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

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

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

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.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Legislation. The Committee notes the information provided by the Government in its report. With reference to its previous comments, the Committee notes that the relevant legislation, and particularly Act No. 88-07 of 26 January 1988 respecting occupational health, safety and medicine has still not been revised to improve the effect given to the Convention. It also notes the Government’s indications that a review of labour law is currently being undertaken with a view to the codification of labour legislation and that the Committee’s comments will be integrated into the draft text. The Committee therefore requests the Government to take the necessary measures to ensure that the new labour legislation gives full effect to all of the provisions of the Convention. It invites it to provide information on any progress achieved in the development of the new legislation, and to provide a copy of the respective texts when they have been adopted.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

With reference to its previous comments the Committee notes, with concern, that in its most recent report, the Government makes no reference to the process to revise Act No. 88-07 of 26 January 1988 and to adopt implementing regulations to ensure compliance with the Convention – a process that the Government has reported on for the past 20 years. It recalls that the Government in its previous report specifically referred to a draft executive decree that would reflect all the relevant provisions of the Convention, as well as those of the Recommendation. Recalling the constitutional obligations of the Government to implement the provisions of Conventions it has ratified, the Committee urges the Government to adopt the draft executive decree referred to above without delay so as to give effect to the various provisions of the Convention and to report to the Committee on any progress in this respect.

In the meantime, the Committee is bound to recall the following points:

Article 2(3) and (4) of the Convention. The Committee recalls that section 8 of Act 88-07 of 26 January 1988 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 accordance with the requirements of Article 2(3) and (4) of the Convention. It recalls that it had noted that the provisions of Executive Decree No. 90-245 of 18 August 1990, applicable to gas pressure machinery and of Executive Decree No. 90-246 of 18 August 1990, applicable to steam pressure machinery, met the requirements of Article 2 of the Convention, but that similar measures of general application to machinery covered by the Convention as a whole were needed. In this regard the Committee wishes to reiterate its previous comments that the objective of Article 2 of the Convention is to guarantee that machines are safe before they reach the user, whereas the provisions of Executive Decree No. 91-05 of 19 January 1991 respecting general safety provisions concerning the guarding of machinery once it is in use.

The Committee again draws the attention of the Government to paragraphs 73, et seq., of its General Survey of 1987 on safety and the working environment, where it indicates that it is essential for the effective application of Part [I] of the Convention that 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. The Committee recalls its previous reference to paragraph 85 of the 1987 General Survey, op. cit., to indicate that the definition of dangerous machinery and parts thereof should as a minimum cover all those parts enumerated in Article 2 of the Convention.

Article 4. Further to its previous comments, the Committee notes the Government’s reply that the responsibility referred to in paragraph 2 of the Committee’s previous comments was provided for in section 37 of Act No. 88-07 of 26 January 1988, which prescribed sanctions in cases of violations of sections 8, 10 and 34 of the same Act. The Committee recalls once again that, while section 8 of Act No. 88-07 prohibits the manufacture, exhibition, putting up for sale, sale, import, hire or transfer in any other manner of machinery that is dangerous, with a view to its use, section 10 of the same Act explicitly lays down the responsibilities only of those who are involved in the manufacture, import, cession and use of the machinery (manufacturer and importer) and not of 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 once again refers to paragraphs 164–175 of its 1987 General Survey, op. cit., in which it observes that the general prohibition from manufacturing, selling, hiring or transferring in any other manner machinery which is dangerous is inadequate if it is not accompanied by a provision explicitly requiring these provisions to be applied to the manufacturer, vendor, the person letting out on hire or transferring the machinery in any other manner or their respective agents, in order to comply with Article 4 of the Convention which expressly establishes the responsibility of these persons, and to avoid any ambiguity. The Committee urges the Government to take the necessary measures to ensure that the responsibility of the categories of persons mentioned in Article 4 is explicitly established in national legislation and that sanctions are applicable in the event of the violation of these provisions.

Articles 6 and 7. Further to its previous comments concerning the responsibility of the employer, the Committee notes the Government’s indication that this responsibility is established in section 38 of Act No. 88-07. The Committee notes that the provisions of Act No. 88-07, including section 38, do not fully respond to its previous comments that the use of machinery, any parts of which, including the point of operation, is without appropriate guards, is not explicitly prohibited in law. It reiterates its previous indications that sections 40–43 of Executive Decree No. 91-05, while requiring the dangerous parts of machines to be guarded, do not explicitly prohibit the use of machinery, the dangerous parts of which are not guarded. The Committee refers once again to paragraph 180 of its 1987 General Survey, op. cit., in which it indicates that Article 6(1) of the Convention is formulated as a general prohibition to be included in the national legislation and that, in order to observe this provision, it is not enough to require the guarding of machines while in use, without at the same time requiring that the use of machines without appropriate guards is forbidden. The Committee wishes to reiterate the need for the legislation to establish clearly that the obligation to ensure compliance with this prohibition rests on the employer, in accordance with Article 7 of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

With reference to its previous comments the Committee notes, with concern, that in its most recent report, the Government makes no reference to the process to revise Act No. 88-07 of 26 January 1988 and to adopt implementing regulations to ensure compliance with the Convention – a process that the Government has reported on for the past 20 years. It recalls that the Government in its previous report specifically referred to a draft executive decree that would reflect all the relevant provisions of the Convention, as well as those of the Recommendation. Recalling the constitutional obligations of the Government to implement the provisions of Conventions it has ratified the Committee urges the Government to adopt the draft executive decree referred to above without delay so as to give effect to the various provisions of the Convention and to report to the Committee on any progress in this respect.

In the meantime, the Committee is bound to recall the following points:

Article 2(3) and (4) of the Convention. The Committee recalls that section 8 of Act 88-07 of 26 January 1988 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 accordance with the requirements of Article 2(3) and (4) of the Convention. It recalls that it had noted that the provisions of Executive Decree No. 90-245 of 18 August 1990, applicable to gas pressure machinery and of Executive Decree No. 90-246 of 18 August 1990, applicable to steam pressure machinery, met the requirements of Article 2 of the Convention, but that similar measures of general application to machinery covered by the Convention as a whole were needed. In this regard the Committee wishes to reiterate its previous comments that the objective of Article 2 of the Convention is to guarantee that machines are safe before they reach the user, whereas the provisions of Executive Decree No. 91-05 of 19 January 1991 respecting general safety provisions concerning the guarding of machinery once it is in use.

The Committee again draws the attention of the Government to paragraphs 73, et seq., of its General Survey of 1987 on safety and the working environment, where it indicates that it is essential for the effective application of Part [I] of the Convention that 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. The Committee recalls its previous reference to paragraph 85 of the 1987 General Survey, op. cit., to indicate that the definition of dangerous machinery and parts thereof should as a minimum cover all those parts enumerated in Article 2 of the Convention.

Article 4. Further to its previous comments, the Committee notes the Government’s reply that the responsibility referred to in paragraph 2 of the Committee’s previous comments was provided for in section 37 of Act No. 88-07 of 26 January 1988, which prescribed sanctions in cases of violations of sections 8, 10 and 34 of the same Act. The Committee recalls once again that, while section 8 of Act No. 88-07 prohibits the manufacture, exhibition, putting up for sale, sale, import, hire or transfer in any other manner of machinery that is dangerous, with a view to its use, section 10 of the same Act explicitly lays down the responsibilities only of those who are involved in the manufacture, import, cession and use of the machinery (manufacturer and importer) and not of 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 once again refers to paragraphs 164–175 of its 1987 General Survey, op. cit., in which it observes that the general prohibition from manufacturing, selling, hiring or transferring in any other manner machinery which is dangerous is inadequate if it is not accompanied by a provision explicitly requiring these provisions to be applied to the manufacturer, vendor, the person letting out on hire or transferring the machinery in any other manner or their respective agents, in order to comply with Article 4 of the Convention which expressly establishes the responsibility of these persons, and to avoid any ambiguity. The Committee urges the Government to take the necessary measures to ensure that the responsibility of the categories of persons mentioned in Article 4 is explicitly established in national legislation and that sanctions are applicable in the event of the violation of these provisions.

Articles 6 and 7. Further to its previous comments concerning the responsibility of the employer, the Committee notes the Government’s indication that this responsibility is established in section 38 of Act No. 88-07. The Committee notes that the provisions of Act No. 88-07, including section 38, do not fully respond to its previous comments that the use of machinery, any parts of which, including the point of operation, is without appropriate guards, is not explicitly prohibited in law. It reiterates its previous indications that sections 40–43 of Executive Decree No. 91-05, while requiring the dangerous parts of machines to be guarded, do not explicitly prohibit the use of machinery, the dangerous parts of which are not guarded. The Committee refers once again to paragraph 180 of its 1987 General Survey, op. cit., in which it indicates that Article 6(1), of the Convention is formulated as a general prohibition to be included in the national legislation and that, in order to observe this provision, it is not enough to require the guarding of machines while in use, without at the same time requiring that the use of machines without appropriate guards is forbidden. The Committee wishes to reiterate the need for the legislation to establish clearly that the obligation to ensure compliance with this prohibition rests on the employer, in accordance with Article 7 of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the brief information provided by the Government in its latest report. It notes the Government’s indication that the Committee’s comments will be taken into account, in so far as possible, in the context of the process of revising the occupational safety and health laws and regulations, and particularly the revision of Act No. 88-07 of 26 January 1988, with a view to bringing them into conformity with the provisions of the Convention. The Government also refers in its report to the complexity of the issue of the guarding of machinery, on the one hand, and the fact that most of the machinery used in Algeria is imported, on the other. With reference to its previous comments, the Committee notes that a draft executive decree has been formulated and submitted for inter-ministerial examination. In this respect, the Government indicated previously that this draft text is in a preliminary stage in accordance with the established procedures and that it reflects all the relevant provisions of the Convention, as well as those of the Recommendation. The Committee accordingly requests the Government to adopt the draft executive decree referred to above without delay so as to give effect to the various provisions of the Convention. Nevertheless, and in the absence of more detailed information, the Committee is bound to recall the following points:

Article 2(3) and (4), of the Convention. The Committee recalls that section 8 of Act 88-07 of 26 January 1988 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 accordance with the requirements of Article 2(3) and (4) of the Convention. It recalls that it had noted that the provisions of Executive Decree No. 90-245 of 18 August 1990 applicable to gas pressure machinery and of Executive Decree No. 90-246 of 18 August 1990 applicable to steam pressure machinery, met the requirements of Article 2 of the Convention, but that similar measures of general application to machinery covered by the Convention as a whole were needed. In this regard the Committee wishes to reiterate its previous comments that the objective of Article 2 of the Convention is to guarantee that machines are safe before they reach the user, whereas the provisions of Executive Decree No. 91-05 of 19 January 1991 respecting general safety provisions concern the guarding of machinery once it is in use.

The Committee again draws the attention of the Government to paragraphs 73, et seq. of its General Survey of 1987 on safety and the working environment where it indicates that it is essential for the effective application of Part II of the Convention that 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. The Committee recalls its previous reference to paragraph 85 of the 1987 General Survey, op. cit., to indicate that the definition of dangerous machinery and parts thereof should as a minimum cover all those parts enumerated in Article 2 of the Convention.

Article 4. Further to its previous comments, the Committee notes the Government’s reply that the responsibility referred to in paragraph 2 of the Committee’s previous comments was provided for in section 37 of Act No. 88-07 of 26 January 1988 which prescribed sanctions in cases of violations of sections 8, 10 and 34 of the same Act. The Committee recalls once again that, while section 8 of Act No. 88-07 prohibits the manufacture, exhibition, putting up for sale, sale, import, hire or transfer in any other manner of machinery that is dangerous, with a view to its use, section 10 of the same Act explicitly lays down the responsibilities only of those who are involved in the manufacture, import, cession and use of the machinery (manufacturer and importer) and not of 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 once again refers to paragraphs 164–175 of its 1987 General Survey, op. cit., in which it observes that the general prohibition from manufacturing, selling, hiring or transferring in any other manner machinery which is dangerous is inadequate if it is not accompanied by a provision explicitly requiring these provisions to be applied to the manufacturer, vendor, the person letting out on hire or transferring the machinery in any other manner or their respective agents, in order to comply with Article 4 of the Convention which expressly establishes the responsibility of these persons, and to avoid any ambiguity. The Committee urges the Government to take the necessary measures to ensure that the responsibility of the categories of persons mentioned in Article 4 is explicitly established in national legislation and that sanctions are applicable in the event of the violation of these provisions.

Articles 6 and 7. Further to its previous comments concerning the responsibility of the employer, the Committee notes the Government’s indication that this responsibility is established in section 38 of Act No. 88-07. The Committee notes that the provisions of Act No. 88-07, including section 38, do not fully respond to its previous comments that the use of machinery any parts of which, including the point of operation, is without appropriate guards, is not explicitly prohibited in law. It reiterates its previous indications that sections 40–43 of Executive Decree No. 91-05, while requiring the dangerous parts of machines to be guarded, do not explicitly prohibit the use of machinery, the dangerous parts of which are not guarded. The Committee refers once again to paragraph 180 of its 1987 General Survey, op. cit., in which it indicates that Article 6(1), of the Convention is formulated as a general prohibition to be included in the national legislation and that, in order to observe this provision, it is not enough to require the guarding of machines while in use, without at the same time requiring that the use of machines without appropriate guards is forbidden. The Committee wishes to reiterate the need for the legislation to establish clearly that the obligation to ensure compliance with this prohibition rests on the employer, in accordance with Article 7 of the Convention.

The Committee hopes that the Government will do its utmost to take the necessary measures in the near future.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the brief information provided by the Government in its latest report. It notes the Government’s indication that the Committee’s comments will be taken into account, in so far as possible, in the context of the process of revising the occupational safety and health laws and regulations, and particularly the revision of Act No. 88-07 of 26 January 1988, with a view to bringing them into conformity with the provisions of the Convention. The Government also refers in its report to the complexity of the issue of the guarding of machinery, on the one hand, and the fact that most of the machinery used in Algeria is imported, on the other. With reference to its previous comments, the Committee notes that a draft executive decree has been formulated and submitted for interministerial examination. In this respect, the Government indicated previously that this draft text is in a preliminary stage in accordance with the established procedures and that it reflects all the relevant provisions of the Convention, as well as those of the Recommendation. The Committee accordingly requests the Government to adopt the draft executive decree referred to above without delay so as to give effect to the various provisions of the Convention. Nevertheless, and in the absence of more detailed information, the Committee is bound to recall the following points:

1. Article 2, paragraphs 3 and 4, of the Convention. The Committee recalls that section 8 of Act 88-07 of 26 January 1988 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 accordance with the requirements of paragraphs 3 and 4 of Article 2 of the Convention. It recalls that it had noted that the provisions of Executive Decree No. 90-245 of 18 August 1990 applicable to gas pressure machinery and of Executive Decree No. 90-246 of 18 August 1990 applicable to steam pressure machinery, met the requirements of Article 2 of the Convention, but that similar measures of general application to machinery covered by the Convention as a whole were needed. In this regard the Committee wishes to reiterate its previous comments that the objective of Article 2 of the Convention is to guarantee that machines are safe before they reach the user, whereas the provisions of Executive Decree No. 91-05 of 19 January 1991 respecting general safety provisions concern the guarding of machinery once it is in use.

2. The Committee again draws the attention of the Government to paragraphs 73 et seq. of its 1987 General Survey on safety and the working environment where it indicates that it is essential for the effective application of Part II of the Convention that 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. The Committee recalls its previous reference to paragraph 85 of the 1987 General Survey to indicate that the definition of dangerous machinery and parts thereof should as a minimum cover all those parts enumerated in Article 2 of the Convention.

3. Article 4. Further to its previous comments, the Committee notes the Government’s reply that the responsibility referred to in paragraph 2 of the Committee’s previous comments was provided for in section 37 of Act No. 88-07 of 26 January 1988 which prescribed sanctions in cases of violations of sections 8, 10 and 34 of the same Act. The Committee recalls once again that, while section 8 of Act No. 88-07 prohibits the manufacture, exhibition, putting up for sale, sale, import, hire or transfer in any other manner of machinery that is dangerous, with a view to its use, section 10 of the same Act explicitly lays down the responsibilities only of those who are involved in the manufacture, import, cession and use of the machinery (manufacturer and importer) and not of 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 once again refers to paragraphs 164 to 175 of its 1987 General Survey on safety and the working environment, in which it observes that the general prohibition from manufacturing, selling, hiring or transferring in any other manner machinery which is dangerous is inadequate if it is not accompanied by a provision explicitly requiring these provisions to be applied to the manufacturer, vendor, the person letting out on hire or transferring the machinery in any other manner or their respective agents, in order to comply with Article 4 of the Convention which expressly establishes the responsibility of these persons, and to avoid any ambiguity. The Committee urges the Government to take the necessary measures to ensure that the responsibility of the categories of persons mentioned in Article 4 is explicitly established in national legislation and that sanctions are applicable in the event of the violation of these provisions.

4. Articles 6 and 7. Further to its previous comments concerning the responsibility of the employer, the Committee notes the Government’s indication that this responsibility is established in section 38 of Act No. 88-07. The Committee notes that the provisions of Act No. 88-07, including section 38, do not fully respond to its previous comments that the use of machinery any parts of which, including the point of operation, is without appropriate guards, is not explicitly prohibited in law. It reiterates its previous indications that sections 40 to 43 of Executive Decree No. 91-05, while requiring the dangerous parts of machines to be guarded, do not explicitly prohibit the use of machinery, the dangerous parts of which are not guarded. The Committee refers once again to paragraph 180 of its 1987 General Survey on safety and the working environment, in which it indicates that Article 6, paragraph 1, of the Convention is formulated as a general prohibition to be included in the national legislation and that, in order to observe this provision, it is not enough to require the guarding of machines while in use, without at the same time requiring that the use of machines without appropriate guards is forbidden. The Committee wishes to reiterate the need for the legislation to establish clearly that the obligation to ensure compliance with this prohibition rests on the employer, in accordance with Article 7 of the Convention.

The Committee hopes that the Government will do its utmost to take the necessary measures in the very near future.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the brief information contained in the Government’s report in reply to its comments. It notes in particular the information that a draft executive decree has been initiated and submitted for interministerial consultation. The Government states that this draft is the preliminary stage in accordance with the established procedures and that it reflects all the relevant provisions of the Convention and the Recommendation. The Committee hopes that the draft executive decree mentioned above will be adopted in the near future and that it enters into force without delay to give effect to the provisions of the Convention. In the absence of more detailed information, the Committee is bound to recall the following points:

1. Article 2, paragraphs 3 and 4, of the Convention. The Committee recalls that section 8 of Act 88-07 of 26 January 1988 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 accordance with the requirements of paragraphs 3 and 4 of Article 2 of the Convention. It recalls that it had noted that the provisions of Executive Decree No. 90-245 of 18 August 1990 applicable to gas pressure machinery and of Executive Decree No. 90-246 of 18 August 1990 applicable to steam pressure machinery, met the requirements of Article 2 of the Convention, but that similar measures of general application to machinery covered by the Convention as a whole were needed. In this regard the Committee wishes to reiterate its previous comments that the objective of Article 2 of the Convention is to guarantee that machines are safe before they reach the user, whereas the provisions of Executive Decree No. 91-05 of 19 January 1991 respecting general safety provisions concern the guarding of machinery once it is in use.

The Committee again draws the attention of the Government to paragraphs 73 et seq. of its 1987 General Survey on safety and the working environment where it indicates that it is essential for the effective application of Part II of the Convention that 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. The Committee recalls its previous reference to paragraph 85 of the 1987 General Survey to indicate that the definition of dangerous machinery and parts thereof should as a minimum cover all those parts enumerated in Article 2 of the Convention.

2. Article 4. Further to its previous comments, the Committee notes the Government’s reply that the responsibility referred to in paragraph 2 of the Committee’s previous comments was provided for in section 37 of Act No. 88-07 of 26 January 1988 which prescribed sanctions in cases of violations of sections 8, 10 and 34 of the same Act. The Committee recalls once again that, while section 8 of Act No. 88-07 prohibits the manufacture, exhibition, putting up for sale, sale, import, hire or transfer in any other manner of machinery that is dangerous, with a view to its use, section 10 of the same Act explicitly lays down the responsibilities of only those who are involved in the manufacture, importation, the cession, and use of the machinery and not of 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 once again refers to paragraphs 164-175 of its 1987 General Survey on safety and the working environment, in which it observes that the general prohibition from manufacturing, selling, hiring or transferring in any other manner machinery which is dangerous is inadequate if it is not accompanied by a provision explicitly requiring these provisions to be applied to the manufacturer, vendor, the person letting out on hire or transferring the machinery in any manner or their respective agents, in order to comply with Article 4 of the Convention which expressly establishes the responsibility of these persons, and to avoid any ambiguity. The Committee urges the Government to take the necessary measures to ensure that the responsibility of the categories of persons mentioned in Article 4 are explicitly established in national legislation as well as the sanctions applicable in case of violation of such explicitly established responsibility.

3. Articles 6 and 7. Further to its previous comments concerning the responsibility of the employer, the Committee notes the Government’s reply that section 38 of Act No. 88-07 provides for this. The Committee notes that the provisions of Act No. 88-07, including section 38, do not fully reply to its previous comments that the use of machinery, any parts of which, including the point of operation, is without appropriate guards, is not prohibited. It reiterates its previous indications that sections 40-43 of Executive Decree No. 91-05, while requiring the dangerous parts of machines to be guarded, do not expressly prohibit the use of machines, the dangerous parts of which are not guarded. The Committee refers again to paragraph 180 of its 1987 General Survey on safety and the working environment, where it is stated that Article 6, paragraph 1, of the Convention is formulated as a general prohibition to be included in the national legislation and that, in order to observe this provision, it is not enough to require the guarding of machines which are used, without at the same time requiring that the use of machines without appropriate guards is forbidden. The Committee wishes to reiterate the need for the legislation to be clear that the obligation to ensure compliance with this prohibition rests on the employer, in accordance with Article 7 of the Convention.

2. The Committee hopes that the Government will do its utmost to take the necessary measures in the very near future.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes from the Government’s report that due note had been taken by the Government of its previous observation. It notes the adoption of two decrees (Executive Decree No. 2000-253 of 23 August 2000 on the establishment, organization and functioning of the National Institute for the Prevention of Occupational Risks, and Executive Decree No. 01-341 of 28 October 2001 providing for the composition, powers and functioning of the National Committee for the Approval of Standards of Efficiency of Products, Devices and Installations of Protection), which the Government indicated as measures that strengthened the legislative means in the domain. While noting these legal and institutional measures taken, the Committee would like to point out that there is still the need to take specific technical measures to give effect to various provisions of the Convention. It recalls that this question has been the subject of its comments for a long period of time. It would therefore urge the Government to take the necessary measures with a view to give effect to the following provisions of the Convention.

1. Article 2, paragraphs 3 and 4, of the Convention. The Committee recalls that section 8 of Act 88-07 of 26 January 1988 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 accordance with the requirements of paragraphs 3 and 4 of Article 2 of the Convention. It recalls that it had noted that the provisions of Executive Decree No. 90-245 of 18 August 1990 applicable to gas pressure machinery and of Executive Decree No. 90-246 of 18 August 1990 applicable to steam pressure machinery, met the requirements of Article 2 of the Convention, but that similar measures of general application to machinery covered by the Convention as a whole were needed. In this regard the Committee wishes to reiterate its previous comments that the objective of Article 2 of the Convention is to guarantee that machines are safe before they reach the user, whereas the provisions of Executive Decree No. 91-05 of 19 January 1991 respecting general safety provisions concern the guarding of machinery once it is in use.

The Committee again draws the attention of the Government to paragraphs 73 et seq. of its 1987 General Survey on safety and the working environment where it indicates that it is essential for the effective application of Part II of the Convention that 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. The Committee recalls its previous reference to paragraph 85 of the 1987 General Survey to indicate that the definition of dangerous machinery and parts thereof should as a minimum cover all those parts enumerated in Article 2 of the Convention.

2. Article 4. Further to its previous comments, the Committee notes the Government’s reply that the responsibility referred to in paragraph 2 of the Committee’s previous comments was provided for in section 37 of Act No. 88-07 of 26 January 1988 which prescribed sanctions in cases of violations of sections 8, 10 and 34 of the same Act. The Committee recalls once again that, while section 8 of Act No. 88-07 prohibits the manufacture, exhibition, putting up for sale, sale, import, hire or transfer in any other manner of machinery that is dangerous, with a view to its use, section 10 of the same Act explicitly lays down the responsibilities of only those who are involved in the manufacture, importation, the cession, and use of the machinery and not of 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 once again refers to paragraphs 164-175 of its 1987 General Survey on safety and the working environment, in which it observes that the general prohibition from manufacturing, selling, hiring or transferring in any other manner machinery which is dangerous is inadequate if it is not accompanied by a provision explicitly requiring these provisions to be applied to the manufacturer, vendor, the person letting out on hire or transferring the machinery in any manner or their respective agents, in order to comply with Article 4 of the Convention which expressly establishes the responsibility of these persons, and to avoid any ambiguity. The Committee urges the Government to take the necessary measures to ensure that the responsibility of the categories of persons mentioned in Article 4 are explicitly established in national legislation as well as the sanctions applicable in case of violation of such explicitly established responsibility.

3. Articles 6 and 7. Further to its previous comments concerning the responsibility of the employer, the Committee notes the Government’s reply that section 38 of Act No. 88-07 provides for this. The Committee notes that the provisions of Act No. 88-07, including section 38, do not fully reply to its previous comments that the use of machinery, any parts of which, including the point of operation, is without appropriate guards, is not prohibited. It reiterates its previous indications that sections 40-43 of Executive Decree No. 91-05, while requiring the dangerous parts of machines to be guarded, do not expressly prohibit the use of machines, the dangerous parts of which are not guarded. The Committee refers again to paragraph 180 of its 1987 General Survey on safety and the working environment, where it is stated that Article 6, paragraph 1, of the Convention is formulated as a general prohibition to be included in the national legislation and that, in order to observe this provision, it is not enough to require the guarding of machines which are used, without at the same time requiring that the use of machines without appropriate guards is forbidden. The Committee wishes to reiterate the need for the legislation to be clear that the obligation to ensure compliance with this prohibition rests on the employer, in accordance with Article 7 of the Convention.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. Article 2, paragraphs 3 and 4, of the Convention. Further to its previous comments, the Committee notes the information contained in the Government's report that Executive Decree No. 90-245 of 18 August 1990 applicable to gas pressure machinery and Executive Decree No. 90-246 of 18 August 1990 applicable to steam pressure machinery. The Committee notes with interest the provisions of these Decrees that meet the requirements of Article 2 of the Convention with respect to gas and vapour pressure machinery.

The Committee would be grateful if the Government would adopt similar measures of general application to machinery covered by the Convention as a whole to supplement the provision of section 8 of Act 88-07 of 26 January 1988 and thus ensure the application of paragraphs 3 and 4 of Article 2 of the Convention. In this regard the Committee wishes to reiterate its previous comments that the objective of Article 2 of the Convention is to guarantee that machines are safe before they reach the user, whereas the provisions of Executive Decree No. 91-05 of 19 January 1991 respecting general safety provisions concern the guarding of machinery once it is in use.

The Committee again draws the attention of the Government to paragraphs 73 et seq. of its 1987 General Survey on safety and the working environment where it indicates that it is essential for the effective application of Part II of the Convention that 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.

The Committee recalls its previous reference to paragraph 85 of the 1987 General Survey to indicate that the definition of dangerous machinery and parts thereof should as a minimum cover all those parts enumerated in Article 2 of the Convention.

2. Article 4. Further to its previous comments, the Committee notes the Government's report and the provisions of Executive Decree Nos. 90-245 and 90-246 of 18 August 1990. It notes that these Decrees do not fully reply to its previous comments. The Committee recalls 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 that is dangerous, with a view to its use, does not explicitly lay down the responsibility of all those who are involved in the manufacture and delivery of the 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 refers to paragraphs 164 to 175 of its 1987 General Survey on safety and the working environment, in which it observes that the general prohibition from manufacturing, selling, hiring or transferring in any other manner machinery which is dangerous is inadequate if it is not accompanied by a provision explicitly requiring these provisions to be applied to the manufacturer, vendor, the person letting out on hire or transferring the machinery in any manner or their respective agents, in order to comply with Article 4 of the Convention which expressly establishes the responsibility of these persons, and to avoid any ambiguity. The Committee asks the Government to provide information on measures taken or under consideration to ensure that the responsibility of the categories of persons mentioned in Article 4 are explicitly established in national legislation as well as the sanctions applicable in case of violation.

3. Articles 6 and 7. The Committee notes that the Government's report and the provisions of Act No. 88-07 do not fully reply to its previous comments that the use of machinery, any parts of which, including the point of operation, is without appropriate guards, is not prohibited. It recalls its previous indications that sections 40-43 of the Executive Decree No. 91-05, while requiring the dangerous parts of machines to be guarded, they do not expressly prohibit the use of machines, the dangerous parts of which are not guarded. The Committee refers again to paragraph 180 of its 1987 General Survey on safety and the working environment, where it is stated that Article 6, paragraph 1, of the Convention is formulated as a general prohibition to be included in the national legislation and that, in order to observe this provision, it is not enough to require the guarding of machines which are used without at the same time requiring that the use of machines without appropriate guards is forbidden.

The Committee recalls the need for the legislation to be clear that the obligation to ensure compliance with this prohibition rests on the employer, in accordance with Article 7 of the Convention.

The Committee requests the Government to provide information on the measures taken or envisaged to give effect to the provisions of the Convention on these points.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

1. Article 2, paragraphs 3 and 4, of the Convention. In its previous observation, the Committee observed that the provision of 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 accordance with the requirements of paragraphs 3 and 4 of Article 2 of the Convention.

The Committee notes with interest the adoption of Executive Decree No. 91-05 of 19 January 1991 respecting general safety provisions. In its report, the Government indicates that the provisions of sections 40 to 44 of the above-mentioned Decree give effect to the requirements of paragraphs 3 and 4 of Article 2 of the Convention. The Committee observes in this connection that the objective of Article 2 of the Convention is to guarantee that machines are safe before they reach the user, whereas the above-mentioned provisions concern the guarding of machinery once it is in use.

The Committee refers to paragraphs 73 et seq. of its General Survey on Safety and the Working Environment where it indicates that it is essential for the effective application of Part II of the Convention that 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 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 asks the Government to indicate the measures taken or under consideration to supplement the provision of section 8 of Act No. 88-07 of 26 January 1988 and to ensure the application of paragraphs 3 and 4 of Article 2 of the Convention.

2. Article 4. The Committee noted that section 8 of Act No. 88-07, prohibiting the manufacture, exhibition, putting up for sale, sale, import, hire or transfer in any other manner of machinery that is dangerous, with a view to its use, 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 notes that in its report the Government indicates that section 8 mentioned above applies to all those who are involved in the manufacture, sale, hiring or exhibition of machinery.

The Committee refers to the explanations contained in paragraphs 164 to 175 of its General Survey of 1987 on Safety and the Working Environment, in which it observes that the general prohibition from manufacturing, selling, hiring or transferring in any other manner machinery which is dangerous is inadequate if it is not accompanied by a provision explicitly requiring these provisions to be applied to the manufacturer, the vendor, the person letting out on hire or transferring the machinery in any other manner or their respective agents, in order to comply with Article 4 of the Convention which expressly establishes the responsibility of these persons, and to avoid any ambiguity.

The Committee asks the Government to provide information on the measures taken or under consideration to ensure that the responsibility of the categories of persons mentioned in Article 4 of the Convention is explicitly established in the national legislation and that sanctions are provided for in the case of violation.

3. 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.

The Committee notes the indications in the Government's report that sections 40-43 of Executive Decree No. 91-05 give effect to Article 6 of the Convention. The Committee observes that the provisions referred to by the Government require the dangerous parts of machines to be guarded but does not expressly prohibit the use of machines the dangerous parts of which are not guarded.

The Committee recalls that, as indicated in paragraph 180 of the General Survey of 1987 on Safety and the Working Environment, Article 6, paragraph 1, of the Convention is formulated as a general prohibition to be included in the national legislation and that, in order to observe this provision, it is not enough to require the guarding of machines which are used without at the same time requiring that the use of machines without appropriate guards is forbidden.

Furthermore, it must be quite clear from the legislation that the obligation to ensure compliance with this prohibition rests on the employer, in accordance with Article 7 of the Convention.

The Committee asks the Government to provide information on the measures taken or envisaged to give effect to the Convention on these points.

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

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.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

Further to its previous comments, the Committee notes with satisfaction that Act No. 88-07 of 26 January 1988 on occupational safety and health and occupational medicine sets forth in sections 7, 8 and 9 principles respecting the guarding of machinery, which are applicable to all sectors of activity, in accordance with Article 17 of the Convention, and that it provides for penalties and supervision of the application of these provisions, in accordance with Article 15 of the Convention.

The Committee notes that, under sections 7 and 8 of the Act, the manner in which these provisions are to be implemented shall be determined by regulations; that, under section 9, standards governing the effectiveness of products, guards and equipment for guarding machinery are to be determined in accordance with the national legislation, after an opinion has been issued by the National Standardisation Commission; and that, according to the Government's last report, the implementing regulations for these provisions are being prepared. The Committee hopes that the Government will be able to indicate in its next report that the implementing regulations in question have been adopted and that they give full effect to Parts II and III of the Convention.

[The Government is asked to report in detail for the period ending 30 June 1990.]