Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1(c) of the Convention

The Committee noted sections 112 of the Labour Act and 25 of the Act respecting young persons, which respectively prohibit the employment of young persons under 18 years of age in "work beyond their strength or such as to prevent or retard their normal physical development" and in "any work which is likely to be dangerous to their health, life or morality".

The above provisions, which were adopted prior to the ratification of Convention No. 127, establish general standards for the protection of persons under 18 years of age.

The Committee requested the Government to supply information concerning the expressions "work beyond their strength" and "dangerous to their health", that is to say, whether these expressions include the manual transport of loads. It also requests it to supply the texts of relevant legal provisions, if they exist.

Article 3

The Committee noted sections 122 of the Labour Act and 6 of the Basic Act on prevention, working conditions and the working environment, which respectively provide that "conditions of employment shall be such that they admit of the normal physical development of wage and salary earners", "under conditions which are suitable to the workers' physical and mental capabilities ...".

The Committee noted section 223(2) of the Regulations on health and safety at work (Decree No. 1564 of 31.12.1973) by virtue of which "in no circumstances may a worker carry on his shoulders packages or objects weighing over 50 kg ...".

The Committee noted that the above Regulations establish standards for industrial occupational health and safety.

The Committee requests the Government to supply information on the measures that have been taken to apply sections 122 of the Labour Act and 6 of the Basic Act in non-industrial sectors such as transport, commerce and agriculture, as regards the maximum weight that can be transported manually.

Article 4

The Committee noted that section 223(2) of the Regulations on health and safety establishes a maximum weight of 50 kg that may be carried on the shoulders. The Committee noted, nevertheless, that the above provision makes no reference to the conditions in which the work is performed (topography, climate, frequency, distance), nor does it establish a difference between lifting and transport.

The Committee requests the Government to indicate whether other texts of the national legislation refer to maximum weight taking into account the conditions in which the work is performed. If this is not the case, the Committee requests the Government to supply information on the measures that have been taken or are envisaged to ensure that, in accordance with the Convention, the conditions in which the work is to be performed are taken into account when establishing the maximum weight that may be transported manually.

Article 5

The Committee noted section 6, first paragraph, of the Basic Act on prevention, working conditions and the working environment, by virtue of which "no worker may be exposed to the effects of physical agents, ergonomic conditions, psychosocial hazards, chemical or biological agents or agents of any other type without having been warned, in writing and by any other method suitable, of the type of exposure, of the harm which they may cause to health, and without having been instructed in the principles of preventing such harm".

The Committee also noted that, by virtue of section 222 of the Regulations on health and safety, "persons who work manually with materials and tools, or by mechanical means ... shall be instructed by their employers in the methods and standards of industrial safety".

The Committee requests the Government to supply information on the practical application (copies of practical guides, instructions, written notices to workers employed in the manual transport of loads, etc.) of the above provisions as regards the manual transport of loads.

Article 6

The Committee noted sections 267, 275 and 279 of the Regulations on health and safety, to which the Government refers in its report.

The Committee noted that these provisions refer to the use of "transporters" ("transportadores"), although the use of such means does not appear to be intended to facilitate the transport of loads by workers.

The Committee noted section 276 of the Regulations on health and safety, which provides that "where wheelbarrows are used on slopes, if they have two wheels they shall be provided with effective brakes, ...".

The Committee noted that the provision which establishes a maximum weight of 50 kg specifies loads carried on shoulders, which would seem to indicate that the use of "wheelbarrows" permits the manual transport of a higher weight.

The Committee requests the Government to supply information on the means that are used to facilitate the transport of loads within the framework of the maximum weight of 50 kg established by national law.

The Committee also requests the Government to indicate whether the use of wheelbarrows involves the transport of weights over 50 kg.

Article 7, paragraph 1

Young persons

The Committee noted that by virtue of section 112 of the Labour Act it is prohibited to employ persons of less than 18 years of age in ... work beyond their strength or such as to prevent their normal physical development, and that by virtue of section 25 of the Act respecting young persons, "it is prohibited to employ young persons of less than 18 years of age in any work which is likely to be dangerous to their health, life or morality. The Ministry of Labour, on the basis of a report provided by the National Institute for Young Persons, shall determine which types of work are unhealthy or dangerous for the purposes of preserving the physical and moral health of young persons". The Committee also noted that the Regulations on health and safety (section 79) establish a list of industries and types of work that are dangerous or unhealthy, and prohibit the employment of young persons in such work (section 80). The list set out in section 79 does not include the manual transport of loads.

The Committee requests the Government to state whether, in accordance with section 25 of the Act respecting young persons, the types of work that are unhealthy or dangerous to the health of young persons have been determined and whether they include the manual transport of loads.

Women

The Committee noted that, by virtue of section 112(2) "women shall not be employed underground in mines or on the dangerous, unhealthy or heavy work specified by the Federal Executive."

As noted above, section 79 of the Regulations on health and safety at work does not include the manual transport of loads.

The Committee requests the Government to supply information on the provisions which place specific restrictions on the employment of women in the manual transport of loads.

Young workers

The Committee noted that there do not appear to be provisions in the national legislation respecting the maximum weight that may be transported by young workers.

The Committee requests the Government to supply information on the measures that have been taken or are envisaged to establish a maximum weight that may be transported manually by young workers, that is, considerably lower than the 50 kg provided for adult male workers.

Article 8

The Committee noted that the Basic Act on prevention of accidents, working conditions and the working environment of 1986 instituted a National Council on Prevention of Accidents and Health and Safety at Work responsible for drawing up a national policy in the fields of working conditions and the working environment ... and for seeing to the observance of all standards contained in the Act and in the regulations issued under it (section 8). Workers' organizations are represented on the above Council (section 9).

The Committee requests the Government to supply information on the consultations that have been held, after the ratification of the Convention and in accordance with sections 8 and 9 of the above Act, with a view to taking measures to give effect to the provisions of the Act.