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

Guarding of Machinery Convention, 1963 (No. 119) - Iraq (Ratification: 1987)

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:

The Committee has noted the information supplied by the Government in its first report.

The Committee has noted that the text supplied by the Government (Instructions No. 22 of 1987 respecting occupational health and safety) do not contain provisions that give effect to the Convention and requests the Government to supply information on the measures that have been taken or are envisaged to give effect to the following provisions of the Convention:

Article 2, paragraphs 1 and 2. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards.

Article 2, paragraphs 3 and 4. Enumeration of the dangerous parts of machinery which must be so designed, sunk or protected as to prevent danger.

The Committee refers to paragraphs 73 to 98 of its 1987 General Survey on Safety in the Working Environment in which it indicates that it is indispensable for the effective application of Part II of the Convention for national legislations to define the parts of machinery that are dangerous and require protection and that, if these parts have not been determined, the prohibition on the sale, hire, transfer and exhibition of dangerous machinery set out in Article 2 of the Convention will be without effect. It also emphasized that the list of dangerous parts should include as a minimum all those parts enumerated in Article 2, paragraphs 3 and 4, of the Convention.

Article 4. Obligation of 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, their respective agents and the manufacturer, to apply the provisions of Article 2 of the Convention.

Article 6. Prohibition of the use of machinery any dangerous part of which is without appropriate guards.

Article 7. Obligation of the employer to ensure compliance with the prohibition to use machinery that is without appropriate guards (Article 6).

Article 10. Steps that the employer shall take to bring national laws or regulations relating to the guarding of machinery to the notice of workers and to instruct them, as and where appropriate, regarding the dangers arising and the precautions to be observed in the use of machinery.

Article 15, paragraphs 1 and 2. Measures designed to ensure the effective enforcement of the Convention (appropriate sanctions and inspection services).