Guarding of Machinery Convention, 1963 (No. 119) - Iraq (Ratification: 1987)

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

The Committee notes the information provided by the Government in its report in reply to its previous request concerning Article 15 of the Convention on appropriate penalties and inspection.

Articles 2 and 4 of the Convention. National laws or regulations, or other equally effective measures, prohibiting the sale, hire or transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. Responsibility for ensuring compliance. The Committee notes the Government’s indication that measures have been taken to include the provisions of the Convention in the new Labour Code of 2015, under Chapter 13 concerning occupational safety and health and labour inspection. The Committee notes that section 114(9) of this Code provides that the safety of harmful machinery and equipment (boilers, lifts and cranes, etc.) shall be verified through reports that prove their safe operational suitability, drafted by the authorities formally authorized by the National Centre for Occupational Health and Safety in accordance with the instructions issued by the Minister. The Committee recalls that pursuant to Article 2 of the Convention, the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards must be prohibited by national laws or regulations or prevented by other equally effective measures. The Committee once again requests the Government to take all the necessary steps to give full effect to Article 2. Furthermore, the Committee requests the Government to provide information on all measures taken or envisaged in order to ensure that the vendor, the person letting out on hire or transferring the machinery, or the exhibitor are responsible for compliance with the obligations under Article 2 of the Convention, in conformity with Article 4.

Articles 6 and 7. Use of machinery. The Committee notes that pursuant to section 118(a) of the Labour Code, the employer undertakes to take the necessary measures to ensure on-the-job protection of workers against dangers posed by work and by machinery, which are harmful to their health. The Committee recalls that Article 6 of the Convention requires national laws or regulations to prohibit the use of machines whose dangerous parts are not provided with appropriate guards. Under Article 7, the obligation to ensure compliance with the provisions of Article 6 rests on the employer. The Committee therefore requests the Government to provide information on the legislative or regulatory measures taken to give effect to Article 6 of the Convention.

Application in practice. The Committee once again requests the Government to give a general appreciation of the manner in which the Convention is applied in practice, including the number and nature of infringements reported and the action taken.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Legislation. The Committee refers to the information from the Government that the draft Labour Code is being examined and will be adopted reasonably soon. The Committee hopes that the draft Labour Code will be adopted in the very near future and requests that a copy be sent to the Office as soon as it has been adopted.

Article 2 of the Convention. National laws or regulations, or other equally effective measures, prohibiting the sale, hire or transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. The Committee notes the information in the Government’s report that the inspection teams that report to the Occupational Health and Safety Centre visit the field regularly to carry out danger assessments of the tools and machinery used in workplaces and determine appropriate guards to avoid the accidents to which workers may be exposed. The Committee points out that under this Article of the Convention, the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards must be prohibited by national laws or regulations or prevented by other equally effective measures. The Committee requests the Government to take the necessary steps to give full effect to this Article of the Convention.

Article 4. Obligations on the vendor, the person letting out on hire or transferring the machinery or the exhibitor or their respective agents. The Committee notes that the Government provides no information on the effect given to this Article of the Convention. It urges the Government to take the necessary steps to establish expressly in national legislation the liability of the groups of persons set out in this Article of the Convention.

Articles 6 and 7. Prohibition of the use of unguarded machinery. Liability of the employer. The Committee notes that the Government’s report provides no specific information on the matter raised in its previous comments. The Government indicates that the National Occupational Health and Safety Centre has drawn up awareness-raising programmes and that display panels have been installed in workplaces to avert occupational accidents and diseases. It also indicates that where no national standards exist in this area, international standards apply. The Committee points out that the use of machinery without appropriate guards must be prohibited and that the legislation must expressly establish that the obligation to ensure compliance with the prohibition must rest on the employer, in accordance with Articles 6 and 7 of the Convention. The Committee again asks the Government to indicate the measures taken or envisaged to prohibit or prevent the use of machinery the dangerous parts of which are without appropriate guards. It also asks the Government to provide information on the effect given to Articles 6 and 7 of the Convention.

Article 10. Information and instructions to be given to the workers. The Committee notes the Government’s reply that the employers’ obligations regarding environmental conditions are set in sections 107, 108 and 110 of the Labour Code. The Government also indicates that Instruction No. 22 of 1987 imposes an obligation on the employer to affix a warning notice on machinery pointing out its dangers and the means of avoiding them. The Committee points out that according to Article 10(1) of the Convention, employers must not only instruct workers appropriately regarding the dangers arising from and the precautions to be observed in the use of machinery, but must also bring to their notice national laws or regulations relating to the guarding of machinery. The Committee requests the Government to continue to provide information on the effect given to Article 10 of the Convention.

Article 15. Appropriate penalties and inspection. The Committee notes that the Government refers to section 110 of the Labour Code establishing penalties for breach of the safety and health prescriptions, such as the closure of the workplace. The Government also indicates the tripartite committees are responsible for taking the necessary steps to ensure appropriate inspection. The Committee requests the Government to continue to provide information on the measures taken to ensure that appropriate inspection services are provided for the purpose of supervising the application of the Convention.

Part V of the report form. Application in practice. The Committee notes that the Government’s report contains no information on the application of the Convention in practice. It requests the Government once again to give a general appreciation of the manner in which the Convention is applied in practice, and to include relevant extracts from reports of the inspection services together with information on the number of workers covered by the legislation, the number and nature of infringements reported and the action taken.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that that Government’s most recent report does not contain any new information on the matters raised since 1996 concerning the application of the Convention. The Committee expresses the hope that the Government will take all necessary measures to ensure that relevant implementing legislation will be adopted in the near future and that the new legislative measures taken will provide an adequate response to the following previous comments of the Committee which in relevant parts read as follows:

Repetition

Article 2, paragraphs 1 and 2, of the Convention. The Committee notes that, under section 5 of Instructions No. 22 of 1987 relating to occupational safety and health, the employer must take measures designed to protect workers against hazards entailed in using machines and supply appropriate guards. The Committee recalls that these provisions of the Convention formally prohibit the sale, hire, transfer in any other manner and exhibition of machines of which the dangerous parts are without appropriate guards. The Committee requests the Government to indicate the measures taken or envisaged in order to give effect to these provisions.

Article 2, paragraphs 3 and 4. The Committee notes that national legislation contains no provisions giving effect to these paragraphs. Referring again to paragraphs 73–98 of its General Survey on safety in the working environment, the Committee indicates that it is essential for the proper application of Part II of the Convention that national legislation lists the parts of machines which are dangerous and require protection and that, until these parts have been determined, the prohibition to sell, hire, transfer in any other manner and exhibit dangerous machines, laid down in Article 2 will remain without effect. The Committee draws the Government’s attention to the fact that the list of dangerous parts must include at least all the parts enumerated in these provisions of the Convention.

Article 4. The Committee notes the reference made by the Government in its report to Instructions No. 22 of 1987, the framework in which the subject of this Article is covered. It notes that no provision in these Instructions makes it compulsory for the seller, hirer, person who transfers the machine in any other manner, the exhibitor, the manufacturer who sells, hires, transfers or exhibits machines to apply the provisions of Article 2 of the Convention. The Committee requests the Government to indicate the measures taken or envisaged with a view to giving effect to this provision of the Convention.

Article 6. The Committee notes that the Government refers to paragraph 7 of section 5 of Instructions No. 22 of 1987. It observes that the said paragraph contains only one provision of a general nature concerning occupational safety. The Committee observes that under this section the use of machines of which any of the dangerous parts, including the moving parts (operation zone), is not provided with appropriate guards must be formally prohibited by national legislation or prevented by other equally effective measures. The Committee requests the Government to indicate the measures taken or envisaged with a view to preventing the use of machines whose dangerous parts are not provided with appropriate guards.

Article 10. The Committee notes that the measures designed to ensure safety of workers during work and which must be taken by the employer in accordance with section 5 of Instructions No. 22 of 1987, include the formulation and posting up in a visible place instructions relating to occupational safety, specifying what workers must do and not do. The Committee requests the Government to indicate whether such instructions include (or must include) extracts from texts or references to national legislation concerning the guarding of machinery as required by this provision of the Convention.

Article 15. The Committee again requests the Government to indicate the measures for the purpose of supervising the application of the Convention (appropriate sanctions and inspection services).

Part V of the report form. Application in practice. The Committee notes the information that supervision of the application of the Convention is carried out by the inspection service and that sanctions are imposed by virtue of the provisions of the Labour Code. The Committee requests the Government to provide a general appreciation of the matter in which the Convention is applied in practice in the country, including extracts from official reports such as inspection reports and information on any practical difficulties in the application of the Convention.

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

[The Government is asked to reply in detail to the present comments in 2012.]

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

The Committee notes the effort made by the Government to fulfil its constitutional obligations by submitting a report on the application of this ratified Convention. The Committee notes, however, that this report does not contain any new information on the matters raised since 1996 concerning the application of the Convention. It also notes that the Government is in the process of amending its Labour Code, that technical assistance has been received from the ILO in this respect and that the amended text is being finalized. The Committee expresses the hope that the amended Labour Code, as well as any relevant implementing legislation, will be adopted in the near future and that the new legislative measures taken will provide an adequate response to the following previous comments of the Committee which in relevant parts read as follows:

Article 2, paragraphs 1 and 2, of the Convention. The Committee notes that, under section 5 of Instructions No. 22 of 1987 relating to occupational safety and health, the employer must take measures designed to protect workers against hazards entailed in using machines and supply appropriate guards. The Committee recalls that these provisions of the Convention formally prohibit the sale, hire, transfer in any other manner and exhibition of machines of which the dangerous parts are without appropriate guards. The Committee requests the Government to indicate the measures taken or envisaged in order to give effect to these provisions.

Article 2, paragraphs 3 and 4. The Committee notes that national legislation contains no provisions giving effect to these paragraphs. Referring again to paragraphs 73–98 of its General Survey on safety in the working environment, the Committee indicates that it is essential for the proper application of Part II of the Convention that national legislation lists the parts of machines which are dangerous and require protection and that, until these parts have been determined, the prohibition to sell, hire, transfer in any other manner and exhibit dangerous machines, laid down in Article 2 will remain without effect. The Committee draws the Government’s attention to the fact that the list of dangerous parts must include at least all the parts enumerated in these provisions of the Convention.

Article 4. The Committee notes the reference made by the Government in its report to Instructions No. 22 of 1987, the framework in which the subject of this Article is covered. It notes that no provision in these Instructions makes it compulsory for the seller, hirer, person who transfers the machine in any other manner, the exhibitor, the manufacturer who sells, hires, transfers or exhibits machines to apply the provisions of Article 2 of the Convention. The Committee requests the Government to indicate the measures taken or envisaged with a view to giving effect to this provision of the Convention.

Article 6. The Committee notes that the Government refers to paragraph 7 of section 5 of Instructions No. 22 of 1987. It observes that the said paragraph contains only one provision of a general nature concerning occupational safety. The Committee observes that under this section the use of machines of which any of the dangerous parts, including the moving parts (operation zone), is not provided with appropriate guards must be formally prohibited by national legislation or prevented by other equally effective measures. The Committee requests the Government to indicate the measures taken or envisaged with a view to preventing the use of machines whose dangerous parts are not provided with appropriate guards.

Article 10. The Committee notes that the measures designed to ensure safety of workers during work and which must be taken by the employer in accordance with section 5 of Instructions No. 22 of 1987, include the formulation and posting up in a visible place instructions relating to occupational safety, specifying what workers must do and not do. The Committee requests the Government to indicate whether such instructions include (or must include) extracts from texts or references to national legislation concerning the guarding of machinery as required by this provision of the Convention.

Article 15. The Committee again requests the Government to indicate the measures for the purpose of supervising the application of the Convention (appropriate sanctions and inspection services).

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information provided by the Government in its report.

Article 2, paragraphs 1 and 2, of the Convention. The Committee notes that, under section 5 of Instructions No. 22 of 1987 relating to occupational safety and health, the employer must take measures designed to protect workers against hazards entailed in using machines and supply appropriate guards. The Committee recalls that these provisions of the Convention formally prohibits the sale, hire, transfer in any other manner and exhibition of machines of which the dangerous parts are without appropriate guards.

The Committee requests the Government to indicate the measures taken or envisaged in order to give effect to these provisions.

Article 2, paragraphs 3 and 4. The Committee notes that national legislation contains no provisions giving effect to these paragraphs. Referring again to paragraphs 73 to 98 of its General Survey on Safety in the Working Environment, the Committee indicates that it is essential for the proper application of Part II of the Convention that national legislation lists the parts of machines which are dangerous and require protection and that, until these parts have been determined, the prohibition to sell, hire, transfer in any other manner and exhibit dangerous machines, laid down in Article 2 of the Convention, will remain without effect. The Committee draws the Government's attention to the fact that the list of dangerous parts must include at least all the parts enumerated in these provisions of the Convention.

Article 4. The Committee notes the reference made by the Government in its report to Instructions No. 22 of 1987, the framework in which the subject of this Article is covered. It notes that no provision in these Instructions makes it compulsory for the seller, hirer, person who transfers the machine in any other manner, the exhibitor, the manufacturer who sells, hires, transfers or exhibits machines to apply the provisions of Article 2 of the Convention.

The Committee requests the Government to indicate the measures taken or envisaged with a view to giving effect to this provision of the Convention.

Article 6. The Committee notes that the Government refers to paragraph 7 of section 5 of Instructions No. 22 of 1987. It observes that the said paragraph contains only one provision of a general nature concerning occupational safety. The Committee observes that under this section the use of machines of which any of the dangerous parts, including the moving parts (operation zone), is not provided with appropriate guards must be formally prohibited by national legislation or prevented by other equally effective measures.

The Committee requests the Government to indicate the measures taken or envisaged with a view to preventing the use of machines whose dangerous parts are not provided with appropriate guards.

Article 10. The Committee notes that the measures designed to ensure safety of workers during work and which must be taken by the employer in accordance with section 5 of Instructions No. 22 of 1987, include the formulation and posting up in a visible place instructions relating to occupational safety, specifying what workers must do and not do. The Committee requests the Government to indicate whether such instructions include (or must include) extracts from texts or references to national legislation concerning the guarding of machinery as required by this provision of the Convention.

Article 15. The Committee again requests the Government to indicate the measures for the purpose of supervising the application of the Convention (appropriate sanctions and inspection services).

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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, which read as follows:

The Committee has noted the information supplied by the Government in its first report.

The Committee has noted that the text supplied by the Government (Instructions No. 22 of 1987 respecting occupational health and safety) do not contain provisions that give effect to the Convention and requests the Government to supply information on the measures that have been taken or are envisaged to give effect to the following provisions of the Convention:

Article 2, paragraphs 1 and 2. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards.

Article 2, paragraphs 3 and 4. Enumeration of the dangerous parts of machinery which must be so designed, sunk or protected as to prevent danger.

The Committee refers to paragraphs 73 to 98 of its 1987 General Survey on Safety in the Working Environment in which it indicates that it is indispensable for the effective application of Part II of the Convention for national legislations to define the parts of machinery that are dangerous and require protection and that, if these parts have not been determined, the prohibition on the sale, hire, transfer and exhibition of dangerous machinery set out in Article 2 of the Convention will be without effect. It also emphasized that the list of dangerous parts should include as a minimum all those parts enumerated in Article 2, paragraphs 3 and 4, of the Convention.

Article 4. Obligation of the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and, where appropriate under national laws or regulations, their respective agents and the manufacturer, to apply the provisions of Article 2 of the Convention.

Article 6. Prohibition of the use of machinery any dangerous part of which is without appropriate guards.

Article 7. Obligation of the employer to ensure compliance with the prohibition to use machinery that is without appropriate guards (Article 6).

Article 10. Steps that the employer shall take to bring national laws or regulations relating to the guarding of machinery to the notice of workers and to instruct them, as and where appropriate, regarding the dangers arising and the precautions to be observed in the use of machinery.

Article 15, paragraphs 1 and 2. Measures designed to ensure the effective enforcement of the Convention (appropriate sanctions and inspection services).

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

The Committee notes the information supplied by the Government in its first report.

The Committee notes that the text supplied by the Government (Instructions No. 22 of 1987 respecting occupational health and safety) do not contain provisions that give effect to the Convention and requests the Government to supply information on the measures that have been taken or are envisaged to give effect to the following provisions of the Convention:

Article 2, paragraphs 1 and 2. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards.

Article 2, paragraphs 3 and 4. Enumeration of the dangerous parts of machinery which must be so designed, sunk or protected as to prevent danger.

The Committee refers to paragraphs 73 to 98 of its 1987 General Survey on Safety in the Working Environment in which it indicates that it is indispensable for the effective application of Part II of the Convention for national legislations to define the parts of machinery that are dangerous and require protection and that, if these parts have not been determined, the prohibition on the sale, hire, transfer and exhibition of dangerous machinery set out in Article 2 of the Convention will be without effect. It also emphasized that the list of dangerous parts should include as a minimum all those parts enumerated in Article 2, paragraphs 3 and 4, of the Convention.

Article 4. Obligation of the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and, where appropriate under national laws or regulations, their respective agents and the manufacturer, to apply the provisions of Article 2 of the Convention.

Article 6. Prohibition of the use of machinery any dangerous part of which is without appropriate guards.

Article 7. Obligation of the employer to ensure compliance with the prohibition to use machinery that is without appropriate guards (Article 6).

Article 10. Steps that the employer shall take to bring national laws or regulations relating to the guarding of machinery to the notice of workers and to instruct them, as and where appropriate, regarding the dangers arising and the precautions to be observed in the use of machinery.

Article 15, paragraphs 1 and 2. Measures designed to ensure the effective enforcement of the Convention (appropriate sanctions and inspection services).