Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Guarding of Machinery Convention, 1963 (No. 119) - Iraq (Ratification: 1987)

Legislation. The Committee refers to the information from the Government that the draft Labour Code is being examined and will be adopted reasonably soon. The Committee hopes that the draft Labour Code will be adopted in the very near future and requests that a copy be sent to the Office as soon as it has been adopted.

Article 2 of the Convention. National laws or regulations, or other equally effective measures, prohibiting the sale, hire or transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. The Committee notes the information in the Government’s report that the inspection teams that report to the Occupational Health and Safety Centre visit the field regularly to carry out danger assessments of the tools and machinery used in workplaces and determine appropriate guards to avoid the accidents to which workers may be exposed. The Committee points out that under this Article of the Convention, the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards must be prohibited by national laws or regulations or prevented by other equally effective measures. The Committee requests the Government to take the necessary steps to give full effect to this Article of the Convention.

Article 4. Obligations on the vendor, the person letting out on hire or transferring the machinery or the exhibitor or their respective agents. The Committee notes that the Government provides no information on the effect given to this Article of the Convention. It urges the Government to take the necessary steps to establish expressly in national legislation the liability of the groups of persons set out in this Article of the Convention.

Articles 6 and 7. Prohibition of the use of unguarded machinery. Liability of the employer. The Committee notes that the Government’s report provides no specific information on the matter raised in its previous comments. The Government indicates that the National Occupational Health and Safety Centre has drawn up awareness-raising programmes and that display panels have been installed in workplaces to avert occupational accidents and diseases. It also indicates that where no national standards exist in this area, international standards apply. The Committee points out that the use of machinery without appropriate guards must be prohibited and that the legislation must expressly establish that the obligation to ensure compliance with the prohibition must rest on the employer, in accordance with Articles 6 and 7 of the Convention. The Committee again asks the Government to indicate the measures taken or envisaged to prohibit or prevent the use of machinery the dangerous parts of which are without appropriate guards. It also asks the Government to provide information on the effect given to Articles 6 and 7 of the Convention.

Article 10. Information and instructions to be given to the workers. The Committee notes the Government’s reply that the employers’ obligations regarding environmental conditions are set in sections 107, 108 and 110 of the Labour Code. The Government also indicates that Instruction No. 22 of 1987 imposes an obligation on the employer to affix a warning notice on machinery pointing out its dangers and the means of avoiding them. The Committee points out that according to Article 10(1) of the Convention, employers must not only instruct workers appropriately regarding the dangers arising from and the precautions to be observed in the use of machinery, but must also bring to their notice national laws or regulations relating to the guarding of machinery. The Committee requests the Government to continue to provide information on the effect given to Article 10 of the Convention.

Article 15. Appropriate penalties and inspection. The Committee notes that the Government refers to section 110 of the Labour Code establishing penalties for breach of the safety and health prescriptions, such as the closure of the workplace. The Government also indicates the tripartite committees are responsible for taking the necessary steps to ensure appropriate inspection. The Committee requests the Government to continue to provide information on the measures taken to ensure that appropriate inspection services are provided for the purpose of supervising the application of the Convention.

Part V of the report form. Application in practice. The Committee notes that the Government’s report contains no information on the application of the Convention in practice. It requests the Government once again to give a general appreciation of the manner in which the Convention is applied in practice, and to include relevant extracts from reports of the inspection services together with information on the number of workers covered by the legislation, the number and nature of infringements reported and the action taken.