Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Guarding of Machinery Convention, 1963 (No. 119) - Morocco (Ratification: 1974)

Article 11 of the Convention. The Committee refers to its previous comments in which it drew the Government's attention to the need to take measures to ensure that a worker may use or be required to use machinery without the guards provided being in position, and that no worker may make such guards inoperative. The Committee notes from the Government's report that the regulatory part of the draft Labour Code which would provide expressly that no worker may use machinery of which the guards are inoperative is dependent on the fate of the principal law which has been submitted to Parliament since July 1995. It further notes from the Government's report that if the prevailing differences of views that have to date delayed the adoption of this draft continue, a separate text that takes into account the comments of the Committee of Experts will be proposed to the competent authorities at the appropriate time.

The Committee trusts the Government will shortly take the necessary measures for the adoption of the relevant provisions, if necessary by means of a separate regulatory text, given the fact that the adoption of the draft Labour Code started at least ten years ago and given the difficulties mentioned by the Government that are delaying its adoption, and thus ensure the application of this Article of the Convention. It would be grateful if the Government would provide a copy of these provisions as soon as they have been adopted.

Article 17. The Committee recalls that for more than 21 years it has been drawing the Government's attention to the lack of any detailed measures to ensure the application of the provisions of the Convention to machinery used in agriculture. The Committee notes that the Government refers once again in its report to section 37 of the Dahir of 24 April 1973, which requires that agricultural machinery be installed and maintained in the best possible conditions of safety.

In this regard the Committee reiterates its previous comments that section 37 of the Dahir of 1973 is of a general nature and only partly applies the provisions of the Convention as regards this sector. It wishes to point out furthermore, that the prohibition of the sale, hire, transfer in any other manner and exhibition of such machinery is not in any way covered by this section as required by the Convention. The Committee trusts that the Government will take the necessary measures, possibly in the draft Labour Code now before Parliament, or in a separate regulatory text, pending the adoption of the draft Labour Code, in order to give full effect to the Convention on this point.

Point V of the report form. The Committee notes from the Government's report that, even though there were no inherent difficulties in national legislation that impeded the proper application of the Convention, there were difficulties arising from technical and technological changes encountered in the work world, that could amount to major obstacles to labour inspectors in their task of controlling occupational safety and health. It notes with interest the measures taken by the Government to overcome these difficulties which consisted of periodic training courses for labour inspectors, in particular in the area of occupational safety. The Committee wishes to underline and support the Government's wish for ILO technical assistance in: (a) the preparation of practical guidelines on machine utilization; (b) financing of apprenticeships in specialized training institutions; and (c) the organization of tripartite training seminars. The Committee hopes the Office would be in a position to respond to such request for technical assistance.