Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Guarding of Machinery Convention, 1963 (No. 119) - Algeria (Ratification: 1969)

The Committee notes the information supplied by the Government in its report, according to which the texts issued under sections 7, 8 and 9 of Act No. 88-07, of 26 January 1988, on occupational safety and health and occupational medicine, will be transmitted when they have been enacted.

Article 2, paragraphs 3 and 4, of the Convention. Section 8 of Act No. 88-07 on occupational safety and health and occupational medicine, which prohibits the manufacture, exhibition, putting up for sale, sale, import, hire or transfer in any other manner of machinery or parts of machinery that do not correspond to current national and international health and safety standards, does not determine the machinery that is considered to be dangerous, nor the parts thereof which are likely to present danger.

In this connection, the Committee refers to paragraphs 73 and following of its General Survey on Safety in the Working Environment where it indicates that it is essential for the effective application of Part II of the Convention that the national legislation designate those parts of machinery that present danger and require appropriate guarding (paragraph 82) and that until there has been a determination of the machinery and parts thereof that present danger, the prohibition of the sale, hire, transfer in any other manner and exhibition of machinery contained in Article 2 of the Convention, remains ineffective.

It also indicated that the initial definition of dangerous machinery and parts thereof should as a minimum cover all those parts enumerated in Article 2 of the Convention (paragraph 85).

The Committee hopes that the regulations made under Act No. 88-07, the adoption of which is under way, will take account of the requirements of the Convention in this respect.

Article 4. The Committee notes that section 8 of Act No. 88-07 does not explicitly lay down the responsibility of all those who are involved in the manufacture and delivery of machinery: the manufacturer, the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and their respective agents. The Committee hopes that the implementing regulations will ensure that these categories of persons are explicitly mentioned and that sanctions are laid down in the event of violations.

Articles 6 and 7. The Committee draws the Government's attention to the fact that section 8 of Act No. 88-07 does not explicitly prohibit the use of machinery any dangerous part of which, including the point of operation, is without appropriate guards. Furthermore, Act No. 88-07 does not explicitly establish the responsibility of the employer.