Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Guarding of Machinery Convention, 1963 (No. 119) - Paraguay (Ratification: 1967)

1. The Committee notes the information contained in the Government’s report. As the report does not contain replies to its previous comments, the Committee once again draws the Government’s attention to the following points.

2. Article 2, paragraphs 1 and 2, and Articles 4 and 15 of the Convention. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards and penalties. With reference to its previous comments, the Committee notes the information provided by the Government that enterprises which use machinery and/or equipment without protection are penalized. It also notes that ILO assistance has been requested in 2006 for a revision of the provisions that are in force respecting occupational safety and health to regulate and discuss on a tripartite basis matters relating to Articles 4 and 15 of the Convention. The Committee hopes that, following this revision, the national legislation will contain provisions explicitly prohibiting the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, providing that the obligation to ensure compliance with this prohibition shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and their respective agents, and establishing penalties to give effect to the provisions of the Convention. The Committee requests the Government to provide a copy of the revised text with its next report.

3. Part V of the report form. Application of the Convention in practice. The Committee notes the copy of the inspections carried out which was attached to the report. It notes that the report of the inspection in La Planta Industrial Siderúrgica “Aceros del Paraguay S.A. – CEPAR” bears little relation to the application of the Convention. It also notes that, according to the Government’s report, there are no precise statistical data for the period between 1 June 1999 and 31 May 2005. The Committee hopes that the Government will adopt the necessary measures to compile and communicate in its next report indications on the manner in which the Convention is applied in practice, and particularly statistical data on the number and nature of the infringements reported, the number, nature and cause of the accidents occurring, etc.