Guarding of Machinery Convention, 1963 (No. 119) - Iraq (Ratification: 1987)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead (painting)), 115 (radiation protection), 119 (guarding of machinery), 120 (hygiene (commerce and offices)), 139 (occupational cancer), 148 (working environment (air pollution, noise and vibration)), 167 (safety and health in construction), 184 (safety and health in agriculture) and 187 (promotional framework for OSH) together.

Application of Conventions Nos 13, 115, 119, 120, 139, 148, 167 and 184 in practice. Noting the absence of information in this regard, the Committee requests the Government to provide information on the application in practice of the ratified OSH Conventions, including the number and causes of occupational accidents and cases of occupational diseases reported, as well as information on inspection activities conducted, violations detected, and sanctions imposed, disaggregating the information, where possible, by cases related to white lead, radiation, machinery, hygiene, occupational cancer, air pollution, noise and vibration, construction and agriculture.

General provisions

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

The Committee notes the Government’s indication, in its report, that the National Center for Occupational Health and Safety (NCOHS) has been contacted, and a follow-up report will be prepared. The Committee recalls that the Government can avail itself of the technical assistance of the Office regarding the implementation of this Convention.

Article 2(3) of the Convention. Periodic consideration of measures to be taken to ratify relevant occupational safety and health (OSH) Conventions. Noting the absence of information in this regard, the Committee once again requests the Government to provide information on the consultative process within the Tripartite Consultation Committee in this regard, including their frequency and the manner in which consideration is given, in those consultations, to measures that could be taken to ratify relevant OSH Conventions.

Article 3. National OSH policy. Further to its previous comments, the Committee notes that the 2022 national OSH policy and profile were developed with the support of the European Union and the ILO. In this regard, the Committee notes that the policy foresees its periodic review and update in consultation with the most representative employers’ and workers’ organizations, and that its basic principles include, among others, identifying, assessing and combating occupational hazards and risks, and developing a national preventive culture for OSH. The Committee requests the Government to provide information on the periodic review of the national OSH policy, as well as on the consultations held with the most representative employers’ and workers’ organizations in this respect.

Article 4(1) and (2)(a). Progressive development and periodic review of the national system in consultation with social partners. Review of OSH laws and regulations. Noting the absence of information on this matter, the Committee once again requests the Government to provide information on the manner in which it periodically reviews its national OSH system, and to indicate how the most representative organizations of employers and workers are consulted in this regard. In addition, the Committee once again requests the Government to provide information on the manner in which the social partners are consulted on revisions of the national legislative framework on OSH.

Article 4(1) and (2)(b). Authority responsible for OSH. Noting the absence of information in this regard, the Committee once again requests the Government to provide information on any measures taken or envisaged to strengthen the capacity of the NCOHS, including in the context of the Decent Work Country Programme for Iraq.

Article 4(3)(a). National tripartite advisory body. Noting the absence of information on this matter, the Committee once again requests the Government to provide information on whether there is a national tripartite advisory body which addresses OSH issues, and if so, to provide information on its activities.

Article 4(3)(g). Collaboration with relevant insurance or social security schemes covering occupational injuries and diseases. Noting the absence of information in this respect, the Committee once again requests the Government to indicate whether measures have been taken or envisaged to provide for collaboration between the authorities responsible for OSH and relevant insurance or social security schemes.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in microenterprises, small and medium-sized enterprises (SMEs) and the informal economy. Further to its previous comments, the Committee notes that the 2022 national OSH policy contains a section on expanding OSH coverage for SMEs. In this respect, the policy notes that SMEs suffer from a lack of OSH services and social protection, and that workers in these enterprises face several risks, such as exposure to chemical, physical, and biological hazards, and dangers like injuries, falls, burns, and electric shocks. The Committee requests the Government to provide specific information on the measures taken or envisaged to provide support mechanisms for the progressive improvement of OSH conditions in microenterprises, SMEs and the informal economy.

Article 5. National OSH programme. Noting the absence of information on this matter, the Committee once again requests the Government to provide further information on the measures taken to formulate, implement, monitor, evaluate and periodically review a national programme on OSH in consultation with the social partners, in accordance with Article 5(1), and to ensure that such a programme covers all the elements under Article 5(2)(a)–(e) of the Convention. In addition, the Committee once again requests the Government to indicate the measures taken or envisaged to ensure that the national OSH programme is widely publicized and, to the extent possible, endorsed and launched by the highest national authorities, in accordance with Article 5(3).

Protection against specific risks

White Lead (Painting) Convention, 1921 (No. 13)

Article 7 of Convention No. 13. Statistical information with regard to lead poisoning among working painters. Further to its previous comments, the Committee takes note of the Government’s indication, in its report, that no cases of lead poisoning have been recorded from 2014 to 2017. The Committee notes once again that section 8 of the Instructions on Prevention of Lead Poisoning in Painting Work No. 2, 1970 calls for the notification and investigation of cases of lead poisoning and the development of statistical information in this regard. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all cases of occupational disease due to lead exposure among working painters are notified, and to provide statistical information on registered or declared cases in this regard.

Radiation Protection Convention, 1960 (No. 115)

Articles 2 and 3 of Convention No. 115. Occupational exposure during and after an emergency. Measures to ensure protection of workers in the light of knowledge available. Further to its previous comments, the Committee notes that section 4(2) of the Instructions No. 1 of 2010, Defining the Amounts of Exposure to Ionizing Radiation, sets out a limit of exposure of 50 mSv, within a period not exceeding seven days, for temporary evacuation purposes. With reference to paragraphs 36 and 37 of its general observation of 2015, the Committee requests the Government to provide further information on the exposure limits in emergency situations and the possible exceptional circumstances.

Articles 6 and 7. Maximum permissible doses. 1. Pregnant or breastfeeding workers. The Committee observes that the Government did not provide information on the exposure limits for pregnant or breastfeeding workers and that no provisions have been found in the Instructions No. 1 of 2010 in this regard. The Committee recalls that methods of protection at work for women who are pregnant should provide a level of protection for the embryo/foetus broadly similar to that provided for members of the public, which is equivalent to an annual effective dose limit of 1 mSv. Furthermore, in order to ensure the same level of protection for breastfed infants, the same principle should be applied to breastfeeding workers (general observation of 2015, paragraph 33). The Committee requests the Government to provide information on the measures taken or envisaged to ensure a level of protection for pregnant or breastfeeding workers equivalent to 1 mSv.

2. Lens of the eyes. The Committee notes the Government’s indication that section 2 of the Instructions No. 1 of 2010 provides for an effective dose to the lens of the eye of 150 mSv in a year for any worker and 50 mSv for apprentices between 16 and 18 years of age that are training for employment involving exposure to radiation and for students aged 16 to 18 that are required to use sources in the course of their studies. The Committee recalls that, as indicated in paragraph 32 of its general observation of 2015, the current recommendation for dose limits for the lens of the eyes is 20 mSv per year, averaged over defined periods of five years, with no single year exceeding 50 mSv per year. The Committee thus requests the Government to provide information on the measures taken or envisaged to ensure that the dose limits to the lens of the eye are set as 20 mSv per year, averaged over defined periods of five years, with no single year exceeding 50 mSv per year.

Article 8. Maximum permissible doses of ionizing radiations for workers who are not directly engaged in radiation work. The Committee notes that the Government refers to the exposure limits for the public established in section 3 of the Instructions No. 1 of 2010, which are consistent with the limits set out in the 2015 General Observation. However, the Committee observes that section 3 of the above-mentioned Instructions does not foresee the application of the limits applicable to the public to workers who are not directly engaged in radiation work. Referring to paragraph 35 of its , the Committee requests the Government to indicate whether the dose limits established for the public apply to workers who are not directly engaged in radiation work and, if not, to specify the limits established for this category of workers.

Articles 12 and 13(a). Regular medical examinations and examinations in cases of emergency. Further to its previous comments, the Committee notes the Government’s indication that initial and period medical examinations are needed to grant licenses by the National Authority for Nuclear, Radiological, Chemical and Biological Regulation, which was established under Law No. 1 of 2024. The Committee requests the Government to provide further information on the medical examinations prescribed and provided in practice to workers directly engaged in radiation work, including examinations prior to or shortly after taking up such work, and their subsequent examinations at appropriate intervals, including in cases of emergency.

Guarding of Machinery Convention, 1963 (No. 119)

Articles 2 and 4 of Convention No. 119. Prohibition of the sale, hire or transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. Responsibility for ensuring compliance. Further to its previous comments, the Committee notes that the Government once again refers to sections 114(2) and 118(1)(a) of the Labour Law No. 37 of 2015, which set out obligations to provide on-the-job protection for workers against occupational hazards and dangers posed by machinery, to conduct annual periodic inspections on steam boilers, pressure devices, elevators and lifting tools and accessories by the competent authorities authorized by the NCOHS, and to verify the safety of harmful machinery and equipment through reports that prove its safe operational suitability. In this regard, the Committee recalls that the above-mentioned provisions do not prohibit or prevent by other equally effective means the sale, hire or transfer in any other manner, and exhibition of machinery of which the dangerous parts specified in Article 2(3) and (4) are without appropriate guards. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that: (i) the sale, hire and transfer of machinery of which the dangerous parts are without appropriate guards are prohibited by national legislation or are prevented by other equally effective measures, in conformity with Article 2 of the Convention; and (ii) compliance with the provisions of Article 2 shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and, where appropriate under national laws or regulations, on their respective agents, in conformity with Article 4 of the Convention.

Articles 6 and 7. Prohibition on the use of machinery without appropriate guards. Following its previous comments, the Committee notes that the Government refers to section 2 of the Occupational Safety and Health Requirements Instructions No. 12 of 2016, which establishes the obligation of employers to be committed to ensure the safety of harmful machinery and equipment in the enterprise by: (i) maintaining the safety of steam boilers, various pressure devices and their accessories, the safety of mechanical lifting equipment and their accessories and electric elevators; (ii) obtaining a certificate of annual periodic inspection of machinery and equipment from an examiner authorized by the Engineering Inspection Committee; (iii) training workers on how to operate machinery and equipment to ensure the prevention of accidents and labour injuries during the operation; and (iv) organizing the correct distribution of machinery and equipment and organizing the storage of raw and produced materials in the workplace in a manner that ensures that workers are not exposed to danger. While noting this information, the Committee requests the Government to clarify whether the annual periodic inspections conducted by an examiner authorized by the Engineering Inspection Committee, foreseen in the above-mentioned section 2(ii), can lead to prohibiting the use of such machinery.

Occupational Cancer Convention, 1974 (No. 139)

Article 3 of Convention No. 139. Appropriate system of records. In its previous comments, the Committee noted the Government’s indication that a national record of cancers exists within the Ministry of Health and that employers are required to report annually any case of cancer diagnosed among their staff. In this regard, the Committee notes that the 2022 and 2023 Annual reports of the Cancer Registry do not contain any reference to occupational cancer. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure the establishment of an appropriate system of records regarding workers exposed to carcinogenic substances or agents.

Article 5. Medical examinations after employment. Further to its previous comments, the Committee notes that the Government once again refers to section 3 of the Instructions No. 2 of 1984 on Chemical Carcinogens, which provides that workers dealing with carcinogenic materials shall undergo medical checkups. In this regard, the Committee recalls that this provision does not provide for medical examinations after the period of employment. In addition, in its previous comments, the Committee had taken note of sections 59 and 61 of the Law No. 39 of 1971, which provides for some medical examinations only in cases of work-related injuries. The Committee requests the Government to provide more specific information on how it is ensured that workers exposed to carcinogenic substances and agents are provided with such medical examinations or biological or other tests or investigations, as are necessary to evaluate their state of health in relation to occupational hazards after their employment.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Technical assistance. The Committee takes note of the Government’s indication that certain concepts of the Convention are unfamiliar. The Committee recalls that the Government can avail itself on the technical assistance of the Office in this regard.

Article 6(2) of Convention No. 148. Collaboration between two or more employers undertaking activities simultaneously at the workplace. Further to its previous comments, the Committee notes that section 5 of the 2022 national OSH policy concerns the adoption of an OSH policy at the institutional and establishment level, including the obligation of establishments operating simultaneously in the same workplace to cooperate with each other. While noting this information, the Committee requests the Government to provide information on how it is ensured, in practice, that when two or more employers undertake activities simultaneously in one workplace, they have the duty to collaborate in complying with the prescribed measures.

Article 8. Establishing exposure limits to air pollution. Opinion of technically competent persons. Revision of exposure limits. Further to its previous comments with regard to the exposure limits to air pollution, the Committee notes the Government’s reference to Instructions No. 3 of 2012 on National Emissions Determinants for Activities and Businesses. However, the Committee notes that, while Appendix I of the above-mentioned Instructions sets out maximum permissible limits for air pollutants emitted from stationary sources, it does not specifically establish exposure limits to air pollution in the working environment. In addition, the Committee notes that the Instructions No. 22 of 1987 concerning Occupational Safety and Health, referred to in previous comments regarding exposure limits to noise, have been repealed by virtue of section 8 of the Instructions No. 12 of 2016 on Occupational Health and Safety Requirements. In this regard, the Committee takes notes of the Government’s indication that the newly adopted Law No. 41 of 2015 on Noise Protection and Control set out exposure limits to noise. The Committee requests the Government to provide information on the specific provisions that establish criteria and exposure limits to air pollution in the working environment. In addition, the Committee once again requests the Government to indicate the manner in which the criteria and exposure limits to air pollution, noise and vibration are supplemented and revised regularly in the light of current national and international knowledge and data, and on how the opinion of technically competent persons are taken into account in this regard.

Article 9. Technical and organizational measures to prevent exposure to air pollution and noise. Further to its previous comments, the Committee notes the Government’s indication that all engineering measures shall be taken to control vibrations at their source, according to Instructions No. 4 of 1993 Respecting Occupational Health and the Protection of Workers against Vibrations. Noting the absence of information with regard to air pollution and noise, the Committee requests once again the Government to provide further information on the manner in which it ensures that new or existing plants are kept free from any hazards due to air pollution and noise through the application of technical measures or by supplementary organizational measures, in conformity with Article 9 of the Convention.

Article 11(3) and (4). Provision of alternative employment. In its previous comments, the Committee noted the Government’s indication that suitable alternative employment is provided pursuant to a decision of the Medical Committee of the NCOHS. In addition, the Government indicates that, according to paragraph 2(IV) of the Decision No. 552 of 1981 on the conversion of the Directorate of Occupational Health and Safety into the NCOHS, the nature of risks and occupational safety of each occupation shall be determined in accordance with scientific formulations, and guidance shall be given on the use of the best devices and means for preventing occupational risks so as to reduce work accidents, injuries and occupational diseases. The Committee takes note of this information, which addresses its previous request.

Article 12. Notification to competent authorities. Noting the absence of information in this regard, the Committee once again requests the Government to provide information on the measures taken or envisaged to ensure that the use of processes, substances, machinery and equipment which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, shall be notified to the competent authority and the competent authority, as appropriate, may authorize the use on prescribed conditions or prohibit it.

Article 15. Appointment by employers of a competent person or use of a competent service. Noting the absence of information in this regard, the Committee once again requests the Government to provide information on the measures taken or envisaged to ensure the appointment of a competent person, or the use of a competent outside service or a service common to several undertakings, to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 10 of Convention No. 120. Maintaining a comfortable and steady temperature in all premises used by workers. Following its previous comments, the Committee notes the Government’s indication that measurements are taken with devices during inspection visits and recommendations are made accordingly. While noting this information, the Committee requests the Government to indicate any legislative provisions that provide that a comfortable and steady temperature as circumstances permit shall be maintained in all premises used by workers.

Article 14. Provision of suitable seats in offices and other workplaces. Further to its previous comments, the Committee notes that section 3(viii) of the OSH Requirements Instructions No. 12 of 2016 establishes that suitable rest and dining areas for workers, including seating, shall be provided. The Committee recalls that Article 14 of the Convention requires the provision of sufficient and suitable seats in all premises used by workers, not only in premises used for resting. The Committee once again requests the Government to provide information on the measures taken to ensure that sufficient and suitable seats shall be supplied for workers in all premises.

Article 16. Underground and windowless working premises. Noting the absence of information in this regard, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that underground or windowless premises in which work is normally performed comply with appropriate standards of hygiene.

Safety and Health in Construction Convention, 1988 (No. 167)

The Committee notes the information provided by the Government on Articles 4 (methods to ensure application in practice), 6 (cooperation between employers and workers), 10 (worker’s right and duty to participate in ensuring safe working conditions), 28 (exposure to hazardous substances), 30(2) (use of protective equipment) and 34 (reporting of accidents and diseases) of the Convention, which responds to its previous request.

Legislation. Further to its previous comments, the Committee notes that the Government refers, in its report, to Labour Law No. 37 of 2015 and the OSH Requirements Instructions No. 12 of 2016 with regard to the application of this Convention. Noting the absence of information regarding the adoption of the draft Instructions on OSH for the construction sector and public works referred to in its previous comments, the Committee requests the Government to provide information on the legislative developments in this regard.

Article 2 of Convention No. 167. Definitions. Noting the absence of information in this regard, the Committee requests the Government to indicate the legislative provisions defining the terms provided for in Article 2 of the Convention.

Article 5. Use of technical standards and of standards adopted by recognized international organizations in the field of standardization. The Committee notes the Government’s indication that the assessment of safety and health hazards on construction sites is carried out on the basis of Instructions No. 12 of 2016 on OSH Requirements and the General Safety Code for Construction Projects No. 306 of 2015. While noting this information, the Committee requests the Government to provide information on the measures taken or envisaged to have due regard to the relevant standards adopted by recognized international organizations in the field of standardization.

Article 8. Two or more employers undertaking activities simultaneously at one workplace. Further to its previous comments, the Committee notes the Government’s indication that responsibility is shared and compliance with health and safety measures on the construction site is ensured by the senior official. In the event of their absence from site, a deputy or team of competent persons enjoying the necessary powers shall be appointed to act on their behalf. It further indicates that, when various activities are carried out at one site, enforcement of the prescribed health and safety measures is coordinated by means of frequent site inspection visits and monitoring of employer compliance with health and safety rules. While noting this information and referring to its comments above under Article 6(2) of Convention No. 148, the Committee requests the Government to indicate the legislative or regulatory provisions giving effect to Article 8 of the Convention.

Article 12. Right to removal. Following its previous comments, the Committee takes note of the Government’s reference to section 119(f) of Labour Law No. 37, which provides that workers should stay away from the work site in case of a real danger. It also refers to section 118(1) of the above-mentioned Law, which establishes measures that shall be taken by the employer to ensure the protection of workers against occupational hazards and other dangers, and to section 120(1), which sets out the obligation of the employer to ensure the OSH of workers in all aspects relates to their work. The Committee requests the Government to indicate whether section 119(f) of Labour Law No. 37 of 2015 also applies when a worker has good reason to believe that there is an imminent and serious danger to their safety or health, as provided for in Article 12 of the Convention. It also requests the Government to indicate the provisions of national legislation providing for the duty of workers to inform their supervisor immediately.

Article 18(1) and (2). Work at heights and roof work. Further to its previous comments, the Committee notes the Government’s reference to the Scaffolding Code No. 308 of 2013 and the General Safety Code for Construction Projects. In this regard, the Committee takes note of: (i) section 3-1/5/1/7 and appendix C(6) of the Scaffolding Code, which provide that workers in swing platforms shall wear a fall protection belt and be securely attached to a secure anchorage point to prevent accidents or injuries, and that all safety measures must be in place to avoid any secondary hazard that may result from the worker’s use of the scaffold; and (ii) section 6-9/1 of the above-mentioned General Safety Code for Construction Projects, according to which safety belts shall be worn when working at high levels not equipped with guardrails, or when working on a suspended scaffold, and belts shall be secured to a structural element of a separate fixed object. The Committee requests the Government to provide further information on the measures taken or envisaged, including indicating any other legislative or regulatory provisions, to ensure that preventive measures are taken: (i) against the fall of workers and tools or other objects or materials, where necessary to guard against danger, or where the height of a structure or its slope exceeds that prescribed by national laws or regulations; and (ii) against workers’ inadvertently stepping on or falling through the fragile material, where workers are required to work on or near roofs or other places covered with fragile material, through which they are liable to fall, in conformity with Article 18 of the Convention.

Article 19. Adequate precautions in excavations, shafts, earthworks, underground works and tunnels. Further to its previous comments, the Committee notes the Government’s reference to the Scaffolding Code and the General Safety Code for Construction Projects. In particular, the Committee takes note of section 5–3 of the General Safety Code for Construction Projects, which provides for protective measures when using excavation equipment. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that adequate protections are taken in any excavation, shaft, earthworks, underground works or tunnel, in accordance with Article 19, subparagraphs (a)–(e), of the Convention.

Article 24. Demolition. Following its previous comments, the Committee notes the Government’s indication that this issue is covered by the General Safety Code for Construction Projects and the draft guidelines for the demolition and removal of buildings at risk of collapse. In this regard, the Committee notes that sections 4-5/4/2 and 4-5/4/3 of the above-mentioned Code set out measures to be taken in cases of non-electrical demolition and electrical demolition, respectively. The Committee requests the Government to provide further information on the measures taken or envisaged, including of a legislative or regulatory nature, to ensure that, when the demolition of any building or structure might present danger to workers or to the public: (a) appropriate precautions, methods and procedures are adopted, including those for the disposal of waste or residues; and (b) the work is planned and undertaken only under the supervision of a competent person, in accordance with Article 24 of the Convention.

Article 26. Competent persons handling the construction, installation and maintenance of electrical equipment and installations. Guards and protection against electrical cables. Following its previous comments, the Committee notes the Government’s reference to section 3(xvii) of the OSH Requirements Instructions No. 12 of 2016, which sets out the employer’s obligation to protect workers from electrical hazards and ensure the provision of proper equipment and facilities as appropriate to each enterprise; store hazardous equipment separately in a secure room or keep it behind proper barriers and forbid any unauthorized persons from approaching it. The Committee requests the Government to indicate the measures taken or envisaged to ensure that all electrical equipment and installations shall be constructed, installed and maintained by a competent person.

Article 27. Explosives. Noting the lack of information in this regard, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that explosives are not stored, transported, handled or used except under conditions prescribed by national laws or regulations and by a competent person, who shall take such steps as are necessary to ensure that workers and other persons are not exposed to risk of injury.

Safety and Health in Agriculture Convention, 2001 (No. 184)

The Committee notes the Government’s first report.

Article 4(1) of Convention No. 184. Formulation, implementation and periodical review of a coherent national policy on safety and health in agriculture after consulting the representative organizations of employers and workers concerned. The Committee notes the Government’s reference to the ILO 2023 Policy Brief on Social Dialogue and Decent Work in the Agricultural Sector in Iraq, according to which the 2022 National OSH Policy is generic and does not focus exclusively on agriculture. It also notes that the Office held a workshop on the development of national policies for OSH and social security for the agricultural sector in the country with the participation and consultation of social partners, and that it is in the process of appointing a national and regional expert to draft the national OSH policy in the agricultural sector. The Committee requests the Government to provide information on the progress made towards the adoption of a coherent national policy on safety and health in agriculture after consulting the representative organizations of employers and workers concerned. It further requests the Government to provide information on the measures taken or envisaged to implement and periodically review such policy, once adopted.

Article 4(2)(c). Mechanisms of inter-sectoral coordination among relevant authorities and bodies. The Committee notes that, according to the above-mentioned policy brief, cross-sectoral coordination mechanisms between the competent bodies, authorities and organizations in the agricultural sector are lacking, and their respective OSH responsibilities are not defined. However, it also notes that focal points for the NCOHS have been established in a number of ministries, including in the Ministry of Agriculture and the Ministry of Water Resources. The Committee requests the Government to provide information on the manner in which inter-sectoral coordination among relevant authorities and bodies for the agricultural sector is ensured, and how their functions and responsibilities are defined.

Article 5. Adequate system of inspection. The Committee notes that, in the above-mentioned policy brief, it is indicated that: (i) the poor enforcement of labour regulations remains an issue especially in the agricultural sector, probably due to a lack of sufficient human resources in the labour inspectorates and the lack of necessary logistic support to access agricultural holdings, which are often in geographically dispersed rural areas; and (ii) there is no system for the planning and programming of labour inspection matters in agriculture, as well as no reporting mechanisms. In addition, the Committee takes note of the Government’s indication that the provisions of Article 5(2) of the Convention shall be implemented by forming specialized technical committees. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that an adequate and appropriate system of inspection for agricultural workplaces is in place and is provided with adequate means. It also requests the Government to provide further information on the establishment of technical committees in the agricultural sector.

Article 6(2). Cooperation between two or more employers. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that, whenever in an agricultural workplace two or more employers undertake activities, or whenever one or more employers and one or more self-employed persons undertake activities, they cooperate in applying the safety and health requirements. It further requests the Government to provide information on the prescribed general procedures for this collaboration, if any.

Article 7(a). Duty of employers to carry out appropriate risk assessments and adopt preventive and protective measures. The Committee notes that the above-mentioned policy brief points to poor mechanisms for the identification, analysis, and management of occupational risks in the agricultural sector, including inter alia risks associated with the use of chemical fertilizers and pesticides, and biological risks. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the employer carries out appropriate risk assessments in relation to the safety and health of workers and, on the basis of these results, adopt preventive and protective measures to ensure that under all conditions of their intended use, all agricultural activities, workplaces, machinery, equipment, chemicals, tools and processes under the control of the employer are safe and comply with prescribed safety and health standards.

Article 7(c). Duty of employers in situations of imminent and serious danger to safety and health. The Committee takes note of section 118(1) of the Labour Law No. 37, according to which the employer shall take the necessary measures to ensure on-the-job protection of workers against occupational hazards and against dangers posed by the work and by machinery, which are harmful to their health. It also notes section 110(2)(d) of the above-mentioned law, which sets out the employer’s obligation to provide emergency rescue and first aid requirements. While noting this information, the Committee requests the Government to indicate how it is ensured that the employer takes immediate steps to stop any operation where there is an imminent and serious danger to safety and health and to evacuate workers as appropriate.

Article 8(1)(b) and (3). Workers’ right to participate in the application and review of OSH measures and in the selection of OSH representatives. The Committee notes that the Government refers to section 7(i) of the Instructions No. 12 of 2016, which provides that the employer shall select the occupational safety and health officer from among the workers at the enterprise. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that workers have the right to select safety and health representatives and representatives in OSH committees. In addition, noting the lack of information regarding workers’ right to participate in the application and review of OSH measures, the Committee requests the Government to provide information in this regard.

Article 8(1)(c) and (3). Right of removal. The Committee notes the Government’s reference to section 119(f) of the Labour Law No. 37, which provides that workers should stay away from the worksite in case of a real danger. Referring to its comments above under Convention No. 167, the Committee requests the Government to indicate whether section 119(f) of Labour Law No. 37 of 2015 also covers situations where a worker has a reasonable justification to believe there is an imminent and serious risk to their safety and health, as provided for in Article 8(1)(c) of the Convention.

Article 8(3) and (4). Prior consultations with representative organizations of employers and workers concerned. The Committee notes that, according to section 116 of the Labour Law No. 37, the minimum OSH requirements, which shall be provided by employers, are issued by the Minister after consultation with the most representative organizations of employers and workers. The Committee requests the Government to provide information on how prior consultations with representative organizations of employers and workers concerned are ensured with regard to the implementation of workers’ and their representatives’ rights enshrined in Article 8(1) and (2) of the Convention.

Article 9(2). Responsibility of manufacturers, importers and suppliers to comply with machinery safety standards and to provide information. Referring to its comments above under Convention No. 119, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that manufacturers, importers and suppliers comply with the standards referred to in Article 9(1) of the Convention and provide adequate and appropriate information, including hazard warning signs, in the official language or languages of the user country, to the users and, on request, to the competent authority.

Article 10(a). Use of agricultural machinery and equipment only for work for which they are designed. The Committee notes that, while the Government refers to Law No. 46 of 2012 Regulating the Circulation of Agricultural Materials regarding the implementation of Article 10 of the Convention, this law does not contain provisions on agricultural machinery. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that agricultural machinery and equipment are not used for human transportation, unless designed or adapted so as to carry persons.

Article 11. Establishment of safety and health requirements for the handling and transport of materials. Prohibition on manual handling or transport of load which is likely to jeopardize safety or health. The Committee notes the Government’s reference to: (i) Law No. 46 2012 on Regulating the Circulation of Agricultural Materials, which contains certain provisions on the storage, trade and import of agricultural materials; (ii) section 2 and 19 of the Instructions No. 4 of 1989 on Safety in Storing and Handling Chemical Materials; and (iii) paragraph 13 of Instructions No. 2 of 1990 on the Production, Handling and Storing of Insecticides. The Committee also takes note of section 3(xvi) and (xix) of the Instructions No. 12 of 2016, which provides for OSH requirements in the handling of explosive and hazardous materials. While noting this information, the Committee requests the Government to provide further information on the measures taken or envisaged to: (i) establish safety and health requirements for the handling and transport of materials, particularly on manual handling; and (ii) to ensure that such requirements are based on risk assessment, technical standards and medical opinion, taking account of all the relevant conditions under which the work is performed, in accordance with Article 11(1) of the Convention. It further requests the Government to indicate how it is ensured that workers are not required or permitted to engage in the manual handling or transport of a load which by reason of its weight or nature is likely to jeopardize their safety or health, in accordance with Article 11(2) of the Convention.

Article 12(b). Sound management of chemicals. Duty to comply with standards and to provide information. The Committee notes the Government’s reference to Instructions No. 2 of 2015 Concerning Registration and Approval of Pesticides, which establish the obligations related to the registration of pesticides with the National Committee for Registration and Accreditation of Pesticides at the Ministry of Agriculture. In addition, the Committee notes that Instructions No. 8 of 1986 regarding the production and import of chemical materials and products used for medical, industrial and agricultural purposes, as well as dyes, cosmetics, pest control and other pesticides, set out obligations regarding the provision of information to the competent authority before trading. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculture comply with national or other recognized safety and health standards, and provide adequate and appropriate information to the users in the appropriate official language or languages of the country and, on request, to the competent authority.

Article 12(c). Suitable system for collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that there is a suitable system for the safe collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals so as to avoid their use for other purposes and to eliminate or minimize the risks to safety and health and to the environment. It also requests the Government to indicate the relevant legislative or regulatory provisions in this regard, if any.

Article 13(2)(d). Preventive and protective measures for the use of chemicals and handling of chemical waste at the level of the undertaking. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that preventive and protective measures for the use of chemicals and handling of chemical waste at the level of the undertaking also cover the disposal of empty containers and the treatment and disposal of chemical waste and obsolete chemicals. It also requests the Government to indicate the relevant legislative or regulatory provisions in this regard, if any.

Article 14. Handling of biological agents and activities involving animals, livestock and stabling areas. The Committee notes that, while the Government refers to the Biological Risk Management Handbook issued by the National Committee for Biohazard Management, this Handbook only applies to workers who work in biological laboratories and who actively handle or manage biological agents and toxins, as well as other valuable laboratory materials. Therefore, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that: (i) risks such as those of infection, allergy or poisoning are prevented or kept to a minimum when biological agents are handled; and (ii) activities involving animals, livestock and stabling areas, comply with national or other recognized health and safety standards.

Article 15. Construction, maintenance and repairing of agricultural installations. The Committee takes note of the Government’s indication that Article 15 of the Convention is implemented in accordance with the specific ownership of the agricultural equipment. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that the construction, maintenance and repairing of agricultural installations is in conformity with national laws, regulations and safety and health requirements, and to indicate the relevant legislative or regulatory provisions in this regard.

Article 16. Young workers and hazardous work. The Committee notes the Government’s reference to: (i) section 7 of the Labour Law No. 37, according to which the minimum age of employment is 15; and (ii) section 95 of the above-mentioned law, which provides that minors shall not be employed in activities whose nature or work conditions may harm their health, safety or morality, including inter alia working with dangerous machines, equipment, or tools requiring a manual intervention or lifting of heavy loads, working in an unhealthy environment exposing the minors to hazards or to unusual temperatures, noise or to movements harmful to their health, and working in difficult conditions for long hours. It also notes that the Ministry shall, in consultation with the relevant workers’ and employers' organizations, periodically review, whenever is required, the lists of such types of work (section 95(2)). Referring to its comments under the Minimum Age Convention, 1973 (No. 138) and the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee requests the Government to provide further information on the measures taken or envisaged to ensure that children under 18 do not engage in hazardous work in agriculture (Article 16(1)), as well as on the determination of the types of employment or work in agriculture considered as hazardous, after consultation with the representative organizations of employers and workers concerned (Article 16(2)).

Article 17. Temporary and seasonal workers. The Committee takes note of the Government’s reference to section 3(1) of the Labour Law No. 37, according to which the provisions of the above-mentioned law shall apply to all workers and the like. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that temporary and seasonal workers receive the same safety and health protection as that accorded to comparable permanent workers in agriculture.

Article 18. Pregnancy, breastfeeding and reproductive health. The Committee notes the Government’s reference to section 87 of the Labour Law No. 37, which prohibits forcing pregnant or nursing women to perform an activity deemed by the competent health authority harmful to the mother or the child, or if the existence of a major hazard on the mother or child’s health is evidenced by the medical exam. In addition, it provides that women may not be recruited to perform arduous or harmful works (section 85(2)). While noting this information, the Committee requests the Government to provide further information on the measures taken or envisaged to ensure that the special needs of women agricultural workers are taken into account in relation to pregnancy, breastfeeding and reproductive health.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the information provided by the Government in its report in reply to its previous request concerning Article 15 of the Convention on appropriate penalties and inspection.

Articles 2 and 4 of the Convention. National laws or regulations, or other equally effective measures, prohibiting the sale, hire or transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. Responsibility for ensuring compliance. The Committee notes the Government’s indication that measures have been taken to include the provisions of the Convention in the new Labour Code of 2015, under Chapter 13 concerning occupational safety and health and labour inspection. The Committee notes that section 114(9) of this Code provides that the safety of harmful machinery and equipment (boilers, lifts and cranes, etc.) shall be verified through reports that prove their safe operational suitability, drafted by the authorities formally authorized by the National Centre for Occupational Health and Safety in accordance with the instructions issued by the Minister. The Committee recalls that pursuant to Article 2 of the Convention, the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards must be prohibited by national laws or regulations or prevented by other equally effective measures. The Committee once again requests the Government to take all the necessary steps to give full effect to Article 2. Furthermore, the Committee requests the Government to provide information on all measures taken or envisaged in order to ensure that the vendor, the person letting out on hire or transferring the machinery, or the exhibitor are responsible for compliance with the obligations under Article 2 of the Convention, in conformity with Article 4.

Articles 6 and 7. Use of machinery. The Committee notes that pursuant to section 118(a) of the Labour Code, the employer undertakes to take the necessary measures to ensure on-the-job protection of workers against dangers posed by work and by machinery, which are harmful to their health. The Committee recalls that Article 6 of the Convention requires national laws or regulations to prohibit the use of machines whose dangerous parts are not provided with appropriate guards. Under Article 7, the obligation to ensure compliance with the provisions of Article 6 rests on the employer. The Committee therefore requests the Government to provide information on the legislative or regulatory measures taken to give effect to Article 6 of the Convention.

Application in practice. The Committee once again requests the Government to give a general appreciation of the manner in which the Convention is applied in practice, including the number and nature of infringements reported and the action taken.

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

Legislation. The Committee refers to the information from the Government that the draft Labour Code is being examined and will be adopted reasonably soon. The Committee hopes that the draft Labour Code will be adopted in the very near future and requests that a copy be sent to the Office as soon as it has been adopted.

Article 2 of the Convention. National laws or regulations, or other equally effective measures, prohibiting the sale, hire or transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards. The Committee notes the information in the Government’s report that the inspection teams that report to the Occupational Health and Safety Centre visit the field regularly to carry out danger assessments of the tools and machinery used in workplaces and determine appropriate guards to avoid the accidents to which workers may be exposed. The Committee points out that under this Article of the Convention, the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards must be prohibited by national laws or regulations or prevented by other equally effective measures. The Committee requests the Government to take the necessary steps to give full effect to this Article of the Convention.

Article 4. Obligations on the vendor, the person letting out on hire or transferring the machinery or the exhibitor or their respective agents. The Committee notes that the Government provides no information on the effect given to this Article of the Convention. It urges the Government to take the necessary steps to establish expressly in national legislation the liability of the groups of persons set out in this Article of the Convention.

Articles 6 and 7. Prohibition of the use of unguarded machinery. Liability of the employer. The Committee notes that the Government’s report provides no specific information on the matter raised in its previous comments. The Government indicates that the National Occupational Health and Safety Centre has drawn up awareness-raising programmes and that display panels have been installed in workplaces to avert occupational accidents and diseases. It also indicates that where no national standards exist in this area, international standards apply. The Committee points out that the use of machinery without appropriate guards must be prohibited and that the legislation must expressly establish that the obligation to ensure compliance with the prohibition must rest on the employer, in accordance with Articles 6 and 7 of the Convention. The Committee again asks the Government to indicate the measures taken or envisaged to prohibit or prevent the use of machinery the dangerous parts of which are without appropriate guards. It also asks the Government to provide information on the effect given to Articles 6 and 7 of the Convention.

Article 10. Information and instructions to be given to the workers. The Committee notes the Government’s reply that the employers’ obligations regarding environmental conditions are set in sections 107, 108 and 110 of the Labour Code. The Government also indicates that Instruction No. 22 of 1987 imposes an obligation on the employer to affix a warning notice on machinery pointing out its dangers and the means of avoiding them. The Committee points out that according to Article 10(1) of the Convention, employers must not only instruct workers appropriately regarding the dangers arising from and the precautions to be observed in the use of machinery, but must also bring to their notice national laws or regulations relating to the guarding of machinery. The Committee requests the Government to continue to provide information on the effect given to Article 10 of the Convention.

Article 15. Appropriate penalties and inspection. The Committee notes that the Government refers to section 110 of the Labour Code establishing penalties for breach of the safety and health prescriptions, such as the closure of the workplace. The Government also indicates the tripartite committees are responsible for taking the necessary steps to ensure appropriate inspection. The Committee requests the Government to continue to provide information on the measures taken to ensure that appropriate inspection services are provided for the purpose of supervising the application of the Convention.

Part V of the report form. Application in practice. The Committee notes that the Government’s report contains no information on the application of the Convention in practice. It requests the Government once again to give a general appreciation of the manner in which the Convention is applied in practice, and to include relevant extracts from reports of the inspection services together with information on the number of workers covered by the legislation, the number and nature of infringements reported and the action taken.

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

The Committee notes that that Government’s most recent report does not contain any new information on the matters raised since 1996 concerning the application of the Convention. The Committee expresses the hope that the Government will take all necessary measures to ensure that relevant implementing legislation will be adopted in the near future and that the new legislative measures taken will provide an adequate response to the following previous comments of the Committee which in relevant parts read as follows:

Repetition

Article 2, paragraphs 1 and 2, of the Convention. The Committee notes that, under section 5 of Instructions No. 22 of 1987 relating to occupational safety and health, the employer must take measures designed to protect workers against hazards entailed in using machines and supply appropriate guards. The Committee recalls that these provisions of the Convention formally prohibit the sale, hire, transfer in any other manner and exhibition of machines of which the dangerous parts are without appropriate guards. The Committee requests the Government to indicate the measures taken or envisaged in order to give effect to these provisions.

Article 2, paragraphs 3 and 4. The Committee notes that national legislation contains no provisions giving effect to these paragraphs. Referring again to paragraphs 73–98 of its General Survey on safety in the working environment, the Committee indicates that it is essential for the proper application of Part II of the Convention that national legislation lists the parts of machines which are dangerous and require protection and that, until these parts have been determined, the prohibition to sell, hire, transfer in any other manner and exhibit dangerous machines, laid down in Article 2 will remain without effect. The Committee draws the Government’s attention to the fact that the list of dangerous parts must include at least all the parts enumerated in these provisions of the Convention.

Article 4. The Committee notes the reference made by the Government in its report to Instructions No. 22 of 1987, the framework in which the subject of this Article is covered. It notes that no provision in these Instructions makes it compulsory for the seller, hirer, person who transfers the machine in any other manner, the exhibitor, the manufacturer who sells, hires, transfers or exhibits machines to apply the provisions of Article 2 of the Convention. The Committee requests the Government to indicate the measures taken or envisaged with a view to giving effect to this provision of the Convention.

Article 6. The Committee notes that the Government refers to paragraph 7 of section 5 of Instructions No. 22 of 1987. It observes that the said paragraph contains only one provision of a general nature concerning occupational safety. The Committee observes that under this section the use of machines of which any of the dangerous parts, including the moving parts (operation zone), is not provided with appropriate guards must be formally prohibited by national legislation or prevented by other equally effective measures. The Committee requests the Government to indicate the measures taken or envisaged with a view to preventing the use of machines whose dangerous parts are not provided with appropriate guards.

Article 10. The Committee notes that the measures designed to ensure safety of workers during work and which must be taken by the employer in accordance with section 5 of Instructions No. 22 of 1987, include the formulation and posting up in a visible place instructions relating to occupational safety, specifying what workers must do and not do. The Committee requests the Government to indicate whether such instructions include (or must include) extracts from texts or references to national legislation concerning the guarding of machinery as required by this provision of the Convention.

Article 15. The Committee again requests the Government to indicate the measures for the purpose of supervising the application of the Convention (appropriate sanctions and inspection services).

Part V of the report form. Application in practice. The Committee notes the information that supervision of the application of the Convention is carried out by the inspection service and that sanctions are imposed by virtue of the provisions of the Labour Code. The Committee requests the Government to provide a general appreciation of the matter in which the Convention is applied in practice in the country, including extracts from official reports such as inspection reports and information on any practical difficulties in the application of the Convention.

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

[The Government is asked to reply in detail to the present comments in 2012.]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the effort made by the Government to fulfil its constitutional obligations by submitting a report on the application of this ratified Convention. The Committee notes, however, that this report does not contain any new information on the matters raised since 1996 concerning the application of the Convention. It also notes that the Government is in the process of amending its Labour Code, that technical assistance has been received from the ILO in this respect and that the amended text is being finalized. The Committee expresses the hope that the amended Labour Code, as well as any relevant implementing legislation, will be adopted in the near future and that the new legislative measures taken will provide an adequate response to the following previous comments of the Committee which in relevant parts read as follows:

Article 2, paragraphs 1 and 2, of the Convention. The Committee notes that, under section 5 of Instructions No. 22 of 1987 relating to occupational safety and health, the employer must take measures designed to protect workers against hazards entailed in using machines and supply appropriate guards. The Committee recalls that these provisions of the Convention formally prohibit the sale, hire, transfer in any other manner and exhibition of machines of which the dangerous parts are without appropriate guards. The Committee requests the Government to indicate the measures taken or envisaged in order to give effect to these provisions.

Article 2, paragraphs 3 and 4. The Committee notes that national legislation contains no provisions giving effect to these paragraphs. Referring again to paragraphs 73–98 of its General Survey on safety in the working environment, the Committee indicates that it is essential for the proper application of Part II of the Convention that national legislation lists the parts of machines which are dangerous and require protection and that, until these parts have been determined, the prohibition to sell, hire, transfer in any other manner and exhibit dangerous machines, laid down in Article 2 will remain without effect. The Committee draws the Government’s attention to the fact that the list of dangerous parts must include at least all the parts enumerated in these provisions of the Convention.

Article 4. The Committee notes the reference made by the Government in its report to Instructions No. 22 of 1987, the framework in which the subject of this Article is covered. It notes that no provision in these Instructions makes it compulsory for the seller, hirer, person who transfers the machine in any other manner, the exhibitor, the manufacturer who sells, hires, transfers or exhibits machines to apply the provisions of Article 2 of the Convention. The Committee requests the Government to indicate the measures taken or envisaged with a view to giving effect to this provision of the Convention.

Article 6. The Committee notes that the Government refers to paragraph 7 of section 5 of Instructions No. 22 of 1987. It observes that the said paragraph contains only one provision of a general nature concerning occupational safety. The Committee observes that under this section the use of machines of which any of the dangerous parts, including the moving parts (operation zone), is not provided with appropriate guards must be formally prohibited by national legislation or prevented by other equally effective measures. The Committee requests the Government to indicate the measures taken or envisaged with a view to preventing the use of machines whose dangerous parts are not provided with appropriate guards.

Article 10. The Committee notes that the measures designed to ensure safety of workers during work and which must be taken by the employer in accordance with section 5 of Instructions No. 22 of 1987, include the formulation and posting up in a visible place instructions relating to occupational safety, specifying what workers must do and not do. The Committee requests the Government to indicate whether such instructions include (or must include) extracts from texts or references to national legislation concerning the guarding of machinery as required by this provision of the Convention.

Article 15. The Committee again requests the Government to indicate the measures for the purpose of supervising the application of the Convention (appropriate sanctions and inspection services).

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information provided by the Government in its report.

Article 2, paragraphs 1 and 2, of the Convention. The Committee notes that, under section 5 of Instructions No. 22 of 1987 relating to occupational safety and health, the employer must take measures designed to protect workers against hazards entailed in using machines and supply appropriate guards. The Committee recalls that these provisions of the Convention formally prohibits the sale, hire, transfer in any other manner and exhibition of machines of which the dangerous parts are without appropriate guards.

The Committee requests the Government to indicate the measures taken or envisaged in order to give effect to these provisions.

Article 2, paragraphs 3 and 4. The Committee notes that national legislation contains no provisions giving effect to these paragraphs. Referring again to paragraphs 73 to 98 of its General Survey on Safety in the Working Environment, the Committee indicates that it is essential for the proper application of Part II of the Convention that national legislation lists the parts of machines which are dangerous and require protection and that, until these parts have been determined, the prohibition to sell, hire, transfer in any other manner and exhibit dangerous machines, laid down in Article 2 of the Convention, will remain without effect. The Committee draws the Government's attention to the fact that the list of dangerous parts must include at least all the parts enumerated in these provisions of the Convention.

Article 4. The Committee notes the reference made by the Government in its report to Instructions No. 22 of 1987, the framework in which the subject of this Article is covered. It notes that no provision in these Instructions makes it compulsory for the seller, hirer, person who transfers the machine in any other manner, the exhibitor, the manufacturer who sells, hires, transfers or exhibits machines to apply the provisions of Article 2 of the Convention.

The Committee requests the Government to indicate the measures taken or envisaged with a view to giving effect to this provision of the Convention.

Article 6. The Committee notes that the Government refers to paragraph 7 of section 5 of Instructions No. 22 of 1987. It observes that the said paragraph contains only one provision of a general nature concerning occupational safety. The Committee observes that under this section the use of machines of which any of the dangerous parts, including the moving parts (operation zone), is not provided with appropriate guards must be formally prohibited by national legislation or prevented by other equally effective measures.

The Committee requests the Government to indicate the measures taken or envisaged with a view to preventing the use of machines whose dangerous parts are not provided with appropriate guards.

Article 10. The Committee notes that the measures designed to ensure safety of workers during work and which must be taken by the employer in accordance with section 5 of Instructions No. 22 of 1987, include the formulation and posting up in a visible place instructions relating to occupational safety, specifying what workers must do and not do. The Committee requests the Government to indicate whether such instructions include (or must include) extracts from texts or references to national legislation concerning the guarding of machinery as required by this provision of the Convention.

Article 15. The Committee again requests the Government to indicate the measures for the purpose of supervising the application of the Convention (appropriate sanctions and inspection services).

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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request, which read as follows:

The Committee has noted the information supplied by the Government in its first report.

The Committee has noted that the text supplied by the Government (Instructions No. 22 of 1987 respecting occupational health and safety) do not contain provisions that give effect to the Convention and requests the Government to supply information on the measures that have been taken or are envisaged to give effect to the following provisions of the Convention:

Article 2, paragraphs 1 and 2. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards.

Article 2, paragraphs 3 and 4. Enumeration of the dangerous parts of machinery which must be so designed, sunk or protected as to prevent danger.

The Committee refers to paragraphs 73 to 98 of its 1987 General Survey on Safety in the Working Environment in which it indicates that it is indispensable for the effective application of Part II of the Convention for national legislations to define the parts of machinery that are dangerous and require protection and that, if these parts have not been determined, the prohibition on the sale, hire, transfer and exhibition of dangerous machinery set out in Article 2 of the Convention will be without effect. It also emphasized that the list of dangerous parts should include as a minimum all those parts enumerated in Article 2, paragraphs 3 and 4, of the Convention.

Article 4. Obligation of the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and, where appropriate under national laws or regulations, their respective agents and the manufacturer, to apply the provisions of Article 2 of the Convention.

Article 6. Prohibition of the use of machinery any dangerous part of which is without appropriate guards.

Article 7. Obligation of the employer to ensure compliance with the prohibition to use machinery that is without appropriate guards (Article 6).

Article 10. Steps that the employer shall take to bring national laws or regulations relating to the guarding of machinery to the notice of workers and to instruct them, as and where appropriate, regarding the dangers arising and the precautions to be observed in the use of machinery.

Article 15, paragraphs 1 and 2. Measures designed to ensure the effective enforcement of the Convention (appropriate sanctions and inspection services).

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information supplied by the Government in its first report.

The Committee notes that the text supplied by the Government (Instructions No. 22 of 1987 respecting occupational health and safety) do not contain provisions that give effect to the Convention and requests the Government to supply information on the measures that have been taken or are envisaged to give effect to the following provisions of the Convention:

Article 2, paragraphs 1 and 2. Prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards.

Article 2, paragraphs 3 and 4. Enumeration of the dangerous parts of machinery which must be so designed, sunk or protected as to prevent danger.

The Committee refers to paragraphs 73 to 98 of its 1987 General Survey on Safety in the Working Environment in which it indicates that it is indispensable for the effective application of Part II of the Convention for national legislations to define the parts of machinery that are dangerous and require protection and that, if these parts have not been determined, the prohibition on the sale, hire, transfer and exhibition of dangerous machinery set out in Article 2 of the Convention will be without effect. It also emphasized that the list of dangerous parts should include as a minimum all those parts enumerated in Article 2, paragraphs 3 and 4, of the Convention.

Article 4. Obligation of the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and, where appropriate under national laws or regulations, their respective agents and the manufacturer, to apply the provisions of Article 2 of the Convention.

Article 6. Prohibition of the use of machinery any dangerous part of which is without appropriate guards.

Article 7. Obligation of the employer to ensure compliance with the prohibition to use machinery that is without appropriate guards (Article 6).

Article 10. Steps that the employer shall take to bring national laws or regulations relating to the guarding of machinery to the notice of workers and to instruct them, as and where appropriate, regarding the dangers arising and the precautions to be observed in the use of machinery.

Article 15, paragraphs 1 and 2. Measures designed to ensure the effective enforcement of the Convention (appropriate sanctions and inspection services).