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Article 7. Restriction on the assignment of women and young workers under the age of 18 years to manual transport. In its previous direct request the Committee noted that Act No. 35/ 2004 was not in conformity with this Article of the Convention and asked the Government to indicate measures taken to give effect to the obligation to restrict the employment of adult women and young workers in regard to the transport of loads other than light loads and to establish that the weight of each load shall be substantially less for women than that permitted for male workers. The Committee notes that, according to the Government’s most recent report, the Act referred to would have been repealed by section 12 of Act No. 7/2009 revising the Labour Code. The Committee notes, however, that the Government does not indicate the provisions nor the measures taken to give effect to Article 7 as regards women and young workers. With reference to its direct requests in 2002 and 2006, the Committee requests the Government to take the measures required to give effect to the obligation to restrict the employment of adult women and young workers in regard to the transport of loads other than light loads and to establish that the weight of each load shall be substantially less for women than that permitted for male workers.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government, in particular regarding the activities carried out in the context of the European Week on Manual Transport of Loads in 2007, as well as the observations by the General Union of Workers (CUT) that this campaign continued in 2008 but that its national impact was not yet known. The Committee notes that, according to statistical data provided by the Government, 76, 414 and 197 breaches of provisions related to the Convention were registered for the three years 2006–08 respectively. The Committee requests the Government to provide further information on the impact of the campaign referred to above, on the measures taken to address the apparent increase in breaches, as well as any other relevant information on how the Convention has been applied in practice, including trends regarding registered breaches.

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1. The Committee notes the information contained in the Government’s report. It notes the adoption of Decree Law No. 99-2003 of 27 August 2003 approving the Labour Code, in particular section IV on safety, hygiene and health at work, which repeals Decree No. 107/2001 concerning light work. It also notes the adoption of Act No. 35/2004 of 29 July 2004 issuing regulations for the Labour Code.

2. Article 5 of the Convention, in conjunction with Part V of the report form. Training prior to assignment to manual transport of loads. With reference to its previous comments, the Committee notes that campaigns have been held on occupational hazards in the agricultural, construction, textile and pottery industries. Regarding the application of the Convention in practice, the Government indicates that manuals, brochures, prospectuses and posters have been distributed, particularly on manual transport of loads. The Committee invites the Government to continue to provide information on the manner in which the Convention is applied, giving, for example, extracts from reports of the inspection services and, so far as such statistics are available, information concerning the number and nature of contraventions reported.

3. Article 7.  Restriction on the assignment of women and young workers under the age of 18 years to manual transport. The Committee notes that section 60(2) of the Labour Code provides specifically that the performance of work whose nature or conditions are harmful to the physical, mental or moral development of children is prohibited or subject to certain conditions covered by special legislation. Sections 122 and 126(g) of Act No. 35/2004 prohibit young persons under 16 years of age from transporting loads exceeding 15 kg in weight. For minors aged over 16 years, section 122 provides that the employer must assess the nature, degree and length of exposure of the minor to the activities or work subject to conditions and take the necessary measures to avoid any risks. However, the Committee notes that the new legislation does not lay down a maximum weight limit that can be transported by young workers under 16 years of age or for women workers. Furthermore, it notes that Act No. 35/2004 makes no distinction between occasional transport, and regular transport or between young men and young women. In this regard, the Committee recalls that Article 7 of the Convention lays down restrictions on the assignment of women and young workers to manual transport of loads and that Paragraphs 21 and 22 of Recommendation No. 128 stipulate that “where the minimum age for assignment to manual transport of loads is less than 16 years, measures should be taken as speedily as possible to raise it to that level … with a view to attaining a minimum age of 18 years”. When women and young workers are assigned to manual transport of loads, the maximum weight should be substantially less than that permitted for male workers. In addition, the Committee recalls the ILO publication Maximum weights in load lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1998). The Committee requests the Government to indicate measures taken to give effect to the obligation to restrict the employment of adult women and young workers in regard to the transport of loads other than light loads and to establish that the weight of each load shall be substantially less for women than that permitted for male workers.

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The Committee notes the Government’s last report, as well as the information supplied in response to its previous comments. It notes with interest the adoption of Legislative Decree No. 107 of 6 April 2001 concerning light work, which gives substantial effect to Article 7 of the Convention. The Committee nevertheless draws the Government’s attention to the following points.

1. Article 5 of the Convention, in conjunction with Part V of the report form. The Committee notes the Government’s indication contained in the Government’s last report that a campaign on occupational hazards in agriculture was held between April 1997 and April 1998. In the framework of this campaign, posters and brochures on the manual transport of loads have been issued, and a number of information and training activities have been carried out. Considering that such campaigns would constitute an important contribution to the implementation of the legislation, the Committee requests the Government to indicate whether such campaigns or similar activities have also been carried out in other branches of occupational activities. It invites the Government to continue to provide information on the manner in which the Convention is applied in practice.

2. Article 7. (a) Women. With regard to the maximum weight of loads that may be transported by women workers and regarding the indications contained in Paragraphs 15 and 16 of Recommendation No. 128 that women workers, as far as possible, should not be assigned to the regular manual transport of loads and that, where they are so engaged, the maximum weight of such loads should be substantially less than that permitted for adult male workers, the Committee notes the Government’s view that a total prohibition of the assignment of women workers to work involving the manual transport of loads would call into question the principle of equality for women in employment and ultimately contribute to limiting their employment opportunities. The Government further explains that the little difference in the maximum weight limits established by the national legislation for men and women is due to the fact that the maximum weight which may be transported by a male adult worker is already much lower than that advocated in Paragraph 14 of Recommendation No. 128.

(b) Young persons. As concerns the maximum weights that may be transported by young workers, the Committee notes section 2, paragraph 1, of Legislative Decree No. 107/2001, which lays down the principle that minors under the age of 16 may only carry out light work. According to section 2, paragraph 2, of this Decree, light work is defined as simple and well-determined work, which does not require physical or mental efforts likely to jeopardize the physical integrity and mental development of young workers. In addition, section 2, subsection 4, of Legislative Decree No. 107/2001, prohibits minors under the age of 16 from performing those activities and types of work that may be performed by minors over the age of 16 only under certain conditions. The activities and the types of work, which are subject to certain conditions, are listed in Annex II to the Legislative Decree No. 107/2001. Since the manual transport of load is indicated under paragraph II(a) of this Annex, the manual transport of loads is prohibited for minors under the age of 16.

With regard to young persons over the age of 16, the Committee notes that, pursuant to section 2, subsection 4, of Legislative Decree No. 107/2001, in conjunction with paragraph II(a) of Annex II, the maximum load that may be transported by a young worker of either sex aged 16 or 17 is 15 kg. Thus, the maximum weight limit established for young male workers corresponds to the limits for occasional and more frequent lifting of loads recommended in the ILO publication Maximum weights in load lifting and carrying, Occupational Safety and Health Series, No. 59, Geneva, 1988, but not the maximum weight limit established for women workers between 15 and 18 years of age. Due to the fact that Portuguese legislation does not establish a difference between either occasional regular transport or male and female young workers, the maximum weight established does not comply with the values recommended for women workers over the age of 16. In this context, the Government explains that the distinction between regular and occasional transport of loads has not been integrated into the national legislation, due to the fact that the manual transport of loads is considered, de lege ferenda, as work carried out by minors between 16 and 18 years of age is subject to certain conditions, and that the employer is therefore obliged to take appropriate measures to avoid any risk. The Government considers that these measures sufficiently ensure, beyond the safety and health of young persons, their physical balance and their mental development and thus meet the objectives set forth in Paragraph 24 of the Recommendation No. 128. As to the non-distinction between the sexes for the establishment of maximum weight limits, the Government indicates that the girls’ muscular and skeletal development normally occurs earlier than that of boys, which was decisive for fixing moderate maximum weight limits applicable to both sexes. In this respect, the Committee draws the Government’s attention to the information contained in the ILO’s Encyclopaedia of Occupational Health and Safety, 3rd revised edition, Geneva, 1983, where it is explained that, while women are less strong physically than men, and their capacity for sustained physical work is substantially lower, the attempt to carry excessive loads may suddenly raise their intra-abdominal pressure and cause disturbances of the blood circulation in the pelvic organs and lower limbs, menstrual disorders, etc. These disorders are more common if a woman has been carrying heavy loads from an early age.

In the light of this information, the Committee invites the Government to consider the establishment of different maximum weight limits for the manual transport of loads for female and male young workers between the ages of 16 and 18, to ensure the full application of Article 7 of the Convention.

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With reference to its previous comments, the Committee notes with satisfaction that section 8 of Legislative Decree No. 330 of 25 September 1993 to issue minimum health and safety requirements for the manual transport of loads, which is applicable to all branches of economic activity, provides that employers shall supply to the workers concerned, and to their representatives in the enterprise or establishment, information on: (a) the potential health risks arising out of the incorrect manner of undertaking the manual transport of loads; (b) the maximum weight and other characteristics of the load; and (c) the centre of gravity and the heaviest side when the contents of the load are not uniformly distributed in terms of weight. Section 8(2) provides that the employer shall ensure that the workers are provided with adequate training and accurate information on the correct manner of transporting loads.

The Committee notes that the above Decree also gives effect to the following provisions of the Convention:

Article 3. For loads weighing over 30 kilograms which are transported occasionally and loads weighing over 20 kilograms which are transported regularly, the employer has to evaluate the relevant aspects of the risk involved in the manual transport of the loads (section 5(1)(a)).

Article 4. With a view to reducing the risks involved, the available space, temperature and the unevenness, slope or instability of the ground shall be taken into account (section 5(2)). The physical effort required by the back, rest periods, large heights to which the load has to be lifted and the rhythm of work which is not under the control of the worker also have to be taken into account (section 5(3)).

Article 8. Workers and their representatives have to be consulted on the application of the provisions contained in Decree No. 330.

With reference to Article 7 of the Convention, the Committee notes that under the terms of section 3 of Decree No. 715/93, the maximum weight established for young men and women workers is 10 kilograms for persons from 14 to 15 years of age and 15 kilograms for persons from 16 to 17 years of age. In this respect, the Committee notes that for the purposes of the Convention the term "young worker" means a worker under 18 years of age. Furthermore, the Committee notes with interest that the maximum weights established for adult workers are 30 kilograms and 20 kilograms respectively for the occasional and regular transport of loads, which indicates that developments in ergonomics and occupational medicine have been taken into account; however, the Committee notes that the difference between the regular and the occasional transport of loads has not been taken into account when establishing the weights which may be transported by young workers. Nor has a difference been made between young male workers and young women workers.

With regard to women workers, the Committee notes that, although Decree No. 330 does not establish a difference between men and women workers with regard to the maximum weight of loads (30 kilograms and 20 kilograms respectively for the occasional and regular transport of loads), the Government states in its report that Decree No. 186/73 remains in force, section 3(c)(d) of which provides that work requiring the occasional manual transport of loads weighing in excess of 27 kilograms or the regular transport of loads weighing in excess of 15 kilograms is prohibited for women workers.

In this context, the Committee wishes to draw the Government's attention to the information contained in the Encyclopaedia of Occupational Health and Safety of the ILO on the maximum permissible weights for the manual transport of loads, according to which young persons of either sex are not suited to lifting loads and that physiological differences result in a different aptitude of women with regard to the manual transport of loads. The Committee also refers to Recommendation No. 128, in accordance with which, as far as possible, neither women nor young workers should be assigned to regular manual transport of loads, and where adult women workers are so assigned, the maximum weight of such loads should be substantially less than that permitted for adult male workers; similarly, the maximum weight of such loads for young workers should be substantially less than that permitted for adult workers of the same sex (Paragraphs 15, 16, 19 and 20).

The Committee hopes that the Government will continue to take measures to ensure, as far as possible, that women workers and young workers are not engaged in the manual transport of loads and to ensure that, when these categories of workers are engaged in the manual transport of loads, the limits which are established for the loads take into account medical knowledge in this respect, as has been done for adult male workers. The Committee requests the Government to continue supplying information on the progress achieved in this respect and to supply information on the effect given in practice to the provisions relating to the manual transport of loads, including, for example, extracts of the reports of the inspection services and, taking into account the capacity of the statistical services, information on the number and nature of the violations reported and the measures taken in this respect, etc. (Part V of the report form).

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In its previous comments, the Committee noted that the national legislation only gives effect to the Convention with respect to women and to men workers above 16 years of age and working in the civil construction industry, while the Convention, in accordance with Article 2, applies to all workers in all branches of economic activity. The Committee nevertheless noted the Government's indication in its first report that it was conscious of the need to adopt legislation ensuring the application of the Convention in all sectors of economic activity. The Committee hoped that the planned legislation would also contain provisions relating to the following Articles of the Convention:

(a)Article 5 (training of workers in working techniques with a view to preventing accidents before their assignment to the manual transport of loads other than light loads);

(b)Article 7 (limited assignment of young workers of less than 18 years of age to the transport of loads other than light loads and of a weight substantially less than that permitted for adult male workers).

The Committee notes the Government's statement in its latest report that it is still conscious of the need to adopt legislation ensuring the application of the Convention to all sectors of economic activity and that the current revision of existing standards in the light of EC directives will provide the opportunity to include in Portugese legislation the provisions of the Convention that are not yet covered.

The Committee hopes that new standards will be adopted in this respect in the near future and requests the Government to indicate any progress achieved in this respect in its next report.