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

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

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.

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

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.

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

The Committee notes with interest the information provided by the Government in its latest report indicating recent legislative amendments, including the Machinery Safety Rules (Official Gazette of the Republic of Slovenia, No. 75/08), which give further effect to the provisions of the Convention. The Committee also notes the responses provided by the Government indicating effect given to Articles 2(1) and (2), 4, 6, 7, 10, 11, 12, 13 and 16 of the Convention. The Committee asks the Government to include a copy of the Machinery Safety Rules No. 75/08 with its next report and to continue to provide information on legislative measures undertaken with regard to the Convention.

Article 2, paragraphs 3 and 4, of the Convention. Provisions of national laws or regulations, or prevention by other equally effective measures, prohibiting the sale, hire, transfer in any other manner, and exhibition of machinery of which the dangerous parts are without appropriate guards. The Committee notes the information referring to section 7 of the Machinery Safety Rules, which requires the manufacturer or his authorized representative, before placing machinery on the market and/or putting it into service, to ensure that it satisfies the relevant essential health and safety requirements set out in annex I of these Rules. The Committee asks the Government to submit a copy of the abovementioned annex with its next report.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government with regard to the high number of irregularities related to safety devices, inscriptions and warnings in the construction industry and wood processing sector. The Committee asks 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.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s reports and the attached legislation, including the Health and Safety at Work Act (Official Gazette (OG) No. 56/99 and 64/01), the Order on Machinery Safety (Official Gazette No. 52/00 and 57/00) and the Rules on Health and Safety Requirements for the Use of Work Equipment (OG No. 89/99 and No.101/04).

2. As further detailed below, the Committee notes that the relevant legislation does not seem to contain provisions giving effect or full effect to some of the provisions of the Convention. The Government is requested to submit further information and clarifications as to whether and in what way effect has been given, or is envisaged to be given, to the following provisions of the Convention:

–      Article 2. Provisions of national laws or regulations, or prevention by other equally effective measures, prohibiting the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards;

–      Article 4. Measures ensuring compliance by the vendor, the person letting out on hire or transferring the machinery in any other manner, as well as the exhibitor with the provisions of Article 2;

–      Article 6. Provisions of national laws or regulations prohibiting the use of machinery, any dangerous part of which, including the point of operation, is without appropriate guards;

–      Article 7. Provisions establishing the Employer’s obligation to ensure compliance with the provisions of Article 6;

–      Article 10. Provisions providing for the Employer’s obligation to take steps to bring national laws or regulations relating to the guarding of machinery to the notice of workers and to instruct them;

–      Article 11. Measures ensuring that workers are not allowed to use and are not required to use any machinery without the guards provided being in position;

–      Article 12. Measures ensuring that workers’ rights under national social security or social insurance legislation are not affected;

–      Article 13. Measures ensuring the application to self-employed workers of the provisions relating to the obligations of employers and workers; and

–      Article 16. Measures ensuring the consultation with the most representative organizations of employers and workers concerned made during the preparation of national laws or regulations, giving effect to the provisions of this Convention.

3. Part V of the report form. Practical application of the Convention. The Committee asks the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention.