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Maximum Weight Convention, 1967 (No. 127) - Lithuania (RATIFICATION: 1994)

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Previous comment on Convention No. 115: direct requestPrevious comment on Convention No. 127: direct request

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection) and 127 (maximum weight) together.

Radiation Protection Convention, 1960 (No. 115)

Legislation. The Committee notes that the Act on Radiation Protection of the Republic of Lithuania and the Lithuanian Hygiene Standard HN 73:2018 “Basic Standard of Radiation Protection” were entirely amended in 2018. The Committee notes that the legislation continues to give effect to most of the provisions of the Convention.

Article 7(2) of the Convention. Prohibition concerning engagement of workers under the age of 16 in work involving ionizing radiation. In its previous comment, the Committee requested the Government to provide information on the measures taken to prohibit the engagement of persons under the age of 16 in work involving ionizing radiations of workers. In this respect, the Committee notes withinterest that section 23 of the Procedure for Organizing the Recruitment, Work and Professional Training of Persons Under 18 Years of Age and the Conditions for Child Employment, approved by Resolution No. 518 of 28 June 2017 explicitly prohibits the engagement in work involving ionizing radiations, of workers under the age of 18, in accordance with Article 7(2) of the Convention. The Committee notes this information which responds to its previous request.

Article 8. Dose limits for workers not directly engaged in radiation work. In its previous comment, the Committee requested the Government to provide further information on the measures taken or envisaged to ensure that the dose limits for workers not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiations, are the same as those applied to the members of the public. The Committee notes the Government’s indication in its report that, in accordance with the definitions of “exposed worker” and “the public” provided for in section 2 of the Act on Radiation Protection (as amended in 2018), workers who are not directly engaged in radiation work but who remain or pass where they may be exposed to ionizing radiations or radioactive substances fall within the second definition and thus have the same level of protection against such exposure as members of the public. The Committee notes this information which responds to its previous request.

Maximum Weight Convention, 1967 (No. 127)

Application of the Convention in practice. The Committee notes the Government’s indication in its report that, although the overall number of occupational diseases is decreasing, one of the main causes remains biomechanical/ergonomic factors. In this respect, the Committee notes the information from the occupational diseases registry (shared by the Government) that in 2020, 48.9 per cent of occupational diseases were due to biomechanical/ergonomic factors (including carrying and lifting loads), and in 2019 this percentage was 48.63 per cent. The Government indicates that it takes the necessary measures to prevent occupational accidents and diseases related to manual transport of loads, including by taking into account the information of the occupational diseases registry, ensuring the provision of detailed work safety and health instructions to employees, and monitoring compliance through inspection. The Committee notes that the manual handling of loads is mandatorily assessed during routine inspections and that inspectors assess different factors including the company's internal regulations on manual handling procedures and the training of employees. The Government indicates that, for the period 2016-2019, the State Labour Inspectorate (SLI), together with the social partners, carried out a series of special inspections and campaigns on the issue of manual lifting of loads, including campaigns in health care institutions regarding the professional risks of employees related to manual lifting of patients. The Committee notes that in the framework of the National Action Plan for Occupational Safety and Health 2017–2021, the SLI developed an Interactive Manual for handling loads, repetitive movements and working postures at work. Taking due note of the measures taken, the Committee requests the Government to continue to provide information concerning the application in practice of the Convention, including the number of occupational accidents and diseases related to the manual transport of loads, the number of labour inspections, the number of violations of legal provisions related to maximum permissible weight limits found, and the number of penalties imposed.

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Application of the Convention in practice. The Committee notes the detailed information provided by the Government in its report and refers to its previous comments in which it noted an increase in the number of occupational accidents and diseases related to manual lifting of loads, respectively from five to 26 and from 103 to 164, between 2005 and 2008. In its report, the Government explains that significant errors in the collection and processing of data may have occurred in the first years following the introduction, in 2004, of the new system of data collection on accidents at the workplace. However, the Committee notes that, according to the Government’s report, the number of occupational accidents related to manual transport of loads reported in 2009 has risen to 78 accidents, 74 of which were minor, three severe and one fatal. The Committee also notes the increasing trend of the last two years in the number of occupational diseases caused by load lifting and carrying. According to the Public Register of Occupational Diseases, 88 cases of occupational diseases were registered in 2009, 58 in 2010, 53 in 2011, 78 in 2012 and 99 in 2013. The Committee requests the Government to take all the appropriate measures with a view to analysing and remedying the causes for the increase in occupational accidents and diseases related to manual transport of loads and to provide information on any development in this regard. Noting in addition that the last campaign to raise knowledge and awareness among workers on manual load handling was initiated in 2009, the Committee requests the Government to provide information on any other initiatives undertaken to ensure that workers assigned to manual transport of loads receive adequate training or instruction in working techniques. It also requests the Government to continue to provide information on the application of the Convention in practice.

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The Committee notes the Government’s latest detailed report indicating recent legislative changes giving further effect to the Convention, including Health and Safety at Work Regulations for Manual Handling of Loads (Official Gazette, 2006, No. 116-4417) and Methodological Guidance on the Investigation of Ergonomic Risks (Official Gazette, 2005, No. 95-3536).

Part V of the report form. Application in practice. The Committee notes the Government’s response to its previous comment concerning observations of the Federation of Workers of Lithuania (LDF) received in September 2004, regarding the application of the Convention in practice. The Committee notes that, according to information available to the State Labour Inspectorate, there were five accidents related to the manual lifting of loads in 2005, increasing to 26 accidents in 2008, and that, according to the information collected in the Public Register of Occupational Diseases, there were 103 cases of occupational diseases caused by load lifting and carrying in 2005 again, increasing to 164 cases in 2008. The Committee asks the Government to provide further information on the causes for this increase and, as appropriate, on measures undertaken or envisaged to reduce the number of cases of workplace accidents related to manual lifting of loads and the number of cases of occupational diseases caused by load lifting and to continue to provide information on the application of the Convention in practice.

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1. The Committee notes the Government’s latest comprehensive report, which contains information on the application of the Convention as well as information on certain aspects of the practical application of this Convention.

2. The Committee also notes the observations of the Lietuvos Darbo Frederacija (LDF) received in September 2004 regarding the application of the Convention in practice. The LDF points out that knowledge is not available concerning the practical application of the Convention in the country, which runs counter to the Law of international agreements of the Lithuanian Republic. With reference to the statistical data, supplied by the Government in its latest report with respect to target checks conducted in more that 80 per cent of undertakings where approximately 68,500 workers are engaged in manual handling of loads, focused on compliance with general regulations on the manual transport of loads, the Committee notes that on the basis of this information alone it is not possible to appreciate the application of the Convention in practice. The Committee requests the Government to provide with its next report additional information concerning the application in practice of this Convention including data related to accidents reported and compensation claims raised or paid to enable the Committee to better appreciate the application of this Convention in practice.

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The Committee takes note of the comments made by the Lietuvos Darbo Frederacija (LDF), which has been transmitted to the Government on 25 October 2004. The federation alleges the lack of practical application of the Convention in the country, which runs counter to the Law of international agreements of the Lithuanian Republic.

The Committee will come back to the comments of the Lietuvos Darbo Frederacija (LDF) at its next session, in the light of the information provided by the Government in response thereon.