Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 119) sur la protection des machines, 1963 - Serbie (Ratification: 2000)

The Committee notes the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS), received on 18 November 2014. The Committee also notes the information provided by the Government in reply to its previous requests concerning Articles 3, 4, 8, 13 and 14.

Article 1(2) of the Convention. Application to manually powered machines. The Committee notes that, pursuant to section 4(1)(1) of the Rulebook on Machinery Safety (No. 13/2010), the definition of the term machinery used in the Rulebook does not include manually powered equipment. It recalls that Article 1(2) of the Convention provides that the competent authority shall determine whether and how far machinery operated by manual power shall be considered as machinery for the purpose of the application of the Convention, after consultation with the most representative organizations of employers and workers concerned. The Committee requests the Government to provide information on the consultations undertaken with the most representative organizations of employers and workers concerned, with regard to the decision to exclude manually powered machines from the application of the legislation giving effect to the Convention.

Article 1(3). Application of the provisions of the Convention to road and rail vehicles and to mobile agricultural machinery. The Committee notes that the Rulebook on Machinery Safety does not apply to agricultural and forestry tractors (section 3(5)(1)), motor vehicles and their trailers (section 3(5)(2)), and means of transport on rail networks (section 3(5)(5)), with the exception of machinery mounted on these vehicles. The Committee recalls that, according to Article 1(3) of the Convention, the provisions of this Convention apply to road and rail vehicles during locomotion in relation to the safety of the operator, and to mobile agricultural machinery in relation to the safety of workers employed in connection with such machinery. The Committee requests the Government to provide information on measures taken to ensure the effective application of the Convention to road and rail vehicles during locomotion (in relation to the safety of the operator), and to mobile agricultural machinery (in relation to the safety of workers employed in connection with such machinery).

Article 2. Obligations related to the sale, hire, transfer in any other manner, and exhibition of machinery of which the dangerous parts are without appropriate guards. The Committee notes that section 5 of the Rulebook on Machinery Safety provides that prior to placing a machine on the market, a manufacturer shall ensure that the machine meets the essential requirements for health and safety referred to in Appendix 1 of the Rulebook. Section 1.3.7 of Appendix 1 of the Rulebook provides that the moving parts of machinery must be designed and constructed in such a way as to prevent risk of contact which could lead to accidents or must, where risk persist, be fitted with guards or protective devices. Sections 1.3.8 and 1.4 outline the requirements of such guards.

With respect to the sale of machinery, the Government indicates that the Rulebook applies to all new machines placed on the market, including new machines and used machines placed on the Serbian market and/or put in use for the first time. With respect to hire or transfer, the Government indicates that the Rulebook applies to newly leased machines, from the conclusion of the first lease or service contract of the machine in the country. However, the Government indicates that special regulations shall apply to the lease or service of used machinery. The Committee also notes the statement of the CATUS that there is machinery that enters the Serbian market through unmonitored channels that are old and worn out, which may not meet the required standards. The Committee requests the Government to provide information on the special regulations applicable to the hire or transfer of used machinery. It also requests the Government to provide information on the measures taken to ensure the application in practice of the Rulebook on Machinery Safety to used machinery entering the national market.

Article 16. Consultation with the most representative organizations of employers and workers. The Committee requests the Government to provide information on the consultations undertaken with the most representative organizations of employers and workers concerning the measures taken to give effect to the Convention.

Application in practice. The Committee notes the Government’s indication that the labour inspectorate supervises the implementation of the national occupational safety and health legislation, including the Rulebook on Machinery Safety. The Government indicates that inspections have established that most employers do not have the appropriate documentation relating to work equipment, which causes difficulties in use and maintenance of work equipment. Some employers use very old work equipment, made by manufacturers that no longer exist, and the equipment often does not have the appropriate documentation. Noting the information provided by the Government concerning the deficiencies identified related to work equipment in general, the Committee requests the Government to provide information specifically on the application of the Rulebook of Machinery Safety with respect to the guarding of machinery.