Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

A Government representative, the Minister of Labour, noted with regret that he could not supply any substantial information on the application of this Convention at this time. He assured the Committee, however, that upon his return to his country he would look into this question in detail in order to satisfy the comments raised by the Committee of Experts.

The Workers' members also expressed their regret that the Government was unable to reply to the comments made by the Committee of Experts on this important matter. They recalled that the Committee of Experts had been making observations on this case since 1978. They noted that the last Government report was received in 1989. The national legislation only provided for fixing weight limits of loads transported by young workers and women. The Convention, however, provided that no worker shall be required or permitted to engage in manual transport of a load which by reason of its weight was likely to jeopardise his health or safety. There were, however, no limits on the weight of loads for adult men in Madagascar either in law or in practice. In Madagascar factories, traders, transporters and farmers used sacks of 90 kg, 75 kg or 70 kg which were manufactured locally. The use of sacks which were in conformity with international standards, in the opinion of the Government, gave rise to problems with respect to production cost and prices for manufacturers, users, producers and farmers. They noted from the Committee of Experts' report that in a letter from the Minister of Labour to the social partners, dated November 1988, the Government proposed that production units manufacture sacks of 55 kg or 65 kg by stages and launch them progressively on to the market "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings at the international level". Paragraph 14 of the Maximum Weight Recommendation fixed the maximum weight for loads which may be manually transported by an adult male worker at 55 kg. The Minister's recommendation was therefore not sufficient to ensure the application of the Convention. They requested the Government representative to indicate whether his Government intended to re-examine its position in this regard and to take the necessary measures to ensure conformity with the Convention for adult male workers. They also urged the Government to provide a detailed report in reply to the comments made by the Committee of Experts in order to permit a complete evaluation of this situation.

The Employers' members associated themselves with the comments made by the Workers' members. They observed that this was the first occasion this case was discussed in this Committee. They regretted that the Government representative was not in a position to provide any substantial information and stressed the practical significance of this Convention. They urged the Government to make every effort to ensure compliance with its obligations in the future.

The Government representative noted the concerns expressed by the Committee on this very important question and assured that special efforts would be made to find an appropriate solution to these problems as soon as possible.

The Committee noted with regret the lack of substantial information from the Government. It recalled that observations had been made by the Committee of Experts on this case for many years. It felt bound to conclude that no progress had been made during all these years towards compliance with the requirements of the Convention, which had been ratified by the country more than 20 years ago. Therefore. the Committee strongly urged the Government to reconsider its position and amend the existing legislation as soon as possible and to inform the ILO accordingly.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 119 (guarding of machinery), 120 (hygiene – commerce and offices) and 127 (maximum weight) in the same comment.

The Committee notes the observations of the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE) and of the General Confederation of Workers’ Unions of Madagascar (FISEMA) on Conventions Nos 13, 119, 120 and 127, received on 1 September 2022. The Committee also notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), sent with the Government’s report on Conventions Nos 13 and 127.

A.Protection against specific risks

1.White Lead (Painting) Convention, 1921 (No. 13)

Legislation. The Committee notes the Government’s reply to the previous observations of SEKRIMA concerning the deficiencies of the legal texts governing painting work. The Government indicates that a draft order updating the list of occupational diseases is in the process of being signed. The Committee requests the Government to send a copy of the text in question once it has been adopted and to indicate how it gives effect to the provisions of the Convention.

Articles 1 and 5(I) and (II). Obligation to regulate the use of white lead, sulphate of lead and of all products containing these pigments, in operations for which their use is not prohibited. The Committee notes the Government’s reply to the previous observations of SEKRIMA, which referred to the inadequacy of the means for reducing emissions of volatile organic compounds (VOCs). The Government indicates that VOC emissions are particularly observed in small and medium-sized enterprises (SMEs) and indicates that measures have been taken in this regard, particularly: (i) the inclusion of a heading on waste management in the environment section of the enterprise inspection framework; (ii) the organization of an event by the Standards Office of Madagascar, in collaboration with the occupational medical services (SMT), on the occasion of the International Lead Poisoning Prevention Week; and (iii) the organization of a number of workshops under the auspices of the Ministry of Trade and Competition, in collaboration with the Standards Office, the commercial entities in the sector and the medical services, with the aim of calibrating and standardizing paint products, including the imposition of limits on their lead content. The Committee also notes that FISEMARE refers to the absence of a preliminary study on the impact of the use of paint and states that problems resulting from the use of paint should be specified and that a text should be published indicating the measures to be taken for the protection of workers. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to continue providing information on the measures taken in the context of the aim of standardizing paint products, including the imposition of limits on their lead content.

Article 5(III) and (IV). Medical examination. Instructions. The Committee notes the Government’s reply to the previous observations of SEKRIMA concerning the medical monitoring of workers. The Government indicates that: (i) as “exposed” employees, workers employed in painting work receive medical monitoring from the SMT provided they are affiliated but it is increasingly rare for enterprises in the painting sector to be affiliated to the SMT; (ii) technical difficulties exist with regard to medical visits and the control of waste management, and the scope of investigation is limited because there is no industrial toxicology reference laboratory. The Committee also notes that the Inter-Enterprise Medical Association of Antananarivo (AMIT), which has two painting enterprises among its members, prescribes recommendations to employers, particularly with regard to: the use of products with a low or non-existent VOC content; the labelling and marking of hazardous products; the display of safety data sheets; the installation of signs for the indication of risks; the training of workers in safety measures; the increase of natural ventilation, and the installation of fans and air extractors; the fitting out of premises; and the provision of appropriate personal protective equipment. While duly noting this information, the Committee requests the Government to indicate the measures taken to ensure that actual and suspected cases of lead poisoning are notified and subsequently verified by a doctor appointed by the competent authority.

Article 7. Statistical information. Application in practice. Further to its previous comment, the Committee notes the Government’s indication that the regulations relating to the employer’s obligation to notify occupational diseases are the same for all occupational diseases, including lead poisoning, in accordance with section 170(2) of the Social Insurance Code. In this regard, the Government indicates that no notifications of cases of suspected lead poisoning have been received by the National Social Insurance Fund (CNaPS) in the last five years and that the quarterly reports sent to the Ministry of Labour by the Inter-Enterprise Health Organization of Antananarivo (OSTIE) and AMIT do not mention any cases of lead poisoning. The Committee notes the observations of SEKRIMA stating that: (i) the data assembled in the Government’s report do not reflect the national situation since they are mainly concerned with SMEs in Antananarivo and SMEs in the regions which have not made any statement or have not been consulted; and (ii) the re-emergence of paint workshops and vendors calls for action by the labour administration and the Ministry of Trade to promote the monitoring and control of the conformity of these products. The Committee requests the Government to provide more detailed information on the application of the Convention in practice, including statistical information on cases of lead poisoning among working painters, indicating in particular rates of morbidity and mortality resulting from lead poisoning, and also on the number of inspections conducted, their outcome and the number of violations reported.

2.Guarding of Machinery Convention, 1963 (No. 119)

Article 10 of the Convention. Information and instruction to be given to workers. The Committee notes the observations of FISEMARE indicating that, in order to minimize the accident rate, it would be useful to publish a text giving notice of the obligation to indicate how machinery is to be used, the risks that may arise during use, and the precautions to be taken. In this regard, the Committee notes that, under section 111 of the Labour Code, employers are required to inform and train workers regarding safety and health measures connected with the job to be performed. The Committee requests the Government to send further information on the measures to be taken by employers in order to provide appropriate information for workers on the dangers arising from the use of machinery and the precautions to be taken.

Article 15. Application and enforcement of the provisions of the Convention. The Committee notes the Government’s reply to the previous observations of SEKRIMA stating that the number of accidents notified to the CNaPS is very low, owing to the fact that supervision of the application of the Convention is not carried out officially or periodically, and that there should be an official report for notifications of this type. The Government indicates in reply that the CNaPS, in its annual reports presented to the members of the tripartite administrative council, publishes statistical data on notifications of occupational accidents which have been received and processed. The Government adds that there is no reference value for evaluating the number of accidents notified to the CNaPS other than the statistical data for accidents recorded during the last eight years and communicated in the Government’s report. Moreover, in the context of controls made in enterprises, works doctors and labour inspectors make recommendations to workers and employers to ensure better protection in the use of machinery. In the context of the Vision Zero Fund (VZF) initiative implemented between 2018 and 2021 in conjunction with the ILO’s “Safety + Health for All” programme, capacity-building was undertaken for 311 labour inspectors and controllers in the field of prevention of occupational hazards, including the use of machinery. In addition, 67 occupational physicians, 70 representatives of the Export Processing Enterprises and Partners Group (GEFP) and 93 representatives of the Confederation of Malagasy Workers (CMT) also took part in capacity-building activities. The Committee notes the observations of FISEMARE, which asks whether all accidents are notified. The Committee requests the Government to provide its comments in this respect. It also requests the Government to continue providing information on the manner in which the Convention is applied, providing further details of the number of recorded accidents related to the use of machinery and the number and type of violations recorded.

3.Maximum Weight Convention, 1967 (No. 127)

Application of the Convention in practice. The Committee notes the Government’s reply to the previous observations of SEKRIMA stating that some workers are unaware of the existence of Inter-Ministerial Order No. 50149/2009 of 8 December 2009, fixing the maximum weight for the manual transport of any load by a single male adult worker at 50 kg, and that there is a need to publicize this Order. The Government indicates in reply that: (i) AMIT has carried out awareness-raising activities, comprised 13 sessions at five major enterprises, on the handling of loads in general, including the maximum weight for the manual transport of loads; and (ii) OSTIE has organized awareness-raising sessions for its members on the subjects of ergonomics and load handling, at which appropriate technical means for handling the maximum weight for the manual transport of loads were indicated. The Government points out that the Ministry of Mining and Strategic Resources reiterates the need for boosting the dissemination of information. SEKRIMA, for its part, states in its new observations that SMEs in the regions have not been consulted regarding the data assembled by the Government which are contained in its reply. SEKRIMA also reiterates the need to encourage stakeholders to participate in the awareness-raising campaign and to ensure that the relevant laws and regulations are accessible online. The Committee requests the Government to provide its comments in this respect.

B.Protection in specific branches of activity

1.Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 14 of the Convention. Provision of suitable seats for workers. The Committee notes the Government’s indication that, according to the Directorate for Workers’ Social Security (DDST), workers must be provided with all furniture necessary for their comfort during working hours (under section 115 of the Labour Code of 2004). The Government also indicates that the provision of work equipment such as suitable seats depends on the results of the analysis of risks and jobs, and that works doctors and labour inspectors, during their visits to enterprises, issue recommendations in this respect and ensure compliance with them. The Government further indicates that during visits to enterprises, according to OSTIE, employers endeavour to make suitable equipment available to employees in their offices, but that in shops the number of seats available for workers is seen to be insufficient. While duly noting this information, the Committee requests the Government to indicate the measures taken to ensure that sufficient and suitable seats are made available to workers in shops.

Article 18. Noise and vibrations. The Committee notes the Government’s indication that during visits to enterprises occupational medical services: (i) propose appropriate measures to enterprises which have encountered difficulties by proposing insulation from the source of noise as well as earplugs and ear protectors; (ii) systematically measure noise levels with a sound level meter; and (iii) make recommendations according to the noise levels measured. The Government also indicates that during visits to establishments: (i) priority is often given to individual prevention measures such as providing workers with personal protective equipment against noise to the detriment of collective prevention measures; and (ii) preventive measures against vibrations, particularly the provision of measuring equipment, are often seen to be lacking, since not all inter-enterprise medical services have a device for measuring vibrations. The Government indicates that AMIT plans to acquire such a device in September. The Committee requests the Government to provide information on collective prevention measures which have been adopted, particularly the provision of measuring devices, to ensure that noise and vibrations likely to have a harmful effect on workers are reduced as much as possible.

Application in practice. The Committee notes the observations of FISEMARE indicating that some provisions of the Convention are not always respected, particularly regarding the provision of drinking water for workers or adequate sanitary installations. FISEMARE asserts that the Government should strengthen government controls in this respect and should introduce support measures. The Committee requests the Government to provide its comments in this respect. The Committee once again requests the Government to provide information on the number and type of violations recorded and the penalties imposed in this regard.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 2 and 4 of the Convention. Obligations relating to the hire, transfer and exhibition of machinery. Legislation. Further to its previous comments, the Committee notes with regret the Government’s indication that no steps have been taken to revise Order No. 889 of 20 May 1960 establishing general measures for occupational hygiene and safety and health. In this regard, the Committee recalls that, under Article 4 of the Convention, the obligation to ensure compliance with the provisions of Article 2 shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and, where appropriate under national laws or regulations, on their respective agents. The Committee once again requests the Government to take all necessary measures without delay to ensure the application of Articles 2 and 4 of the Convention, prohibiting the vendor, the person letting out on hire or transferring the machinery in any other manner, the exhibitor or the manufacturer, to sell, let out on hire, transfer in any other manner or exhibit machinery without appropriate guards. The Committee also requests the Government to take the appropriate steps to include in the applicable legislation the list of dangerous parts of machinery specified in Article 2(3) and (4).

Articles 6 and 11. Prohibition on the use of machinery without appropriate guards. The Committee requests the Government to take measures to: (i) prohibit the use of machinery any dangerous part of which, including the point of operation, is without appropriate guards; (ii) prohibit the use of machinery by any worker without the guards provided being in position and prohibit any worker being required to use machinery without the guards provided being in position.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 2 June 2015, according to which there are currently several shortcomings in workplaces where paint is used, and particularly the inadequacy of the means for the reduction of volatile organic compounds (VOCs), a lack of overall control in the management of waste, inadequate medical follow-up of workers and the inadequacy of the legal texts governing painting work, and the lack of knowledge of these texts among workers in the painting sector. SEKRIMA enumerates a number of measures that should be taken to reduce emissions of VOCs, including the control of paint and cleaning products with low levels of solvents, the harmonization and dissemination of the legal texts governing painting work and the reinforcement of the responsibility of enterprises for the safety and health of workers. SEKRIMA adds that there is insufficient supervision of workers engaged in the informal painting sector. The Committee requests the Government to provide its comments in this respect.

Article 7 of the Convention. Statistical data. Application in practice. The Committee notes that the Government reiterates that no cases of occupational disease due to lead poisoning have been reported. With regard to the measures to ensure that all cases of lead poisoning are notified, the Government indicates that: (i) lead poisoning is contained in the list of occupational diseases and must be notified by the employer to the National Social Insurance Fund (CNaPS) in accordance with section 170(1) of the Social Insurance Code; and (ii) workers who may be exposed to this disease regularly undergo medical examinations undertaken by occupational medicine services, based on which activity reports containing information on occupational diseases, including lead poisoning (where it exists), are drawn up by the Department of Occupational Safety and Health of the Ministry of Labour. The Committee requests the Government to give an appreciation of the application in practice of the requirement for employers to notify presumed cases of lead poisoning, and the obligation for occupational medicine services to carry out medical examinations and draw up activity reports containing information on occupational diseases, including lead poisoning, where it exists.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 2 June 2015, to the effect that the number of accidents notified to the National Social Security Fund (CNAPS) is very low, owing to the fact that monitoring of the application of the Convention is not undertaken officially or at regular intervals, and that there should be an official report for this kind of notification. The Committee requests the Government to send its comments on this matter.

Legislation. The Committee notes the concise information supplied by the Government in reply to its previous comments, in which it expressed the hope that the adoption of implementing regulations for the Occupational Safety and Health Code would enable effect to be given to Articles 2 and 4 of the Convention. It notes the Government’s indication that Order No. 889 of 20 May 1960 establishing general occupational safety and health measures remains in force but that it intends to revise it in order to take account of the current context, including the protection of machinery, and that the participation of a number of entities and qualified persons will be necessary for the revision process. It also notes that section 120 of the Labour Code of 2004 provides that work installations and materials are subject to compulsory safety standards and must undergo systematic inspection, maintenance and checking in order to prevent the risk of accidents. Furthermore, the Committee notes the Government’s indication that the labour inspectorate is intensifying controls on machines imported into the country. The Committee requests the Government to take the necessary steps to ensure the revision of Order No. 889, particularly with a view to giving effect to the Convention, and to provide information on all progress made in this respect. It also requests the Government to provide information on the measures taken in the meantime to ensure the application of Articles 2 and 4 of the Convention, prohibiting the vendor, the person letting out on hire or transferring the machinery in any other manner, the exhibitor or the manufacturer, to sell, let out on hire, transfer in any other manner or exhibit machinery of which the dangerous parts specified in Article 2(3) and (4) are without appropriate guards.

Application in practice. The Committee requests the Government to provide an appreciation of the manner in which the Convention is applied in practice, including, for example, extracts from inspection reports and, where such statistics exist, details of the number of accidents recorded in relation to the Convention, the number and nature of infringements reported, etc.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 2 June 2015, to the effect that: (1) the national legislation should be harmonized with the Convention, while taking account of the current context; and (2) new technologies in the areas of hygiene, safety and health should be developed. The Committee requests the Government to send its comments on this matter.

Legislation. The Committee notes the Government’s concise report, which indicates that following the socio-political instability of recent years, the country is now embarking on a return to constitutional order and that the formulation and implementation of a general state policy is a priority for the Government. The Committee also notes that Order No. 889 of 20 May 1960 establishing general occupational safety and health measures has still not been revised and that, in view of the complex scope of application of the aforementioned Order, which should be extended to take account of new technologies, the participation of a number of entities and qualified persons will be necessary for the revision process. The Committee requests the Government to take the necessary steps to ensure the revision of Order No. 889, particularly with a view to giving effect to the Convention, and to supply information on all progress made in this respect.

Article 14 of the Convention. Provision of suitable seats for workers. The Committee notes that, under section 115 of the Labour Code of 2004, workers must be provided with all furniture necessary for their comfort during their hours of work. The Committee requests the Government to supply additional information on the measures taken to ensure that sufficient and suitable seats are supplied for workers and workers have the opportunity to use them.

Article 18. Noise and vibrations. Referring to its previous comments, the Committee once again requests the Government to supply information on the steps taken to ensure that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible.

Application in practice. The Committee requests the Government to provide a general appreciation of the application of the Convention in practice, including, for example, information on the number and nature of infringements reported and the corresponding penalties imposed.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 2 June 2015.

Article 3 of the Convention. Establishment of maximum weight for manual transport of loads. Further to its previous comments, the Committee notes with satisfaction the information provided in the Government’s report concerning the entry into force of Inter-Ministerial Order No. 50149/2009 of 8 December 2009, setting the maximum weight for the manual transport of any load by a single male adult worker at 50 kg. In this regard, the Committee notes SEKRIMA’s indication that many workers are unaware of the existence of the Order and that dissemination of it is necessary. The Committee requests the Government to send its comments on this matter.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 2 June 2015, according to which there are currently several shortcomings in workplaces where paint is used, and particularly the inadequacy of the means for the reduction of volatile organic compounds (VOCs), a lack of overall control in the management of waste, inadequate medical follow-up of workers and the inadequacy of the legal texts governing painting work, and the lack of knowledge of these texts among workers in the painting sector. SEKRIMA enumerates a number of measures that should be taken to reduce emissions of VOCs, including the control of paint and cleaning products with low levels of solvents, the harmonization and dissemination of the legal texts governing painting work and the reinforcement of the responsibility of enterprises for the safety and health of workers. SEKRIMA adds that there is insufficient supervision of workers engaged in the informal painting sector. The Committee requests the Government to provide its comments in this respect.

Article 7 of the Convention. Statistical data. Application in practice. The Committee notes that the Government reiterates that no cases of occupational disease due to lead poisoning have been reported. With regard to the measures to ensure that all cases of lead poisoning are notified, the Government indicates that: (i) lead poisoning is contained in the list of occupational diseases and must be notified by the employer to the National Social Insurance Fund (CNaPS) in accordance with section 170(1) of the Social Insurance Code; and (ii) workers who may be exposed to this disease regularly undergo medical examinations undertaken by occupational medicine services, based on which activity reports containing information on occupational diseases, including lead poisoning (where it exists), are drawn up by the Department of Occupational Safety and Health of the Ministry of Labour. The Committee requests the Government to give an appreciation of the application in practice of the requirement for employers to notify presumed cases of lead poisoning, and the obligation for occupational medicine services to carry out medical examinations and draw up activity reports containing information on occupational diseases, including lead poisoning, where it exists.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 2 June 2015, to the effect that the number of accidents notified to the National Social Security Fund (CNAPS) is very low, owing to the fact that monitoring of the application of the Convention is not undertaken officially or at regular intervals, and that there should be an official report for this kind of notification. The Committee requests the Government to send its comments on this matter.

Legislation. The Committee notes the concise information supplied by the Government in reply to its previous comments, in which it expressed the hope that the adoption of implementing regulations for the Occupational Safety and Health Code would enable effect to be given to Articles 2 and 4 of the Convention. It notes the Government’s indication that Order No. 889 of 20 May 1960 establishing general occupational safety and health measures remains in force but that it intends to revise it in order to take account of the current context, including the protection of machinery, and that the participation of a number of entities and qualified persons will be necessary for the revision process. It also notes that section 120 of the Labour Code of 2004 provides that work installations and materials are subject to compulsory safety standards and must undergo systematic inspection, maintenance and checking in order to prevent the risk of accidents. Furthermore, the Committee notes the Government’s indication that the labour inspectorate is intensifying controls on machines imported into the country. The Committee requests the Government to take the necessary steps to ensure the revision of Order No. 889, particularly with a view to giving effect to the Convention, and to provide information on all progress made in this respect. It also requests the Government to provide information on the measures taken in the meantime to ensure the application of Articles 2 and 4 of the Convention, prohibiting the vendor, the person letting out on hire or transferring the machinery in any other manner, the exhibitor or the manufacturer, to sell, let out on hire, transfer in any other manner or exhibit machinery of which the dangerous parts specified in Article 2(3) and (4) are without appropriate guards.

Application in practice. The Committee requests the Government to provide an appreciation of the manner in which the Convention is applied in practice, including, for example, extracts from inspection reports and, where such statistics exist, details of the number of accidents recorded in relation to the Convention, the number and nature of infringements reported, etc.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 2 June 2015.

Article 3 of the Convention. Establishment of maximum weight for manual transport of loads. Further to its previous comments, the Committee notes with satisfaction the information provided in the Government’s report concerning the entry into force of Inter-Ministerial Order No. 50149/2009 of 8 December 2009, setting the maximum weight for the manual transport of any load by a single male adult worker at 50 kg. In this regard, the Committee notes SEKRIMA’s indication that many workers are unaware of the existence of the Order and that dissemination of it is necessary. The Committee requests the Government to send its comments on this matter.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 2 June 2015, to the effect that: (1) the national legislation should be harmonized with the Convention, while taking account of the current context; and (2) new technologies in the areas of hygiene, safety and health should be developed. The Committee requests the Government to send its comments on this matter.

Legislation. The Committee notes the Government’s concise report, which indicates that following the socio-political instability of recent years, the country is now embarking on a return to constitutional order and that the formulation and implementation of a general state policy is a priority for the Government. The Committee also notes that Order No. 889 of 20 May 1960 establishing general occupational safety and health measures has still not been revised and that, in view of the complex scope of application of the aforementioned Order, which should be extended to take account of new technologies, the participation of a number of entities and qualified persons will be necessary for the revision process. The Committee requests the Government to take the necessary steps to ensure the revision of Order No. 889, particularly with a view to giving effect to the Convention, and to supply information on all progress made in this respect.

Article 14 of the Convention. Provision of suitable seats for workers. The Committee notes that, under section 115 of the Labour Code of 2004, workers must be provided with all furniture necessary for their comfort during their hours of work. The Committee requests the Government to supply additional information on the measures taken to ensure that sufficient and suitable seats are supplied for workers and workers have the opportunity to use them.

Article 18. Noise and vibrations. Referring to its previous comments, the Committee once again requests the Government to supply information on the steps taken to ensure that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible.

Application in practice. The Committee requests the Government to provide a general appreciation of the application of the Convention in practice, including, for example, information on the number and nature of infringements reported and the corresponding penalties imposed.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the brief information in the Government’s latest report, indicating that no cases of occupational diseases due to lead poisoning have been reported. The Committee asks the Government to provide information in its next report on the measures taken or envisaged to ensure notification and certification of all cases of lead poisoning, and to indicate the method, approved by the official statistical authority, to obtain statistical information as to mortality with regard to lead poisoning. The Committee also asks the Government to continue to provide any available statistical information with regard to lead poisoning.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

The Committee notes the brief information in the Government’s latest report, indicating the adoption of a new Labour Code Law (No. 2003-044), which includes provisions requiring systems, equipment and construction materials to be subjected to compulsory safety standards, including monitoring, maintenance and systematic checks. The Committee further notes the Government’s intention to revise the safety and health provisions of Order No. 889 of 20 May 1960 to take into account the new Labour Code. The Committee reiterates, as it has done on previous occasions, its sincere hope that the Government will finally adopt the implementing texts which have been announced for a number of years in order to give effect to the provisions of Articles 2 and 4 of the Convention. It hopes that these legislative texts will contain provisions giving effect to Articles 2 and 4 of the Convention, which prohibit the sale, hire, transfer in any other manner or exhibition of machinery of which the dangerous parts specified in Article 2(3) and (4) are without appropriate guards, the obligation to ensure compliance with these prohibitions resting on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or manufacturer who sells, lets out on hire, transfers in any other manner, or exhibits machinery.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Article 3 of the Convention. Establishment of maximum weight for manual transport. The Committee notes the information in the Government’s latest report, indicating the unanimous decision by the relevant ministries to set the maximum weight for the manual transport of any load by a single male adult worker at 50 kg. The Committee hopes that the inter-ministerial order giving full effect to the provisions of the Convention, including its Article 3, will come into effect without any further delay.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

The Committee notes the brief information in the Government’s latest report, indicating that the revision of current law has been suspended due to the political instability in the country. The Committee requests the Government to indicate when the review of the draft Decree establishing “general prescriptions for occupational health, hygiene and safety and the working environment”, referred to by the Government in its previous report, will be resumed in the Consultative Technical Committee and to indicate progress made in this respect. In view of the time that has elapsed since it drew the Government’s attention to the need to adopt legislation giving effect to the provisions of the Convention, particularly those of Articles 14 and 18, the Committee expresses the firm hope that the Government will do its utmost to see that such legislation is adopted in the near future.

The Committee also asks the Government to indicate whether the Digest regarding matters of principle pertaining to the application of the Convention, referred to in a previous report, is still to be published, and reiterates its request that the Government provide a copy of it as soon as it is published.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the brief information in the Government’s latest report, indicating that no cases of occupational diseases due to lead poisoning have been reported. The Committee asks the Government to provide information in its next report on the measures taken or envisaged to ensure notification and certification of all cases of lead poisoning, and to indicate the method, approved by the official statistical authority, to obtain statistical information as to mortality with regard to lead poisoning. The Committee also asks the Government to continue to provide any available statistical information with regard to lead poisoning.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the brief information in the Government’s latest report, indicating the adoption of a new Labour Code Law (No. 2003-044), which includes provisions requiring systems, equipment and construction materials to be subjected to compulsory safety standards, including monitoring, maintenance and systematic checks. The Committee further notes the Government’s intention to revise the safety and health provisions of Order No. 889 of 20 May 1960 to take into account the new Labour Code. The Committee reiterates, as it has done on previous occasions, its sincere hope that the Government will finally adopt the implementing texts which have been announced for a number of years in order to give effect to the provisions of Articles 2 and 4 of the Convention. It hopes that these legislative texts will contain provisions giving effect to Articles 2 and 4 of the Convention, which prohibit the sale, hire, transfer in any other manner or exhibition of machinery of which the dangerous parts specified in Article 2, paragraphs 3 and 4, are without appropriate guards, the obligation to ensure compliance with these prohibitions resting on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or manufacturer who sells, lets out on hire, transfers in any other manner, or exhibits machinery.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the brief information in the Government’s latest report, indicating that the revision of current law has been suspended due to the political instability in the country. The Committee requests the Government to indicate when the review of the draft Decree establishing “general prescriptions for occupational health, hygiene and safety and the working environment”, referred to by the Government in its previous report, will be resumed in the Consultative Technical Committee and to indicate progress made in this respect. In view of the time that has elapsed since it drew the Government’s attention to the need to adopt legislation giving effect to the provisions of the Convention, particularly those of Articles 14 and 18, the Committee expresses the firm hope that the Government will do its utmost to see that such legislation is adopted in the near future.

The Committee also asks the Government to indicate whether the Digest regarding matters of principle pertaining to the application of the Convention, referred to in a previous report, is still to be published, and reiterates its request that the Government provide a copy of it as soon as it is published.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Establishment of maximum weight for manual transport. The Committee notes with interest the information in the Government’s latest report, indicating the unanimous decision by the relevant ministries to set the maximum weight for the manual transport of any load by a single male adult worker at 50 kg. The Committee hopes that the inter-ministerial order giving full effect to the provisions of the Convention, including its Article 3, will come into effect without any further delay.

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

1. The Committee notes the information contained in the Government’s report. It notes in particular Decrees Nos. 898 and 903 of 20 May 1960, as well as Ordinance No. 62-152 of 28 March 1962, ensuring the application of the Convention.

2. Article 7 of the Convention. Statistical information. The Committee notes the Government’s statement that the Ministry of Labour does not have any statistical information available with respect to lead poisoning among working painters. It reminds the Government that this Article of the Convention establishes the obligation to obtain statistical information with respect to lead poisoning among working painters, both as to morbidity and mortality. Thus, the Committee hopes that the Government will be able to provide this statistical information with its next report, disaggregated by gender, if possible.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the brief information provided by the Government in reply to its previous comments. It notes that the Technical Advisory Committee (CTC), established under Order No. 20561 of 2 November 2003, will examine in the near future the texts implementing the new Decree and the application in practice of the provisions of the Convention. The Committee can therefore only express the sincere hope that the Government will finally adopt the implementing texts which have been announced for a number of years in order to give effect to the provisions of Articles 2 and 4 of the Convention. It hopes that these legislative texts will contain provisions giving effect to Articles 2 and 4 of the Convention, which prohibit the sale, hire, transfer in any other manner or exhibition of machinery of which the dangerous parts specified in Article 2, paragraphs 3 and 4, are without appropriate guards, the obligation to ensure compliance with these prohibitions resting on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor or manufacturer who sells, lets out on hire, transfers in any other manner or exhibits machinery.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report, containing summary information in response to its previous observation. It notes that a draft Decree (No. 2003-1162) organizing occupational medicine in Madagascar was approved on 2 November 2003 and adopted on 17 December 2003 by the Consultative Technical Committee (CRC) and the Government Council, respectively. Observing that the above Decree appears to have no direct impact on the application of the provisions of this Convention, the Committee notes that, according to the Government, the CRC is about to consider all the Committee’s observations with a view to applying the provisions of the Convention effectively, particularly those of Article 14 (sufficient and suitable seats to be made available for workers) and Article 18 (protection of workers against noise and vibrations likely to have harmful effects) of the Convention, on which the Committee has been commenting for many years. The Committee requests the Government to indicate whether the draft Decree establishing "general prescriptions for occupational health, hygiene and safety and the working environment", referred to by the Government in its last report, is still under study in the CRC and, if so, to indicate progress made in this respect. In view of the time that has elapsed since it drew the Government’s attention to the need to adopt legislation giving effect to the provisions of the Convention, particularly those of Articles 14 and 18, the Committee expresses the firm hope that the Government will do its utmost to see that such legislation is adopted in the near future.

Further to its previous comments, the Committee notes that, according to the Government, the courts have been contacted with the view to obtaining copies of the decisions contained in the case law Digest regarding matters of principle pertaining to the application of the Convention. The Committee understands that the above Digest has been prepared, but not published as yet. It requests the Government to provide a copy of it as soon as it is published.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the brief information provided by the Government in reply to its previous comments.

Article 3 of the Convention. Establishment of maximum permissible weight for manual transport. In its previous observation, the Committee recalled that, since the ratification of the Convention by Madagascar, it has been emphasizing that the laws and regulations in force in the country do not give effect to this provision of the Convention. It further recalled that for a number of years the Government had given the undertaking that it would take the necessary measures to bring the laws and regulations concerned into conformity with the Convention. The Committee notes with regret that the Government confines itself to indicating that measures will be taken to achieve the adoption of a ministerial order. The Government therefore makes no further reference to the ministerial order setting the maximum weight for the manual transport of any load by a single male adult worker at 55 kg or 50 kg, in accordance with the Convention, which, according to the Government’s previous report, had been forwarded to the Ministries of Industry, Trade and Transport, where it had already been discussed and approved. The Committee is therefore bound to express once again the firm hope that 33 years after the ratification of the Convention by Madagascar the Government will adopt the inter-ministerial order concerned with a view to giving full effect to the provisions of the Convention.

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

The Committee notes that, according to the Government’s report, the technical advisory committee, the organization and operation of which were established by Decree No. 99-130 of 17 February 1999, will be responsible for the formulation of texts specifically relating to the various branches of activity and will not fail, at the same time, to examine the effect that is given to the provisions of the Convention. The Committee hopes that the above texts will contain provisions giving effect to Articles 2 and 4 of the Convention, which provide that the sale, hire, transfer in any other manner and exhibition of machinery, of which the dangerous parts specified in paragraphs 3 and 4 of Article 2 are without appropriate guards, shall be prohibited, and specifying that the obligation to ensure compliance with these provisions shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, the exhibitor or the manufacturer when he sells the machinery, lets it out on hire, transfers it in any other manner or exhibits it (Article 4).

The Committee hopes that the Government will make every effort to ensure that the above texts are adopted in the very near future and requests the Government to keep it informed in this respect and to provide a copy of the texts once they are adopted.

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

The Committee takes note of the Government’s report. It notes that the legislative amendments to give effect to the Convention, announced by the Government in its last report, have not taken place. It notes, however, that two draft decrees, one on "the organization and operation of occupational medicine in Madagascar", and the other, "establishing general prescriptions on occupational health, safety, hygiene and the working environment", have been drawn up and are to be submitted to the Advisory Technical Committee for approval and thereafter to the Government Council. Meanwhile, Order No. 889 of 20 May 1960 establishing general occupational safety and health prescriptions remains in force. The Committee hopes that the abovementioned decrees will be approved by the Advisory Technical Committee and adopted by the Government Council in the near future so that effect may be given to the following Articles of the Convention to which the Committee has drawn the Government’s attention for many years.

Article 14 of the Convention. The requirement in section 16 of Order No. 889 of 20 May 1960 that an appropriate seat, chair, bench or stool must be made available, applies only to women staff. The Committee once again notes the Government’s statement that it will study the possibility of extending the scope of this provision to all workers without distinction as to sex when the texts are updated. The Committee hopes that the draft decree establishing general prescriptions for occupational health, hygiene and safety and the working environment will provide that suitable seats shall be supplied for all workers without distinction as to sex, as provided in Article 14 of the Convention.

Article 18. The Committee notes that, according to the Government, no regulatory provisions have as yet been adopted to apply this Article of the Convention, but that relevant provisions have been included in the abovementioned draft decrees. The Committee hopes that the draft decrees will be adopted in the near future in order to ensure that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible, as required by Article 18 of the Convention.

Further to its previous comments, the Committee notes that the case law digest containing decisions by the courts of law on issues of principle in the application of the Convention is not yet available. The Committee again requests the Government to provide information on any progress made in this regard and to provide a copy of the digest as soon as it has been published.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1.  The Committee notes that, according to the report provided by the Government, the change that has occurred at the level of the Constitution adopted on 15 March 1998 (Constitutional Act No. 98-001 of 8 April 1998) does not modify the general principles of the Constitution of 1992. It also notes that no other changes have occurred in the provisions of the law and regulations that are in force and that the former texts remain in force in so far as the implementing texts of the Labour Code (Act No. 94-029 of 25 August 1995) and the Occupational Safety, Health and the Working Environment Code (Act No. 94-027 of 17 November 1994) have not yet been published.

The Committee also notes the adoption of Decree No. 99-130 of 17 February 1999 respecting the organization and operation of the Advisory Technical Committee on Occupational Safety, Health and the Working Environment, section 10 of which provides that the measures for the application of the Decree are to be, as necessary, determined by order issued by the Minister responsible for labour and social protection. The Committee requests the Government to keep it informed of the measures adopted with a view to the application of the above text.

2.  The Committee therefore notes with regret that the Government’s report does not reply to its previous comments. It recalls that for many years it has been urging the Government to adopt texts implementing the Occupational Safety, Health and the Working Environment Code in order to give effect to Articles 2 and 4 of the Convention, which provide that the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts specified in Article 2, paragraphs (2) and (3),are without appropriate guards must be prohibited, and that the obligation to ensure compliance with these provisions must rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor, as well on the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it.

The Committee once again hopes that the Government will not fail to adopt the above implementing texts and will provide a copy of the adopted texts.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes the information provided by the Government in its report.

1. Article 14 of the Convention. The Committee notes section 16 of Order No. 889 of 20 May 1960, and the information provided by the Government in this respect. In accordance with section 16 of the above Order, suitable seats are only supplied to women workers. The Committee recalls once again that Article 14 of the Convention provides that seats shall be supplied for all workers, without distinction on grounds of sex. The Committee notes the Government’s statement indicating that it "will examine the possibility of extending this clause to all workers, without distinction on grounds of sex". The Committee trusts that the Government will take the necessary measures as soon as possible to extend the scope of section 16 of Order No. 889, so that it also covers male workers.

2. Article 18 of the Convention. The Committee notes the Government’s indication in its report that no regulations have been adopted to give effect to this Article of the Convention, but that the Government will take this provision of the Convention into account when bringing the legislation up to date. In this respect, the Committee recalls that it has been drawing the Government’s attention for over 29 years to the fact that there are no specific laws or regulations giving effect to Article 18 of the Convention. The Committee once again hopes that the Government will take the necessary measures in the near future to give effect to this Article of the Convention, which provides that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible.

3. The Committee notes with interest that the documentation centre of the National School of Magistrates and Clerks (ENMG), established in 1997, is preparing a compilation of case law on the decisions of the judicial tribunals on matters related to the application of the Convention. The Committee therefore requests the Government to provide information on any progress achieved in the preparation of the above compilation and to provide a copy as soon as it is published.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Further to its previous comments, the Committee notes the information provided by the Government.

Article 3 of the Convention. The Committee recalls that, since the ratification of the Convention by Madagascar, it has been emphasizing that the laws and regulations in force in the country do not give effect to this provision of the Convention. The Committee also recalls that for a number of years the Government has been undertaking to adopt the necessary measures to bring the laws and regulations concerned into conformity with the Convention. It notes that, in accordance with the indications provided by the Government in its last report, the Ministry of the Public Service, Labour and Social Legislation has prepared an inter-ministerial order setting the maximum weight for the manual transport of any load by a single male adult worker at 55 kg or 50 kg, in accordance with the Convention. This draft order has been forwarded to the Ministries of Industry, Trade and Transport, where it is currently under discussion with a view to its approval.

The Committee notes the Government’s statement that the Convention is neither applied nor given effect in the country unless an order setting the maximum weight is in force. The Committee therefore trusts that the draft order referred to above will be adopted in the very near future to give full effect to the provisions of the Convention.

The Committee hopes that the Government’s next report will indicate the adoption of the above order and it requests the Government to provide a copy of the order when it has been promulgated.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information provided by the Government in its report.

1. Article 14 of the Convention. The Committee notes section 16 of Order No. 889 of 20 May 1960, and the information provided by the Government in this respect. In accordance with section 16 of the above Order, suitable seats are only supplied to women workers. The Committee recalls once again that Article 14 of the Convention provides that seats shall be supplied for all workers, without distinction on grounds of sex. The Committee notes the Government's statement indicating that it "will examine the possibility of extending this clause to all workers, without distinction on grounds of sex". The Committee trusts that the Government will take the necessary measures as soon as possible to extend the scope of section 16 of Order No. 889, so that it also covers male workers.

2. Article 18 of the Convention. The Committee notes the Government's indication in its report that no regulations have been adopted to give effect to this Article of the Convention, but that the Government will take this provision of the Convention into account when bringing the legislation up to date. In this respect, the Committee recalls that it has been drawing the Government's attention for over 29 years to the fact that there are no specific laws or regulations giving effect to Article 18 of the Convention. The Committee once again hopes that the Government will take the necessary measures in the near future to give effect to this Article of the Convention, which provides that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible.

3. The Committee notes with interest that the documentation centre of the National School of Magistrates and Clerks (ENMG), established in 1997, is preparing a compilation of case law on the decisions of the judicial tribunals on matters related to the application of the Convention. The Committee therefore requests the Government to provide information on any progress achieved in the preparation of the above compilation and to provide a copy as soon as it is published.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which was on the following points:

The Committee notes the adoption on 25 August 1995 of a new Labour Code (Act No. 94-029), under section 208 of which the provisions respecting occupational health and safety of the 1975 Labour Code remain in force. The Committee also notes the information provided by the Government in its report to the effect that the national Assembly has adopted a Code respecting health, safety and the working environment and that the texts to be issued under this code, which are currently being prepared, will take into account the provisions of the Convention. The Committee recalls that its previous comments concerned the following matters: Even before the adoption of the Labour Code in 1975, the Government had announced in its reports that texts to apply the Code would include a text to give effect to this Convention. In a report received in 1983, the Government confirmed this undertaking, although it pointed out that factories manufacturing jute and plastic sacks for rice, flour, etc., now respected the standard of 50 kg, and that the old sacks of 70 or 75 kg were disappearing since they were no longer being manufactured in Madagascar. In its report for the period ending 30 June 1986, the Government indicated that the above information concerning the current standardization of sacks manufactured locally remained valid and that this practice would be laid down in regulations. The Committee noted that, according to the Government's report received in 1989, and the two letters signed by the Minister of the Civil Service, Labour and Labour Legislation in 1988, which were attached to the report, in practice factories, traders, transporters and farmers use sacks of 90, 75 or 70 kg, which are generally manufactured locally, even though certain enterprises which are the principal manufacturers of these articles currently respect the standard of 50 kg. Consequently, the use of sacks that are in conformity with the requirements of international standards would, in the opinion of the Government, give rise to problems at the level of manufacture and consumption and would create difficulties as regards production costs and prices for manufacturers, users, producers and rural workers. In a letter addressed in November 1988 to the social partners, the Minister invited them to recommend production units "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings at the international level", to manufacture, by stages, sacks of 55 kg or 65 kg and to introduce them progressively onto the market as they are produced. The Committee recalls that by virtue of Article 3 of the Convention, no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardize his health or safety. This rule does not provide for any exceptions on the grounds of production costs or prices or for any other reason. The Committee noted that it was more than 20 years since Madagascar ratified the Convention. For several years, the Government has been undertaking to lay down in regulations the current practice adopted by the principal manufacturers of sacks which will respect the standard of 50 kg. In these circumstances, it considers that the Government's letter recommending the production of sacks of up to 65 kg constitutes a serious retrogression. The Committee trusts that the Government will indicate in the near future the measures which have been taken to ensure that the Convention is applied to adult workers and that it will provide copies of the provisions that have been adopted, including a copy of the Code respecting health, safety and the working environment, when it has been enacted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous comments, the Committee expressed the hope that the implementing texts of the Occupational Safety and Health Code which, according to the Government, were being drafted would give effect to the provisions of the Convention, particularly Articles 2 and 4 which provide that the sale, hire, transfer in any other manner and exhibiting of machinery of which the dangerous parts specified in paragraphs 2 and 3 of Article 2 are without appropriate guards must be prohibited, and that the obligation to ensure compliance with these provisions must rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor, as well as on the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it. In the absence of any information from the Government, the Committee once again requests information on any progress made in this respect including a copy of the implementing texts, as soon as they have been adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

For many years, the Committee has been drawing the Government's attention to the fact that there are no specific laws or regulations to give full effect to Articles 14 and 18 of the Convention, which provide that seats shall be supplied to all workers without distinction on grounds of sex, and that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible. Since 1975, the Government has stated in its reports that the Order envisaged by the Labour Code of 1975 would give full effect to the above provisions of the Convention. The Committee notes the adoption on 25 August 1995 of a new Labour Code (Act No. 94-029), under section 208 of which the provisions respecting occupational health and safety of the 1975 Labour Code remain in force. The Committee also notes the information provided by the Government in its report to the effect that the National Assembly has adopted a Code respecting health, safety and the working environment and that the texts issued under the Code, which are currently being prepared, will take the provisions of the Convention into consideration. The Committee trusts that the Government will report the measures adopted in this respect in the near future and that it will provide copies of the provisions as adopted, including the text of the above Code when it has been enacted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

In its previous comments, the Committee expressed the hope that the implementing texts of the Occupational Safety and Health Code which, according to the Government, were being drafted would give effect to the provisions of the Convention, particularly Articles 2 and 4 which provide that the sale, hire, transfer in any other manner and exhibiting of machinery of which the dangerous parts specified in paragraphs 2 and 3 of Article 2 are without appropriate guards must be prohibited, and that the obligation to ensure compliance with these provisions must rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor, as well as on the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it.

In the absence of any information from the Government, the Committee once again requests information on any progress made in this respect including a copy of the implementing texts, as soon as they have been adopted.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

For many years, the Committee has been drawing the Government's attention to the fact that there are no specific laws or regulations to give full effect to Articles 14 and 18 of the Convention, which provide that seats shall be supplied to all workers without distinction on grounds of sex, and that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible. Since 1975, the Government has stated in its reports that the Order envisaged by the Labour Code of 1975 would give full effect to the above provisions of the Convention. The Committee notes the adoption on 25 August 1995 of a new Labour Code (Act No. 94-029), under section 208 of which the provisions respecting occupational health and safety of the 1975 Labour Code remain in force. The Committee also notes the information provided by the Government in its report to the effect that the National Assembly has adopted a Code respecting health, safety and the working environment and that the texts issued under the Code, which are currently being prepared, will take the provisions of the Convention into consideration. The Committee trusts that the Government will report the measures adopted in this respect in the near future and that it will provide copies of the provisions as adopted, including the text of the above Code when it has been enacted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes that, under the terms of section 207 of Act No. 94-029 of 25 August 1995 issuing the Labour Code, the provisions respecting occupational health and safety and the medical service contained in Ordinance No. 75-013-O-DM of 17 May 1975 shall remain in force until the publication of the legislative texts and regulations. The Committee also notes the Government's statement in its report that Order No. 903 of 20 May 1960 contains specific health and safety measures for establishments in which the staff is exposed to lead poisoning.

The Committee requests the Government to provide detailed information in its next report on the applicable legislation that gives effect to the provisions of the Convention. The Committee also notes that, under the terms of section 94 of the Labour Code, the nature of the work prohibited for children, women and pregnant women shall be determined by decree; in this respect, the Committee recalls that Article 3, paragraph 1, of the Convention prohibits the employment of males under 18 years of age and all females in any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments. The Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure observance of this Article of the Convention.

2. The Committee notes the statistics concerning cases of lead poisoning registered by the National Social Insurance Fund during the year 1995.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Government indicates in its last report that the National Assembly has adopted the Code of Labour Hygiene, Safety and the Work Environment, and that the pertinent regulatory texts are being prepared. The Committee hopes that these texts will give effect to the provisions of the Convention and, in particular, to Articles 2 and 4 which specify that the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts specified in paragraphs 2 and 3 of Article 2 are without appropriate guards shall be prohibited. The obligation to apply these prohibitions rests on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor, and on the manufacturer when he sells machinery, lets it out on hire or exhibits it.

The Committee requests the Government to provide information on any progress made in this regard and to supply copies of the texts in question when adopted.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

For many years, the Committee has been drawing the Government's attention to the fact that there are no specific laws or regulations to give full effect to Articles 14 and 18 of the Convention, which provide that seats shall be supplied to all workers without distinction on grounds of sex, and that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible. Since 1975, the Government has stated in its reports that the Order envisaged by the Labour Code of 1975 would give full effect to the above provisions of the Convention. The Committee notes the adoption on 25 August 1995 of a new Labour Code (Act No. 94-029), under section 208 of which the provisions respecting occupational health and safety of the 1975 Labour Code remain in force. The Committee also notes the information provided by the Government in its report to the effect that the National Assembly has adopted a Code respecting health, safety and the working environment and that the texts issued under the Code, which are currently being prepared, will take the provisions of the Convention into consideration. The Committee trusts that the Government will report the measures adopted in this respect in the near future and that it will provide copies of the provisions as adopted, including the text of the above Code when it has been enacted.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the adoption on 25 August 1995 of a new Labour Code (Act No. 94-029), under section 208 of which the provisions respecting occupational health and safety of the 1975 Labour Code remain in force. The Committee also notes the information provided by the Government in its report to the effect that the national Assembly has adopted a Code respecting health, safety and the working environment and that the texts to be issued under this code, which are currently being prepared, will take into account the provisions of the Convention. The Committee recalls that its previous comments concerned the following matters:

In the comments that it has been making for a number of years, the Committee notes that measures have not yet been taken to limit the weight of loads that may be transported by adult male workers.

Even before the adoption of the Labour Code in 1975, the Government had announced in its reports that texts to apply the Code would include a text to give effect to this Convention. In a report received in 1983, the Government confirmed this undertaking, although it pointed out that factories manufacturing jute and plastic sacks for rice, flour, etc., now respected the standard of 50 kg, and that the old sacks of 70 or 75 kg were disappearing since they were no longer being manufactured in Madagascar. In its report for the period ending 30 June 1986, the Government indicated that the above information concerning the current standardization of sacks manufactured locally remained valid and that this practice would be laid down in regulations.

The Committee noted that, according to the Government's report received in 1989, and the two letters signed by the Minister of the Civil Service, Labour and Labour Legislation in 1988, which were attached to the report, in practice factories, traders, transporters and farmers use sacks of 90, 75 or 70 kg, which are generally manufactured locally, even though certain enterprises which are the principal manufacturers of these articles currently respect the standard of 50 kg. Consequently, the use of sacks that are in conformity with the requirements of international standards would, in the opinion of the Government, give rise to problems at the level of manufacture and consumption and would create difficulties as regards production costs and prices for manufacturers, users, producers and rural workers. In a letter addressed in November 1988 to the social partners, the Minister invited them to recommend production units "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings at the international level", to manufacture, by stages, sacks of 55 kg or 65 kg and to launch them progressively onto the market as they are produced.

The Committee recalls that by virtue of Article 3 of the Convention, no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardize his health or safety. This rule does not provide for any exceptions on the grounds of production costs or prices or for any other reason. The Committee noted that it was more than 20 years since Madagascar ratified the Convention. For several years, the Government has been undertaking to lay down in regulations the current practice adopted by the principal manufacturers of sacks which will respect the standard of 50 kg. In these circumstances, it considers that the Government's letter recommending the production of sacks of up to 65 kg constitutes a serious retrogression.

The Committee trusts that the Government will indicate in the near future the measures which have been taken to ensure that the Convention is applied to adult workers and that it will provide copies of the provisions that have been adopted, including a copy of the Code respecting health, safety and the working environment, when it has been enacted.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Articles 2 and 4 of the Convention. In the comments it has been making for a number of years, the Committee observed that Order No. 889 of 20 May 1960 contains, in sections 44 to 58, detailed provisions on the guarding of machinery, but that these provisions are applicable only to the use of the machinery and therefore have a more restricted scope than the provisions of the Convention. This instrument prohibits the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts specified in paragraphs 3 and 4 of the same Article are without appropriate guards. The Committee requested the Government to take the necessary measures to give full effect to the Convention on this point. In its report for 1988-89, the Government stated that sections 55 to 58 of Order No. 889 lie within the terms of the Convention since they prohibit the employer from using machinery on which the dangerous parts are not protected and which have not been formally approved. The Government added that, by extension, the prohibition of the sale, hire or transfer of this machinery may be deduced; however, a draft Order to amend or supplement Order No. 889 of 20 May 1960 was under examination by the Directorate of Labour and the new text will take into account the provisions of the Convention. The Committee refers to paragraphs 55 to 63 of its 1987 General Survey on Safety in the Working Environment, in which it emphasized that "a mere prohibition of the use of inadequately guarded machinery cannot ... be considered as obviating the need to apply the requirements of Part II of the Convention concerning its sale, hire and transfer" (paragraph 62), and that "the prohibitions laid down in the Convention apply not only to the initial sale but also to subsequent sales by agents and to the hire, transfer and exhibition of unguarded machines, whether new or reconditioned" (paragraph 70).

The Committee once again urges the Government to take the necessary measures to give full effect to the Convention.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matter:

For many years, the Committee had been calling the Government's attention to the fact that there were no specific laws or regulations to ensure the full application of Articles 14 and 18 of the Convention, which provide that seats shall be supplied to all workers without distinction of sex and that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible. Since 1975, the Government has stated in its reports that the Order provided for by the Labour Code of 1975 would give full effect to the above-mentioned provisions of the Convention. The Committee had noted that no progress appeared to have been made in the adoption of this Order. The Committee trusts that this Order will be adopted in the near future and that it will give full effect to the provisions of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that for the fifth year in succession no report has been received from the Government. It also notes the Government representative's statement at the Conference Committee of 1992 that it was not possible to communicate information on the application of the Convention. Noting the concerns expressed by the Conference Committee concerning the lack of information on the application of the Convention and the importance placed by the Committee on this question, the Committee must repeat its previous observation on the following matters:

In the comments that it has been making for a number of years, the Committee notes that measures have not yet been taken to limit the weight of loads that may be transported by adult male workers. Even before the adoption of the Labour Code in 1975, the Government announced in its reports that texts to apply the Code would include a text to give effect to this Convention. In a report received in 1983, the Government confirmed this undertaking, although it pointed out that factories manufacturing jute and plastic sacks for rice, flour, etc., now respected the standard of 50 kg, and that the old sacks of 70 or 75 kg were disappearing since they were no longer being manufactured in Madagascar. In its report for the period ending 30 June 1986, the Government indicated that the above information concerning the current standardization of sacks manufactured locally remained valid and that this practice would be laid down in regulations. However, the Government's last report, which was received in 1989, and the two letters signed by the Minister of the Civil Service, Labour and Labour Legislation in 1988, which were attached to the report, show that, in practice, factories, traders, transporters and farmers use sacks of 90 kg, 75 kg or 70 kg, which are generally manufactured locally, even though certain enterprises which are the principle manufacturers of these articles currently respect the standard of 50 kg. Consequently, the use of sacks that are in conformity with the requirements of international standards would, in the opinion of the Government, give rise to problems at the level of manufacture and consumption and would create difficulties as regards production costs and prices for manufacturers, users, producers and farmers. In a letter to the social partners in November 1988, the Minister invited them to recommend production units, "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings on the international level", to manufacture, by stages, sacks of 55 kg or 65 kg and to launch them progressively, as they are produced, onto the market. The Committee recalls that by virtue of Article 3 of the Convention, no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardize his health or safety. This rule does not provide for any exceptions on the grounds of production costs or prices or for any other reason. It is more than 20 years since Madagascar has ratified the Convention. For several years, the Government has been undertaking to lay down in regulations the current practice adopted by the principle manufacturers of sacks which respect the standard of 50 kg. In these circumstances, its letter recommending the production of sacks of up to 65 kg constitutes a serious retrogression. The Committee trusts that the Government will re-examine its position and that it will indicate in the near future the measures that have been taken to ensure that the Convention is applied to adult male workers.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Articles 2 and 4 of the Convention. In the comments it has been making for a number of years, the Committee observed that Order No. 889 of 20 May 1960 contains, in sections 44 to 58, detailed provisions on the guarding of machinery, but that these provisions are applicable only to the use of the machinery and therefore have a more restricted scope than the provisions of the Convention. This instrument prohibits the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts specified in paragraphs 3 and 4 of the same Article are without appropriate guards. The Committee requested the Government to take the necessary measures to give full effect to the Convention on this point. In its last report, the Government stated that sections 55 to 58 of Order No. 889 lie within the terms of the Convention since they prohibit the employer from using machinery on which the dangerous parts are not protected and which have not been formally approved. The Government added that, by extension, the prohibition of the sale, hire or transfer of this machinery may be deduced; however, a draft Order to amend or supplement Order No. 889 of 20 May 1960 was under examination by the Directorate of Labour and the new text will take into account the provisions of the Convention. The Committee refers to paragraphs 55 to 63 of its 1987 General Survey on Safety in the Working Environment, in which it emphasized that "a mere prohibition of the use of inadequately guarded machinery cannot ... be considered as obviating the need to apply the requirements of Part II of the Convention concerning its sale, hire and transfer" (paragraph 62), and that "the prohibitions laid down in the Convention apply not only to the initial sale but also to subsequent sales by agents and to the hire, transfer and exhibition of unguarded machines, whether new or reconditioned" (paragraph 70). The Committee once again urges the Government to take the necessary measures to give full effect to the Convention.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

For many years, the Committee had been calling the Government's attention to the fact that there were no specific laws or regulations to ensure the full application of Articles 14 and 18 of the Convention, which provide that seats shall be supplied to all workers without distinction of sex and that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible. Since 1975, the Government has stated in its reports that the Order provided for by the Labour Code of 1975 would give full effect to the above-mentioned provisions of the Convention. The Committee had noted from the Government's last report for the period ending October 1981 that no progress appeared to have been made in the adoption of this Order. The Committee trusts that this Order will be adopted in the near future and that it will give full effect to the provisions of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that for the fourth year in succession the Government's report has not been received. It also notes that the Government representative's statement at the Conference Committee of 1992 that it was not possible to communicate information on the application of the Convention. Noting the concerns expressed by the Conference Committee concerning the lack of information on the application of the Convention and the importance placed by the Committee on this question, the Committee must repeat its previous observation, which read as follows:

In the comments that it has been making for a number of years, the Committee notes that measures have not yet been taken to limit the weight of loads that may be transported by adult male workers. Even before the adoption of the Labour Code in 1975, the Government announced in its reports that texts to apply the Code would include a text to give effect to this Convention. In a report received in 1983, the Government confirmed this undertaking, although it pointed out that factories manufacturing jute and plastic sacks for rice, flour, etc., now respected the standard of 50 kg, and that the old sacks of 70 or 75 kg were disappearing since they were no longer being manufactured in Madagascar. In its report for the period ending 30 June 1986, the Government indicated that the above information concerning the current standardization of sacks manufactured locally remained valid and that this practice would be laid down in regulations. However, the Government's last report, which was received in 1989, and the two letters signed by the Minister of the Civil Service, Labour and Labour Legislation in 1988, which were attached to the report, show that, in practice, factories, traders, transporters and farmers use sacks of 90 kg, 75 kg or 70 kg, which are generally manufactured locally, even though certain enterprises which are the principle manufacturers of these articles currently respect the standard of 50 kg. Consequently, the use of sacks that are in conformity with the requirements of international standards would, in the opinion of the Government, give rise to problems at the level of manufacture and consumption and would create difficulties as regards production costs and prices for manufacturers, users, producers and farmers. In a letter to the social partners in November 1988, the Minister invited them to recommend production units, "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings on the international level", to manufacture, by stages, sacks of 55 kg or 65 kg and to launch them progressively, as they are produced, onto the market. The Committee recalls that by virtue of Article 3 of the Convention, no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardize his health or safety. This rule does not provide for any exceptions on the grounds of production costs or prices or for any other reason. It is more than 20 years since Madagascar has ratified the Convention. For several years, the Government has been undertaking to lay down in regulations the current practice adopted by the principle manufacturers of sacks which respect the standard of 50 kg. In these circumstances, its letter recommending the production of sacks of up to 65 kg constitutes a serious retrogression. The Committee trusts that the Government will re-examine its position and that it will indicate in the near future the measures that have been taken to ensure that the Convention is applied to adult male workers.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to report in detail for the period ending 30 June 1994.]

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

In its previous comments, the Committee noted that the Government had not, for a number of years, supplied any statistics concerning lead poisoning among working painters, as requested in the report form under Article 7 of the Convention. In its latest report, the Government indicated that the Department of Labour does not have statistics concerning lead poisoning among working painters. The Committee wishes to remind the Government that under this Article of the Convention statistics with regard to lead poisoning among working painters should be established as to morbidity and mortality. The Committee therefore hopes that the Government will be able to supply these statistics with its next report.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 2 and 4 of the Convention. In the comments it has been making for a number of years, the Committee observed that Order No. 889 of 20 May 1960 contains, in sections 44 to 58, detailed provisions on the guarding of machinery, but that these provisions are applicable only to the use of the machinery and therefore have a more restricted scope than the provisions of the Convention. This instrument prohibits the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts specified in paragraphs 3 and 4 of the same Article are without appropriate guards. The Committee requested the Government to take the necessary measures to give full effect to the Convention on this point. In its last report, the Government stated that sections 55 to 58 of Order No. 889 lie within the terms of the Convention since they prohibit the employer from using machinery on which the dangerous parts are not protected and which have not been formally approved. The Government added that, by extension, the prohibition of the sale, hire or transfer of this machinery may be deduced; however, a draft Order to amend or supplement Order No. 889 of 20 May 1960 was under examination by the Directorate of Labour and the new text will take into account the provisions of the Convention. The Committee refers to paragraphs 55 to 63 of its 1987 General Survey on Safety in the Working Environment, in which it emphasized that "a mere prohibition of the use of inadequately guarded machinery cannot ... be considered as obviating the need to apply the requirements of Part II of the Convention concerning its sale, hire and transfer" (paragraph 62), and that "the prohibitions laid down in the Convention apply not only to the initial sale but also to subsequent sales by agents and to the hire, transfer and exhibition of unguarded machines, whether new or reconditioned" (paragraph 70). The Committee once again urges the Government to take the necessary measures to give full effect to the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation concerning the following matters:

For many years, the Committee had been calling the Government's attention to the fact that there were no specific laws or regulations to ensure the full application of Articles 14 and 18 of the Convention, which provide that seats shall be supplied to all workers without distinction of sex and that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible. Since 1975, the Government has stated in its reports that the Order provided for by the Labour Code of 1975 would give full effect to the above-mentioned provisions of the Convention. The Committee had noted from the Government's last report for the period ending October 1981 that no progress appeared to have been made in the adoption of this Order. The Committee trusts that this Order will be adopted in the near future and that it will give full effect to the provisions of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that the Government's report has not been received. It also notes that the Government representative's statement at the Conference Committee of 1992 that it was not possible to communicate information on the application of the Convention. Noting the concerns expressed by the Conference Committee concerning the lack of information on the application of the Convention and the importance placed by the Committee on this question, the Committee must repeat its previous observation, which read as follows:

In the comments that it has been making for a number of years, the Committee notes that measures have not yet been taken to limit the weight of loads that may be transported by adult male workers. Even before the adoption of the Labour Code in 1975, the Government announced in its reports that texts to apply the Code would include a text to give effect to this Convention. In a report received in 1983, the Government confirmed this undertaking, although it pointed out that factories manufacturing jute and plastic sacks for rice, flour, etc., now respected the standard of 50 kg, and that the old sacks of 70 or 75 kg were disappearing since they were no longer being manufactured in Madagascar. In its report for the period ending 30 June 1986, the Government indicated that the above information concerning the current standardization of sacks manufactured locally remained valid and that this practice would be laid down in regulations. However, the Government's last report, which was received in 1989, and the two letters signed by the Minister of the Civil Service, Labour and Labour Legislation in 1988, which were attached to the report, show that, in practice, factories, traders, transporters and farmers use sacks of 90 kg, 75 kg or 70 kg, which are generally manufactured locally, even though certain enterprises which are the principle manufacturers of these articles currently respect the standard of 50 kg. Consequently, the use of sacks that are in conformity with the requirements of international standards would, in the opinion of the Government, give rise to problems at the level of manufacture and consumption and would create difficulties as regards production costs and prices for manufacturers, users, producers and farmers. In a letter to the social partners in November 1988, the Minister invited them to recommend production units, "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings on the international level", to manufacture, by stages, sacks of 55 kg or 65 kg and to launch them progressively, as they are produced, onto the market. The Committee recalls that by virtue of Article 3 of the Convention, no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardize his health or safety. This rule does not provide for any exceptions on the grounds of production costs or prices or for any other reason. It is more than 20 years since Madagascar has ratified the Convention. For several years, the Government has been undertaking to lay down in regulations the current practice adopted by the principle manufacturers of sacks which respect the standard of 50 kg. In these circumstances, its letter recommending the production of sacks of up to 65 kg constitutes a serious retrogression. The Committee trusts that the Government will re-examine its position and that it will indicate in the near future the measures that have been taken to ensure that the Convention is applied to adult male workers.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that no report has been received from the Government. It notes that the Government has not supplied any statistics concerning lead poisoning among working painters for a number of years, as requested in the report form under Article 7 of the Convention. The Government is, therefore, requested to provide statistics on morbidity and mortality due to lead poisoning in its next report.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with regret that no report has been received from the Government. It must therefore refer to its previous observation concerning the following matters:

For many years, the Committee had been calling the Government's attention to the fact that there were no specific laws or regulations to ensure the full application of Articles 14 and 18 of the Convention, which provide that seats shall be supplied to all workers without distinction of sex and that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible. Since 1975, the Government has stated in its reports that the Order provided for by the Labour Code of 1975 would give full effect to the above-mentioned provisions of the Convention. The Committee had noted from the Government's last report for the period ending October 1981 that no progress appeared to have been made in the adoption of this Order. The Committee trusts that this Order will be adopted in the near future and that it will give full effect to the provisions of the Convention.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In the comments that it has been making for a number of years, the Committee notes that measures have not yet been taken to limit the weight of loads that may be transported by adult male workers. Even before the adoption of the Labour Code in 1975, the Government announced in its reports that texts to apply the Code would include a text to give effect to this Convention. In a report received in 1983, the Government confirmed this undertaking, although it pointed out that factories manufacturing jute and plastic sacks for rice, flour, etc., now respected the standard of 50 kg, and that the old sacks of 70 or 75 kg were disappearing since they were no longer being manufactured in Madagascar. In its report for the period ending 30 June 1986, the Government indicated that the above information concerning the current standardisation of sacks manufactured locally remained valid and that this practice would be laid down in regulations. However, the Government's last report, which was received in 1989, and the two letters signed by the Minister of the Civil Service, Labour and Labour Legislation in 1988, which were attached to the report, show that, in practice, factories, traders, transporters and farmers use sacks of 90 kg, 75 kg or 70 kg, which are generally manufactured locally, even though certain enterprises which are the principle manufacturers of these articles currently respect the standard of 50 kg. Consequently, the use of sacks that are in conformity with the requirements of international standards would, in the opinion of the Government, give rise to problems at the level of manufacture and consumption and would create difficulties as regards production costs and prices for manufacturers, users, producers and farmers. In a letter to the social partners in November 1988, the Minister invited them to recommend production units, "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings on the international level", to manufacture, by stages, sacks of 55 kg or 65 kg and to launch them progressively, as they are produced, onto the market. The Committee recalls that by virtue of Article 3 of the Convention, no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardise his health or safety. This rule does not provide for any exceptions on the grounds of production costs or prices or for any other reason. It is more than 20 years since Madagascar has ratified the Convention. For several years, the Government has been undertaking to lay down in regulations the current practice adopted by the principle manufacturers of sacks which respect the standard of 50 kg. In these circumstances, its letter recommending the production of sacks of up to 65 kg constitutes a serious retrogression. The Committee trusts that the Government will re-examine its position and that it will indicate in the near future the measures that have been taken to ensure that the Convention is applied to adult male workers. END OF REPETITION

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Articles 2 and 4 of the Convention. In the comments it has been making for a number of years, the Committee has observed that Order No. 889 of 20 May 1960 contains, in sections 44 to 58, detailed provisions on the guarding of machinery, but that these provisions are applicable only to the use of the machinery and therefore have a more restricted scope than the provisions of the Convention. This instrument prohibits the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts specified in paragraphs 3 and 4 of the same Article are without appropriate guards. The Committee requested the Government to take the necessary measures to give full effect to the Convention on this point.

In its last report, the Government states that sections 55 to 58 of Order No. 889 lie within the terms of the Convention since they prohibit the employer from using machinery on which the dangerous parts are not protected and which have not been formally approved. The Government adds that, by extension, the prohibition of the sale, hire or transfer of this machinery may be deduced; however, a draft Order to amend or supplement Order No. 889 of 20 May 1960 is under examination by the Directorate of Labour and the new text will take into account the provisions of the Convention.

The Committee refers to paragraphs 55 to 63 of its 1987 General Survey on Safety in the Working Environment, in which it emphasised that "a mere prohibition of the use of inadequately guarded machinery cannot ... be considered as obviating the need to apply the requirements of Part II of the Convention concerning its sale, hire and transfer" (paragraph 62), and that "the prohibitions laid down in the Convention apply not only to the initial sale but also to subsequent sales by agents and to the hire, transfer and exhibition of unguarded machines, whether new or reconditioned" (paragraph 70).

The Committee once again urges the Government to take the necessary measures to give full effect to the Convention.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes with regret that no report has been received from the Government. It must therefore refer to its previous observation concerning the following matters:

For many years, the Committee had been calling the Government's attention to the fact that there were no specific laws or regulations to ensure the full application of Articles 14 and 18 of the Convention, which provide that seats shall be supplied to all workers without distinction of sex and that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible. Since 1975, the Government has stated in its reports that the Order provided for by the Labour Code of 1975 would give full effect to the above-mentioned provisions of the Convention. The Committee had noted from the Government's last report for the period ending October 1981 that no progress appeared to have been made in the adoption of this Order. It trusts that this Order will be adopted in the near future and that it will give full effect to the provisions of the Convention.

TEXT

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In the comments that it has been making for a number of years, the Committee notes that measures have not yet been taken to limit the weight of loads that may be transported by adult male workers. Even before the adoption of the Labour Code in 1975, the Government announced in its reports that texts to apply the Code would include a text to give effect to this Convention. In a report received in 1983, the Government confirmed this undertaking, although it pointed out that factories manufacturing jute and plastic sacks for rice, flour, etc., now respected the standard of 50 kg, and that the old sacks of 70 or 75 kg were disappearing since they were no longer being manufactured in Madagascar. In its report for the period ending 30 June 1986, the Government indicated that the above information concerning the current standardisation of sacks manufactured locally remained valid and that this practice would be laid down in regulations. However, the Government's last report, which was received in 1989, and the two letters signed by the Minister of the Civil Service, Labour and Labour Legislation in 1988, which were attached to the report, show that, in practice, factories, traders, transporters and farmers use sacks of 90 kg, 75 kg or 70 kg, which are generally manufactured locally, even though certain enterprises which are the principle manufacturers of these articles currently respect the standard of 50 kg. Consequently, the use of sacks that are in conformity with the requirements of international standards would, in the opinion of the Government, give rise to problems at the level of manufacture and consumption and would create difficulties as regards production costs and prices for manufacturers, users, producers and farmers. In a letter to the social partners in November 1988, the Minister invited them to recommend production units, "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings on the international level", to manufacture, by stages, sacks of 55 kg or 65 kg and to launch them progressively, as they are produced, onto the market. The Committee recalls that by virtue of Article 3 of the Convention, no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardise his health or safety. This rule does not provide for any exceptions on the grounds of production costs or prices or for any other reason. Soon it will be 30 years since Madagascar has ratified the Convention. For several years, the Government has been undertaking to lay down in regulations the current practice adopted by the principle manufacturers of sacks which respect the standard of 50 kg. In these circumstances, its letter recommending the production of sacks of up to 65 kg constitutes a serious retrogression. The Committee trusts that the Government will re-examine its position and that it will indicate in the near future the measures that have been taken to ensure that the Convention is applied to adult male workers.

TEXT

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with regret that no report has been received by the Government. It must therefore repeat its previous observation on the following matters:

For many years, the Committee has been calling attention to the fact that there are no specific laws or regulations to ensure the full application of Articles 14 and 18 of the Convention, which provide that seats shall be supplied to all workers without distinction of sex and that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible. Since 1975, the Government has stated in its reports that the Order provided for by the Labour Code of 1975 would give full effect to the above-mentioned provisions of the Convention. The Committee has noted from the Government's last report for the period ending October 1981 that no progress appeared to have been made in the adoption of this Order. It trusts that this Order will be adopted in the near future and that it will give full effect to the provisions of the Convention.

TEXT

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

In the comments that it has been making for a number of years, the Committee notes that measures have not yet been taken to limit the weight of loads that may be transported by adult male workers.

Even before the adoption of the Labour Code in 1975, the Government announced in its reports that texts to apply the Code would include a text to give effect to this Convention. In a report received in 1983, the Government confirmed this undertaking, although it pointed out that factories manufacturing jute and plastic sacks for rice, flour, etc., now respected the standard of 50 kg, and that the old sacks of 70 or 75 kg were disappearing since they were no longer being manufactured in Madagascar. In its report for the period ending 30 June 1986, the Government indicated that the above information concerning the current standardisation of sacks manufactured locally remained valid and that this practice would be laid down in regulations.

However, the Government's last report, which was received in 1989, and the two letters signed by the Minister of the Civil Service, Labour and Labour Legislation in 1988, which were attached to the report, show that, in practice, factories, traders, transporters and farmers use sacks of 90 kg, 75 kg or 70 kg, which are generally manufactured locally, even though certain enterprises which are the principle manufacturers of these articles currently respect the standard of 50 kg. Consequently, the use of sacks that are in conformity with the requirements of international standards would, in the opinion of the Government, give rise to problems at the level of manufacture and consumption and would create difficulties as regards production costs and prices for manufacturers, users, producers and farmers. In a letter to the social partners in November 1988, the Minister invited them to recommend production units, "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings on the international level", to manufacture, by stages, sacks of 55 kg or 65 kg and to launch them progressively, as they are produced, onto the market.

The Committee recalls that by virtue of Article 3 of the Convention, no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardise his health or safety. This rule does not provide for any exceptions on the grounds of production costs or prices or for any other reason. Soon it will be 30 years since Madagascar has ratified the Convention. For several years, the Government has been undertaking to lay down in regulations the current practice adopted by the principle manufacturers of sacks which respect the standard of 50 kg. In these circumstances, its letter recommending the production of sacks of up to 65 kg constitutes a serious retrogression. The Committee trusts that the Government will re-examine its position and that it will indicate in the near future the measures that have been taken to ensure that the Convention is applied to adult male workers. [The Government is asked to report in detail for the period ending 30 June 1990.]