Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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

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:

1. The Committee noted, from the Government's report of 1992, that a police licence is required to operate any workshop to set up any business office and shop in the country; that a safety officer of the Department of Labour takes the opportunity to visit a future business office or shop and to ensure that the provisions of the factory safety legislation are complied with, including the provision that all machinery is properly guarded and that every precaution is taken by the prospective employer to safeguard the safety of his prospective employees.

The Committee also takes note of the Government intention to revise the factory safety legislation and to reorganize the occupational health and safety services with the object of improving and updating such services in accordance with the present day requirements of industry and that in view of the recommendations of the Committee arrangements are being made with the Safety Unit to include separately contraventions relating to the guarding of machines. The Committee hopes that the revised factory safety legislation would give effect to all provisions of the Convention including those which are mentioned below.

2. The Committee noted that the Government's latest reports contain no concrete information in reply to its questions concerning the application of some of the provisions of the Convention. The Committee would be grateful if the Government would supply in its next report information on the following points:

Article 2, paragraph 2, of the Convention. The Committee has noted 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 has noted that no provision prohibits the transfer in any other manner and exhibition 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 has noted 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 has noted 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 has noted 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 has noted 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 has noted that section 49(4) of the Factories (Health, Safety and Welfare) Regulations imposed 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.