Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

Articles 3 and 4 of the Convention. The Committee notes with interest section 37 of the Labour Protection Act, 1998, prohibiting an employer from requiring an employee to lift, tote, carry with both hands, carry suspended from the ends of a pole across the shoulder, carry on the head, drag or push a heavy object in excess of the weights prescribed in Ministerial Regulations. As concerns the Ministerial Regulations to be issued in application of section 37 of the Labour Protection Act, 1998, the Committee notes that the Department of Labour Protection and Welfare is cooperating with the Research Institution of Chulalongkorn University with a view to conduct research on national maximum weight for various types of work according to the different nature of work, physiological characteristics and climatic conditions. The results of this research would serve as an important indicator regarding the determination of national maximum weight to be transported manually by an adult male worker. In this respect, the Committee draws the Government's attention to the ILO publication "Maximum weights in load 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 an ergonomic point of view, of the admissible load for occasional lifting and carrying for a male worker between 19 and 45 years of age. The Committee hopes that the Ministerial Regulations in application of section 37of the Labour Protection Act will be issued in the near future and will take due consideration of the information contained in the above mentioned ILO publication on differentiated weight limits for lifting and carrying loads occasionally or more frequently, as well as the results of the research integrating the conditions in which the work is to be performed, in conformity with Article 4 of the Convention. It also requests the Government to supply a copy as soon as the Ministerial Regulations have been adopted.

Article 5. The Committee notes with interest the Notification of 31 March 1997 issued by the Ministry of Labour and Social Welfare prescribing, according to the Government's indications, the employer's obligation to arrange appropriate training at operational level as prescribed by the Director-General of the Department of Labour Protection and Welfare for those employees who are appointed employees' representative by the employer, in accordance with the Notification of 27 June 1995, issued by the Ministry of Labour and Social Welfare on the Occupational Safety, Health and Environmental Conditions Committee. The training courses must cover the subjects on the techniques and the safety of manual transport of loads, as determined by the training rules established by the Director-General of the Department of Labour Protection and Welfare. Following this training, the employees are appointed safety officers at the basic level of the workplace and should advise employees to comply with rules, regulations, orders, suggestions and measures relating to occupational safety. The Committee further notes the Government's indications to the effect that the above mentioned Notifications also provide for similar training courses for employees at the supervisory level. The Committee takes due note of the information provided by the Government. However, in order to be in a position to examine the extent by which these Notifications apply the provision of Article 5 of the Convention, the Committee requests the Government to supply copies of the Notifications to which reference has been made.

Article 7. The Committee notes section 39 of the Labour Protection Act, 1998, prohibiting for pregnant women to perform work of lifting, toting, carrying with both hands, carrying suspended from the ends of a pole across the shoulder, carrying on the head, dragging or pushing a heavy object in excess of 15 kg. With regard to women in general, the Committee notes, that the legislation remains unchanged. In its previous comments, the Committee had noted that the laws currently in force provide that the maximum loads to 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 Notification of 16 April 1972 issued by the Ministry of Interior concerning labour protection).

As regards young workers, the Committee notes with interest section 44 of the Labour Protection Act, according to which the minimum age for employment is fifteen years of age. It further notes the provision of section 45, subsection 3 of the same Act providing for the employer's obligation to prepare a record of conditions of employment, at the disposal of the inspection service, in the event that a young person under the age of 18 is employed, and that the conditions of employment have been changed from the original conditions. The Committee finally notes clause 3 of the Notification of 18 January 1990, issued by the Ministry of Interior on the Description of Work and Working Place for Young Persons, specifying the kinds of work in which an employer may already engage young persons from 13 to 15 years of age. Subsection 5 of clause 3 permits the employment of young persons from 13 to 15 years of age in lifting, carrying or pulling loads of not more than 10 kg.

In this regard, the Committee observes a contradiction between the provisions found in section 44 of the Labour Protection Act, 1998, and clause 3, subsection 5 of the Ministerial Notification of 18 January 1990 as concerns the minimum age for admission to employment. According to section 44 of the Labour Protection Act, 1998, the minimum age for employment of young persons in general is 15 years. In contrast, clause 3, subsection 5 of the Ministerial Notification 1990 authorizes the assignment of young persons aged between 13 and 15 years to manual transport of loads not exceeding 10 kg. The Committee, noting that the Government, in its report, refers to both provisions, requests the Government to indicate whether the Ministerial Notification of 1990 is still in effect. If that is the case, the Committee recalls that Article 7 of the Convention provides for the limitation of the assignment of women and young workers to manual transport of loads. As regards young persons, Paragraphs 21 and 22 of Recommendation No. 128 stipulate that "Where the minimum age for assignment to manual transport of loads is less than 16 years, measures should be taken as speedily as possible to raise it to that level", and that "The minimum age for assignment to regular transport of loads should be raised, with a view to attaining the 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 also refers to the ILO publication "Maximum weights in load lifting and carrying" (Occupational Safety and Health Series, No. 59, Geneva, 1988), indicating 15 kg as the limit, recommended from an ergonomic point of view, admissible for occasional lifting and carrying for a woman aged between 19 and 45 years. The Committee hopes that the Government will re-examine the current limits of admissible loads to be transported manually by a woman in the light of the information contained in the above mentioned ILO publication to ensure that the assignment of women to manual transport of loads other than light loads is limited. As the legal minimum age for assignment to manual transport of loads is only 13 years, the Committee requests the Government to indicate the measures taken or contemplated to raise the minimum age and to ensure that the assignment of young persons to manual transport of other than light loads is limited.