Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. 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 last report and the information supplied by the Government in reply to its previous comments. In response to the Committee’s preceding observation the Government indicates that no regulations have been issued under the Labour Code. The Committee again accordingly draws the Government’s attention to the following points on which it has focused for several years.

1. Article 3 of the Convention. The Committee notes from the list of legislation, contained in the Government’s report, that Presidential Decree No. 655 of 7 March 1941, issuing general regulations on occupational safety and health, is still in force. Section 57 fixes the maximum weight of a load that may be transported by a single male worker at 80 kg. In contrast, Circular No. 30 of 4 December 1985, issued by the Director of Labour and communicated to the Regional Directors of Labour and the Regional and Communal Labour Inspectors, which lays down instructions on the maximum weight that may be manually transported by workers, establishes a maximum weight of 55 kg for the manual transport of loads by a single worker. Noting the divergent maximum weight values of the above two texts, the Committee would consider that the Circular, contrary to the Presidential Decree, does not have a legal thus binding character. The Committee accordingly hopes that the maximum weight value suggested in the Circular is applied in practice in the country, for, as the Committee had already noted in 1988, it would give effect to Articles 3, 4 and 7, paragraph 2, of the Convention. The Committee however urges the Government to adopt regulations that will provide for clear limits for the different categories of workers concerning the maximum weights in load lifting and carrying. In this context, the Committee again notes the Government’s indication that, in view of the adoption of regulations to be issued under the Labour Code, the different actors involved in the drafting process support different maximum weight limits. The Superintendent of Social Security, through its medical department, proposed that the maximum weight limit for the transport of loads by a single worker should be set at 50 kg, whereas the Chilean Safety Association, being one of the mutual benefit societies of employers that administers social assistance in the field of employment injury, proposed to establish a maximum weight limit of 55 kg. The Occupational Health Department of the Ministry of Health, which the Government had consulted, considered that the provisions of sections 187 and 202 of the Labour Code of 1994 were insufficient to ensure the application of measures provided for by the Convention. The Minister concluded that the regulations concerning the basic health and environment conditions in workplaces have to be amended to enable the incorporation of provisions concerning the ergonomic risks to which workers are exposed. In this respect, the Committee notes that the National Ergonomic Commission, in its 202nd session of 29 November 2000, has approved and published in the Official Gazette of 15 December 2000, the classification of 1,371 occupational activities of which 1,249 have been determined as heavy and 122 have been qualified as not being heavy. Among the 1,249 activities that have been qualified as heavy, a number of them involve the lifting and carrying of loads. The Government indicates that the loads to be transported during that work have a weight of 61 kg and above. In view of these facts, the Committee expresses its firm hope that, while the maximum weight limits proposed of both the Chilean Safety Association and the Superintendent of Social Security would comply with the maximum weight recommended in paragraph 14 of the Maximum Weight Recommendation, 1967 (No. 128), the Government will soon adopt regulations to lower considerably the existing maximum weight limits applied in the country, in order to fully apply this provision of the Convention.

2. Moreover, the Committee recalls that it has raised a certain number of points concerning other provisions of the Convention. The Government however has not provided any information in this regard. Recalling these questions, the Committee expresses its firm hope that the Government will take the necessary action in the very near future, and that the next report of the Government will indicate the progress achieved in this respect.

Article 6. The Committee has noted section 8 of Circular No. 30 of 4 December 1985 providing for the use of mechanical devices for the transportation of loads in excess of 55 kg. The Committee again recalls that, while this represents an improvement over the previous weight limit of 80 kg required for the use of such mechanical devices, Article 6 of the Convention calls for the universal use of suitable technical devices whenever possible and irrespective of the weight of the loads to be transported. The Committee hopes that the Government, in the framework of its indicated legal action, will take the necessary measures to give full effect to this Article of the Convention.

Article 7, paragraph 1. The Committee has noted that Circular No. 30 does not contain a provision to limit the assignment of women and young workers to the manual transportation of loads other than light loads. The Committee accordingly reiterates its hope that the Government will take the necessary measures to this end in the framework of its above-indicated legislative action.

Article 7, paragraph 2.  The Committee has noted that section 4 of the above Circular No. 30 prescribes in general terms that the maximum weight of loads for women and young workers shall be substantially less than that permitted for men, without specifying maximum weight limits. The Committee trusts that the Government will take the necessary measures to fix appropriate maximum weight limits for women and young workers, in order to fully apply this Article of the Convention.

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