Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes the Government’s report.

1.  The Committee notes the Government’s indication to the effect that the General Directorate of Hygiene and Health at Work, which comes under the aegis of the Ministry of Labour, is currently conducting a study with a view to preparing regulations taking into consideration, on the one hand, all the conditions specific to the manual transport of loads with a view to fixing the maximum weight of loads that can be lifted and transported manually by one worker and, on the other hand, the Committee’s comments, which will result in the harmonization of legislation with the provisions of the Convention. The Committee expresses strongly the hope that these regulations will be adopted in the near future and will include provisions ensuring effective protection of workers against hazards involved in the manual transport of loads, in accordance with the following provisions of the Convention, the application of which has been the subject of its comments for 20 years: the establishment of a maximum weight for any load - not only bags and crates as provided in section 182 of the Labour Code - whose weight is likely to jeopardize the health or safety of the worker (Article 3 of the Convention); the due consideration of all the conditions in which the manual transport of loads is to be performed, namely the nature of the work, physiological characteristics, climatic conditions, and the difference between the lifting and the transport of loads (Article 4). Noting once again that national legislation does not always contain provisions specifically on the manual transport of loads by women and young workers aged under 18 years, the Committee recalls that Article 7 of the Convention specifies that where women and young workers are engaged in such work, the maximum weight of the loads shall be substantially less than that permitted for adult male workers. In addition, in regard to young workers, the Committee observes once again that section 123 of the Labour Code prohibits employment of young persons under 14 years old in industrial enterprises. In this context, the Committee recalls that under Article 1(c) of the Convention the term "young worker" means a worker under 18 years of age. It indicates also that in accordance with Article 2 of the Convention the limits on the employment of minors and the maximum weight fixed shall be applied to all branches of economic activity (agriculture, commerce, transport) for which there is a labour inspection system.

2.  Part V of the report form.  Further to its previous comments, the Committee requests the Government to supply information on the practical application of the provisions of the Convention. This information should include summaries of inspection service reports (in particular concerning decisions taken by the labour inspectors fixing the maximum weight of loads that may be transported for distances equal to or greater than 150 varas (about 180 metres), by virtue of section 182(3) of the Labour Code, statistics on the number and nature of contraventions noted, on the measures taken in this regard, as well as information on the technical devices used (section 183(1) of the Labour Code).