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

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

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.