Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Guarding of Machinery Convention, 1963 (No. 119) - Slovenia (Ratification: 1992)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Legislation. The Committee notes the Government’s indication that numerous legislative changes have occurred since its last report, including the adoption of the Occupational Health and Safety Act (Official Gazette of the Republic of Slovenia, No. 43/11) which repeals the former Occupational Health and Safety Act and gives further effect to the provisions of the Convention, and the amendment of the Machinery Safety Rules (Nos 66/10 and 74/11). The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Article 2(3) and (4) of the Convention. Dangerous parts of machinery requiring guards. The Committee notes that Annex I of the Machinery Safety Rules, provided by the Government, contains essential health and safety requirements relating to the design and manufacture of equipment, namely with regard to the risks related to moving parts and moving transmission parts. Against this background, the Committee wishes to refer to its 1987 General Survey on safety in the working environment, paragraphs 82 et seq., in which it indicates that “it is essential for the effective application of Part II of the Convention that the national legislation designate those parts of machinery that present a danger and require appropriate guarding”, and that the initial definition of dangerous machinery and parts thereof, should as a minimum cover those parts enumerated in Article 2(3) and (4) of the Convention. The Committee notes that annex I of the Machinery Safety Rules does not include all the parts explicitly enumerated in Article 2 of the Convention. The Committee requests the Government to take all appropriate measures to include the list of dangerous parts of machinery, as contained in Article 2(3) and (4) of the Convention, in relevant laws and regulations.

Application of the Convention in practice. The Committee notes the information provided by the Government with regard to the high number of irregularities detected by the Labour Inspectorate in relation to the suitability of machinery and the examination and testing of work equipment, notably in the agricultural and construction sectors. The Committee requests the Government to provide information on measures taken or envisaged to address this high number of irregularities and to continue to provide information on the application of the Convention in practice.