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

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

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.