Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee refers to the first paragraph of its comments on the application of the Hygiene (Commerce and Offices) Convention, 1964 (No. 120), in which, among other indications, it notes the Government’s indication that it would be of great significance for it to continue to receive ILO technical assistance related to occupational safety and health as it has been observed that the workers, in particular, are not aware of the labour legislation in relation to the prevention of employment accidents and occupational diseases.

Articles 2 and 4 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. In its previous comments, the Committee noted that ILO assistance had been requested in 2006 for a revision of the provisions that are in force respecting occupational safety and health and to regulate and discuss, on a tripartite basis, matters relating to Articles 4 and 15 of the Convention. The Committee expressed the hope that, following revision, the national legislation would 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, and that the obligation to ensure compliance with the prohibition would 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 would establish penalties to give effect to the provisions of the Convention. The Committee notes the Government’s indication that the measures of application are only laid down in national regulations, but observes that the Government has not provided copies of these regulations. The Committee also notes that, according to the Government’s report, information is not available on the revision of the legislation referred to previously. The Committee requests the Government to: (a) provide information on the national regulations to which it refers in its report and which give effect to these Articles of the Convention; (b) adopt the necessary measures, where appropriate, to give full effect to these Articles of the Convention; and (c) indicate whether a revision is being undertaken of the legislation and provide details in this respect.

Part V of the report form. Application in practice. The Committee notes the information on the inspections carried out and the difficulties relating to the availability of resources. It also notes the attached copies of inspection forms provided by the Government, which contain a section on machinery and tools, in which it is necessary to indicate whether there are appropriate guards for the moving parts. The Committee requests the Government to provide information on the types of violations reported in relation to this part of the form that was provided and to continue to provide any available information on the application of the Convention in practice. The Committee requests the Government to provide information on the sectors in which the principal problems relating to the guarding of machinery have been identified.