Chapter III. Measures in common

570. Certain basic principles have emerged from the ILO's experience in setting international standards which are invariably included, with suitable adaptations, in all instruments on a given subject. Three such subjects are dealt with here as concerns both guarding of machinery and the working environment: (1) the role of employers' and workers' organisations in implementing the instruments, (2) information and training of workers, and (3) measures of supervision and application.

A. Role of employers' and workers' organisations

I. Consultations with employers' and workers' organisations

571. It has long been recognised that tripartite consultations are an effective means of achieving the objectives of international labour standards, and provisions to ensure this constitute a common feature of all ILO Conventions and Recommendations adopted since the Second World War. There are some instruments which deal with subjects where the need for these consultations is particularly strongly felt, including the standards concerning occupational safety and health. The special provisions for consultations with employers' and workers' organisations which are included in these standards reflect the vital role they play in ensuring protection of working people against hazards in the working environment.

572. Article 16 of Convention No. 119 provides that "any national laws or regulations giving effect to the provisions of this Convention shall be made by the competent authority after consultation with the most representative organisations of employers and workers concerned and, as appropriate, manufacturers' organisations". The same provision is contained in Paragraph 19 of Recommendation No. 118.

573. Several other Articles of the Convention include specific requirements that measures to implement them be taken only after consultations with these organisations. These provisions are the following:

-- Article 1(2): decisions to determine whether and how far manually driven machinery shall be covered; the initiative for consultation can be taken by employers' and workers' organisations themselves;

-- Article 5(3): provision for temporary exemption from the prohibition of the sale, hire, transfer in any other manner or exhibition of machinery without appropriate guards (also Paragraph 5(3) of the Recommendation);

-- Article 9(3): provision for temporary exemption from the prohibition of use of machinery without appropriate guards (also Paragraph 10(3) of the Recommendation);

-- Article 17(2)(a): determination of the undertakings or branches of economic activity where machinery is extensively used for the purpose of limiting the scope of application of the Convention by a declaration; the initiative for consultation can be taken by employers' and workers' organisations themselves.

574. Convention No. 148 refers to tripartite consultations as a general principle to be applied in implementing national measures, both of legal and practical character, for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration. Such consultations are thus regarded as an essential element in constructing the statutory and operational framework of the national policy with regard to the safety of the working environment along the lines laid down in Article 4 of the Convention. Article 5 of Convention No. 148 provides in its first two paragraphs that in giving effect to the provisions of this Convention, the competent authority shall act in consultation with the most representative organisations of employers and workers concerned; and that representatives of employers and workers shall be associated with the elaboration of provisions concerning the practical implementation of the measures prescribed in pursuance of Article 4. The words "in consultation" were used in this Article instead of the more usual expression "after consultation" to point out that there may be several levels of consultation at various stages in the procedure established to give effect to the provisions of the Convention, and that these organisations should be actively involved in the processes of decision-making and implementation.

575. This principle of associating employers' and workers' organisations in the implementation of the measures required by the Convention is further reflected in a number of other provisions of Convention No. 148 expressly requiring their previous consultation or the use of other methods of taking account of their opinion. Previous consultations of employers' and workers' organisations concerned are required for ratifying States by Article 1, paragraph 2, and Article 2, paragraph 1, in respect of any exception that may be made under the Convention. Also, the opinion of technically competent persons designated by the most representative organisations of employers and workers concerned shall be taken into account by the competent authority in the elaboration of the criteria and the determination of exposure limits, in accordance with Article 8, paragraph 2, of the Convention.

576. Following the approach taken by the Convention, Recommendation No. 156 also provides in a general manner in Paragraph 27 that, in giving effect to its provisions, the competent authority should act in consultation with the most representative organisations of employers and workers concerned. The obligation of the competent authority to consult these organisations is specially emphasised when it takes measures, provided for in Paragraph 13 of the Recommendation, with a view to the reduction of exposure through suitable systems or schedules of work organisation, including the reduction of working time without loss of pay. Finally, according to Paragraph 22(1) concerning promotion of research in the field of prevention and control of hazards in the working environment, the competent authority should act in this area "in close co-operation with employers' and workers' organisations".

577. As was pointed out in the Committee's recent survey on Tripartite Consultation (International Labour Standards), the obligation to consult employers and workers or their organisations before the enactment of legislation or regulations, or in regard to the application of certain of their provisions, or as to derogations or optional exceptions, is the most frequently used form of provisions to associate workers and employers in the implementation of Conventions, and is found in over 60 Conventions. (Endnote 1)

578. In practical terms the Committee of Experts has not, of course, considered that these Conventions require that measures already taken by ratifying countries at the time of ratification should have been taken only after consultations. However, any new measures taken subsequent to ratification, and any review or modification of the provisions contained in national legislation or regulations to comply with the Convention's requirements, should be carried out only after the consultations to which the Convention refers.

579. In one case in which the Committee inquired from a ratifying country whether new legislation was adopted in consultation with the organisations concerned, the Government indicated that employers' and workers' organisations are consulted only when laws are being drafted, while the adoption of ministerial decisions is a prerogative of the competent Minister. The Committee pointed out "that the Convention provides for any national laws or regulations giving effect to the Convention to be taken by the competent authority after consultation with the most representative organisations of employers and workers concerned" and expressed the hope that in future such consultations would take place. (Endnote 2)

580. Attention should also be called to the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), which requires ratifying States to hold consultations at appropriate intervals with organisations of employers and workers on among other things, the effect to be given to other ILO instruments and the accompanying Recommendation No. 152 calls for similar consultations.

(a) General measures for consultations on safety and hygiene

581. In most countries in which mechanisms for tripartite consultations have been established, there would appear to be a general arrangement for consultations with the organisations concerned, with regular meetings or other methods to ensure that their views be heard on any matters that concern them. (Endnote 3) In some countries such mechanisms include tripartite bodies with special responsibility in occupational safety and health. (Endnote 4) Autonomous bodies also exist at the national level for safety and health in agriculture. (Endnote 5)

582. There are examples where elaboration of new legislation is confined to special tripartite committees. (Endnote 6)

583. In Congo the Government intends to reactivate the work of the Technical Consultative Committee on Hygiene and Safety which comprises equal number of employers' and workers' representatives. (Endnote 7)

584. In some countries procedures for consultation and co-operation with occupational organisations are established within the organisational framework of national plans for occupational health. (Endnote 8)

585. Consultations with employers' and workers' organisations in the elaboration and supervision of the safety and health legislation are a long-established practice in the Nordic countries, where their representatives are included in the national bodies having special responsibility for safety and health issues. In Sweden, for example, the Working Environment Act was elaborated by a special commission which included representatives of employers' and workers' organisations.

586. In the socialist countries the trade unions have the right to participate in the formulation and implementation of labour law. They can present proposals for new legislation to the competent authorities at all levels, and exercise supervision over the observance of the existing labour legislation particularly in the field of occupational safety and health. (Endnote 9)

(b) Measures of consultation on guarding of machinery

587. A number of the reporting countries stated generally in their reports that organisations of employers and workers were consulted in the elaboration of the legislation or regulations on the guarding of machinery and in their application, most often through standing tripartite consultative bodies. (Endnote 10)

588. The report of the Government of Colombia, which refers to a draft Basic Standard on the Guarding of Machinery, indicates that it was submitted to full tripartite consultations before transmission for final drafting to the National Committee on Occupational Health, which includes employers' and workers' representatives. Similar measures apply in Costa Rica, where the functions of an analogous body include preparation of draft laws and regulations. (Endnote 11) The Government's report indicates, however, that the procedures of consultations with occupational organisations which have been used on occasion are still to be adopted on a systematic basis.

589. In a number of cases the relevant legislation or government reports indicate specifically that employers' and workers' organisations must be consulted before taking measures connected with the prevention of occupational accidents due to machinery. (Endnote 12) In the USSR the state system of standardisation provides that all standards that contain requirements on occupational safety and health adopted at any level of the economy (national, republican, in any particular branch of industry or individual undertaking) should be approved after consultation with the respective trade union committee. (Endnote 13) Consultation with the trade unions concerned is required already at the stage of initiating the technical work on drafting, revising or completing a standard. (Endnote 14)

590. The reports of some countries do not contain any indication of whether employers' and workers' organisations were consulted when the legislation or other measures were adopted. Some of them stress nevertheless that these organisation co-operate to a varying extent in the application of the regulations in force, for example, through the work of safety and health committees created in the undertakings. (Endnote 15)

591. Some reports indicate simply that the labour inspection service operates in close co-operation with the employers' and workers' organisations (Endnote 16) or that they may be called upon to co-operate in the application of the provisions of this Convention through seminars, radio programmes, pamphlets, etc. (Endnote 17)

592. The Government of New Zealand indicated in its report that organisations of employers and workers are not called upon to co-operate in the application of the legislation but that from time to time they are consulted in order to develop agreed means of compliance with the Machinery Act in respect of machinery in particular industries, and these organisations would be consulted as a normal practice should any laws or regulations be changed to give further effect to the instruments on the guarding of machinery.

593. A number of reports highlighted the role of employers' organisations. One government stated, for example, that in conditions where most of the equipment was imported from abroad the employers' organisations are called upon to play an important role in making employers buying foreign machines more aware of the need to consider the safety aspect. (Endnote 18)

594. Furthermore, the responsibility for initiating the consultations is not the exclusive prerogative of governments; employers' and workers' organisations may also request such consultations, inasmuch as no specific reference to the subject appears in the instruments. Moreover, as was pointed out earlier, Convention No. 119 and Recommendation No. 118 specifically recognise their right to initiate consultations on certain particular questions.

595. The importance of tripartite consultations in the field of occupational safety and health should not be overlooked by governments, whether or not any Conventions requiring it have been ratified. The representatives of the employers and workers in each country can make a valuable contribution to the decisions the government makes. The Committee of Experts wishes to point out that employers and their organisations must take a leading role in preventing occupational accidents and diseases and in improving conditions of work, and that they should seek and rely on the active participation of the workers' organisations in doing so.

II. Consultations with manufacturers' organisations

596. Apart from employers' and workers' organisations, Convention No. 119 requires that, as appropriate, manufacturers' organisations should be also consulted by the competent authority before any national laws or regulations giving effect to the provisions of this Convention are made (Article 16), and in case of allowing temporary exemption from the prohibition of the sale, hire, transfer in any other manner and exhibition of machinery without appropriate guards (Article 5(3)). Analogous provisions are found in Paragraphs 5(3) and 19 of Recommendation No. 118.

597. Some members of the competent Conference Committee considered that the instruments "did not need to be so explicit, since these organisations would in practice be consulted through employers' organisations". (Endnote 19) It appears from the little information provided on this subject in governments' reports, that manufacturers' organisations are in fact generally consulted through employers' organisations. In some cases such consultations are, however, expressly provided for in the legislation. In Switzerland, for instance, representatives of the manufacturers or importers of machinery should be consulted by the competent authority before adopting ordinances laying down safety requirements for such machinery. (Endnote 20)

III. Employer-worker collaboration

598. The importance of collaboration between employers and workers in questions of occupational safety and health is specially brought out by Convention No. 148. According to its Article 5, paragraph 3, "provision shall be made for as close a collaboration as possible at all levels between employers and workers in the application of the measures prescribed in pursuance of this Convention".

599. More concrete measures to apply this general principle are specified in a number of provisions referring to rights and facilities which should be afforded to workers and their representatives in order to collaborate effectively in the application of the prescribed measures. Convention No. 148 provides in its Article 7, paragraph 2, that "workers or their representatives shall have the right to present proposals, to obtain information and training and to appeal to appropriate bodies so as to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment". These rights of workers and their representatives would enable them to play an active role in the face of risks and to take the initiative regarding health protection by, as appropriate, making suggestions on safety and health matters, pointing out instances of non-compliance with regulations to the employer or to the inspectorate, and exercising a right of appeal where necessary. The fact that this provision refers to workers "or" and not "and" their representatives was due mainly to the difficulty related to the provision giving them a right to training, since this could not be given to workers' representatives foreign to the undertaking. (Endnote 21)

600. The rights and facilities that should be given to workers and their representatives are further detailed in Paragraphs 21(2) and 24 of Recommendation No. 156. In Paragraph 21(2) it is recommended that "representatives of the workers of the undertaking should be informed and consulted in advance by the employer on projects, measures and decisions which are liable to have harmful consequences on the health of workers, in connection with air pollution, noise and vibration in the working environment". In order to be able "to play an active role in respect of the prevention and control of, and the protection against" defined occupational hazards, as provided by the Recommendation, workers' representatives within undertakings "should have the facilities and necessary time", as laid down in Paragraph 24 of the Recommendation. For this purpose, they should also "have the right to seek assistance from recognised experts of their choice".

IV. Workers' participation in supervision

601. Closely related to the exercise of these rights is the question of establishing good working relations between representatives of employers and workers and labour inspectors. Convention No. 148 introduced for this purpose a provision affording the opportunity to employers' and workers' representatives in the undertaking to accompany inspectors on their rounds. According to Article 5(4) of the Convention, "representatives of the employers and representatives of the workers of the undertaking shall have the opportunity to accompany inspectors supervising the application of the measures prescribed in pursuance of this Convention, unless the inspectors consider, in the light of the general instructions of the competent authority, that this may be prejudicial to the performance of their duties".

602. In the discussion that preceded the adoption of this provision two concerns were noted. (Endnote 22) One was the need to preserve the freedom of action of labour inspectors who should be able to carry out inspections without previous conditions being laid down, and should therefore be able to refuse to be accompanied by the representatives in question. This concern was reflected in the clause "unless the inspectors consider ... that this may be prejudicial to the performance of their duties". The representative of the Legal Adviser of the Conference indicated that the deletion of this clause would create difficulties for member States that had ratified Conventions Nos. 81 and 129 on labour inspection, which contain a related provision. On the other hand, some members of the competent Conference Committee pointed out that the possibility that representatives accompany the inspector on his rounds should not be subject to an arbitrary decision on the latter's part, but should be founded on instructions laid down by the competent authority. The Committee accordingly agreed to include in the above-mentioned clause the expression "in the light of the general instructions of the competent authority".

B. Information and training of workers

603. Education and training in safe working methods and an objective knowledge of the hazards are essential factors in the prevention of occupational accidents and diseases. Measures to this effect are provided for under both sets of instruments. Under Article 10, paragraph 1, of Convention No. 119 and Paragraph 11(1) of Recommendation No. 118, "the employer shall take steps to bring national laws or regulations relating to the guarding of machinery to the notice of workers and shall instruct them, as and where appropriate, regarding the dangers arising and the precautions to be observed in the use of machinery". In proposing the inclusion of this provision, reference was made to various measures which may be taken by the employer, such as posting relevant texts at the workplace, while Workers' members of the Conference Committee stressed the need to set up training programmes for workers.

604. By the time that Convention No. 148 and Recommendation No. 156 were adopted, thinking on the subject of information and training had evolved considerably. Thus, Article 7, paragraph 2, of Convention No. 148 lays down the right of workers or their representatives "to obtain information and training". This is linked to their right to present proposals and to appeal to appropriate bodies so as to ensure protection against occupational hazards due to air pollution, noise and vibration in the working environment, which is examined elsewhere in this survey. The right to obtain information and training is further supported by the provisions of Article 13 of the Convention which requires that all persons concerned shall be adequately and suitably informed of potential occupational hazards in the working environment due to air pollution, noise and vibration and instructed in the measures available for the prevention and control of, and protection against, those hazards.

605. Recommendation No. 156 lays particular stress in Paragraph 21(3) on the importance of the pre-assignment information and instruction of workers. It provides that before being assigned to work liable to involve exposure, workers should be informed by the employer of the hazards, of safety and health measures, and of the possibilities of having recourse to medical services. Taking account of the wide use of dangerous substances, the Recommendation suggests taking special measures concerning information on their possible effects. In Paragraph 25 it is proposed that measures be taken to ensure that adequate information is available on the results of any relevant tests relating to the use at the workplace of a harmful substance, and on the conditions required to ensure that, when properly used, it is without danger to the health of workers.

606. Paragraph 21(1) of Recommendation No. 156 calls on the competent authority to take measures to promote the training and information of all persons concerned with respect to the prevention and control of, and protection against, existing and potential occupational hazards in the working environment due to air pollution, noise and vibration. In Paragraph 23 the Recommendation also invites employers' and workers' organisations to take positive action to carry out programmes of training and information for the same purpose.

607. A large number of countries have adopted measures to ensure in various ways and to various degrees that the necessary information and training are provided to workers. The legislation of a number of countries requires employers to inform workers of the hazards involved in their work and to provide instruction in precautionary measures. (Endnote 23) Such measures are often applicable specifically to work with machinery. (Endnote 24) In a number of cases there are requirements that such training and instruction take place, in particular, before a worker's first employment and every time he is transferred to another job of a different nature. (Endnote 25)

608. In a number of cases special measures are provided for in regard to young people, such as not allowing workers under 18 years of age to work on dangerous machinery unless they have received sufficient training in work at that machine and are under the constant direct supervision of a person who has a thorough knowledge of the machine. (Endnote 26) In at least one country, such measures requiring training are provided for only in respect of young people. (Endnote 27) (It may be noted that measures of this kind were also examined by the Committee in its General Survey of 1981 on Minimum Age; see especially Chapter IV.)

609. It may also be prohibited to employ workers under 18 years of age (Endnote 28) and women workers (Endnote 29) in maintenance work on machinery in motion or to employ on machinery any operator without testing whether he has the necessary technical knowledge, subject to this knowledge being tested by the labour inspector. (Endnote 30)

610. Provision is sometimes made for special instructions to be prepared and special training and supervision to be provided for jobs that may involve a special danger to life or health. (Endnote 31)

611. Provisions in some countries provide generally for the training of workers in occupational safety and health (Endnote 32) or in relation to particular risks inherent to the work performed. (Endnote 33) The legislation sometimes goes so far as to specify the languages in which such training is to be provided. (Endnote 34) In one country the law obliges the employer to explain to all illiterate persons employed on or near the machinery the safety provisions posted in the undertaking. (Endnote 35)

612. In addition to training, information may be provided to workers in other ways. The legislation of a number of countries obliges employers to bring the relevant legislation and rules to the notice of workers, (Endnote 36) often specifying that this shall be done by posting the relevant texts, or summaries of them, in the undertaking. (Endnote 37) Requirements are also found for the establishment of internal rules on safety in the undertaking, and for making these available to workers. (Endnote 38) The legislation of some countries requires employers actually to hand to workers written instructions for avoiding occupational accidents and diseases. (Endnote 39)

613. In addition to employers being required to post notices, they may also be required to allow such notices to be posted by the authorities. (Endnote 40)

614. It is not only employers who have responsibilities in this area of providing information and training. In some countries, workers are informed through their representatives or through joint committees on safety and health, which are established in the undertaking, with broad responsibilities in matters relating to training, instruction and information of workers. (Endnote 41) In some countries it is the workers' representatives who are responsible for ensuring that health and safety laws and regulations are applied. (Endnote 42) Mention should, of course, be made in this connection of the highly developed system of trade union responsibility in this field in the socialist countries.

615. Workers themselves may also have responsibilities in this field. While employers have a duty to ensure that adequate training and instruction is provided, the legislation of a number of countries provides that it is the worker's duty to participate in training courses given during working hours, and to co-operate in the organisation of education programmes. (Endnote 43) Legislation may also not permit a worker to continue working in his job if, after being duly warned, he does not attend a course of instruction in labour protection or fails to pass a labour protection test. (Endnote 44)

616. The Committee cannot emphasise too strongly that it significantly improves the chances of avoiding occupational accidents and diseases if proper instruction and training is given to workers. Such measures are an essential adjunct of providing other safety measures and should be developed in many more countries.

C. Measures of supervision and application

617. The instruments on guarding of machinery and on the working environment all include provisions concerning the application and enforcement of their provisions. In view of the very detailed and complex nature of the provisions of these instruments, a certain amount of emphasis may be focused on their implementation in practice. Both sets of instruments provide for the imposition of penalties for violations of the measures implementing them and for the role of the inspection services. In other respects, however, each includes measures especially applicable to its own field.

I. Imposition of penalties

618. Both sets of instruments provide that all necessary measures, including the provision of "appropriate penalties", be taken to ensure their effective enforcement. Almost all countries have specified some sort of penalties for violation of the legal provisions concerning guarding of machinery and somewhat fewer -- in view of the less developed character of this legislation -- concerning the working environment. The variety and severity of the penalties adopted is extremely wide, normally including fines, imprisonment or both. In some cases, specific penalties are laid down for violations of each provision of national law, and in others, general penalties are laid down to be applied in detail by judicial or administrative authorities.

619. The measures taken by the reporting countries to provide for penalties are not examined in detail here in view of their variety and complexity. These instruments do not provide for any specific penalties, indicating only that they must be "appropriate" and must "ensure the effective enforcement" of the instrument. It is, of course, difficult to assess what would be appropriate and effective penalties in each case. The Committee of Experts has frequently observed that effective application of instruments depends largely on the existence of provisions imposing sufficiently deterrent sanctions for violations. The Committee would emphasise again on this occasion the need for governments to review the adequacy of the penalties laid down in the legislation; and particularly where progress in the implementation of the prohibitions imposed by the Convention continue to be slow, to consider increasing the penalties to a sufficiently high level to discourage offences. (Endnote 45) In general, it may be said that fines should not be merely nominal, thus affording no effective deterrence to violations. Imprisonment is by its nature a much harsher penalty and it appears from the governments' reports that most often it is prescribed only for repeated offences. Whatever the severity of the penalties laid down, they will only be effective if they are in fact applied, which requires measures whereby they can be brought to the attention of the judicial and administrative authorities.

620. Special mention should perhaps be made of cases where non-compliance with the safety measures prescribed by insurance agencies may result in substantial increases in the insurance paid by the employer. In Costa Rica, for example, where employers are obliged to insure workers against occupational risks, the increase in question may amount to 50 per cent. (Endnote 46)

II. Inspection services

(a) General measures

621. Both Conventions and both Recommendations contain the usual provisions that governments should provide appropriate inspection services for the purpose of supervising the application of the provisions of the instruments, or should satisfy itself that appropriate inspection is carried out. (Article 15(2) of Convention No. 119, Paragraph 17(2) of Recommendation No. 118, Article 16(b) of Convention No. 148 and Paragraph 26(b) of Recommendation No. 156.) Labour inspection services have been the subject of several Conventions and Recommendations, in particular the Labour Inspection Convention (No. 81) and Recommendation (No. 81), 1947 and the Labour inspection (Agriculture) Convention (No. 129) and Recommendation (No. 133), 1969. Both of these Conventions provide for the functions of the system of labour inspection to include the enforcement of legal provisions relating to "conditions of work and the protection of workers while engaged in their work such as provisions relating to ... safety, health and welfare ... and other connected matters, in so far as such provisions are enforceable by labour inspectors. (Endnote 47) They also lay down very wide powers of labour inspectors in respect of occupational safety and health matters, ranging from prevention of accidents to making remedial orders with immediate executory force. These instruments have been very widely ratified, so that more than 100 countries are bound by Conventions expressly requiring the labour inspection services to enforce the provisions referred to in this survey.

622. The ILO instruments on labour inspection were the subject of a recent survey of the Committee, in which the application of the above-mentioned provisions was studied in detail. (Endnote 48) On that occasion the Committee drew special attention to the increasing importance of the preventive function of the labour inspectorate in view of the fact that the accident rate is still dramatically high in the industrial sector as well as in agriculture. To exercise this function effectively in respect of new or existing establishments, plant, machinery, substances and processes, the labour inspectorate should have prior knowledge and control. As was pointed out by the Committee:

Several factors make this increasingly important. The speed of technical change continues to increase: new chemicals are brought into being and radioactive materials find wider use. Machinery and chemicals created in one country are used in another country, often with a lack of technical information accompanying their transfer. Workplaces are used for a variety of changing operations and the processes and materials used are rapidly changing. However vigilant the inspectors, they will need assistance from other agencies whose specialised functions (e.g. control of environmental planning) or knowledge (e.g. research and development institutes) are essential to supplement the inspectors' knowledge. (Endnote 49)

(b) Special measures concerning machinery

623. The legislation of some countries contains special provisions concerning inspection of dangerous machinery. Indeed, the legislation on the guarding of machinery sometimes establishes separate inspection services and the powers of inspectors in respect of machinery. (Endnote 50) In New Zealand, for instance, the legislation concerning mines, quarries and tunnels specifically provides for inspectors for these sectors to have all the powers of inspectors of machinery under the Machinery Act. (Endnote 51)

624. Inspection of dangerous, or potentially dangerous, machinery at specified intervals or on specified occasions is provided for in a number of cases. In Finland, for instance, it is provided that, where no specific provision has been made for the technical inspection of equipment, an inspection shall be carried out before the equipment is put into service and later inspections shall be made at regular intervals. (Endnote 52) In a number of other countries, machines a defect in which might cause an accident should be inspected at regular intervals, and the employer is required to keep a safety register where the record of inspections must be entered and which should be made available to labour inspectors. (Endnote 53)

625. While it is normally the state labour inspectorate which is responsible for ensuring the safety of machinery in undertakings, their role may be supplemented or even replaced by others. In Chile, for instance, it is not the labour inspectorate but the National Health Service which exercises general responsibility for supervising accident prevention, hygiene and safety in all workplaces. (Endnote 54)

626. Employers may also be given specific responsibilities in this area, for instance, being required to inspect machinery periodically and to appoint persons to be responsible for its maintenance and operation. (Endnote 55) They may also be required to establish a separate service for inspection in addition to the state inspection services. (Endnote 56) These services may be required to examine dangerous areas in the undertaking and propose adequate corrective measures. (Endnote 57)

627. In many countries inspection services are assisted by workers' or safety delegates in the undertakings who are also required to supervise the application of safety and health regulations (Endnote 58) and may carry out, together with the employers' representatives, their own inspections of the undertaking. (Endnote 59)

628. In the socialist countries, where trade unions exercise to a large extent the functions of a labour inspectorate, they may make orders and prescribe regulations for the installation and use of certain safety devices in the undertakings. (Endnote 60) In China, for example, a circular of the All-China Federation of Trade Unions adopted on 15 July 1986 required the labour protection inspectors of the trade union groups to make at least one inspection in each shift, and workshop trade union organisations are required to carry out two inspections every month while the trade union committee of the undertaking has to inspect once every month. (Endnote 61)

629. For the purpose of supervising the application of these instruments, special mention may be made of the system of official certification of machinery and guards established in France and in other French-speaking countries. This system provides for renewed certification in case of any modification of a machine previously certified, and for the possibility of checking when necessary the conformity of machinery which is manufactured, imported, sold, etc. with the certified models. (Endnote 62)

III. Appointment of a competent person or service

630. Article 15 of Convention No. 148 provides that: "On conditions and in circumstances determined by the competent authority, the employer shall be required to appoint a competent person, or use a competent outside service or 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."

631. The basic concept behind this provision is that in all undertakings there should be someone responsible for overall general safety procedures and for co-ordinating efforts at the workplace. However, the size and resources of the undertaking may be an obstacle to the appointment of a competent person. To take care of the situation of small undertakings in particular, Article 15 includes the further possibility of using a competent outside service or service common to several undertakings. In discussing this provision, the competent Conference Committee laid particular emphasis on the need to make it sufficiently flexible to meet the variety of national practices. Moreover, the conditions and circumstances to be determined by the competent authority in pursuance of Article 15 come within the framework of Article 16 of the Convention, which is general in scope and gives wide freedom to governments to choose methods of giving effect to the Convention "consistent with national practice and conditions".

632. It should be pointed out that the fact that the employer appoints a person or outside service to deal with matters of prevention does not in any way relieve him of his responsibilities in this connection.

D. Co-operation between member States

633. One of the distinctive features of Recommendation No. 118 is that it suggests in its Paragraph 18 means of promoting co-operation between countries involved in international transactions concerning machinery with a view to ensuring its guarding in accordance with the requirements of Convention No. 119. It suggests bilateral or multilateral arrangements, uniformity in occupational safety and hygiene standards relating to machinery; and that in making such arrangements, Members should have regard to the relevant model codes of safety regulations and codes of practice published by the International Labour Office, and to the appropriate standards of international organisations for standardisation.

634. With respect to the last suggestion, particular mention should be made of the Model Code of Safety Regulations for Industrial Establishments for the Guidance of Governments and Industry which was issued by the International Labour Office as far back as 1948, has had a number of editions and is currently being revised. At its 234th Session in November 1986, the Governing Body of the ILO decided to publish the Code of Practice on Safety, Health and Working Conditions in the Transfer of Technology to Developing Countries which provides guidance on the procedures to be followed by sending and receiving countries for ensuring proper safety and health standards for their co-operation in the transfer of technology involving processes, equipment or substances. The subject of guarding of machinery is also widely dealt with in different ILO codes of practice on safety and health in particular industries or occupations. Some of them even concern safe construction and use of special pieces of equipment, e.g. tractors, lifts or chain saws.

635. Only a few countries referred in their reports to measures of co-operation. Some Western European countries referred to the action by the European Community to remove barriers to trade, especially concerning the supply of goods. The report of the United Kingdom mentions that machinery guarding is likely to figure significantly in this activity through the use of standards aligned to directives containing essential safety requirements. Anticipating that these directives could conflict with Convention No. 119, the Government stated that it does not intend at present to adopt measures to give effect to those provisions of the Convention not yet covered. The Government of Finland stated that at the international level harmonisation of standards concerning guarding of machinery chiefly takes place within the scope of the different international standardisation organisations, such as ISO, CEN, CENELEC, and IEC.

636. One country indicated that progressive application of the provisions of these instruments would be carried out in conformity with the standards adopted by the Industrial Safety and Health Committee of the Standardisation and Metrology Organisation of the member States of the Gulf Co-operation Council. (Endnote 63)

637. Other governments indicated that no relevant bilateral or multilateral arrangements have been entered into. Some governments did report measures at the national level. The Government of New Zealand stated in its report that the legislation places an obligation on importers to ensure that imported machinery complies with statutory requirements but contains no restrictions on the export of machinery which does not comply with them.

638. The Government of Costa Rica has provided for special regulation to be adopted on the safety devices and general characteristics of machinery and equipment imported into the country and has established procedures, whereas safety devices and personal protection equipment may be imported without any taxes. (Endnote 64)

639. Certain countries accept official certificates on the efficacy of guards used on machinery delivered in other countries as a proof that they have been certified. (Endnote 65)

E. Situation in practice and difficulties

640. The Committee has taken note, wherever possible, of the situation in practice in the reporting countries, and of the difficulties pointed out in governments' reports in giving effect to these instruments or in ratifying the Conventions. While most of the reports do not contain information which would allow the Committee to come to any conclusions in this connection, others do permit it to have a good idea of the situation.

641. In certain cases national plans for the development of occupational safety and health contain a detailed analysis of the situation, highlighting the difficulties encountered in the country and the ways in which they are being overcome. The National Plan for Occupational Health (1985-90) of Costa Rica stipulates, for instance, that there is a serious need for the development of technical standards on such subjects as inspection, collective and personal protective equipment, unified criteria for signs and labels in workplaces and for taking samples of contaminants, etc. The Plan also designates branches of economic activity where safety measures should be promoted on a priority basis. (Endnote 66)

642. One government indicated in its report that for the moment the country does not dispose of sufficient material and human resources to apply efficiently the provisions of Convention No. 119 and Recommendation No. 118, some of which are covered by the national legislation or practice. No provisions exist in the country to give effect to Convention No. 148 and Recommendation No. 156 on the working environment, but in practice special protective equipment against air pollution, noise and vibration is supplied to workers in the occupations concerned. The role of the joint committees in the undertakings on safety and hygiene is particularly highlighted in that respect. The government pointed out at the same time that the whole body of safety and health legislation is currently being brought up to date. The report particularly mentions that those provisions of Convention No. 119 which are not applied at present will be given effect after the termination of this process. (Endnote 67)

643. Another government indicated that though it was not found possible to ratify the Conventions under survey, they were brought to the attention of the competent authorities as well as central workers' and employers' organisations, which actively collaborate in practical implementation of their provisions. As concerns the instruments relating to the working environment, a wider consensus is sought by involving social and educational institutions and clinics to suggest measures of controlling pollution, which is still not a serious problem on account of limited industrial activity and other conditions prevailing in the country. Certain measures to this end, mainly by way of administrative regulations, have been taken in respect of traditional industries, e.g. carpet weaving. The government indicates that major legislative work is being undertaken with a view to the elaboration of a labour code which would legislate on all issues contained in these instruments and would eventually permit their ratification and acceptance. (Endnote 68)

644. The reports of some countries indicate that no modifications have yet been made in the national legislation or practice with a view to giving full effect to the instruments, but that such measures are now under active consideration, including the more effective organisation of the inspection function and enforcement of the legal provisions concerning the guarding of machinery. (Endnote 69)

645. Important changes are taking place in the legislation and practice or some ratifying countries which have a direct bearing on the application of the instruments on the guarding of machinery. The influence of ILO standards and technical assistance provided by the Organisation sometimes play a major role in stimulating this process. For example, in 1981 a multidisciplinary ILO mission visited Cyprus in the framework of PIACT, and submitted a report with a number of recommendations for the improvement of working conditions and the working environment. One of the main recommendations refers to the introduction of a new "wide-scope" law on working conditions and environment and the protection of workers' health and safety, which would cover all workplaces throughout the nation's economy. In its last report on Convention No. 119, the Government of Cyprus stressed that it was taking the necessary action for the introduction of new occupational safety and health legislation covering all branches of economic activity, which would ensure full compliance with the Convention. The Government has decided, as an interim measure, to amend the existing Factories Act so as to comply in the near future with those provisions of the Convention which were not yet covered by this Act.

646. The Government of China indicated in its report that two national standards were promulgated in 1985, "Technical requirements for light-type safety device for presses" and "General rules for designing production facilities in accordance with safety and health requirements", and have achieved good results in the protection against industrial accidents. Rules for safety in the use of wood-working machinery and grinding machinery will be established in the near future. The report further indicates that a safety regulation on guarding of machinery is being drafted and that the Government is now examining the Convention and considering the possibility of ratification.

647. The Government of New Zealand, highlighting the existing differences between the national legislation and the Convention as to the coverage of machinery and exceptions provided, stated in its report that, while no measures are proposed to give effect to those provisions of the Convention not yet covered, it would refer its report on the Convention and Recommendation to the recently established tripartite Advisory Council for Occupational Safety and Health which has the role, among others, of advising the Government on the implications for New Zealand of ILO Conventions and Recommendations concerning occupational safety, health and welfare. Other countries indicated that at present they had no intention of adopting measures to give effect to these instruments, as local conditions did not warrant it. (Endnote 70)

Endnotes

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Cross references
Constitution: Article 19
Constitution: Article 22
Constitution: Article 35
Conventions: C081 Labour Inspection Convention, 1947
Conventions: C129 Labour Inspection (Agriculture) Convention, 1969
Recommendations:R081 Labour Inspection Recommendation, 1947
Recommendations:R133 Labour Inspection (Agriculture) Recommendation, 1969
Recommendations:R152 Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976