Guarding of Machinery Convention, 1963 (No. 119) - Malta (Ratification: 1988)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of ratified conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 62 (safety provisions (building)), 119 (guarding of machinery), 127 (maximum weight), 136 (benzene) and 148 (working environment (air pollution, noise and vibration)) together.

Article 15(2) of Convention No. 119, Article 8 of Convention No. 127, Article 14(c) of Convention No. 136, and Article 16 of Convention No. 148. Activities of the Occupational Health and Safety Authority to ensure compliance. The Committee notes that in reply to its previous request concerning details on the inspection activities conducted by the Occupational Health and Safety Authority (OHSA),the Government provides information, in its report, on the number of workplaces inspected, violations recorded, administrative fines issued and collected, and judicial proceedings initiated and closed for 2019 and 2020. The Committee also notes that as part of an increase of inspection activities in warehouses, the OHSA report of 2019 indicates that a total of 79 warehousing facilities were inspected, of which, 67 employed five or more workers and were therefore required to keep a written record of their risk assessment. According to the OHSA report, only 39 per cent of these 67 warehouses were found to be compliant with this obligation, while only 40 per cent of the companies inspected ensured the appointment of workers’ health and safety representatives. In addition, of all the warehouses inspected, 59 had fork-lift trucks, in 29 per cent of which no valid examination report was carried out by a competent body. The Committee requests the Government to continue to provide information on the implementation of the ratified occupational safety and health Conventions, including statistical information on the inspections conducted by the OHSA and on the activities undertaken to address the shortcomings identified.

1.Protection against specific risks

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 11(3) of the Convention. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution is medically inadvisable. In its previous comment, the Committee requested the Government to indicate how it is ensured in practice that occupational diseases resulting from exposure to air pollution are recognized, with a view to ensuring that workers whose continued assignment to work involving exposure to air pollution is medically inadvisable are provided with suitable alternative employment or that measures are taken so as to maintain their income through social security. The Committee notes that the Government’s report provides information on the eligibility to social security benefits of workers that suffer from an occupational disease associated with a respiratory illness. In addition, the Committee notes that the OHSA report indicates that during 2019, OHSA’s occupational physician was involved in investigating a number of cases of workers’ diseases to determine whether their cause was occupational or otherwise. The Committee also notes that the OHSA report does not contain information on the number of occupational diseases reported by physicians, medical personnel and/or employers. The Committee requests the Government to provide information on the number of workers whose continued assignment to work involving exposure to air pollution is medically inadvisable, and on the number who were provided with suitable alternative employment or measures which were taken to maintain their income through social security.

2.Protection in specific branches of activity

Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee recalls once again that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group, confirmed the classification of the Safety Provisions (Building) Convention, 1937 (No. 62) as an outdated instrument, and has placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to undertake follow-up action to actively encourage the ratification of the up-to-date instrument concerning the Safety and Health in Construction Convention, 1988 (No. 167), and recommended to offer technical assistance to those countries requiring most support. The Committee therefore once again encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider ratifying Convention No. 167. The Committee reminds the Government of the possibility of availing itself of the technical assistance of the Office in this regard.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 62 (safety provisions (building)), 119 (guarding of machinery), 127 (maximum weight), 136 (benzene) and 148 (working environment (air pollution, noise and vibration)) together.

Article 15(2) of Convention No. 119, Article 8 of Convention No. 127, Article 14(c) of Convention No. 136, and Article 16 of Convention No. 148. Activities of the Occupational Health and Safety Authority to ensure compliance. In its previous comment on the application of Convention No. 148, the Committee noted the Government’s reference to research published by the Occupational Health and Safety Authority in 2011 indicating shortcomings with regard to the training of workers in the area of Occupational Safety and Health (OSH), the coverage of workers by medical examinations, the access of workers to health and safety representatives, and the carrying out of risk assessments by employers. The Committee notes that the Government indicates in its report on the application of Convention No. 148, in response to the Committee’s request, that improvements of OSH levels can only be realized through enforcement and awareness-raising activities, with the involvement of the social partners. The Committee notes that the 2018 annual report of the Occupational Health and Safety Authority contains information on awareness-raising activities and inspection visits undertaken by the Authority, including in relation to several of the observed shortcomings in 2011. It also notes from the same report that the injury and fatality rates have seen a downward trend in recent years. The Committee requests the Government to continue to provide information on the implementation of the ratified OSH Conventions. In this respect, it requests the Government to provide statistical information on the number of inspections undertaken, and the number of violations detected in the specific areas previously identified as shortcomings, as well as any measures taken by the Occupational Health and Safety Authority as a result.

Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Articles 6 and 7 of the Convention. Prohibition by national laws and regulations of the use of machinery without appropriate guards. Compliance by employers with those provisions. The Committee notes the Government’s reference in its report, in response to the Committee’s request, concerning the legal provisions which require the provision of appropriate guards for the use of dangerous parts of machinery. The Committee also notes, from the 2018 Report of Activities of the Occupational Health and Safety Authority, the information on inspections undertaken to ensure that employers comply with their obligations as regards machinery and equipment. The Committee takes note of this information.

Maximum Weight Convention, 1967 (No. 127)

Article 3 of the Convention. Manual transport of a load likely to jeopardize the health and safety of the worker. The Committee notes that the Government, in response to its previous request, states that, in accordance with the Protection against Risks of Back Injury at Work Places Regulations, 2003 determining the weight that may be lifted by a worker requires a risk assessment by the employer, in consultation with the workers. It notes that pursuant to section 4(3)(4) and (5) of the Regulations, employers shall take into account the worker’s capabilities as regards health and safety, as well as the worker’s medical fitness to carry out the assigned task, make necessary arrangements for the health surveillance of workers, and take all measures and precautions so as to protect groups particularly sensitive to risks. In this respect, employers shall consider the individual risk factors as laid down in Schedules I and II of the Regulations. The Committee takes note of this information.

Benzene Convention, 1971 (No. 136)

Article 6(3) of the Convention. The Committee notes the Government’s indication, in response to its previous request, that the Occupational Health and Safety Authority ensures (through inspection, enforcement and awareness initiatives) that duty holders take measures to ensure compliance with the national legislation on maximum limits of concentrations of benzene in workplaces. The Committee also notes that the Government, in response to the Committee’s request, indicates that the Occupational Health and Safety Authority has not issued directions on how to carry out measurements of the concentration of benzene within the workplace, but that it relies on international methodologies for this purpose. The Committee takes note of this information.

Application of the Convention in practice. The Committee notes the Government’s indication, in reply to its request, that the number of workplaces in the country where benzene is used is very small and that such use is only undertaken in laboratory facilities, normally involving analytical testing.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 2. Extension of the obligations of the Convention with respect to other categories of hazards. The Committee recalls that upon ratification, the Government only accepted the obligations of the Convention as regards the hazard of air pollution. The Committee notes the Government’s reference, in response to the previous Committee’s request, to the specific legislation in force as regards protection from hazards related to noise and vibration. In view of the existing legislation covering these categories of hazards, the Committee reminds the Government of the possibility of sending a formal notification to the Director General of the International Labour Office that it accepts the obligations of the Convention in respect of the categories previously excluded, in accordance with Article 2(3) of the Convention.

Article 4. National laws or regulations regarding air pollution. The Committee notes the Government’s reference, in response to its request, to the legislation on the protection from different forms of air pollution.

Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution is medically inadvisable. The Committee notes from section 36(15) of the Employment and Industrial Relations Act that workers are entitled to employment injury benefits in relation to a number of occupational diseases resulting from air pollution as listed in the Social Security Act. It further notes that, in accordance with section 35(16) of the Employment and Industrial Relations Act, employers shall find suitable employment where the disease has caused a disability rendering the employee unfit for their former employment. In this respect, the Committee recalls that it previously noted that research by the Occupational Health and Safety Authority indicated that a number of workers were not covered by medical examinations. It further notes from the 2018 report of the Occupational Health and Safety Authority (available on the website of that entity) that certain suspected cases of occupational diseases under the Social Security Act remain unnotified by medical practitioners or by employers. The Committee requests the Government to provide information on how it is ensured in practice that occupational diseases resulting from exposure to air pollution are recognized with a view to ensuring that workers, whose continued assignment to work involving exposure to air pollution is medically inadvisable, are provided with suitable alternative employment or that measures are taken so as to maintain their income through social security measures in accordance with Article 11(3) of the Convention.

Protection in specific branches of activity

Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group, confirmed the classification of the Safety Provisions (Building) Convention, 1937 (No. 62) as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to undertake follow-up action to actively encourage the ratification of the up-to-date instrument concerning the Safety and Health in Construction Convention, 1988 (No. 167), and recommended to offer technical assistance to those countries requiring most support. The Committee therefore encourages the Government to follow-up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider ratifying Convention No. 167. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 6 of the Convention. Prohibition by national laws and regulations of the use of machinery without appropriate guards. Noting that the Government’s report contains no reply to its previous comments, the Committee requests the Government, once again, to indicate the measures that have been taken or are envisaged in order to prohibit, in accordance with the Convention, the use of machinery any dangerous part of which, including the point of operation, is without appropriate guards.

Article 7. Employer’s duty to ensure compliance. The Committee notes the information concerning the effect given in practice to the Occupational Health and Safety Authority and Act 2000 (Act No. XXVII of 2000), and in particular the statement that there are few offences reported and sanctions imposed for contraventions of the employers’ obligations relating to the use of dangerous machinery. It notes the Government’s statement that one of the problems is that machinery is often second-hand. The Committee requests the Government to indicate measures taken or envisaged to ensure employers’ obligations under Article 7 for second-hand machinery.

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

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It is therefore bound to repeat its previous comments.

Repetition

Article 6 of the Convention. Prohibition by national laws and regulations of the use of machinery without appropriate guards. Noting that the Government’s report contains no reply to its previous comments, the Committee requests the Government, once again, to indicate the measures that have been taken or are envisaged in order to prohibit, in accordance with the Convention, the use of machinery any dangerous part of which, including the point of operation, is without appropriate guards.

Article 7. Employer’s duty to ensure compliance. The Committee notes the information concerning the effect given in practice to the Occupational Health and Safety Authority and Act 2000 (Act No. XXVII of 2000), and in particular the statement that there are few offences reported and sanctions imposed for contraventions of the employers’ obligations relating to the use of dangerous machinery. It notes the Government’s statement that one of the problems is that machinery is often second-hand. The Committee requests the Government to indicate measures taken or envisaged to ensure employers’ obligations under Article 7 for second-hand machinery.

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

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

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

Repetition

Article 6 of the Convention. Prohibition by national laws and regulations of the use of machinery without appropriate guards. Noting that the Government’s report contains no reply to its previous comments, the Committee requests the Government, once again, to indicate the measures that have been taken or are envisaged in order to prohibit, in accordance with the Convention, the use of machinery any dangerous part of which, including the point of operation, is without appropriate guards.

Article 7. Employer’s duty to ensure compliance. The Committee notes the information concerning the effect given in practice to the Occupational Health and Safety Authority and Act 2000 (Act No. XXVII of 2000), and in particular the statement that there are few offences reported and sanctions imposed for contraventions of the employers’ obligations relating to the use of dangerous machinery. It notes the Government’s statement that one of the problems is that machinery is often second-hand. The Committee requests the Government to indicate measures taken or envisaged to ensure employers’ obligations under Article 7 for second-hand machinery.

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

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided concerning effect given to Article 10 of the Convention.

The Committee notes with regret that the Government has not replied to its comments concerning Articles 6 and 7 that it has been repeating since 1992. The Committee must therefore reiterate its previous requests which were drafted as the following:

Article 6 of the Convention. Prohibition by national laws and regulations of the use of machinery without appropriate guards. Noting that the Government’s report contains no reply to its previous comments, the Committee requests the Government, once again, to indicate the measures that have been taken or are envisaged in order to prohibit, in accordance with the Convention, the use of machinery any dangerous part of which, including the point of operation, is without appropriate guards.

Article 7. Employer’s duty to ensure compliance. The Committee notes the information concerning the effect given in practice to the Occupational Health and Safety Authority and Act 2000 (Act No. XXVII of 2000), and in particular the statement that there are few offences reported and sanctions imposed for contraventions of the employers’ obligations relating to the use of dangerous machinery. It notes the Government’s statement that one of the problems is that machinery is often second-hand. The Committee requests the Government to indicate measures taken or envisaged to ensure employers’ obligations under Article 7 for second-hand machinery.

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

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 6 of the Convention. Prohibition by national laws and regulations of the use of machinery without appropriate guards. Noting that the Government’s report contains no reply to its previous comments, the Committee requests the Government, once again, to indicate the measures that have been taken or are envisaged in order to prohibit, in accordance with the Convention, the use of machinery, any dangerous part of which, including the point of operation, is without appropriate guards.

Article 7. Employer’s duty to ensure compliance. The Committee notes the information concerning the effect given in practice to the Occupational Health and Safety Authority and Act 2000 (Act No. XXVII of 2000), and, in particular, the statement that there are few offences reported and sanctions imposed for contraventions of the employers’ obligations relating to the use of dangerous machinery. It notes the Government’s statement that one of the problems is that machinery is often second-hand. The Committee requests the Government to indicate measures taken or envisaged to ensure employers’ obligations under Article 7 for second-hand machinery.

Article 10. Employer’s duty to bring national laws and regulations relating to the guarding of machinery to the notice of workers. With reference to its previous comments concerning the employer’s duty to inform the workers of the dangers to which they are exposed, as stipulated in section 49(4) of the Factories (Health, Safety and Welfare) Act, and the employer’s duty to provide such information and instruction, in accordance with section 6, paragraph (3), of the Occupational Health and Safety Authority Act 2000, the Committee notes that this information shall also include national laws or regulations relating to the guarding of machinery. It requests the Government to provide information on the practical application on the measures taken to bring national laws or regulations relating to the guarding of machinery to the notice of workers.

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

1. The Committee notes the information contained in the Government’s report. It notes in particular the information related to the application of Article 2, paragraphs 2 and 4, of the Convention.

2. Article 6. Prohibition by national laws and regulations of the use of machinery without appropriate guards. Noting that the Government’s report contains no reply to its previous comments, the Committee requests the Government, once again, to indicate the measures that have been taken or are envisaged in order to prohibit, in accordance with the Convention, the use of machinery, any dangerous part of which, including the point of operation, is without appropriate guards.

3. Article 7. Employer’s duty to ensure compliance. The Committee notes the information concerning the effect given in practice to the Occupational Health and Safety Authority and Act 2000 (Act No. XXVII of 2000), and, in particular, the statement that there are few offences reported and sanctions imposed for contraventions of the employers’ obligations relating to the use of dangerous machinery. It notes the Government’s statement that one of the problems is that machinery is often second-hand, the Committee requests the Government to indicate measures taken or envisaged to ensure employers’ obligations under Article 7 for second-hand machinery.

4. Article 10. Employer’s duty to bring national laws and regulations relating to the guarding of machinery to the notice of workers. With reference to its previous comments concerning the employer’s duty to inform the workers of the dangers to which they are exposed, as stipulated in section 49(4) of the Factories (Health, Safety and Welfare) Act, and the employer’s duty to provide such information and instruction, in accordance with section 6, paragraph (3), of the Occupational Health and Safety Authority Act 2000, the Committee notes that this information shall also include national laws or regulations relating to the guarding of machinery. It requests the Government to provide information on the practical application on the measures taken to bring national laws or regulations relating to the guarding of machinery to the notice of workers.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the information contained in the Government’s report for the period ending 31 May 2002. The Committee notes the adoption of the Occupational Health and Safety Authority Act 2000 (Act No. XXVII of 2000).

Article 2, paragraph 2, of the Convention. With reference to its previous comments, the Committee notes that in accordance with article 15, paragraph (1), letter (j), the Occupational Health and Safety Officers can require any employer, agent, manufacturer, importer, supplier, user or other person to provide at their expense any document, certificate or list of technical specification in relation to any matter concerning occupational health and safety, the methods of handling or use of any plant, installation, equipment, machinery which is used or oriented to be used at work. These requirements do not seem to cover the case of the transfer in any other manner and exhibition of dangerous machinery. The Committee requests the Government to indicate the measures that have been taken or are envisaged in order to give effect to the Convention in this respect.

Article 2, paragraph 4. The Committee notes that the Government’s latest report contains no reply to its previous comments and requests, once again, the Government to indicate the measures that have been taken or are envisaged in order to ensure that all the dangerous parts requiring guards, listed in the Convention, are mentioned in the relevant provisions of the regulations.

Article 6. Noting that the Government’s report contains no reply to its previous comments the Committee requests the Government, once again, to indicate the measures that have been taken or are envisaged in order to prohibit, in accordance with the Convention, the use of machinery any dangerous part of which, including the point of operation, is without appropriate guards.

Article 7. The Committee notes the information concerning the employers’ duties arising out of Act 2000. The Committee requests the Government to supply on the effect given in practice to Act 2000, and in particular the number of offences reported and the sanctions imposed for contraventions of the employers’ obligations relating to the use of dangerous machinery.

Article 10. With reference to its previous comments concerning the employer’s duty to inform the employees of the dangers to which they are exposed, as it stipulates in section 49(4) of the Factories (Health, Safety and Welfare), the Committee notes that article 6, paragraph (3), of the Occupational Health and Safety Authority Act 2000 establishes the duty of an employer to provide such information and instruction as is required to ensure occupational safety and health. Under the terms of this Articleof the Convention, this information shall also include national laws or regulations relating to the guarding of machinery.

The Committee requests the Government to indicate the measures that have been taken or are envisaged to bring national laws or regulations relating to the guarding of machinery to the notice of workers.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. The Committee noted, from the Government's report of 1992, that a police licence is required to operate any workshop to set up any business office and shop in the country; that a safety officer of the Department of Labour takes the opportunity to visit a future business office or shop and to ensure that the provisions of the factory safety legislation are complied with, including the provision that all machinery is properly guarded and that every precaution is taken by the prospective employer to safeguard the safety of his prospective employees.

The Committee also takes note of the Government intention to revise the factory safety legislation and to reorganize the occupational health and safety services with the object of improving and updating such services in accordance with the present day requirements of industry and that in view of the recommendations of the Committee arrangements are being made with the Safety Unit to include separately contraventions relating to the guarding of machines. The Committee hopes that the revised factory safety legislation would give effect to all provisions of the Convention including those which are mentioned below.

2. The Committee noted that the Government's latest reports contain no concrete information in reply to its questions concerning the application of some of the provisions of the Convention. The Committee would be grateful if the Government would supply in its next report information on the following points:

Article 2, paragraph 2, of the Convention. The Committee has noted that section 6(2) of the Factories (Health, Safety and Welfare) Regulations lays down the sanctions that are applicable to persons who sell or hire machinery which does not respect the safety standards required by the Regulations.

The Committee has noted that no provision prohibits the transfer in any other manner and exhibition of dangerous machinery (Article 2, paragraph 2).

The Committee requests the Government to indicate the measures that have been taken or are envisaged in order to give effect to the Convention in this respect.

Article 2, paragraph 4. The Committee has noted that the list of dangerous parts requiring guards is incomplete in relation to the provisions of the Convention (Article 2, paragraph 4).

The Committee requests the Government to indicate the measures that have been taken or are envisaged to ensure that, in accordance with the Convention, as a minimum, all the parts listed in the Convention are mentioned in the relevant provisions of the Regulations.

Article 6. The Committee has noted that section 7(3) of the Factories (Health, Safety and Welfare) Regulations excludes from the scope of their provisions on the use of dangerous machinery any machinery which has been sold or hired before the coming into force of the Regulations.

The Committee requests the Government to indicate the measures that have been taken or are envisaged in order to prohibit, in accordance with the Convention, the use of machinery any dangerous part of which, including the point of operation, is without appropriate guards.

Article 7. The Committee has noted that no provision in the Factories (Health, Safety and Welfare) Regulations imposes upon the employer the specific obligation to ensure compliance with the provisions relating to the use of dangerous machinery. Nevertheless, the Committee has noted that sections 49 and 61 to 63 of the above Regulations provide, respectively, for the general obligation of the employer to take the necessary measures to ensure the health, safety and welfare at work of all employees and set out the sanctions that are applicable in the event of any contravention.

The Committee requests the Government to supply information on the effect given in practice to sections 49 and 61 of the Factories (Health, Safety and Welfare) Regulations, and in particular on the number of offences reported and the sanctions imposed for contraventions of the employer's obligations relating to the use of dangerous machinery.

Article 10. The Committee has noted that section 49(4) of the Factories (Health, Safety and Welfare) Regulations imposed upon the employer the duty of informing the employees of the dangers to which they are exposed and the precautions to be observed.

Under the terms of Article 10 of the Convention, this information shall also include national laws or regulations relating to the guarding of machinery.

The Committee requests the Government to indicate the measures that have been taken or are envisaged to bring national laws or regulations relating to the guarding of machinery to the notice of workers.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee takes note of the information supplied by the Government in its latest reports.

1. The Committee notes, from the Government's report of 1992, that a police licence is required to operate any workshop to set up any business office and shop in the country; that a safety officer of the Department of Labour takes the opportunity to visit a future business office or shop and to ensure that the provisions of the factory safety legislation are complied with, including the provision that all machinery is properly guarded and that every precaution is taken by the prospective employer to safeguard the safety of his prospective employees.

The Committee also takes note of the Government intention to revise the factory safety legislation and to reorganize the occupational health and safety services with the object of improving and updating such services in accordance with the present day requirements of industry and that in view of the recommendations of the Committee arrangements are being made with the Safety Unit to include separately contraventions relating to the guarding of machines. The Committee hopes that the revised factory safety legislation would give effect to all provisions of the Convention including those which are mentioned below.

2. The Committee notes that the Government's latest reports contain no concrete information in reply to its questions concerning the application of some of the provisions of the Convention. The Committee would be grateful if the Government would supply in its next report information on the following points:

Article 2, paragraph 2, of the Convention. The Committee has noted that section 6(2) of the Factories (Health, Safety and Welfare) Regulations lays down the sanctions that are applicable to persons who sell or hire machinery which does not respect the safety standards required by the Regulations.

The Committee has noted that no provision prohibits the transfer in any other manner and exhibition of dangerous machinery (Article 2, paragraph 2).

The Committee requests the Government to indicate the measures that have been taken or are envisaged in order to give effect to the Convention in this respect.

Article 2, paragraph 4. The Committee has noted that the list of dangerous parts requiring guards is incomplete in relation to the provisions of the Convention (Article 2, paragraph 4).

The Committee requests the Government to indicate the measures that have been taken or are envisaged to ensure that, in accordance with the Convention, as a minimum, all the parts listed in the Convention are mentioned in the relevant provisions of the Regulations.

Article 6. The Committee has noted that section 7(3) of the Factories (Health, Safety and Welfare) Regulations excludes from the scope of their provisions on the use of dangerous machinery any machinery which has been sold or hired before the coming into force of the Regulations.

The Committee requests the Government to indicate the measures that have been taken or are envisaged in order to prohibit, in accordance with the Convention, the use of machinery any dangerous part of which, including the point of operation, is without appropriate guards.

Article 7. The Committee has noted that no provision in the Factories (Health, Safety and Welfare) Regulations imposes upon the employer the specific obligation to ensure compliance with the provisions relating to the use of dangerous machinery. Nevertheless, the Committee has noted that sections 49 and 61 to 63 of the above Regulations provide, respectively, for the general obligation of the employer to take the necessary measures to ensure the health, safety and welfare at work of all employees and set out the sanctions that are applicable in the event of any contravention.

The Committee requests the Government to supply information on the effect given in practice to sections 49 and 61 of the Factories (Health, Safety and Welfare) Regulations, and in particular on the number of offences reported and the sanctions imposed for contraventions of the employer's obligations relating to the use of dangerous machinery.

Article 10. The Committee has noted that section 49(4) of the Factories (Health, Safety and Welfare) Regulations imposed upon the employer the duty of informing the employees of the dangers to which they are exposed and the precautions to be observed.

Under the terms of Article 10 of the Convention, this information shall also include national laws or regulations relating to the guarding of machinery.

The Committee requests the Government to indicate the measures that have been taken or are envisaged to bring national laws or regulations relating to the guarding of machinery to the notice of workers.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 2, paragraph 2, of the Convention. The Committee notes that section 6(2) of the Factories (Health, Safety and Welfare) Regulations lays down the sanctions that are applicable to persons who sell or hire machinery which does not respect the safety standards required by the Regulations.

The Committee notes that no provision prohibits the transfer in any other manner and exibition of dangerous machinery (Article 2, paragraph 2).

The Committee requests the Government to indicate the measures that have been taken or are envisaged in order to give effect to the Convention in this respect.

Article 2, paragraph 4. The Committee notes that the list of dangerous parts requiring guards is incomplete in relation to the provisions of the Convention (Article 2, paragraph 4).

The Committee requests the Government to indicate the measures that have been taken or are envisaged to ensure that, in accordance with the Convention, as a minimum, all the parts listed in the Convention are mentioned in the relevant provisions of the Regulations.

Article 6. The Committee notes that section 7(3) of the Factories (Health, Safety and Welfare) Regulations excludes from the scope of their provisions on the use of dangerous machinery any machinery which has been sold or hired before the coming into force of the Regulations.

The Committee requests the Government to indicate the measures that have been taken or are envisaged in order to prohibit, in accordance with the Convention, the use of machinery any dangerous part of which, including the point of operation, is without appropriate guards.

Article 7. The Committee notes that no provision in the Factories (Health, Safety and Welfare) Regulations imposes upon the employer the specific obligation to ensure compliance with the provisions relating to the use of dangerous machinery. Nevertheless, the Committee notes that sections 49 and 61 to 63 of the above Regulations provide, respectively, for the general obligation of the employer to take the necessary measures to ensure the health, safety and welfare at work of all employees and set out the sanctions that are applicable in the event of any contravention.

The Committee requests the Government to supply information on the effect given in practice to sections 49 and 61 of the Factories (Health, Safety and Welfare) Regulations, and in particular on the number of offences reported and the sanctions imposed for contraventions of the employer's obligations relating to the use of dangerous machinery.

Article 10. The Committee notes that section 49(4) of the Factories (Health, Safety and Welfare) Regulations impose upon the employer the duty of informing the employees of the dangers to which they are exposed and the precautions to be observed.

Under the terms of Article 10 of the Convention, this information shall also include national laws or regulations relating to the guarding of machinery.

The Committee requests the Government to indicate the measures that have been taken or are envisaged to bring national laws or regulations relating to the guarding of machinery to the notice of workers.