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Article 3 of the Convention. Manual transport of a load likely to jeopardize the health and safety of the worker. The Committee notes the information provided by the Government indicating that the regulation on manual handling work (2004) does not indicate a maximum limit for the manual transport of loads, and that the employer, having taken into account the work, the worker and the provisions of the Regulation, will determine the weight to be carried by the worker. The Committee, recalling that Article 3 states that no worker shall be required, or permitted, to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardize the health or safety of that worker, asks the Government to indicate measures taken or envisaged to specify the maximum weight limits that need to be considered by the employer when evaluating the risk to the health or safety of workers when engaging in the manual transport of a load.
Article 7(2). Maximum weight of loads shall be substantially less than that permitted for adult male workers. The Committee notes the information provided by the Government which indicates that Annex 1, line 105 of the regulation on heavy and dangerous work (2004) prohibits the employment of women and young workers in the transport, unloading and loading of loads weighing more than 25 kilograms. The Committee asks the Government to indicate whether the maximum weight of loads to be carried by women and young workers are substantially less than that permitted for adult male workers.
Part V of the report form. Application in practice. The Committee notes the comments received by the Confederation of Turkish Trade Unions in which reference is made to the need to bring the application of the Articles of the Convention into line with ILO maximum limits, while also taking into account ILO publications on the subject, in particular with regard to the provisions of Article 7. The Committee requests the Government to provide information on the application of the Convention in practice, with particular reference to the provisions of Article 7 and the required assessment to be undertaken by employers under the regulation on manual handling works and the regulation on heavy and dangerous work.
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 following matter raised in its previous direct request.
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.
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.
In its previous comments, the Committee had noted with satisfaction the modification of clause 90 of the table in the appendix to the Regulations on Arduous and Dangerous Work, 1973, which was introduced by the Regulations of 12 May 1991. Henceforth, the maximum permissible weight of loads which may be transported manually by one adult worker on the basis of a medical certificate is 50 kg.
The Committee notes the observation transmitted by the Confederation of Turkish Trade Unions which shares the views of the Committee regarding the application of the Convention, found in its report presented to the 87th Session of the International Labour Conference.
The Committee further notes the explanations given by the Turkish Confederation of Employer Associations concerning the abovementioned modification of clause 90. With respect to these explanations the Committee observes that clause 90 of the table in the appendix to the Regulations on Arduous and Dangerous Work, 1973, limits the maximum load, which may be transported manually by women and young persons under the age of 19, to 25 kg. The Committee therefore would draw the Government's attention to the ILO publication Maximum weights in load lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988) indicating 15 kg as the limit admissible for occasional lifting and carrying for women between the age of 19 and 45 years. The Committee hopes that the Government will re-examine the current limits of admissible loads to be transported manually by a woman in the light of the information contained in the abovementioned 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.
In its previous comments the Committee had requested the Government to take the measures necessary in order to establish the maximum permissible weight of loads that may be transported manually by one adult male worker. The Committee notes that the Confederation of Turkish Trade Unions, in comments which were attached to the Government's report, had stated that it shared the views of the Committee in this respect.
The Committee notes with satisfaction that the Regulation of 12 May 1991 modified the point 90 of the table in the Appendix to the Regulation regarding strenuous and dangerous work, establishing the maximum permissible weight of loads which may be transported manually by one adult male worker. The medical certificate is henceforth required for the transport of loads that weigh more than 25 kg but not more than 50 kg.
The Committee notes the information supplied by the Government in reply to its earlier comments, as well as an observation of the Turkish Confederation of Employers' Associations dated 5 September 1989 on the application of the Convention, transmitted with the Government's report.
Article 3 of the Convention. In earlier comments, the Committee had noted the absence of provisions preventing male adult workers from engaging in the manual transport of loads which by their weight are likely to jeopardise their health or safety. Referring to point 91 of the table in the Appendix to Regulations No. 7/6174 of 29 March 1973 regarding strenuous and dangerous work, which lists "transport, emptying or loading of weights in excess of 50 kg, using a wheelbarrow or the like" among the strenuous or dangerous jobs, the Committee observed that this point in its present wording does not in fact concern manual transport of loads, as defined by the Convention, but transport of loads by means of mechanical devices and that, moreover, the Regulations do not prohibit in any way the assignment of adult male workers to the strenuous and dangerous work defined in the Appendix. Since, however, the Government had stated that this provision implied, although not expressly, that the maximum weight that may be transported by an adult male worker without the aid of mechanical devices was limited to 50 kg, the Committee asked the Government to take the necessary measures to make this explicit in law.
The Committee notes with interest the Government's indication in its latest report that, with a view to fixing the maximum weight that may be transported by an adult male worker without the aid of mechanical devices, the Ministry of Labour and Social Security has started consulting its competent institutions. The Committee hopes that the necessary measures to give effect to the Convention both in law and in practice will thus soon be adopted and that the Government will indicate the action taken.