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

Safety Provisions (Building) Convention, 1937 (No. 62) - Malta (Ratification: 1988)

The Committee notes with interest the Government's first and second reports and the attached legislation.

1. The Committee requests the Government to supply additional information in its next report on the provisions of the national law and regulations and on the measures taken in practice to give effect to the following provisions of the Convention:

Article 3(a). The requirement for the employer to bring to the notice of all persons concerned the laws or regulations ensuring the application of the General Rules set forth in Parts II to IV of the Convention.

Article 7, paragraph 4. The construction of scaffolds in such a way that no part thereof can be displaced.

Article 7, paragraph 5. The prohibition of the overloading of scaffolds and the even distribution of the load as far as practicable.

Article 7, paragraph 6. Precautions to ensure the strength and stability of the scaffolds before installing lifting gear.

Article 7, paragraph 7. The periodic inspection of scaffolds by a competent person.

Article 7, paragraph 8. The requirement for the employer to ensure, before allowing a scaffold to be used by his workmen, that it complies fully with the requirements of this Article of the Convention.

Article 8, paragraph 1. The rigidity and practicability of platforms, gangways and stairways.

Article 8, paragraph 2(a). Measures to ensure the safety of work when using platforms or gangways, and that they are closely boarded.

Article 10, paragraph 2. The secure fixing of every ladder and its sufficient length.

Article 10, paragraph 5. The prohibition of stacking or placing materials on site in such a way as to cause danger to any person.

Article 13, paragraph 1. The necessary qualifications for crane drivers.

Article 15, paragraph 3. Precautions to reduce the risk of any part of a suspended load becoming accidentally displaced.

Article 17. The provision of the necessary equipment and the adoption of the necessary steps for the prompt rescue of any person in danger when work is carried out in proximity to any place where there is a risk of drowning.

2. Article 6. The Committee notes the statistics supplied by the Government in its report on the total number of accidents in the construction industry over the past nine years. The Committee requests the Government to include in its next report information on the classification of the accidents which have occurred and on the number of persons occupied in the construction industry and covered by the statistics.

3. The Committee notes that the many provisions of sections 10 and 11 of the Building (Safety) Regulations, 1968, lay down the width of the various types of platforms used at the work site, as well as the appropriate devices (guard, rails, toe-boards and barriers) to suitably fence them. These give partial effect to the provisions of paragraph 2(b) and (c) of Article 8 of the Convention. The Committee requests the Government to indicate the provisions which determine the adequate width of gangways (paragraph 2(b)) and the measures which have been adopted to ensure that every working platform, working place and stairway shall be suitably fenced (paragraph 2(c)).

4. The Committee notes that the Government refers, in its first report, to section 11 of the Factories (Health, Safety and Welfare) Regulations as giving effect to Article 13, paragraph 2 of the Convention. It notes that section 11 referred to above by the Government only applies to the machinery listed in the schedule attached to the regulations. This machinery does not include cranes or hoisting machines. The Committee requests the Government to indicate in its report the provision of national law or regulations which applies Article 13, paragraph 2, of the Convention.