Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. The Committee notes, from the Government's report, that the new legislation that is being prepared by the National Labour Advisory Council to give effect to the Convention is still under examination. In this respect, the Committee wishes to draw the Government's attention to the following questions, which were the subject of its previous comments.

Articles 3 and 4 of the Convention. The Committee noted that the national legislation does not contain provisions to give effect to Articles 3 and 4 of the Convention, which prohibit the manual transport by an adult male worker of a load which, by reason of its weight, is likely to jeopardise his health or safety, and provide that the conditions in which the work is to be performed shall be taken into account.

The Committee draw the Government's attention to the importance of establishing a maximum weight for loads which may be transported by adult male workers, and of taking into account the conditions in which the work is to be performed, such as the topography, climate, frequency, distance and the lifting of the load.

Article 7. The Committee notes that the laws that are currently in force provide that the maximum weight of loads that may be transported by women is 30 kg for work performed on level ground and 25 kg for work requiring the climbing of a ladder or on any elevated surface (section 14 of the Announcement of the Ministry of the Interior respecting labour protection, dated 16 April 1972). As regards young workers, the Committee notes that the laws that are currently in force authorise the manual transport of loads not exceeding 10 kg by children aged between 12 and 15 years (Announcement of the Ministry of the Interior of 16 April 1972 respecting the employment of children who are over 12 years of age but still under 15 years).

In this respect, the Committee points out that Article 7 of the Convention provides for the limitation of the assignment of women and young workers to manual transport of loads and that, under the terms of Articles 21 and 22 of Recommendation No. 128, "where the minimum age for assignment to manual transport of loads is less than 16 years, measures should be taken as speedily as possible to raise it to that level", "with a view to attaining a minimum age of 18 years". Where women and young workers are engaged in the manual transport of loads, the maximum weight of such loads shall be substantially less than that permitted for adult male workers (Article 7 of the Convention).

The Committee hopes that the new legislation will give effect to the Convention and requests the Government to base itself on Recommendation No. 128 and the ILO publication "Maximum Weights in Load Lifting and Carrying" (Occupational Safety and Health Series, No. 59, Geneva, 1988). The Committee requests the Government to supply information on the progress made with the draft legislation.

2. The Committee notes the information supplied by the Government on the application of Article 5 of the Convention.