Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

The Committee notes the Government’s report. It wishes to draw the Government’s attention to the following points.

1. Article 8 of the Convention. Legislative or other measures designed to give effect to the Convention. The Committee notes with interest the adoption of the new Labour Law No. 4857 of 22 May 2003, of which article 78 requires the Ministry of Labour and Social Security to prepare regulations and by-laws regarding occupational safety and health measures to be taken to prevent occupational accidents and illnesses which may originate from machines, installation, equipment and substances used, and to provide for working conditions of persons needing protection due to their age, sex and personal status. It further notes with interest the adoption of Regulation No. 25370 of 11 February 2004 on manual transport work, which was issued in application of article 78 of the new Labour Law in order to implement the EU Council Directive of 29 May 1990 on the same subject, as well as the adoption of the Regulation of 16 June 2004 on heavy and dangerous work, prepared following the respective ILO norms, which continue to give effect to most of the provisions of the Convention.

2. Article 7. Assignment of women to manual transport of loads. With respect to its previous comments, in which the Committee had drawn the Government’s attention to the ILO publication Maximum weights in load lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), containing indications on the current limits of admissible loads to be transported manually by a woman, the Committee notes article 9 of the Regulation on heavy and dangerous work, 2004, in conjunction with items 105-109 of the annex to this Regulation, according to which any kind of storage, loading and unloading made in warehouses, shops, docks, etc., are considered as heavy and dangerous work in which, by virtue of article 4 of this Regulation, women cannot be employed. The same provision, however, prohibits the employment of women in "works similar to transport", which includes the manual carrying, unloading and loading of more than 25 kg. The Committee therefore recalls again the indications contained in the above ILO publication, specifying 15 kg as the limit admissible for occasional lifting and carrying for women between the ages of 19 and 45 years. The Committee hence requests the Government to align the respective national legislation with the indications contained in the aforementioned ILO publication to ensure that the assignment of women to manual transport of loads other than light loads is limited, in conformity with Article 7 of the Convention.