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1. The Committee notes the information provided by the Government in its latest report according to which a Labour Code should be examined by the Congress of New Caledonia before the end of the first half of 2007. The report also indicates that a working paper is ready and a delegation of the State Council visited Nouméa in March 2007 on a technical mission to finalize the preliminary draft text. The Government’s report adds that a compilation of occupational safety and health texts for professionals has been prepared and its dissemination should coincide with that of the new Labour Code. Furthermore, the report indicates that the transposition of the European Union Framework Directive on Prevention and Safety is being carried out in 2007 and that this text will serve, among other objectives, to generalize in New Caledonia the concept of risk evaluation in enterprises and that the issue of the manual handling of loads forms part of the reflection that enterprises will have to carry out in the context of their risk evaluation. The Committee further notes the information provided by the Government on the effect given in practice to the provisions respecting the maximum weight of loads, on the use of modern technical means for the handling of loads and on vocational training. While noting that these developments are promising, the Committee observes that the regulations on maximum weight have not changed since its last comment. It is accordingly once again bound to reiterate its comments on the following points:

1. The Committee notes that the provisions of the Labour Code of 1926, and particularly sections R.231-72, establish limits in the merchant marine sector for loads for which the manual transport is inevitable. The Committee also notes the Government’s announcement that a draft order prepared by the medical labour inspector will be submitted to the Government with a view to improving the regulations in force along the lines indicated by the Committee. In this respect, the Committee notes that the only regulation currently in force concerning the manual transport of loads by workers is Order No. 1211-T of 19 March 1993, which gives effect to section 5 of Order No. 34/CP of 23 February 1989, which itself only establishes minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. The Committee recalls that, in its previous comment, it noted the information provided by the Government, and particularly the findings of a survey of occupational physicians.

2. Articles 3 and 7 of the Convention. The Committee noted the finding of this survey that in general heavy loads are only handled occasionally, except in the case of certain activities, and particularly removals and the unloading of containers loaded with imported products. Furthermore, in practice, the average weight of loads is lower than 55 kg, except in the case of the lifting of sick persons and their transport on stretchers. With regard to the criteria applied by occupational physicians to conclude that a worker is fit for the manual transport of loads over 55 kg, account is taken of Order No. 1211-T of 19 March 1993 giving effect to section 5 of Order No. 34/CP of 23 February 1989 respecting minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. In this respect, the Committee noted that section 3 above remained unchanged. The absolute limit for occasional lifting is set at 105 kg, and a worker may be regularly authorized to carry loads of over 55 kg if he has been found fit by the occupational physician. While noting the findings of the above survey, the Committee therefore requested the Government to indicate the measures which had been taken or were envisaged to ensure that workers could not be required to engage in the manual transport of a loads heavier than 55 kg. Once again, the Committee referred to the ILO publication Maximum weight in lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by a male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the admissible weight of loads to be transported occasionally by adult women. The Committee emphasizes that it has been raising this matter for many years. It therefore hopes that the Government will take the necessary measures to give effect to the provisions of the Convention.

3. Articles 4 and 6. The Committee previously noted the technical devices (trolleys, lifts, fixed or travelling cranes) used by workers depending on the financial means of the enterprise to limit or facilitate the manual transport of loads. The Committee requests the Government to continue providing information on the application of this Article in practice.

4. Part V of the report form. The Committee notes the information provided concerning occupational accidents. The Committee requests the Government to continue providing information on the effect given in practice to the provisions respecting the maximum weight of loads which may be transported manually and, in particular, on the action taken to prevent this type of occupational accident. The Committee hopes that the Government will take the necessary measures, as soon as possible, for the adoption of the above draft order and to ensure that this text reflects the points raised by the Committee in its comments and provides effective protection for workers called upon to lift and transport loads manually.

2. The Committee requests the Government to provide any new legislative text as soon as it is adopted.

[The Government is asked to reply in detail to the present comments in 2008.]

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1. The Committee notes the information contained in the Government’s report and notes that a Labour Code is being drawn up by the Congress of New Caledonia. The report also indicates that a compilation of texts on occupational health and safety for professionals is also being drawn up. Furthermore, since May 2006, a subcommittee has been charged with making proposals on occupational safety and health at work. While noting the information provided by the Government on the practical application of provisions relating to maximum weight of loads, particularly the use of modern technical handling devices and occupational training, the Committee is bound, once again, to reiterate its comments on the following points raised in its previous observation.

The Committee notes that the provisions of the Labour Code of 1926, and particularly sections R.231-72, establish limits in the merchant marine sector for loads for which the manual transport is inevitable. The Committee also notes the Government’s announcement that a draft order prepared by the Medical Labour Inspector will be submitted to the Government with a view to improving the regulations in force along the lines indicated by the Committee. In this respect, the Committee notes that the only regulation currently in force concerning the manual transportation of loads by workers is Order No. 1211 T of 19 March 1993, which gives effect to section 5 of Order No. 34/CP of 23 February 1989, which itself only establishes minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. The Committee recalls that, in its previous comment, it noted the information provided by the Government, and particularly the findings of a survey of occupational physicians.

Articles 3 and 7 of the Convention. The Committee noted the finding of this survey that in general heavy loads are only handled occasionally, except in the case of certain activities, and particularly removals and the unloading of containers loaded with imported products. Furthermore, in practice, the average weight of loads is lower than 55 kg, except in the case of the lifting of sick persons and their transport on stretchers. With regard to the criteria applied by occupational physicians to conclude that a worker is fit for the manual transport of loads over 55 kg, account is taken of Order No. 1211-T of 19 March 1993, giving effect to section 5 of Order No. 34/CP of 23 February 1989, respecting minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. In this respect, the Committee noted that section 3 above remained unchanged. The absolute limit for occasional lifts is set at 105 kg, and a worker may be regularly required to carry loads up to a maximum of 55 kg if he has been found fit by the occupational physician. While noting the findings of the above survey, the Committee therefore requested the Government to indicate the measures which had been taken or were envisaged to ensure that workers could not be required to engage in the manual transport of a load heavier than 55 kg. Once again, the Committee referred to the ILO publication Maximum weight in lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by a male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the admissible weight of loads to be transported occasionally by adult women. The Committee emphasizes that it has been raising this matter for many years. It therefore hopes that the Government will take the necessary measures to give effect to the provisions of the Convention.

Articles 4 and 6. The Committee had noted the technical devices (trolleys, lifts, fixed or travelling cranes) used by workers depending on the financial means of the enterprise to limit or facilitate the manual transport of loads. The Committee requests the Government to continue providing information on the application of this Article in practice.

Part V of the report form. The Committee notes the information provided concerning occupational accidents. The Committee requests the Government to continue providing information on the effect given in practice to the provisions respecting the maximum weight of loads which may be transported manually and, in particular, on the action taken to prevent this type of occupational accident. The Committee hopes that the Government will take the necessary measures, as soon as possible, for the adoption of the above draft order and to ensure that this text reflects the points raised by the Committee in its comments and to provide effective protection for workers called upon to lift and transport loads manually.

The Committee firmly hopes that the Government will take the necessary legislative and/or other measures as soon as possible to ensure effective protection for workers who have to lift and transport loads manually.

2. The Committee requests the Government to supply any new legislative texts as soon as they are adopted.

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

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1. The Committee notes the information supplied in the Government’s last reports and echoes the concern expressed by the social partners and by social organizations and the public authorities that, according to the statistics supplied by the Government, the share of manual load handling in occupational accidents increased from 30 per cent in 1999 to 37.7 per cent in 2002. The Committee notes that, as regards the application of the Convention, there have been no legislative or administrative changes. It requests the Government to continue to provide information on the practical effect given to the provisions on the maximum weight of loads that may be transported manually, and particularly on the measures taken to prevent occupational accidents in this area, and is again bound to repeat its comments on a number of points raised in its previous observation:

The Committee notes the Government’s report and its reply to its previous comment. It notes that the provisions of the Labour Code of 1926, and particularly sections R.231-72, establish limits in the merchant marine sector for loads for which the manual transport is inevitable. The Committee also notes the Government’s announcement that a draft order prepared by the Medical Labour Inspector will be submitted to the Government with a view to improving the regulations in force along the lines indicated by the Committee. In this respect, the Committee notes that the only regulation currently in force concerning the manual transportation of loads by workers is Order No. 1211 T of 19 March 1993, which gives effect to section 5 of Order No. 34/CP of 23 February 1989, which itself only establishes minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. The Committee recalls that, in its previous comment, it noted the information provided by the Government, and particularly the findings of a survey of occupational physicians.

Articles 3 and 7 of the Convention. The Committee noted the finding of this survey that in general heavy loads are only handled occasionally, except in the case of certain activities, and particularly removals and the unloading of containers loaded with imported products. Furthermore, in practice, the average weight of loads is lower than 55 kg, except in the case of the lifting of sick persons and their transport on stretchers. With regard to the criteria applied by occupational physicians to conclude that a worker is fit for the manual transport of loads over 55 kg, account is taken of Order No. 1211-T of 19 March 1993, giving effect to section 5 of Order No. 34/CP of 23 February 1989, respecting minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. In this respect, the Committee noted that section 3 above remained unchanged. The absolute limit is set at 105 kg, and a worker may even be permitted to carry regularly loads heavier than 55 kg if he has been found fit by the occupational physician. While noting the findings of the above survey, the Committee therefore requested the Government to indicate the measures which had been taken or were envisaged to ensure that workers could not be required to engage in the manual transport of a load heavier than 55 kg. Once again, the Committee referred to the ILO publication Maximum weight in lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by a male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the admissible weight of loads to be transported occasionally by adult women. The Committee emphasizes that it has been raising this matter for many years. It therefore hopes that the Government will take the necessary measures to give effect to the provisions of the Convention.

Articles 4 and 6. The Committee had noted the technical devices (trolleys, lifts, fixed or travelling cranes) used by workers depending on the financial means of the enterprise to limit or facilitate the manual transport of loads. The Committee requests the Government to continue providing information on the application of this Article in practice.

Part V of the report form. The Committee notes the information provided concerning occupational accidents. The Committee requests the Government to continue providing information on the effect given in practice to the provisions respecting the maximum weight of loads which may be transported manually and, in particular, on the action taken to prevent this type of occupational accident. The Committee hopes that the Government will take the necessary measures, as soon as possible, for the adoption of the above draft order and to ensure that this text reflects the points raised by the Committee in its comments and to provide effective protection for workers called upon to lift and transport loads manually.

2. The Committee firmly hopes that the Government will take the necessary legislative and/or other measures as soon as possible to ensure effective protection for workers who have to lift and transport loads manually.

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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:

The Committee notes the Government’s report and its reply to its previous comment. It notes that the provisions of the Labour Code of 1926, and particularly sections R.231-72, establish limits in the merchant marine sector for loads for which the manual transport is inevitable. The Committee also notes the Government’s announcement that a draft order prepared by the Medical Labour Inspector will be submitted to the Government with a view to improving the regulations in force along the lines indicated by the Committee. In this respect, the Committee notes that the only regulation currently in force concerning the manual transportation of loads by workers is Order No. 1211 T of 19 March 1993, which gives effect to section 5 of Order No. 34/CP of 23 February 1989, which itself only establishes minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. The Committee recalls that, in its previous comment, it noted the information provided by the Government, and particularly the findings of a survey of occupational physicians.

Articles 3 and 7 of the Convention. The Committee noted the finding of this survey that in general heavy loads are only handled occasionally, except in the case of certain activities, and particularly removals and the unloading of containers loaded with imported products. Furthermore, in practice, the average weight of loads is lower than 55 kg, except in the case of the lifting of sick persons and their transport on stretchers. With regard to the criteria applied by occupational physicians to conclude that a worker is fit for the manual transport of loads over 55 kg, account is taken of Order No. 1211-T of 19 March 1993, giving effect to section 5 of Order No. 34/CP of 23 February 1989, respecting minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. In this respect, the Committee noted that section 3 above remained unchanged. The absolute limit is set at 105 kg, and a worker may even be permitted to carry regularly loads heavier than 55 kg if he has been found fit by the occupational physician. While noting the findings of the above survey, the Committee therefore requested the Government to indicate the measures which had been taken or were envisaged to ensure that workers could not be required to engage in the manual transport of a load heavier than 55 kg. Once again, the Committee referred to the ILO publication Maximum weight in lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by a male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the admissible weight of loads to be transported occasionally by adult women. The Committee emphasizes that it has been raising this matter for many years. It therefore hopes that the Government will take the necessary measures to give effect to the provisions of the Convention.

Articles 4 and 6. The Committee had noted the technical devices (trolleys, lifts, fixed or travelling cranes) used by workers depending on the financial means of the enterprise to limit or facilitate the manual transport of loads. The Committee requests the Government to continue providing information on the application of this Article in practice.

Part V of the report form. The Committee notes the information provided concerning occupational accidents. The rate of occupational accidents related to the manual handling and transport of loads has remained relatively stable since 1995. In this respect, the Committee notes that 3 per cent of occupational accidents involved absence from work for over 24 hours and that the number of days for which benefits are paid by the CAFAT for this type of occupational accident remains stable but high, since they account for around 30 per cent of the total number of days for which benefits are paid in respect of occupational accidents. The Committee therefore requests the Government to continue providing information on the effect given in practice to the provisions respecting the maximum weight of loads which may be transported manually and, in particular, on the action taken to prevent this type of occupational accident.

The Committee therefore hopes that the Government will take the necessary measures as soon as possible for the adoption of the above draft order and to ensure that this text reflects the points raised by the Committee in its comments and to provide effective protection for workers called upon to lift and transport loads manually.

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

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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:

The Committee notes the Government’s report and its reply to its previous comment. It notes that the provisions of the Labour Code of 1926, and particularly sections R.231-72, establish limits in the merchant marine sector for loads for which the manual transport is inevitable. The Committee also notes the Government’s announcement that a draft order prepared by the Medical Labour Inspector will be submitted to the Government with a view to improving the regulations in force along the lines indicated by the Committee. In this respect, the Committee notes that the only regulation currently in force concerning the manual transportation of loads by workers is Order No. 1211 T of 19 March 1993, which gives effect to section 5 of Order No. 34/CP of 23 February 1989, which itself only establishes minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. The Committee recalls that, in its previous comment, it noted the information provided by the Government, and particularly the findings of a survey of occupational physicians.

Articles 3 and 7 of the Convention. The Committee noted the finding of this survey that in general heavy loads are only handled occasionally, except in the case of certain activities, and particularly removals and the unloading of containers loaded with imported products. Furthermore, in practice, the average weight of loads is lower than 55 kg, except in the case of the lifting of sick persons and their transport on stretchers. With regard to the criteria applied by occupational physicians to conclude that a worker is fit for the manual transport of loads over 55 kg, account is taken of Order No. 1211-T of 19 March 1993, giving effect to section 5 of Order No. 34/CP of 23 February 1989, respecting minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. In this respect, the Committee noted that section 3 above remained unchanged. The absolute limit is set at 105 kg, and a worker may even be permitted to carry regularly loads heavier than 55 kg if he has been found fit by the occupational physician. While noting the findings of the above survey, the Committee therefore requested the Government to indicate the measures which had been taken or were envisaged to ensure that workers could not be required to engage in the manual transport of a load heavier than 55 kg. Once again, the Committee referred to the ILO publication Maximum weight in lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by a male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the admissible weight of loads to be transported occasionally by adult women. The Committee emphasizes that it has been raising this matter for many years. It therefore hopes that the Government will take the necessary measures to give effect to the provisions of the Convention.

Articles 4 and 6. The Committee had noted the technical devices (trolleys, lifts, fixed or travelling cranes) used by workers depending on the financial means of the enterprise to limit or facilitate the manual transport of loads. The Committee requests the Government to continue providing information on the application of this Article in practice.

Part V of the report form. The Committee notes the information provided concerning occupational accidents. The rate of occupational accidents related to the manual handling and transport of loads has remained relatively stable since 1995. In this respect, the Committee notes that 3 per cent of occupational accidents involved absence from work for over 24 hours and that the number of days for which benefits are paid by the CAFAT for this type of occupational accident remains stable but high, since they account for around 30 per cent of the total number of days for which benefits are paid in respect of occupational accidents. The Committee therefore requests the Government to continue providing information on the effect given in practice to the provisions respecting the maximum weight of loads which may be transported manually and, in particular, on the action taken to prevent this type of occupational accident.

The Committee therefore hopes that the Government will take the necessary measures as soon as possible for the adoption of the above draft order and to ensure that this text reflects the points raised by the Committee in its comments and to provide effective protection for workers called upon to lift and transport loads manually.

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

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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 Government’s report and its reply to its previous comment. It notes that the provisions of the Labour Code of 1926, and particularly sections R.231 72, establish limits in the merchant marine sector for loads for which the manual transport is inevitable. The Committee also notes the Government’s announcement that a draft order prepared by the Medical Labour Inspector will be submitted to the Government with a view to improving the regulations in force along the lines indicated by the Committee. In this respect, the Committee notes that the only regulation currently in force concerning the manual transportation of loads by workers is Order No. 1211 T of 19 March 1993, which gives effect to section 5 of Order No. 34/CP of 23 February 1989, which itself only establishes minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. The Committee recalls that, in its previous comment, it noted the information provided by the Government, and particularly the findings of a survey of occupational physicians.

Articles 3 and 7 of the Convention. The Committee noted the finding of this survey that in general heavy loads are only handled occasionally, except in the case of certain activities, and particularly removals and the unloading of containers loaded with imported products. Furthermore, in practice, the average weight of loads is lower than 55 kg, except in the case of the lifting of sick persons and their transport on stretchers. With regard to the criteria applied by occupational physicians to conclude that a worker is fit for the manual transport of loads over 55 kg, account is taken of Order No. 1211 T of 19 March 1993, giving effect to section 5 of Order No. 34/CP of 23 February 1989, respecting minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. In this respect, the Committee noted that section 3 above remained unchanged. The absolute limit is set at 105 kg, and a worker may even be permitted to carry regularly loads heavier than 55 kg if he has been found fit by the occupational physician. While noting the findings of the above survey, the Committee therefore requested the Government to indicate the measures which had been taken or were envisaged to ensure that workers could not be required to engage in the manual transport of a load heavier than 55 kg. Once again, the Committee referred to the ILO publication Maximum weight in lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by a male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the admissible weight of loads to be transported occasionally by adult women. The Committee emphasizes that it has been raising this matter for many years. It therefore hopes that the Government will take the necessary measures to give effect to the provisions of the Convention.

  Articles 4 and 6. The Committee had noted the technical devices (trolleys, lifts, fixed or travelling cranes) used by workers depending on the financial means of the enterprise to limit or facilitate the manual transport of loads. The Committee requests the Government to continue providing information on the application of this Article in practice.

  Part V of the report form. The Committee notes the information provided concerning occupational accidents. The rate of occupational accidents related to the manual handling and transport of loads has remained relatively stable since 1995. In this respect, the Committee notes that 3 per cent of occupational accidents involved absence from work for over 24 hours and that the number of days for which benefits are paid by the CAFAT for this type of occupational accident remains stable but high, since they account for around 30 per cent of the total number of days for which benefits are paid in respect of occupational accidents. The Committee therefore requests the Government to continue providing information on the effect given in practice to the provisions respecting the maximum weight of loads which may be transported manually and, in particular, on the action taken to prevent this type of occupational accident.

The Committee therefore hopes that the Government will take the necessary measures as soon as possible for the adoption of the above draft order and to ensure that this text reflects the points raised by the Committee in its comments and to provide effective protection for workers called upon to lift and transport loads manually.

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The Committee notes the Government’s report and its reply to its previous comment. It notes that the provisions of the Labour Code of 1926, and particularly sections R.231-72, establish limits in the merchant marine sector for loads for which the manual transport is inevitable. The Committee also notes the Government’s announcement that a draft order prepared by the Medical Labour Inspector will be submitted to the Government with a view to improving the regulations in force along the lines indicated by the Committee. In this respect, the Committee notes that the only regulation currently in force concerning the manual transportation of loads by workers is Order No. 1211-T of 19 March 1993, which gives effect to section 5 of Order No. 34/CP of 23 February 1989, which itself only establishes minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. The Committee recalls that, in its previous comment, it noted the information provided by the Government, and particularly the findings of a survey of occupational physicians.

Articles 3 and 7 of the Convention.  The Committee noted the finding of this survey that in general heavy loads are only handled occasionally, except in the case of certain activities, and particularly removals and the unloading of containers loaded with imported products. Furthermore, in practice, the average weight of loads is lower than 55 kg, except in the case of the lifting of sick persons and their transport on stretchers. With regard to the criteria applied by occupational physicians to conclude that a worker is fit for the manual transport of loads over 55 kg, account is taken of Order No. 1211-T of 19 March 1993, giving effect to section 5 of Order No. 34/CP of 23 February 1989, respecting minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. In this respect, the Committee noted that section 3 above remained unchanged. The absolute limit is set at 105 kg, and a worker may even be permitted to carry regularly loads heavier than 55 kg if he has been found fit by the occupational physician. While noting the findings of the above survey, the Committee therefore requested the Government to indicate the measures which had been taken or were envisaged to ensure that workers could not be required to engage in the manual transport of a load heavier than 55 kg. Once again, the Committee referred to the ILO publication Maximum weight in lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by a male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the admissible weight of loads to be transported occasionally by adult women. The Committee emphasizes that it has been raising this matter for many years. It therefore hopes that the Government will take the necessary measures to give effect to the provisions of the Convention.

Articles 4 and 6.  The Committee had noted the technical devices (trolleys, lifts, fixed or travelling cranes) used by workers depending on the financial means of the enterprise to limit or facilitate the manual transport of loads. The Committee requests the Government to continue providing information on the application of this Article in practice.

Part V of the report form.  The Committee notes the information provided concerning occupational accidents. The rate of occupational accidents related to the manual handling and transport of loads has remained relatively stable since 1995. In this respect, the Committee notes that 3 per cent of occupational accidents involved absence from work for over 24 hours and that the number of days for which benefits are paid by the CAFAT for this type of occupational accident remains stable but high, since they account for around 30 per cent of the total number of days for which benefits are paid in respect of occupational accidents. The Committee therefore requests the Government to continue providing information on the effect given in practice to the provisions respecting the maximum weight of loads which may be transported manually and, in particular, on the action taken to prevent this type of occupational accident.

The Committee therefore hopes that the Government will take the necessary measures as soon as possible for the adoption of the above draft order and to ensure that this text reflects the points raised by the Committee in its comments and to provide effective protection for workers called upon to lift and transport loads manually.

[The Government is asked to report in detail in 2002.]

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The Committee notes the information provided by the Government in its report, particularly with regard to the data provided by occupational physicians in the context of a survey.

Articles 3 and 7 of the Convention. The Committee notes from the information obtained from this survey of occupational physicians that heavy loads are generally only handled infrequently, except in the case of certain activities, and particularly removals and the unloading of containers loaded with imported products. Furthermore, in practice, the average weight of loads is lower than 55 kg, except in the case of the lifting of sick persons and their transport on stretchers. With regard to the criteria applied by occupational physicians to conclude that a worker is capable of the manual transport of loads over 55 kg, reference is made to Order No. 1211-T, of 19 March 1993, which gives effect to section 5 of Order No. 34/CP of 23 February 1989 respecting minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. In this respect, the Committee notes that the above section 3 remains unchanged. The absolute limit is set at 105 kg and a worker may even be permitted to carry regularly loads heavier than 55 kg if he has been found fit by the occupational physicians. While noting the information provided by the above survey, the Committee therefore requests the Government to indicate the measures which have been taken or are envisaged to ensure that workers cannot be required to engage in the manual transport of a load which is heavier than 55 kg. Once again the Committee refers to the recommendations contained in the ILO publication "Maximum weight in lifting and carrying" (Occupational Safety and Health Series, No. 59, Geneva, 1988) in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by a male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the load permitted to be lifted and transported occasionally by adult women. The Committee has been raising this issue for many years. It therefore hopes that the Government will take the necessary measures to give effect to the provisions of the Convention.

Articles 4 and 6. The Committee notes the technical devices (trolleys, lifts, fixed or travelling cranes) used by workers, depending on the financial means of the enterprise, to limit or facilitate the manual transport of loads. The Committee requests the Government to continue providing information on the effect given to this Article in practice.

Part V of the report form. The Committee notes the information on occupational accidents. The rate of occupational accidents related to the manual handling and transport of loads has remained relatively stable since 1995. In this respect, the Committee notes that 3 per cent of occupational accidents involve absence from work for over 24 hours and that the number of days for which benefits are paid by the CAFAT for this type of occupational accident also remains stable but high, since they account for around 30 per cent of the total number of days for which benefits are paid in respect of occupational accidents. The Committee therefore requests the Government to continue providing information on the effect given in practice to the provisions respecting the maximum weight of loads which may be transported manually and, in particular, on the action taken to prevent this type of occupational accidents.

[The Government is asked to report in detail in 2001.]

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Articles 3 and 7 of the Convention. The Committee refers to its observation and, while awaiting the revision of the limits established in sections 3 and 4 of Order No. 1211-T of 19 March 1993 concerning the minimum health and safety requirements as regards the manual handling of loads involving risks for workers, particularly in the back and lumbar regions, it requests the Government to continue supplying information on the application in practice of the provisions respecting the maximum weight of loads which can be transported manually (point V of the report form) by indicating the number of cases in which occupational physicians have found workers fit to carry regularly loads above 55 kg, on any limits which may be placed on these loads and on the criteria applied by the occupational physicians. In this respect, the Committee would be grateful if the Government would also supply copies of any regulations, directives or codes of practice providing guidance to occupational physicians for their evaluation of the fitness of workers to carry regularly loads over 55 kg without endangering their health and safety, as well as information on any measures which have been taken or are envisaged to reflect in the texts applicable at the national level the development of knowledge in the field of occupational medicine.

Articles 4 and 6. The Committee notes that by virtue of section 2 of Order No. 1211-T of 19 March 1993, the employer must take appropriate organizational measures or use appropriate means, including mechanical equipment, to avoid recourse to the manual handling of loads by workers. However, when the manual handling of a load cannot be avoided, particularly due to the layout of the workplace where such handling is carried out, the employer has to take appropriate organizational measures or make available to workers the appropriate means, including accessories which give a good grip, and where necessary combine different types of measures, so as to limit the physical effort and reduce the risk involved in the operation. The Committee requests the Government to provide information in future reports on the effect given in practice to these provisions.

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The Committee notes the information supplied by the Government in its last report.

Articles 3 and 7 of the Convention. Further to its previous comments noting the absence of legislation to limit the weight of loads which can be transported manually by adult men, women and young workers, the Committee notes with interest the adoption of Order No. 1211-T of 19 March 1993 under section 5 of Decision No. 34/CP of 23 February 1989 respecting minimum health and safety requirements for the manual handling of loads involving risks to workers, particularly to the back and lumbar regions. Section 3 of the Order states that "where recourse to manual handling is inevitable and the mechanical aids referred to in section 2(1) cannot be used, a worker shall only be allowed to carry regularly loads over 55 kg if he has been found fit by the occupational physician; it is prohibited to cause a single man to carry any load over 105 kg". Section 4 of the above Order provides that young workers under 18 years of age and women employed in the establishments referred to in section 1 of Decision No. 34/CP of 23 February 1989 may not carry, pull or push either inside or outside such establishments loads heavier than the weight limits established for the carrying of loads, of 15 kg for male workers of 14 or 15 years of age, 20 kg for those of 16 or 17 years of age, and 8, 10 and 25 kg respectively for women workers of 14, 16 and 18 years of age.

The Committee notes that this Order establishes limits which did not exist before. However, with regard to the maximum weight established for the carrying of loads by adult males, the Committee notes that the absolute limit is set at 105 kg and that a worker can even be permitted to carry regularly loads heavier than 55 kg if he has been found fit by the occupational physician.

The Committee is concerned by the question of the basis on which the occupational physician could reach the conclusion that a worker would be fit to carry manually on a regular basis loads over 55 kg without endangering his health or safety. In this respect, the Committee draws attention to Recommendation No. 128 concerning the maximum permissible weight to be carried by one worker, which states in Paragraph 14 that, where the maximum permissible weight which may be transported manually by one adult male worker is more than 55 kg, measures should be taken as speedily as possible to reduce it to that level. The Committee also refers to the publication Maximum weight in load lifting and carrying in the Occupational Safety and Health Series of the International Labour Office, in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by an adult male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the load permitted to be lifted and transported occasionally by adult women. The Committee hopes that the Government will keep the question under examination with a view to reducing the permitted weight of loads which may be carried by adult workers of both sexes and that it will indicate any measure taken to this effect.

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The Committee takes note of the information supplied by the Government in its report.

1. In its previous direct request, the Committee referred to the lack of any provisions to give effect to Article 3 (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 jeopardise his health or safety), Article 4 (that members shall take account of all the conditions in which the work is to be performed) and Article 6 (that suitable technical devices shall be used in order to limit or facilitate the manual transport of loads) of the Convention.

The Committee notes that, in its last report, the Government states that the measures adopted by the authority responsible for health and safety and working conditions have established regulations giving general effect to the Convention but that specific measures have not yet been adopted to avoid making the new labour legislation cumbersome, as it is already considerably more voluminous than the former legislation. According to the Government, it is clear that, two years after the entry into force of the above measures, the various general legislation already existing enabled the very rare concrete problems that arose to be solved satisfactorily.

The Committee wishes to stress the importance for the health of the workers concerned, of determining the maximum weight of loads and of taking into account factors such as topography, climate, distance, lifting and frequency.

In this connection, the Committee draws the Government's attention to the contents of Recommendation No. 128 concerning the maximum permissible weight to be carried by one worker. It also invites the Government to become acquainted with the brochure "Maximum weight in load lifting and carrying", Occupational Safety and Health Series, No. 59, International Labour Office, Geneva, 1988.

The Committee asks the Government to provide information on the application in practice of the provisions of the Convention referred to.

2. The Committee notes that there is no provision in the national legislation giving effect to Article 7 of the Convention (limitation of the assignment of women and young workers to manual transport of loads other than light loads; limitation of the maximum weight of loads to be transported by women and young workers, which must be substantially less than that permitted for adult male workers).

The Government indicates that the Orders provided for in section 5 of Decision No. 34 of 23 February 1989 are to be prepared in the near future after consultation with the social partners. The Committee hopes that the above Orders will be adopted shortly and asks the Government to provide information on developments in this respect.

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1. The Committee has taken note of the information supplied by the Government in its report. It has taken note of the resolutions of the Congress of the Territory of New Caledonia No. 33 of the 1.09.88, concerning methods of applying articles 47, 48 and 49 of Ordinance No. 85-1181 of 13.11.85, and No. 34 of 23.02.89 on general health and safety measures, section 2 of which gives effect to the provisions of Article 5 of the Convention (that workers assigned to manual transport of loads shall receive training in working techniques with a view to safeguarding health and preventing accidents). It also notes Decree No. 88-3395 stipulating the information to be included in the report required under article 18 of resolution No. 33 of 1.09.88 and Decree No. 88-634 fixing the maximum weights to be borne by cables, loading chains and cords made of natural and synthetic fibres used to carry out construction work, public works and all other work involving buildings.

2. The Committee has noted that the creation of committees on health, safety and working conditions, provided in resolution No. 33 of 1.09.88, can help to improve working conditions and protect the safety of the workers. None the less, it notes that the legislation attached to the Government's report contains no provision for specific measures designed to give effect to the following provisions of the Convention: Article 3 (that no adult worker of the male sex 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; Article 4 (that members shall take account of all the conditions in which the work is to be performed); and Article 6 (that suitable technical devices shall be used in order to limit or to facilitate the manual transport of loads).

3. Article 7. According to the provisions of section 5 (paragraphs 4 and 5) of resolution No. 34 of 23.02.89, decisions by the competent authority shall determine the types of work in which women and young workers under the age of 18 years may not be permitted or required to engage. The Committee would be grateful if the Government would indicate whether the manual transport of loads which, by reason of their weight, would be likely to jeopardise the health or safety of women and young workers is to be included in the above types of work, and what action has been taken or planned to give concrete form to the restrictions arising from Article 7 of the Convention.