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

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

1. The Committee notes the information contained in the Government’s report. It notes in particular the information related to the application of Article 2, paragraphs 2 and 4, of the Convention.

2. Article 6. Prohibition by national laws and regulations of the use of machinery without appropriate guards. 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.

3. Article 7. Employer’s duty to ensure compliance. The Committee notes the information concerning the effect given in practice to the Occupational Health and Safety Authority and Act 2000 (Act No. XXVII of 2000), and, in particular, the statement that there are few offences reported and sanctions imposed for contraventions of the employers’ obligations relating to the use of dangerous machinery. It notes the Government’s statement that one of the problems is that machinery is often second-hand, the Committee requests the Government to indicate measures taken or envisaged to ensure employers’ obligations under Article 7 for second-hand machinery.

4. Article 10. Employer’s duty to bring national laws and regulations relating to the guarding of machinery to the notice of workers. With reference to its previous comments concerning the employer’s duty to inform the workers of the dangers to which they are exposed, as stipulated in section 49(4) of the Factories (Health, Safety and Welfare) Act, and the employer’s duty to provide such information and instruction, in accordance with section 6, paragraph (3), of the Occupational Health and Safety Authority Act 2000, the Committee notes that this information shall also include national laws or regulations relating to the guarding of machinery. It requests the Government to provide information on the practical application on the measures taken to bring national laws or regulations relating to the guarding of machinery to the notice of workers.