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

Guarding of Machinery Convention, 1963 (No. 119) - Madagascar (Ratification: 1964)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

The Committee notes the brief information in the Government’s latest report, indicating the adoption of a new Labour Code Law (No. 2003-044), which includes provisions requiring systems, equipment and construction materials to be subjected to compulsory safety standards, including monitoring, maintenance and systematic checks. The Committee further notes the Government’s intention to revise the safety and health provisions of Order No. 889 of 20 May 1960 to take into account the new Labour Code. The Committee reiterates, as it has done on previous occasions, its sincere hope that the Government will finally adopt the implementing texts which have been announced for a number of years in order to give effect to the provisions of Articles 2 and 4 of the Convention. It hopes that these legislative texts will contain provisions giving effect to Articles 2 and 4 of the Convention, which prohibit the sale, hire, transfer in any other manner or exhibition of machinery of which the dangerous parts specified in Article 2(3) and (4) are without appropriate guards, the obligation to ensure compliance with these prohibitions resting on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or manufacturer who sells, lets out on hire, transfers in any other manner, or exhibits machinery.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.