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Maximum Weight Convention, 1967 (No. 127) - Malta (RATIFICATION: 1988)

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CMNT_TITLE

In order to provide a comprehensive view of the issues relating to the application of ratified conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 62 (safety provisions (building)), 119 (guarding of machinery), 127 (maximum weight), 136 (benzene) and 148 (working environment (air pollution, noise and vibration)) together.
Article 15(2) of Convention No. 119, Article 8 of Convention No. 127, Article 14(c) of Convention No. 136, and Article 16 of Convention No. 148. Activities of the Occupational Health and Safety Authority to ensure compliance. The Committee notes that in reply to its previous request concerning details on the inspection activities conducted by the Occupational Health and Safety Authority (OHSA),the Government provides information, in its report, on the number of workplaces inspected, violations recorded, administrative fines issued and collected, and judicial proceedings initiated and closed for 2019 and 2020. The Committee also notes that as part of an increase of inspection activities in warehouses, the OHSA report of 2019 indicates that a total of 79 warehousing facilities were inspected, of which, 67 employed five or more workers and were therefore required to keep a written record of their risk assessment. According to the OHSA report, only 39 per cent of these 67 warehouses were found to be compliant with this obligation, while only 40 per cent of the companies inspected ensured the appointment of workers’ health and safety representatives. In addition, of all the warehouses inspected, 59 had fork-lift trucks, in 29 per cent of which no valid examination report was carried out by a competent body. The Committee requests the Government to continue to provide information on the implementation of the ratified occupational safety and health Conventions, including statistical information on the inspections conducted by the OHSA and on the activities undertaken to address the shortcomings identified.

1.Protection against specific risks

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 11(3) of the Convention. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution is medically inadvisable. In its previous comment, the Committee requested the Government to indicate how it is ensured in practice that occupational diseases resulting from exposure to air pollution are recognized, with a view to ensuring that workers whose continued assignment to work involving exposure to air pollution is medically inadvisable are provided with suitable alternative employment or that measures are taken so as to maintain their income through social security. The Committee notes that the Government’s report provides information on the eligibility to social security benefits of workers that suffer from an occupational disease associated with a respiratory illness. In addition, the Committee notes that the OHSA report indicates that during 2019, OHSA’s occupational physician was involved in investigating a number of cases of workers’ diseases to determine whether their cause was occupational or otherwise. The Committee also notes that the OHSA report does not contain information on the number of occupational diseases reported by physicians, medical personnel and/or employers. The Committee requests the Government to provide information on the number of workers whose continued assignment to work involving exposure to air pollution is medically inadvisable, and on the number who were provided with suitable alternative employment or measures which were taken to maintain their income through social security.

2.Protection in specific branches of activity

Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee recalls once again that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group, confirmed the classification of the Safety Provisions (Building) Convention, 1937 (No. 62) as an outdated instrument, and has placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to undertake follow-up action to actively encourage the ratification of the up-to-date instrument concerning the Safety and Health in Construction Convention, 1988 (No. 167), and recommended to offer technical assistance to those countries requiring most support. The Committee therefore once again encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider ratifying Convention No. 167. The Committee reminds the Government of the possibility of availing itself of the technical assistance of the Office in this regard.

CMNT_TITLE

In order to provide a comprehensive view of the issues relating to the application of ratified conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 62 (safety provisions (building)), 119 (guarding of machinery), 127 (maximum weight), 136 (benzene) and 148 (working environment (air pollution, noise and vibration)) together.
Article 15(2) of Convention No. 119, Article 8 of Convention No. 127, Article 14(c) of Convention No. 136, and Article 16 of Convention No. 148. Activities of the Occupational Health and Safety Authority to ensure compliance. In its previous comment on the application of Convention No. 148, the Committee noted the Government’s reference to research published by the Occupational Health and Safety Authority in 2011 indicating shortcomings with regard to the training of workers in the area of Occupational Safety and Health (OSH), the coverage of workers by medical examinations, the access of workers to health and safety representatives, and the carrying out of risk assessments by employers. The Committee notes that the Government indicates in its report on the application of Convention No. 148, in response to the Committee’s request, that improvements of OSH levels can only be realized through enforcement and awareness-raising activities, with the involvement of the social partners. The Committee notes that the 2018 annual report of the Occupational Health and Safety Authority contains information on awareness-raising activities and inspection visits undertaken by the Authority, including in relation to several of the observed shortcomings in 2011. It also notes from the same report that the injury and fatality rates have seen a downward trend in recent years. The Committee requests the Government to continue to provide information on the implementation of the ratified OSH Conventions. In this respect, it requests the Government to provide statistical information on the number of inspections undertaken, and the number of violations detected in the specific areas previously identified as shortcomings, as well as any measures taken by the Occupational Health and Safety Authority as a result.

Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Articles 6 and 7 of the Convention. Prohibition by national laws and regulations of the use of machinery without appropriate guards. Compliance by employers with those provisions. The Committee notes the Government’s reference in its report, in response to the Committee’s request, concerning the legal provisions which require the provision of appropriate guards for the use of dangerous parts of machinery. The Committee also notes, from the 2018 Report of Activities of the Occupational Health and Safety Authority, the information on inspections undertaken to ensure that employers comply with their obligations as regards machinery and equipment. The Committee takes note of this information.

Maximum Weight Convention, 1967 (No. 127)

Article 3 of the Convention. Manual transport of a load likely to jeopardize the health and safety of the worker. The Committee notes that the Government, in response to its previous request, states that, in accordance with the Protection against Risks of Back Injury at Work Places Regulations, 2003 determining the weight that may be lifted by a worker requires a risk assessment by the employer, in consultation with the workers. It notes that pursuant to section 4(3)(4) and (5) of the Regulations, employers shall take into account the worker’s capabilities as regards health and safety, as well as the worker’s medical fitness to carry out the assigned task, make necessary arrangements for the health surveillance of workers, and take all measures and precautions so as to protect groups particularly sensitive to risks. In this respect, employers shall consider the individual risk factors as laid down in Schedules I and II of the Regulations. The Committee takes note of this information.

Benzene Convention, 1971 (No. 136)

Article 6(3) of the Convention. The Committee notes the Government’s indication, in response to its previous request, that the Occupational Health and Safety Authority ensures (through inspection, enforcement and awareness initiatives) that duty holders take measures to ensure compliance with the national legislation on maximum limits of concentrations of benzene in workplaces. The Committee also notes that the Government, in response to the Committee’s request, indicates that the Occupational Health and Safety Authority has not issued directions on how to carry out measurements of the concentration of benzene within the workplace, but that it relies on international methodologies for this purpose. The Committee takes note of this information.
Application of the Convention in practice. The Committee notes the Government’s indication, in reply to its request, that the number of workplaces in the country where benzene is used is very small and that such use is only undertaken in laboratory facilities, normally involving analytical testing.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 2. Extension of the obligations of the Convention with respect to other categories of hazards. The Committee recalls that upon ratification, the Government only accepted the obligations of the Convention as regards the hazard of air pollution. The Committee notes the Government’s reference, in response to the previous Committee’s request, to the specific legislation in force as regards protection from hazards related to noise and vibration. In view of the existing legislation covering these categories of hazards, the Committee reminds the Government of the possibility of sending a formal notification to the Director General of the International Labour Office that it accepts the obligations of the Convention in respect of the categories previously excluded, in accordance with Article 2(3) of the Convention.
Article 4. National laws or regulations regarding air pollution. The Committee notes the Government’s reference, in response to its request, to the legislation on the protection from different forms of air pollution.
Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution is medically inadvisable. The Committee notes from section 36(15) of the Employment and Industrial Relations Act that workers are entitled to employment injury benefits in relation to a number of occupational diseases resulting from air pollution as listed in the Social Security Act. It further notes that, in accordance with section 35(16) of the Employment and Industrial Relations Act, employers shall find suitable employment where the disease has caused a disability rendering the employee unfit for their former employment. In this respect, the Committee recalls that it previously noted that research by the Occupational Health and Safety Authority indicated that a number of workers were not covered by medical examinations. It further notes from the 2018 report of the Occupational Health and Safety Authority (available on the website of that entity) that certain suspected cases of occupational diseases under the Social Security Act remain unnotified by medical practitioners or by employers. The Committee requests the Government to provide information on how it is ensured in practice that occupational diseases resulting from exposure to air pollution are recognized with a view to ensuring that workers, whose continued assignment to work involving exposure to air pollution is medically inadvisable, are provided with suitable alternative employment or that measures are taken so as to maintain their income through social security measures in accordance with Article 11(3) of the Convention.

Protection in specific branches of activity

Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group, confirmed the classification of the Safety Provisions (Building) Convention, 1937 (No. 62) as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to undertake follow-up action to actively encourage the ratification of the up-to-date instrument concerning the Safety and Health in Construction Convention, 1988 (No. 167), and recommended to offer technical assistance to those countries requiring most support. The Committee therefore encourages the Government to follow-up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider ratifying Convention No. 167. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

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The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.
Repetition
Legislation. The Committee notes the reference made by the Government that “local” legislation allegedly in conformity with relevant EU directives has been adopted. The Committee requests the Government to provide further details about this legislation and transmit a copy thereof to the Committee.
Article 3 of the Convention. Manual transport of a load likely to jeopardize the health and safety of the worker. The Committee notes the information provided by the Government that the referenced legislation would require an employer who assigns work which involves manual handling to any worker to carry out a risk assessment, taking into account the nature of the activity and the worker’s medical fitness to carry out the assigned task. The Committee, recalling that Article 3 states that 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 the health or safety of that worker, asks the Government to indicate measures taken or envisaged to specify the maximum weight limits that need to be considered by the employer when evaluating the risk to the health and safety of workers when engaging in the manual transport of a load.
Article 7. Assignment of women and young workers to manual transport of loads. With reference to its previous comments the Committee notes that the referenced legislation in this area does not appear to lay down a maximum weight limit that can be transported by women and young workers. In this regard, the Committee recalls that Article 7 of the Convention requires the assignment of women and young workers to manual transport of loads other than light loads to be limited, and further requires the maximum weight of such loads to be substantially less than that permitted for male workers. The Committee requests the Government to indicate measures taken or envisaged in law and in practice to give effect to the provisions of Article 7.
Application in practice. The Committee notes that the Government’s report is silent on this matter. The Committee therefore reiterates its request for the Government to provide additional information on the application of the Convention in practice, including extracts from labour inspections reports.

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The Committee notes with regret 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
Legislation. The Committee notes the reference made by the Government that “local” legislation allegedly in conformity with relevant EU directives has been adopted. The Committee requests the Government to provide further details about this legislation and transmit a copy thereof to the Committee.
Article 3 of the Convention. Manual transport of a load likely to jeopardize the health and safety of the worker. The Committee notes the information provided by the Government that the referenced legislation would require an employer who assigns work which involves manual handling to any worker to carry out a risk assessment, taking into account the nature of the activity and the worker’s medical fitness to carry out the assigned task. The Committee, recalling that Article 3 states that 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 the health or safety of that worker, asks the Government to indicate measures taken or envisaged to specify the maximum weight limits that need to be considered by the employer when evaluating the risk to the health and safety of workers when engaging in the manual transport of a load.
Article 7. Assignment of women and young workers to manual transport of loads. With reference to its previous comments the Committee notes that the referenced legislation in this area does not appear to lay down a maximum weight limit that can be transported by women and young workers. In this regard, the Committee recalls that Article 7 of the Convention requires the assignment of women and young workers to manual transport of loads other than light loads to be limited, and further requires the maximum weight of such loads to be substantially less than that permitted for male workers. The Committee requests the Government to indicate measures taken or envisaged in law and in practice to give effect to the provisions of Article 7.
Application in practice. The Committee notes that the Government’s report is silent on this matter. The Committee therefore reiterates its request for the Government to provide additional information on the application of the Convention in practice, including extracts from labour inspections reports.

CMNT_TITLE

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
Legislation. The Committee notes the reference made by the Government that “local” legislation allegedly in conformity with relevant EU directives has been adopted. The Committee requests the Government to provide further details about this legislation and transmit a copy thereof to the Committee.
Article 3 of the Convention. Manual transport of a load likely to jeopardize the health and safety of the worker. The Committee notes the information provided by the Government that the referenced legislation would require an employer who assigns work which involves manual handling to any worker to carry out a risk assessment, taking into account the nature of the activity and the worker’s medical fitness to carry out the assigned task. The Committee, recalling that Article 3 states that 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 the health or safety of that worker, asks the Government to indicate measures taken or envisaged to specify the maximum weight limits that need to be considered by the employer when evaluating the risk to the health and safety of workers when engaging in the manual transport of a load.
Article 7. Assignment of women and young workers to manual transport of loads. With reference to its previous comments the Committee notes that the referenced legislation in this area does not appear to lay down a maximum weight limit that can be transported by women and young workers. In this regard, the Committee recalls that Article 7 of the Convention requires the assignment of women and young workers to manual transport of loads other than light loads to be limited, and further requires the maximum weight of such loads to be substantially less than that permitted for male workers. The Committee requests the Government to indicate measures taken or envisaged in law and in practice to give effect to the provisions of Article 7.
Part V of the report form. Application in practice. The Committee notes that the Government’s report is silent on this matter. The Committee therefore reiterates its request for the Government to provide additional information on the application of the Convention in practice, including extracts from labour inspections reports.

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New legislation. The Committee notes the reference made by the Government that new “local” legislation allegedly in conformity with relevant EU directives has been adopted. The Committee requests the Government to provide further details about this legislation and transmit a copy thereof to the Committee.

Article 3 of the Convention. Manual transport of a load likely to jeopardize the health and safety of the worker. The Committee notes the information provided by the Government that the referenced new legislation would require an employer who assigns work which involves manual handling to any worker to carry out a risk assessment, taking into account the nature of the activity and the worker’s medical fitness to carry out the assigned task. The Committee, recalling that Article 3 states that 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 the health or safety of that worker, asks the Government to indicate measures taken or envisaged to specify the maximum weight limits that need to be considered by the employer when evaluating the risk to the health and safety of workers when engaging in the manual transport of a load.

Article 7. Assignment of women and young workers to manual transport of loads. With reference to its previous comments the Committee notes that the referenced new legislation in this area does not appear to lay down a maximum weight limit that can be transported by women and young workers. In this regard, the Committee recalls that Article 7 of the Convention requires the assignment of women and young workers to manual transport of loads other than light loads to be limited, and further requires the maximum weight of such loads to be substantially less than that permitted for male workers. The Committee requests the Government to indicate measures taken or envisaged in law and in practice to give effect to the provisions of Article 7.

Part V of the report form. Application in practice. The Committee notes that the Government’s report is silent on this matter. The Committee therefore reiterates its request for the Government to provide additional information on the application of the Convention in practice, including extracts from labour inspections reports.

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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 direct request, which read as follows:

Article 7 of the Convention. Women and young workers. The Committee notes the adoption of the Protection of Maternity at Work Places Regulations (LN 92 of 2000) and the Protection of Young Persons at Work Places Regulations (LN 91 of 2000, as amended by LN 283 of 2004). It notes that the First Schedule to LN 92 of 2000 provides a non-exhaustive list of physical work, such as handling loads, for which an assessment has to be carried out before pregnant workers, mothers or breastfeeding women can transport loads. However, the Committee notes that there is no specific mention of women workers who are not pregnant, breastfeeding or being a mother. With respect to young workers, it notes that section 4(1a) of LN 91 of 2000 provides that employers shall ensure that the work assigned is not beyond such young person’s physical or psychological capacity. The Committee notes in this respect the Government’s statement, as a response to its previous request that, beside the legislation adopted (as mentioned above), no specific guidelines has been issued with respect to limiting the assignment of women and young persons for the manual transportation of loads. Considering that neither LN 92 of 2000 (with respect to women), nor LN 91 of 2000 (with respect to young workers) provide a limit to what women and young workers can manually transport, the Committee requests the Government to provide additional information in its next report on measures taken or envisaged to ensure the full application of Article 7 of the Convention, particularly ensuring that all women workers are covered.

Part IV of the report form. Practical application of the Convention. The Committee notes the adoption of the Occupational Health and Safety Authority Act (Act No. XXVII of 2000) establishing the occupational health and safety authority and the safety appeals board. It notes that section 5 of the Act provides that the Occupational Health and Safety Authority shall ensure that occupational safety and health protection is maintained. The Committee requests the Government to provide additional information in its next report on the practical application of the Convention, including extracts from labour inspection reports.

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1. Further to its observation, the Committee requests the Government to provide additional information on the following points.

2. Article 7 of the Convention. Women and young workers. The Committee notes the adoption of the Protection of Maternity at Work Places Regulations (LN 92 of 2000) and the Protection of Young Persons at Work Places Regulations (LN 91 of 2000, as amended by LN 283 of 2004). It notes that the First Schedule to LN 92 of 2000 provides a non-exhaustive list of physical work, such as handling loads, for which an assessment has to be carried out before pregnant workers, mothers or breastfeeding women can transport loads. However, the Committee notes that there is no specific mention of women workers who are not pregnant, breastfeeding or being a mother. With respect to young workers, it notes that section 4(1a) of LN 91 of 2000 provides that employers shall ensure that the work assigned is not beyond such young person’s physical or psychological capacity. The Committee notes in this respect the Government’s statement, as a response to its previous request that, beside the legislation adopted (as mentioned above), no specific guidelines has been issued with respect to limiting the assignment of women and young persons for the manual transportation of loads. Considering that neither LN 92 of 2000 (with respect to women), nor LN 91 of 2000 (with respect to young workers) provide a limit to what women and young workers can manually transport, the Committee requests the Government to provide additional information in its next report on measures taken or envisaged to ensure the full application of Article 7 of the Convention, particularly ensuring that all women workers are covered. 

3. Part IV of the report form. Practical application of the Convention. The Committee notes the adoption of the Occupational Health and Safety Authority Act (Act No. XXVII of 2000) establishing the occupational health and safety authority and the safety appeals board. It notes that section 5 of the Act provides that the Occupational Health and Safety Authority shall ensure that occupational safety and health protection is maintained. The Committee requests the Government to provide additional information in its next report on the practical application of the Convention, including extracts from labour inspection reports.

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1. The Committee notes the information contained in the Government’s report and the attached legislation. The Committee notes with satisfaction the legislative measures undertaken by the adoption of the General Provisions for Health and Safety at Work Places Regulations (LN 36 of 2003) and the Protection against Risks of Back Injury at Work Places Regulations (LN 35 of 2003), which ensure the application of Articles 1, 3, 4, 5 and 6 of the Convention.

2. The Committee is raising certain other points in a request addressed directly to the Government.

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Article 4 of the Convention. The Committee notes section 8(1)(b) of the Act for the Promotion of Occupational Health and Safety, 1994, providing in general terms for the employer's obligation "to ensure that reasonable measures and precautions have been taken so that the work environment in workplaces under his control is reasonably favourable to health and free from avoidable physical or psychological stress". The Committee, however, points out that Article 4 of the Convention calls for the observance of the specific conditions (nature of the work, physiological characteristics, climatic conditions, etc.) regarding the application of the principle set forth in Article 3, according to which 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. The Committee therefore asks the Government to define the specific conditions taken into account in the application of the principle inherent in Article 3.

Article 5. The Committee notes section 8(1)(e) of the Act for the Promotion of Occupational Health and Safety, 1994, as well as section 49(4) of the Factories (Health, Safety and Welfare) Regulations, 1986, which both prescribe the employer's duty to inform every worker about the dangers to health and safety in the workplace, the necessity to use the protective measures indicated and the best methods of prevention. The Committee recalls the provision of Article 5 of the Convention and requests the Government to indicate the manner in which the workers assigned to manual transport of loads other than light loads receive, prior to such assignment, adequate training or instruction in working techniques, with a view to safeguarding health and preventing accidents.

Article 6. The Committee notes the Government's indication to the effect that the employer has the obligation to provide and maintain systems of work that are, so far as reasonably practicable, safe and without risks to health. The Committee requests the Government to supply additional information whether or not suitable technical devices are used as much as possible in order to limit or facilitate the manual transport of loads, in conformity with Article 6 of the Convention.

Article 7. The Committee notes the Government's indication according to which it is intended to publish specific guidelines either as codes of practice or in the form of regulations in the near future. The Committee hopes that these guidelines will limit the assignment of women and young workers to manual transport of loads other than light loads, and will also reflect the information contained in the ILO publication "Maximum weights in load lifting and carrying" (Occupational Safety and Health Series, No. 59, Geneva, 1988) as concerns weight limits for lifting and carrying loads. It requests the Government to supply a copy of these guidelines as soon as they are issued.

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The Committee notes the information supplied by the Government in its first reports.

It would be grateful if the Government would supply additional information on the following points in its next report:

Article 4 of the Convention. Please specify the conditions (nature of the work, physiological characteristics, climatic conditions, etc.) taken into account in the application of the principle set forth in Article 3 of the Convention, according to which 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.

Article 5. Please indicate how workers are trained or instructed in working techniques before being assigned to the manual transport of loads other than light loads.

Article 6. Please supply information on the measures taken to encourage the use of suitable technical devices in order to limit or facilitate the manual transport of loads.

Article 7. The Committee notes the information supplied by the Government in its report to the effect that women are only assigned to the manual transport of light loads, which are substantially lighter than the loads which adult males are permitted to transport. According to the same information, young persons aged between 16 and 18 years are not assigned to the manual transport of loads which are too heavy for them. Please indicate the provisions contained in the national legislation which restrict the assignment of women and young workers to the manual transport of loads other than light loads.

Please indicate the maximum weight of loads permitted to be transported by women and young workers.

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