Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided by the Government in its report and also the information provided in response to the Committee's previous comments.

1. Article 3 of the Convention. The Government states that the Committee's comments have been submitted to a special committee which is examining the general regulations of the Labour Code Bill. It also states that the social security directorate, through its medical department, proposes to fix the maximum load at 50 kg, whereas the Chilean Security Association, which is one of the employers' insurance companies providing social assistance in the event of industrial accidents or sickness, has proposed that this load is fixed at 55 kg. The occupational health department of the Ministry of Health, which the Government had consulted, considers that the legal provisions which are in force are insufficient to ensure the application of the measures provided for by this Article of the Convention. Consequently, the Ministry of Health will discuss this question when it examines the draft regulation drawn up by the Ministry of Health to amend Supreme Decree No. 745 of 1993 respecting the essential occupational health and safety conditions, which should enable the insertion of the provisions concerning the ergonomic risks to which workers are exposed.

The Committee trusts that these measures will shortly be adopted to clarify this situation in law and that the Government will provide full information in respect of the measures adopted in this regard.

2. In addition, the Committee notes that the report does not contain new information in response to the questions raised and recalls that its previous comments referred to the following points:

Article 6. The Committee had noted that section 8 of Circular No. 30 provides that mechanical devices shall be used for the transport of loads weighing over 55 kg. While this represents an improvement over the previous weight limit of 80 kg required for the use of such devices, the Committee points out that Article 6 of the Convention requires suitable technical devices to be used as much as possible, and not only for loads over the 55 kg weight limit. The Committee had requested the Government to indicate the measures taken or envisaged in order to give full effect to this provision of the Convention.

Article 7, paragraph 1. The Committee had noted that Circular No. 30 does not provide that the assignment of women and young workers to the manual transport of loads other than light loads shall be limited. The Committee had expressed the hope that the Government would take the necessary measures to ensure full compliance with this provision of the Convention.

Article 7, paragraph 2. The Committee had noted that section 4 of Circular No. 30 prescribes that the maximum weight of loads for women and young workers shall be substantially less than that permitted for men, without however specifying maximum limits. It had requested the Government to indicate whether weight limits have been prescribed or envisaged in this regard.

The Committee reiterates its hope that the Government will make every effort to adopt the necessary measures in the near future.