Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report in response to its comments. It further notes the adoption of the regulations concerning the Labour Law, Decree No. 3.235 of 20 January 1999. With reference to its previous comments, the Committee would draw the Government’s attention to the following points.

1. Article 3 of the Convention. In its earlier comments, the Committee noted section 122 of the Labour Act and section 6 of the Basic Act on prevention, working conditions and the working environment, 1986, providing, respectively, for conditions of employment which are suitable to the worker’s physical and mental capabilities. The Committee further noted that section 223, subsection 2 of the Regulations on Occupational Health and Safety, 1973, prescribes 50 kg as the permissible maximum weight the worker may transport on his shoulders. Since the above Regulations apply to the industrial sector, the Committee requested the Government to supply information on the application of the Regulations on Occupational Health and Safety in the non-industrial sector. The Committee notes the Government’s indication that pursuant to section 7 of the Basic Act on prevention, working conditions and the working environment, 1986, the provisions of this Act apply as well to the non-industrial sector such as commerce and agriculture. With regard to the Regulations on Occupational Health and Safety, 1973, the Committee observes that pursuant to section 1, the Regulations have been adopted to address the safety and health conditions in the industrial sector, which appears to exclude other sectors of economic activities from its scope of application, such as, for example, the sector of transport or agriculture. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that the permissible maximum weight limit of 50 kg established under section 223, subsection 2, of the above Regulations will be applied as well in the non-industrial sector such as transport, commerce and agriculture.

In addition, the Government refers to the statistics supplied with its report showing the violation of legislation and regulations in the field of occupational safety and health for different types of work reported by the labour inspectorate for the months of January to September 1998. The Committee observes that the statistics do not contain indications on violations of laws or regulations regarding the manual transport of loads. The Committee therefore requests the Government to specify whether violations of laws or regulations regarding the manual transport of loads have not been reported by the labour inspectorate, or whether the compliance with legislation concerning the manual transport of weights was not the subject of the labour inspections carried out.

2.  Article 7. (a) Young persons. With regard to its previous comments, where the Committee noted section 112 of the Labour Act and section 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 mortality". In this respect, it noted that sections 79 and 80 of the Regulations on Occupational Health and Safety, 1973, establish a list of industries and types of work that are dangerous or unhealthy, and prohibit the employment of young persons in such work. It requested the Government to supply information concerning the meaning of the terms "work beyond their strength" and "dangerous to their health", as well as texts of relevant legal provisions, and whether such expressions include the manual transport of loads. The Committee notes the Government’s indication that the meaning of the terms "work beyond their strength" and "dangerous to their health" is derived from the information indicating the "causes of risk", contained in the tables annexed to section 79 of the Regulations on Occupational Health and Safety. The types of risk inherent in each kind of work determines why the work is considered dangerous and unhealthy. The Government adds that the Minister of Labour has the possibility to supplement, through resolutions, other categories of work to these tables. The Committee observes that the tables to section 79 of the Regulations on Occupational Health and Safety, at present, do not refer to the manual transport of loads. It appears therefore to the Committee that the manual transport of loads is not considered as dangerous or unhealthy work under the provisions of the Regulations on Occupational Health and Safety and thus, does not prohibit the employment of young persons under the age of 18 years therein.

With regard to restrictions in employment of young persons, the Government refers again to section 189 of the Regulations on Occupational Health and Safety, 1973, prohibiting the performance of certain types of work by young persons below the age of 18 years, because they involve risks to health and safety. Among the work prohibited to young person of less than 18 years, is the loading and unloading of ships, regardless whether the work is manual or mechanical. In this respect, the Committee notes the Government’s indication that the new regulations to implement the Labour Act, Decree No. 3.235 of 20 January 1999, contrary to the Government’s intention to amplify therein the employment restrictions of young persons under the age of 18 years, do not contain provisions related to those of the Regulations on Occupational Health and Safety, 1973. The Government further indicates that the issue of restrictions of employment of minors is still to be addressed, and that it will be dealt with in the near future. The Committee hopes that the Government will soon adopt laws or regulations concerning the restriction of employment of minors, indicating types of work that involve the manual transport of loads which young persons are prohibited from performing because they have been determined as "work beyond their strength" and "dangerous to health".

(b) Women. Further to its previous comments concerning restrictions of the employment of women in the manual transport of loads, the Committee notes the Government’s indication that it has taken note of the ILO publication, Maximum weights in load lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), and that it will inform the Committee once the issue has been regulated. The Committee hopes that the Government will review section 223 of the Regulations on Occupational Health and Safety prescribing a limit of 20 kg for the manual transport of women, in the light of the recommendations contained in the above ILO publication, according to which 15 kg is the limit, recommended from an ergonomic point of view, of the admissible load for the occasional lifting and carrying for a women aged between 15 and 45 years. The Committee requests the Government to communicate a copy of the respective legislative texts as soon as they are adopted.

(c) With regard to the establishment of separate maximum weight limits for male young workers and male adult workers, the Committee noted in its previous comments the Government’s indication that, while its present legislation on the matter does not establish separate maximum weight restrictions for male young workers and adults, the current legal situation has been noted, and the Government would prepare the corresponding regulations. The Committee notes the Government’s indication that, since the new regulations to implement the Labour Act do not focus on the matter, the measures required in this respect will be taken in due time. The Committee accordingly reiterates its hope that the Government will soon take the appropriate measures to establish permissible maximum weight limits to be transported manually by young workers, and that the maximum weight limits will be substantially lower than for adults. To this effect, the Committee invites the Government to refer to the ILO publication, Maximum weights in load lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), indicating also the permissible maximum weight limits to be transported manually by young workers according to their age and sex. The Committee requests the Government to supply a copy of the text of the relevant regulations once it has been adopted.

3. Article 5. With regard to the practical application of section 222 of the Regulations on Occupational Health and Safety requiring the employer to instruct his workers in methods and standards of industrial safety, the Government refers to the Manual on Standards and Procedures concerning Occupational Health and Safety, which was issued by the enterprise Movilnet specialized in portable telephones and, as such, part of the National Company of Telephones in Venezuela (CANTV). The Committee notes that Part NYP-006 addresses the transport of loads through mechanical devices such as cranes and provides recommendations on the safe use of the mechanical devices and machines used for the transport. However, guidelines on the manual transport of loads are not included in the above Manual. The Committee accordingly requests the Government to supply information on the practical application of section 222 of the Regulations on Occupational Health and Safety with regard to training, instructions and notices which are provided to workers assigned to the manual transports of loads.

4. Article 8. The Committee requests the Government to provide information on the consultations conducted pursuant to sections 8 and 9 of the Basic Act on prevention of accidents, working conditions and the working Environment of 1986, within the National Council on Prevention of Accidents and Health and Safety at Work, which is the body responsible for controlling that the standards contained in the Basic Act on prevention of accidents, working conditions and the working environment, 1986, as well as the standards contained in other regulations issued under this Act, are observed.