Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Guarding of Machinery Convention, 1963 (No. 119) - Azerbaijan (Ratification: 1992)

The Committee takes note of the information provided by the Government in its latest report. The Committee notes that this report does not contain the complete reply to questions asked in its previous comments.

The Committee refers to its previous comments where the Government has been asked to supply a copy of collective agreements giving effect to Articles 11, 12 and 13 of the Convention. The Committee notes that copies of such collective agreements have not been supplied with the Government’s latest report, and requests the Government to supply them with its next report.

Article 11, paragraph 1, of the Convention. The Committee notes that in accordance with section 218, subsection 7, of the Labour Code of the Republic of Azerbaijan the operation of equipment which does not meet occupational safety and entails a risk to the workers’ health and life shall be stopped by the body responsible for state supervision of compliance with labour legislation until they are brought into conformity with occupational safety requirements. The Committee also notes that section 229 of the same Code stipulates that the operation of machinery shall be stopped, until the violations are eliminated, if this machinery fails to comply with occupational safety standards and regulations and may pose a threat to the employee’s health or life. The Committee points out that such provisions are too general.

The Committee requests the Government to indicate measures ensuring that workers shall not be required to use any machinery without the guards provided being in position.

Article 12. The Committee notes the absence of a reply to its previous comments in the Government’s latest report and requests the Government to indicate measures ensuring that rights of workers under national social security or social insurance legislation shall not be affected by the ratification of this Convention.

Article 13. The Committee notes that in accordance with section 208 of the Azerbaijanian Labour Code occupational safety standards and regulations defined by this Code and other regulations shall apply to all the workplaces where workers, as well as some other categories, are employed. The Government is requested to indicate if the provisions of Part III of the Convention relating to the obligations of employers and workers apply to self-employed persons and, if so, to which extent.