Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Guarding of Machinery Convention, 1963 (No. 119) - Nicaragua (Ratification: 1981)

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. Obligation of the Government to take measures to ensure that effect is given to these Articles of the Convention. With reference to its previous comments, the Committee notes the Government’s indications that those who purchase, sell, transfer and hire machinery establish the terms of such transactions in accordance with trade, commercial and civil law, but notes that the Government does not provide specific information on the sections of this legislation that give effect to the Convention. The Committee emphasizes that, although these transactions are carried out between individuals, it is up to the Government to take legislative or other equally effective measures necessary to ensure compliance with the Convention. The Committee therefore once again requests the Government to provide detailed information on the sections of the legislation that give effect to each paragraph of Articles 2 and 4 of the Convention, including information regarding the obligations of the vendor, the person letting out on hire or transferring the machinery, or the exhibitor, and on the prohibition contained in Article 2(1) of the Convention. The Committee also once again asks the Government to provide information on the application of these provisions in practice.

Competent authority and requirements. In its previous report, the Government referred to the ministerial regulations on the minimum safety and health requirements relating to work equipment published on 9 April 1996, section 3(a)(2) of which provides that work equipment made available to workers shall meet the safety requirements established by the competent administrative authority for the trade of work equipment. The Committee noted that this provision refers to “the safety requirements established by the competent administrative authority”. It requested the Government to provide a copy of the regulations on the safety requirements to which the Government refers in its report and information on the authorities responsible for monitoring the application of those regulations. Noting that the Government did not provide the information requested, the Committee once again requests it to provide information on the safety requirements established by the competent administrative authority to which the abovementioned ministerial regulations refer and to provide information on the authorities responsible for monitoring the application of those regulations.

Article 15(1). Enforcement measures and penalties. The Committee reiterates its request to the Government to provide information on the application of Article 15(1) of the Convention and in particular in relation to Articles 2 and 4.