Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Article 2(3) and (4) of the Convention. Determination of machinery and the dangerous parts thereof on the occasion of their sale, hire, transfer in any other manner and exhibition. Articles 6(1) and 7. Prohibition of the use of machinery any dangerous parts of which are without guards, or prevention of such use by other measures. Obligation of the employer. The Committee recalls that in its previous comments it noted that, according to the Government, Act No. 88-07 of 26 January 1988 on occupational safety, health and medicine was due to be revised and brought into conformity with the Convention. In its previous comment, it noted that a review of labour law was being undertaken with a view to the codification of the labour legislation, and that the Committee’s comments would be integrated into the draft text. The Committee notes that the Government makes no further reference in its report to the process of reviewing the legislation. In this regard, it notes that the Government continues to refer to Act No. 88-07 and Executive Decree No. 91 05 of 19 January 1991 issuing general protection provisions applicable in the field of occupational safety and health as giving effect to Articles 2 and 6 of the Convention. The Committee emphasizes once again that section 8 of Act No. 88-07, 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 or parts thereof considered to be dangerous, in accordance with the requirements of Article 2(3) and (4) of the Convention. It also emphasizes that sections 40–44 of Executive Decree No. 91-05 do indeed identify the dangerous machinery and parts thereof which shall be guarded during use but, on the one hand, do not cover the situations set out in Article 2 and, on the other, do not prohibit the use of machinery of which the dangerous parts are without appropriate guards, as required by Article 6(1). Nor does the Government indicate whether, as an alternative, the use of such machinery is prevented by other equally effective measures. The Committee also recalls that the obligation to ensure compliance with Article 6 shall rest, in accordance with Article 7, on the employer. The Committee therefore urges the Government to take all the necessary measures to give effect in law and practice to the above Articles of the Convention and to provide information on any progress achieved in this regard.