Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee takes note of the information contained in the Government’s report for the period ending 31 May 2002. The Committee notes the adoption of the Occupational Health and Safety Authority Act 2000 (Act No. XXVII of 2000).

Article 2, paragraph 2, of the Convention. With reference to its previous comments, the Committee notes that in accordance with article 15, paragraph (1), letter (j), the Occupational Health and Safety Officers can require any employer, agent, manufacturer, importer, supplier, user or other person to provide at their expense any document, certificate or list of technical specification in relation to any matter concerning occupational health and safety, the methods of handling or use of any plant, installation, equipment, machinery which is used or oriented to be used at work. These requirements do not seem to cover the case of the transfer in any other manner and exhibition of dangerous machinery. 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 Government’s latest report contains no reply to its previous comments and requests, once again, the Government to indicate the measures that have been taken or are envisaged in order to ensure that all the dangerous parts requiring guards, listed in the Convention, are mentioned in the relevant provisions of the regulations.

Article 6. Noting that the Government’s report contains no reply to its previous comments the Committee requests the Government, once again, 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 the information concerning the employers’ duties arising out of Act 2000. The Committee requests the Government to supply on the effect given in practice to Act 2000, and in particular the number of offences reported and the sanctions imposed for contraventions of the employers’ obligations relating to the use of dangerous machinery.

Article 10. With reference to its previous comments concerning the employer’s duty to inform the employees of the dangers to which they are exposed, as it stipulates in section 49(4) of the Factories (Health, Safety and Welfare), the Committee notes that article 6, paragraph (3), of the Occupational Health and Safety Authority Act 2000 establishes the duty of an employer to provide such information and instruction as is required to ensure occupational safety and health. Under the terms of this Articleof 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.