Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Guarding of Machinery Convention, 1963 (No. 119) - Malta (Ratification: 1988)

Article 2, paragraph 2, of the Convention. The Committee notes that section 6(2) of the Factories (Health, Safety and Welfare) Regulations lays down the sanctions that are applicable to persons who sell or hire machinery which does not respect the safety standards required by the Regulations.

The Committee notes that no provision prohibits the transfer in any other manner and exibition of dangerous machinery (Article 2, paragraph 2).

The Committee requests the Government to indicate the measures that have been taken or are envisaged in order to give effect to the Convention in this respect.

Article 2, paragraph 4. The Committee notes that the list of dangerous parts requiring guards is incomplete in relation to the provisions of the Convention (Article 2, paragraph 4).

The Committee requests the Government to indicate the measures that have been taken or are envisaged to ensure that, in accordance with the Convention, as a minimum, all the parts listed in the Convention are mentioned in the relevant provisions of the Regulations.

Article 6. The Committee notes that section 7(3) of the Factories (Health, Safety and Welfare) Regulations excludes from the scope of their provisions on the use of dangerous machinery any machinery which has been sold or hired before the coming into force of the Regulations.

The Committee requests the Government to indicate the measures that have been taken or are envisaged in order to prohibit, in accordance with the Convention, the use of machinery any dangerous part of which, including the point of operation, is without appropriate guards.

Article 7. The Committee notes that no provision in the Factories (Health, Safety and Welfare) Regulations imposes upon the employer the specific obligation to ensure compliance with the provisions relating to the use of dangerous machinery. Nevertheless, the Committee notes that sections 49 and 61 to 63 of the above Regulations provide, respectively, for the general obligation of the employer to take the necessary measures to ensure the health, safety and welfare at work of all employees and set out the sanctions that are applicable in the event of any contravention.

The Committee requests the Government to supply information on the effect given in practice to sections 49 and 61 of the Factories (Health, Safety and Welfare) Regulations, and in particular on the number of offences reported and the sanctions imposed for contraventions of the employer's obligations relating to the use of dangerous machinery.

Article 10. The Committee notes that section 49(4) of the Factories (Health, Safety and Welfare) Regulations impose upon the employer the duty of informing the employees of the dangers to which they are exposed and the precautions to be observed.

Under the terms of Article 10 of the Convention, this information shall also include national laws or regulations relating to the guarding of machinery.

The Committee requests the Government to indicate the measures that have been taken or are envisaged to bring national laws or regulations relating to the guarding of machinery to the notice of workers.