1. All machinery, new or used, moulted by force other than human force, shall be considered to be machinery for the purposes of the application of this Convention.

2. The competent authority in each country shall determine whether and to what extent machines, new or used, moulted by human force, present dangers to the physical integrity of workers and shall be regarded as machines For the purposes of applying this Agreement. These decisions will be taken after consultation with the most representative organisations of employers and interested workers. The consultation initiative may be taken by any of these organizations.

3. The provisions of this Agreement:

(a)

Apply to on-road vehicles or on track, when in motion, only to the extent that the safety of driving personnel is at issue;

(b)

Apply to mobile agricultural machinery only to the extent that the safety of workers whose employment is related to these machines is at issue.

1. The sale and rental of machinery, including dangerous elements, specified in s. 3 and 4 of this Article, without adequate protective devices, shall be prohibited by national law or prevented by other equally effective measures.

2. Assignment to any other title and exposure of machines, including dangerous elements, specified in s. 3 and 4 of this Article, without appropriate protective devices, shall, to the extent determined by the competent authority, be prohibited by national law or prevented by other equally effective measures. However, the provisional removal, during the exposure of a machine, of protective devices for demonstration purposes shall not be regarded as an infringement of this provision, provided that appropriate precautions are taken To protect people from any risk.

3. All bolts, stop screws and clavettes, as well as such other parts, forming protruding on the movable parts of the machines, which would also be liable to present dangers for the persons coming into contact with these parts - When they are in motion-and that would be designated by the competent authority, must be designed, drowned or protected in such a way as to prevent such dangers.

4. All wheels, gears, cones or cylinders of friction, cams, pulleys, belts, chains, gables, endless screws, rods and seams, as well as the trees (including their extremities) and other transmission organs that would be May also present dangers to persons who come into contact with those elements-where they are in motion-and who would be designated by the competent authority, must be designed or protected in such a way as to prevent such Hazards. Machinery controls must be designed or protected in such a way as to prevent any danger.

1. The provisions of s. 2 does not apply to machines or their dangerous elements specified in the article which:

(a)

Provide, as a result of their construction, a security identical to that provided by appropriate protective devices;

(b)

Are intended to be installed or placed in such a way that, by virtue of their installation or location, they provide the same security as that presented by the appropriate protective devices.

2. Machines built in such a way that the conditions laid down in s. 3 and 4 of Art. 2 would not be fully complied with during maintenance, lubrication, change of working and adjustment parts-provided, however, that these operations can be carried out in accordance with the usual safety standards -will not, of this simple fact, be covered by the prohibition of the sale, rental, transfer to any other title or exhibition, provided for in subs. 1 and 2 of that article,

3. The provisions of s. 2 does not preclude the sale or transfer to any other title of machinery for storage, disposal or restoration. However, these machines must not be sold, leased, transferred to any other title or exposed, after storage or restoration, unless they meet the requirements of s. 2.

The obligation to apply the provisions of s. 2 shall be the responsibility of the seller, the lessor, the person who assigns the machine to any other title or exhibitor, and, in the appropriate cases, in accordance with the national law, to their respective agents. The manufacturer who sells, leases, assigns to any other title or exposs machines will have the same obligation.

1. Any Member may provide for a temporary derogation from the provisions of Art. 2.

2. The conditions and duration of this temporary derogation, which may not exceed three years from the entry into force of this Convention for the Member concerned, shall be determined by national law or by other measures Equally effective.

3. For the purposes of applying this Article, the competent authority shall consult the organisations most representative of employers and workers concerned, as well as, where appropriate, the organisations of manufacturers.

(1) The use of machinery for which any of the dangerous elements, including working parties (area of operation), is devoid of appropriate protective devices shall be prohibited by national law or prevented by Other equally effective measures. However, where this prohibition cannot be fully complied with without preventing the use of the machine, it must nevertheless apply to the extent that such use permits.

2. Machinery must be protected so that national safety and occupational health and safety regulations and standards are respected.

The obligation to apply the provisions of s. 6 must be the employer.

1. The provisions of s. 6 does not apply to machines or parts of machinery which, because of their construction, installation or location, provide the same security as that provided by the appropriate protective devices.

2. The provisions of s. 6 and art. 11 shall not interfere with the operation of maintenance, lubrication, change of working parts or adjustment of machines or parts of machines, carried out in accordance with the usual safety standards.

1. Any Member may provide for a temporary derogation from the provisions of Art. 6.

2. The conditions and duration of this temporary derogation, which may not exceed three years from the entry into force of this Convention for the Member concerned, shall be determined by national law or by other measures Equally effective.

3. For the purposes of this Article, the competent authority shall consult the organisations most representative of employers and interested workers.

The employer must take measures to make workers aware of the national legislation concerning the protection of machinery and must inform them, in an appropriate manner, of the dangers arising from the use of machinery, as well as Precautions to be taken.

2. The employer shall establish and maintain ambient conditions such as workers assigned to the machines covered by this Convention are not at risk.

1. No worker shall use a machine without the protective devices in place. No worker may be required to use a machine without the protective devices in place.

2. No worker shall render inoperative the protective devices which are provided for the machine he or she uses. The protective devices provided for a machine intended for use by a worker shall not be rendered inoperative.

Ratification of this Convention shall not affect the rights deriving for workers from national social security or social insurance legislation.

The provisions of this part of the Convention relating to the obligations of employers and workers shall apply, if the competent authority so decides and to the extent determined by it, to the self-employed.

For the purposes of applying this part of the Convention, the term "employer" also means, where appropriate, the agent of the employer within the meaning of national law.

1. All necessary measures, including measures providing for appropriate sanctions, shall be taken in order to ensure the effective implementation of the provisions of this Convention.

2. Any Member ratifying this Convention undertakes to provide appropriate inspection services for the monitoring of the application of its provisions, or to ensure that adequate inspection is ensured.

Any national legislation giving effect to the provisions of this Convention shall be drawn up by the competent authority after consultation with the most representative organisations of employers and workers concerned, as well as Manufacturers' organizations.

1. The provisions of this Convention shall apply to all sectors of economic activity, unless the Member ratifying the Convention restricts its application by a declaration annexed to its ratification.

2. In the case of a declaration restricting the application of the provisions of this Convention:

(a)

The provisions of the Convention shall apply at least to undertakings or sectors of economic activity which the competent authority, after consulting the labour inspectorate and the most representative organisations Employers and workers concerned, considers the use of machinery to be an important measure; the initiative of the consultation may be taken by any of the said organisations;

(b)

The Member must indicate in his or her reports to be submitted under s. 22 of the Constitution of the International Labour Organization ¹ , what progress has been made towards a wider application of the provisions of the Convention.

3. Any Member who has made a declaration in accordance with s. 1 above may, at any time, be totally or partially annulled by a subsequent declaration.

The formal ratifications of this Convention shall be communicated to and registered by the Director General of the International Labour Office.

(1) This Convention shall only bind the Members of the International Labour Organization whose ratification has been registered by the Director General.

2. It shall enter into force twelve months after the ratifications of two Members have been registered by the Director General.

3. Thereafter, this Convention shall enter into force for each member twelve months after the date on which its ratification has been registered.

1. Any Member having ratified this Convention may denounce it at the expiration of a period of ten years after the date of the initial entry into force of the Convention by an act communicated to the Director General of the International Labour Office And by registered him. The denunciation shall take effect only one year after being registered.

2. Any Member having ratified this Convention which, within one year of the expiration of the ten-year period referred to in the preceding paragraph, shall not make use of the right of denunciation provided for in this Article shall be bound For a new period of ten years and thereafter may denounce this Convention at the expiration of each ten-year period under the conditions laid down in this Article.

The Director General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications and denunciations made available to it by the Members of the Organization.

2. By notifying the Members of the Organization of the registration of the second ratification which has been communicated to it, the Director General shall call the attention of the Members of the Organization on the date on which this Convention enters into force Vigor.

The Director General of the International Labour Office shall communicate to the Secretary-General of the United Nations, for the purposes of registration, in accordance with art. 102 of the United Nations Charter ¹ , complete information about all ratifications and all acts of denunciation which it has registered in accordance with the previous articles.

Whenever it deems it necessary, the Governing Council of the International Labour Office shall submit to the General Conference a report on the application of this Convention and consider whether it should be included in the agenda of the Conference the question of its total or partial revision.

1. In the event that the Conference adopts a new convention for the total or partial revision of this Convention, and unless the new Convention provides otherwise:

(a)

Ratification by a Member of the new revision agreement would automatically entail, notwithstanding s. 20 above, immediate denunciation of this Convention, provided that the new revision agreement has entered into force;

(b)

From the date of entry into force of the new revision agreement, this Convention shall cease to be open for ratification by Members.

(2) This Convention shall in any case remain in force in its form and content for Members who have ratified it and which do not ratify the revised Convention.

The English and French versions of the text of this Agreement are equally authentic.