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

Guarding of Machinery Convention, 1963 (No. 119) - Madagascar (Ratification: 1964)

Articles 2 and 4 of the Convention. Obligations relating to the hire, transfer and exhibition of machinery. Legislation. Further to its previous comments, the Committee notes with regret the Government’s indication that no steps have been taken to revise Order No. 889 of 20 May 1960 establishing general measures for occupational hygiene and safety and health. In this regard, the Committee recalls that, under Article 4 of the Convention, the obligation to ensure compliance with the provisions of Article 2 shall rest on 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, on their respective agents. The Committee once again requests the Government to take all necessary measures without delay to ensure the application of Articles 2 and 4 of the Convention, prohibiting the vendor, the person letting out on hire or transferring the machinery in any other manner, the exhibitor or the manufacturer, to sell, let out on hire, transfer in any other manner or exhibit machinery without appropriate guards. The Committee also requests the Government to take the appropriate steps to include in the applicable legislation the list of dangerous parts of machinery specified in Article 2(3) and (4).

Articles 6 and 11. Prohibition on the use of machinery without appropriate guards. The Committee requests the Government to take measures to: (i) prohibit the use of machinery any dangerous part of which, including the point of operation, is without appropriate guards; (ii) prohibit the use of machinery by any worker without the guards provided being in position and prohibit any worker being required to use machinery without the guards provided being in position.

The Committee is raising other matters in a request addressed directly to the Government.