Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Convention (n° 119) sur la protection des machines, 1963 - Nicaragua (Ratification: 1981)

The Committee notes the information provided by the Government in its latest reports for the years 2002 and 2004, and the ministerial standards and resolutions provided with these reports.

1. The Committee notes that, in its report for the period which ended in May 1997, the Government referred to many provisions of the national legislation of a general nature and which therefore give partial effect to the provisions of the Convention. For example, under paragraph 6, Annex I, of the Ministerial Standard on minimum health and safety provisions for equipment used at work, of 4 March 1996, where the moving parts of equipment (machines, apparatus, etc.) give rise to the risk of aggressive mechanical contact, they shall be equipped with guards or devices which prevent access to dangerous areas; and, in accordance with Annex II of the Ministerial Standard on minimum health and safety provisions for equipment used at work, equipment (including machines) shall not be used without the protective guards provided for the operation concerned (paragraph 1), it shall be ascertained that the protective devices and conditions for use are adequate before using equipment (paragraph 2) and the appropriate precautions shall be adopted and individual protective devices used when accessible dangerous elements cannot be totally protected. The Committee notes these provisions. It requests the Government to indicate the provisions of the national legislation or equally effective measures which ensure, in compliance with the Convention, the prohibition of the sale, hire, transfer in any other manner or exhibition (Articles 2 and 4) and the use (Articles 6 and 7) of machinery any dangerous part of which is without appropriate guards.

2. Article 11. The Committee notes that sections 4 and 5 of the Ministerial Standard on minimum health and safety provisions for equipment used at work, of 1992, provide, among other measures, for the obligation of workers to use equipment under conditions and in the manner which complies with specific instructions. The Committee recalls that, under this provision of the Convention, no worker shall use, or be required to use any machinery without the guards provided being in position. The Committee requests the Government to indicate the measures adopted to give full effect to this Article of the Convention.

3. Article 15, paragraph 1. The Committee requests the Government to indicate the measures taken to ensure the effective application of the provisions of the Convention, including the appropriate penalties.

4. The Committee requests the Government to provide information on the programmes relating to the application of the Convention to which it refers in its report.