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

Convention (n° 119) sur la protection des machines, 1963 - Fédération de Russie (Ratification: 1969)

The Committee notes the information provided by the Government in its report on the effect given to Articles 5 (temporary exemptions from the provisions of Article 2), 7 (employers’ duty to ensure compliance with the provisions of Article 6), 9 (temporary exemptions from the provisions of Article 6), 12 (measures ensuring that workers’ rights under national social security or social insurance legislation are not affected) and 14 to 17 (measures of application of the Convention and scope of application of the Convention) of the Convention.

Legislation. The Committee notes that the Government provides in its report a list of laws and regulations that give effect to the Convention. The Committee notes that, with the exception of the Labour Code, the Government does not indicate the specific legislative provisions ensuring the application of the Convention. The Committee therefore requests the Government to indicate the specific provisions of the relevant laws and regulations giving effect to the Articles of the Convention and to include the text of these provisions in its next report.

Article 1(2) of the Convention. Decision to exclude manually powered machines, in consultation with the most representative organizations of employers and workers concerned. The Committee notes the Government’s indication that manually powered industrial machines are not classified as machines under the law, due to the fact that there are practically no manually powered machines, but notes that no information is provided on consultations held with the most representative organizations of employers and workers concerned in this regard. The Committee requests the Government to provide information on the consultation of the most representative organizations of employers and workers concerned, and on the outcome of these consultations, with regard to the exclusion of manually powered machines from the classification of machinery under the law.

Articles 2, 3, 6 and 8. Sale, hire, transfer in any other manner and exhibition and use of machinery. The Committee notes the Government’s indication that the safety requirements contained in the legislative and regulatory instruments referenced in the report give effect to the requirements of these provisions of the Convention. However, without further specification, the Committee is unable to identify the provisions that would give effect to the specific requirements relating to the sale, hire, transfer in any other manner and exhibition and use of machinery. The Committee requests the Government to indicate the specific provisions of the referenced legislation, regulations and standards which give effect to these Articles of the Convention.

Article 4, in conjunction with Article 2. Responsibility for ensuring compliance with the obligations related to the hire, transfer in any other manner and exhibition of machinery. The Committee notes the Government’s indication that under national legislation, the responsibility to ensure compliance with the provisions of Article 2 rests on the owner of the machinery or the person upon whom the owner officially confers the responsibility. The Committee draws the Government’s attention to the fact that Article 4 provides that the responsibility rests upon the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and, where appropriate, on their respective agents and that this obligation rests on the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it. The Committee requests the Government to provide information on the measures taken, in law and in practice, to ensure that the responsibility for ensuring compliance with obligations related to the hire, transfer in any other manner and exhibition, pursuant to Article 2, rests upon the persons enumerated in Article 4 of the Convention.

Article 10. Obligation of the employer to take steps to bring national laws or regulations relating to the guarding of machinery to the notice of workers and to instruct them. The Committee notes the Government’s indication that, pursuant to section 212 of the Labour Code, employers are required to ensure the safety of workers in the operation of hardware, to provide training in safe work methods and techniques, to inform workers of the risks to their safety and health and to take measures to prevent accidents and preserve the life and health of workers in the event of an accident. As this provision concerns hardware in general, the Committee is unable to assess whether workers in the country receive instruction specific to the guarding of machinery, the dangers arising and the precautions to be observed in the use of machinery. The Committee requests the Government to provide further information on the measures taken, in law and in practice, to give effect to the specific requirements of Article 10 of the Convention.

Article 11. Measures to prohibit the use of machinery without the guards provided being in position or made inoperative. The Committee notes the Government’s indication that pursuant to section 214 of the Labour Code, workers are required to comply with occupational safety requirements, while section 219 provides that workers can refuse to perform work presenting a danger to their life or health if it violates occupational safety requirements, and under section 220 workers are protected from disciplinary action when they exercise their right to refusal. It also notes the indication that occupational safety regulations and standard operating procedures contain bans on the use of machinery, mechanisms, production equipment, and other potentially dangerous machinery parts, which do not have safety devices and job interrupters, when safety devices are removed. The Committee requests the Government to indicate the specific provisions of the occupational safety regulations and standard operating procedures which ensure effect is given to the requirements of this Article of the Convention, and to include the text of these provisions in its next report.

Article 13. Application of the obligations of employers and workers to self employed workers. The Committee notes the Government’s indication that sections 2 and 28 of the Technical Regulations Act No. 184-FZ of 27 December 2002 require any natural or legal person to apply for and receive a certificate of conformity confirming the compliance of a worksite, including its machinery and equipment, with the technical regulations. However, it appears to the Committee that these sections relate to the conformity of the applicant’s products with technical regulations, whereas Article 13 of the Convention relates to the application of the obligations of employers and workers regarding the use of machinery to self-employed workers. The Committee requests the Government to clarify whether the requirement to apply for a certificate of conformity under the Technical Regulations Act applies to the use of machinery, and to provide further details on the manner in which it is ensured that the obligations of employers and workers on the use of machinery apply to self-employed workers.

Application in practice. The Committee notes the information submitted with the Government’s report on the number of labour inspections undertaken to monitor safety at work, the number of violations identified, the number of workers suspended from their jobs following violations related to occupational safety and health, and the number of facilities temporarily prohibited from operating. The Committee notes that there is no specific information relating to the guarding of machinery as covered by this Convention. The Committee requests the Government to provide further specific information on the number and nature of the contraventions reported in relation to the application of the Convention as well as the number, nature and cause of accidents reported.