Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

1. The Committee refers to its previous comments as well as to the letter of 17 October 2003 sent by the ILO to the Ministry of Labour and Social Protection of Population pointing out that the Government’s latest report submitted in 2003 does not contain a complete reply to the questions asked in the Committee’s previous comments. In addition to the following questions, the Committee reiterates its request that the Government supply copies of the collective agreements that reportedly give effect to Articles 11, 12 and 13 of the Convention.

2. Article 11, paragraph 1, of the Convention. Prohibition to use any machinery without the guards provided being in position. The Committee recalls that the Government has indicated that effect is given to this Article through sections 218, subsection 7, and 229 of the Labour Code, stipulating that the operation of equipment shall be stopped by the body responsible for state supervision of compliance with labour legislation if it does not meet occupational safety and entails a risk to the worker’s health and life. The same applies if this machinery fails to comply with occupational safety standards and regulations and may pose a threat to the employee’s health or life. Previously, the Committee noted that these provisions are not sufficiently specific to meet the requirements of the Convention. The Committee requests the Government to indicate specific measures taken in accordance with the Convention ensuring that workers shall not be required to use any machinery without the guards provided being in position.

3. Article 12. Protection of the rights of workers under national social security or social insurance legislation. The Committee notes that the Government’s reports remain silent on this question and requests the Government to indicate measures ensuring that the rights of workers under national social security or social insurance legislation shall not be affected by the ratification of this Convention.

4. Article 13. Application to self-employed workers of the obligations of employers and workers. The Committee notes that in this context the Government refers to section 208 of the Labour Code which stipulates that occupational safety standards and regulations defined by this Code and other regulations shall apply to all the workplaces where five categories of persons enumerated in this provision work. However, the Committee notes that this section contains no reference to self-employed persons, which, in accordance with this Article, should be covered by the provisions of Part III of the Convention, if and in so far as the competent authority so determines. The Committee requests the Government to indicate, whether and to what extent, the provisions of Part III of the Convention relating to the obligations of employers and workers apply to self-employed persons.

[The Government is asked to reply in detail to the present comments in 2007.]