct request which read as follows:

With reference to the information given in the Government’s previous report, the Committee notes that its comments appears to have been taken into account in the preparation of the draft Decree issuing regulations under the Labour Code. The Committee hopes that these regulations will be adopted in the near future and that their adoption will provide a basis for giving effect to the following Articles of the Convention: Articles 2 and 4 (prohibition of the sale, hire, transfer in any other manner and exhibition of machinery without appropriate guards; formal designation of the persons upon whom the obligation to ensure the application of this prohibition rests), Article 10 (information and instructions to be given to workers) and Article 11 (prohibition upon using any machinery without the guards provided being in position or made inoperative). The Committee hopes that the Government will indicate the progress achieved in this respect in its next report.

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The Committee notes that the Government’s report contains no information in response to its previous comment. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to the information given in the Government’s previous report, the Committee notes that its comments appears to have been taken into account in the preparation of the draft Decree issuing regulations under the Labour Code. The Committee hopes that these regulations will be adopted in the near future and that their adoption will provide a basis for giving effect to the following Articles of the Convention: Articles 2 and 4 (prohibition of the sale, hire, transfer in any other manner and exhibition of machinery without appropriate guards; formal designation of the persons upon whom the obligation to ensure the application of this prohibition rests), Article 10 (information and instructions to be given to workers) and Article 11 (prohibition upon using any machinery without the guards provided being in position or made inoperative). The Committee hopes that the Government will indicate the progress achieved in this respect in its next report.

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1. The Committee notes the information contained in the Government’s report.

2. With reference to the information given in the Government’s previous report, the Committee notes that its comments appears to have been taken into account in the preparation of the draft Decree issuing regulations under the Labour Code. The Committee hopes that these regulations will be adopted in the near future and that their adoption will provide a basis for giving effect to the following Articles of the Convention: Articles 2 and 4 (prohibition of the sale, hire, transfer in any other manner and exhibition of machinery without appropriate guards; formal designation of the persons upon whom the obligation to ensure the application of this prohibition rests), Article 10 (information and instructions to be given to workers) and Article 11 (prohibition upon using any machinery without the guards provided being in position or made inoperative). The Committee hopes that the Government will indicate the progress achieved in this respect in its next report.

[The Government is asked to reply in detail to the present comments in 2007.]

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With reference to the comments that it has been making for many years, the Committee notes that, following the adoption of Order No. 114/MFP/T, of 15 July 2003, the members of the Technical Advisory Committee on Occupational Safety and Health (CTCSST) have been appointed. It also notes that its comments were taken into account in the preparation of the draft Decree issuing regulations under the Labour Code. The Committee therefore hopes that the regulations referred to above will be adopted in the near future and that their adoption will provide a basis for giving effect to the following Articles of the Convention.

Articles 2 and 4 (prohibition of the sale, hire, transfer in any other manner and exhibition of machinery without appropriate guards; formal designation of the persons upon whom the obligation to ensure the application of this prohibition rests), Article 10 (information and instructions to be given to workers) and Article 11 (prohibition upon using any machinery without the guards provided being in position or made inoperative). The Committee hopes that the Government will indicate the progress achieved in this respect in its next report.

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The Committee notes the Government’s report, and in particular the information that the Advisory Technical Committee on Occupational Safety and Health has not yet been established due to the economic and financial problems that were already mentioned in the Government’s previous report, thus delaying the application of paragraph 2 of section 132 of the Labour Code which, after obtaining the views of the Technical Committee, aims at prohibiting the use of certain machines or parts of machines considered dangerous.

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

 The Committee notes that the Government’s report does not reply to its previous comments concerning the absence to date of measures that ensure the application of Articles 2 and 4 of the Convention (prohibition of the sale, hire, transfer in any other manner and exhibition of machines which must be guarded; formal designation of the persons on whom rests the obligation to apply this prohibition), Article 10 (information and instructions to be given to workers) and Article 11 (prohibition on using a machine without the protective guards being in position and operative). The Committee hopes that the adoption of the above-cited safety and health rules will permit the application of these Articles of the Convention.

The Committee hopes that the Government will be able to take the necessary measures in the very near future.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Further to its previous comments, the Committee notes with interest, that the ILO's technical assistance has helped the Government in adopting a new Labour Code on 29 June 1996. It notes however that, due to numerous difficulties, the Labour Advisory Commission has not been able to meet to examine the 1982 draft safety and health rules in the use of machinery. The Committee notes further that the 1982 draft rules will serve the General Inspectorate of Health at Work in its elaboration of the implementing rules provided for in section 132 of the new Labour Code.

The Committee hopes that the Government will take the necessary measures to enable the Advisory Commission to meet shortly and finalize the said safety and health rules, based on the 1982 draft and taking into account the Committee's previous comments on them.

2. The Committee notes that the Government's report does not reply to its previous comments concerning the absence to date of measures that ensure the application of Articles 2 and 4 of the Convention (prohibition of the sale, hire, transfer in any other manner and exhibition of machines which must be guarded; formal designation of the persons on whom rests the obligation to apply this prohibition), Article 10 (information and instructions to be given to workers) and Article 11 (prohibition on using a machine without the protective guards being in position and operative). The Committee hopes that the adoption of the above-cited safety and health rules will permit the application of these Articles of the Convention.

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1. Further to its previous comments, the Committee notes with interest, that the ILO's technical assistance has helped the Government in adopting a new Labour Code on 29 June 1996. It notes however that, due to numerous difficulties, the Labour Advisory Commission has not been able to meet to examine the 1982 draft safety and health rules in the use of machinery. The Committee notes further that the 1982 draft rules will serve the General Inspectorate of Health at Work in its elaboration of the implementing rules provided for in section 132 of the new Labour Code.

The Committee hopes that the Government will take the necessary measures to enable the Advisory Commission to meet shortly and finalize the said safety and health rules, based on the 1982 draft and taking into account the Committee's previous comments on them.

2. The Committee notes that the Government's report does not reply to its previous comments concerning the absence to date of measures that ensure the application of Articles 2 and 4 of the Convention (prohibition of the sale, hire, transfer in any other manner and exhibition of machines which must be guarded; formal designation of the persons on whom rests the obligation to apply this prohibition) Article 10 (information and instructions to be given to workers) and Article 11 (prohibition on using a machine without the protective guards being in position and operative). The Committee hopes that the adoption of the above-cited safety and health rules will permit the application of these Articles of the Convention.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

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2. The Committee noted that the Advisory Labour Commission would meet with a view to discussing the revision of labour texts, and that the Committee's comments will possibly be taken into account in the draft text setting out the safety and hygiene rules. The Committee requests the Government to specify whether this draft decree is the same as the one which was submitted by the Government in 1982 for an opinion by the Committee.

3. The Committee once again draws the Government's attention to the fact that no measures have been taken to date in order to ensure application of Articles 2 and 4 of the Convention (prohibition of the sale, hire, transfer in any other manner and exhibition of machines without appropriate guards; enumeration of the dangerous parts of machines which must be guarded; formal designation of the persons on whom rests the obligation to apply this prohibition), Article 10 (information and instructions to be given to workers) and Article 11 (prohibition on using a machine without the protective guards being in position and operative). The Committee requests the Government to indicate the measures taken or envisaged to ensure application of these Articles of the Convention.

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1. Further to its previous comments, the Committee notes that the Labour Code has still not been revised. The Committee hopes that the revised version of the Labour Code will be adopted in the near future and will give effect to the provisions of the Convention whose application has been the subject of comments for a number of years. The Committee requests the Government to send a copy of the text when adopted.

2. The Committee notes that the Advisory Labour Commission will meet very shortly with a view to discussing the revision of labour texts, and that the Committee's comments will possibly be taken into account in the draft text setting out the safety and hygiene rules. The Committee requests the Government to specify whether this draft decree is the same as the one which was submitted by the Government in 1982 for an opinion by the Committee.

3. The Committee once again draws the Government's attention to the fact that no measures have been taken to date in order to ensure application of Articles 2 and 4 of the Convention (prohibition of the sale, hire, transfer in any other manner and exhibition of machines without appropriate guards; enumeration of the dangerous parts of machines which must be guarded; formal designation of the persons on whom rests the obligation to apply this prohibition), Article 10 (information and instructions to be given to workers) and Article 11 (prohibition on using a machine without the protective guards being in position and operative). The Committee requests the Government to indicate the measures taken or envisaged to ensure application of these Articles of the Convention.

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The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

In its previous comments, the Committee noted the absence of provisions to give effect to the Convention. It noted that in 1982 the Government had submitted to the Committee for its examination, and to verify its conformity with the Convention, a draft Decree establishing the rules on safety and health to be observed in the use of machinery. The draft Decree was examined by the Committee.

In its last report, the Government stated that in view of the development of technology, there is a multiplication of machinery that is ever more dangerous for the safety of the workers, and that it has embarked upon a policy of introducing legislation on the prevention of occupational hazards. It referred once again to the above draft Decree.

In this connection, the Committee recalls that, as regards Article 4 of the Convention, the draft Decree contains no provisions setting out that the obligation to ensure compliance with the prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and their respective agents, as well as on the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it. It would therefore be desirable to include a provision to this effect in the draft Decree.

The Committee hopes that the draft Decree establishing the rules on safety and health to be observed in the use of machinery will be adopted in the near future and that the Government will not fail to supply a copy of it.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request, which read as follows:

In its previous comments, the Committee noted the absence of provisions to give effect to the Convention. It noted that in 1982 the Government had submitted to the Committee for its examination, and to verify its conformity with the Convention, a draft Decree establishing the rules on safety and health to be observed in the use of machinery. The draft Decree was examined by the Committee.

In its last report, the Government stated that in view of the development of technology, there is a multiplication of machinery that is ever more dangerous for the safety of the workers, and that it has embarked upon a policy of introducing legislation on the prevention of occupational hazards. It referred once again to the above draft Decree.

In this connection, the Committee recalls that, as regards Article 4 of the Convention, the draft Decree contains no provisions setting out that the obligation to ensure compliance with the prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and their respective agents, as well as on the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it. It would therefore be desirable to include a provision to this effect in the draft Decree.

The Committee hopes that the draft Decree establishing the rules on safety and health to be observed in the use of machinery will be adopted in the near future and that the Government will not fail to supply a copy of it.

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In its previous comments, the Committee noted the absence of provisions to give effect to the Convention. It noted that in 1982 the Government had submitted to the Committee for its examination, and to verify its conformity with the Convention, a draft Decree establishing the rules on safety and health to be observed in the use of machinery. The draft Decree was examined by the Committee.

In its last report, the Government states that at the present time, in view of the development of technology, there is a multiplication of machinery that is ever more dangerous for the safety of the workers, and that it has embarked upon a policy of introducing legislation on the prevention of occupational hazards. It refers once again to the above draft Decree.

In this connection, the Committee recalls that, as regards Article 4 of the Convention, the draft Decree contains no provisions setting out that the obligation to ensure compliance with the prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and their respective agents, as well as on the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it. It would therefore be desirable to include a provision to this effect in the draft Decree.

The Committee hopes that the draft Decree establishing the rules on safety and health to be observed in the use of machinery will be adopted in the near future and that the Government will not fail to supply a copy of it.

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The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters which were raised in its previous direct request:

The Committee has noted from the report of the Government that amendments had been introduced to the draft Decree establishing the rules on safety and health to be observed in the use of machinery, taking account of its earlier comments. It has examined the new version of the draft Decree, whose text has been communicated by the Government, and would like to point out the following:

1. Article 4 of the Convention. The Committee observed that the draft Decree contained no provisions giving effect to this Article of the Convention. It would therefore be desirable to include a provision to this effect in the draft Decree.

2. Article 14. The Committee observed that the scope of this Article covers the whole of Part III of the Convention and that the obligation to observe the provisions of this Part fall not only on the employer in the strict sense but also, where appropriate under national laws or regulations, on a prescribed agent of the employer. The Committee noted that section 16 of the draft Decree provided, in this connection, that certain obligations fell not only on the head of the establishment but also on his agent. It therefore hopes that the Government will be able to amend the draft in question so that all the obligations of the employer specified in Part III of the Convention fall also, where appropriate, on his agent and that this agent will also be made liable to the penalties provided for in section 22 of the draft.

The Committee hopes that the Government will take these remarks into account and that the draft thus amended will be adopted in the very near future.

The Committee also asks the Government, once again, to state whether the employers' and workers' organisations concerned were consulted during the preparation of this draft, in accordance with Article 16.

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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:

The Committee has noted from the Government's report for the period ended June 1985 that the draft Decree to issue the rules on safety and health to be observed in the use of machinery, which was intended to give effect to the Convention, had been amended to take account of the earlier comments of the Committee. The Committee hopes that this draft will be adopted shortly and that it will also take account of the comments made in a request addressed directly to the Government.

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