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Maximum Weight Convention, 1967 (No. 127) - Chile (Ratification: 1972)

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Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the application of Conventions Nos 13 (white lead), 115 (radiation), 127 (maximum weight), 136 (benzene), 161 (occupational health services), 162 (asbestos) and 187 (promotional framework for occupational safety and health) in a single comment.

Application in practice of Conventions Nos 13, 115, 127, 136, 161, 162 and 187. The Committee requests the Government to provide information on the application in practice of the ratified Conventions on occupational safety and health, including the number, nature and cause of the occupational accidents and diseases notified, as well as information on the inspection activities carried out, including the number of investigations and inspections conducted and the number of violations detected and penalties imposed.

A.General provisions

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Article 4(1) and (2) of the Convention. National occupational safety and health system. In relation to its previous comments, the Committee notes with regret that the regulations to determine activities and work that may be included in the definition of non-teaching curricular hours still have not been adopted and the Government has not provided information on the tripartite consultations undertaken in this respect. The Committee also notes the Government’s indication in its report that, on 5 August 2021, a Consultative Council on occupational safety and health was established with representatives of employers’ and workers’ organizations. While recalling the importance of periodically reviewing the components of the national system, in consultation with the most representative organizations of employers and workers, the Committee once again requests the Government toprovide a copy of the regulations determining the activities and work that may be included in the definition of non-teaching curricular hours, as soon as it is adopted following full tripartite consultations in the Consultative Council on occupational safety and health. The Committee also requests the Government to provide information on the tripartite consultations undertaken in this respect.

Article 2(3). Measures that could be taken to ratify relevant ILO Conventions on occupational safety and health.While noting the information provided by the Government on the process initiated with a view to ratifying the Safety and Health in Mines Convention, 1995 (No. 176), the Committee requests the Government to continue to provide information on the consideration given to the ratification of the relevant Conventions on occupational safety and health, including Convention No. 176. It also requests the Government to provide information on the consultations held in this regard, including in the context of the Consultative Council on occupational safety and health.

Article 3. Formulation of a national policy in consultation with the most representative organizations of employers and workers. The Committee notes that the Government does not provide information on the consideration given to the specific problems of teachers within the framework of the national policy. It also notes that, according to Decree No. 47 of 2016 establishing the national occupational safety and health policy, the commitments for its implementation include the promotion of a participatory and tripartite analysis of the different issues concerning occupational safety and health, with a view to bringing the existing regulatory framework into line with the principles, objectives and commitments of the national policy (section VI(A)(2)). The Committee therefore once again requests the Government to provide information on the consideration given to the specific problems of teachers within the framework of the national policy, in consultation with the most representative organizations of employers and workers.

Article 5. National programme. The Committee notes that Special Decree No. 31 of 2018 approved the national occupational safety and health programme for the period 2018-20 (section 1). According to the information available, the objectives of the national programme for the period 2018-20 included the development and promotion of a national culture of prevention on occupational safety and health, incorporating the prevention of occupational risks and the promotion of health in education, training and skills. The Committee also notes the adoption of the national plan on occupational safety and health for 2019, the objectives of which included the consolidation of the preventive advice model in workplaces and the strengthening of training processes as a key tool for promoting occupational safety and health. The Committee requests the Government to provide information on any assessment carried out regarding the national plan for the period 2018-2020 and the plan for 2019 in consultation with themost representative organizations of employers and workers, and on the manner in which this assessment contributes to the development of the national programme for the subsequent period. In this regard, the Committee requests the Government to provide information on the measures adopted to ensure the formulation, implementation, monitoring, evaluation and periodic review of the new national programme for the subsequent period in consultation with the mostrepresentative organizations of employers and workers. The Committee also once again requests the Government to provide information on the consideration given to the specific features of teaching work in the framework of the national programme. It also requests the Government to provide information on the measures adopted to ensure that the national programme is widely publicized and, to the extent possible, endorsed and launched by the highest national authorities, in compliance with Article 5(3) of the Convention.

B.Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 1, 3 and 6 of the Convention. Appropriate steps to ensure effective protection of workers against ionizing radiations, in the light of current knowledge. Review of the maximum permissible doses of ionizing radiations. In reply to its previous comments, the Committee notes the Government’s indication in its report that the Chilean Nuclear Energy Commission, by means of technical protection standards, establishes the limits for occupational exposure to ionizing radiation that are in line with the exposure limits recommended by international bodies. In this regard, the Committee notes with interest the dose limits established in the Safety Standard on basic criteria for radiation protection NS-02.0 of 2018 (points 1.2.1 and 1.2.3) and the Safety Standard on safety requirements for gammagraphy and industrial radiography facilities NS-05.0 of 2021 (point 1.3.2, 5) and 7)): (i) in relation to the dose limits for the occupational exposure of exposed workers: (a) an effective dose of 20 mSv per year averaged over five consecutive years and 50 mSv in any one year; (b) an equivalent dose for the lens of the eye of 20 mSv per year averaged over five consecutive years and 50 mSv in any one year; and (c) an equivalent dose for the hands and feet or skin of 500 mSv per year; and (ii) in relation to higher education students and staff trainees whose training involves exposure to radiation: (a) an effective dose of 6 mSv per year; (b) an equivalent dose for the lens of the eye of 20 mSv per year; and (c) an equivalent dose to the hands and feet or skin of 150 mSv per year.

Furthermore, with regard to protection measures against ionizing radiation, the Committee notes the Government’s indication that, in 2007, the Chilean Institute of Public Health established a personal radiological monitoring programme that detects doses exceeding the limits established in the Safety Standards, which are communicated for investigation to the employer, the worker and the competent authority, with the aim of identifying the cause and taking health measures. The Government adds that, in 2010, a quality assurance programme for personal dosimetry services was established to monitor and maintain the quality of risk assessments of exposure doses received by workers. The Government also indicates that, since 2018, the national registration of doses carried out by authorized personal dosimetry services has allowed for effective epidemiological evaluations to be conducted to support the development of measures and regulations on radiological protection. Lastly, the Committee notes the Government’s indication that the dose limits for workers exposed to ionizing radiation established in Decree No. 3 of 1985 are currently being updated in accordance with the recommendations of international bodies. The Committee requests the Government to continue to provide information on the updating of Decree No. 3 of 1985, and to provide a copy of the new Decree once it has been adopted. It also requests the Government to provide information on the consultations held in this respect, including the most representative organizations of employers and workers consulted and the outcome of the consultations.

Article 2. Application of the Convention to all activities involving exposure of workers to ionizing radiations in the course of their work. 1. Emergency workers. Further to its previous comments, the Committee notes the information provided by the Government, according to which the revision of Decree No. 3 of 1985 that is currently underway incorporates the ionizing radiation limits for workers who intervene in emergency situations. Referring to paragraphs 36 and 37 of its General Observation of 2015 on Convention No. 115, the Committee requests the Government to provide information on the measures adopted to define the circumstances that constitute an emergency situation, and to ensure that the reference levels selected are within, or if possible, below the20–100 mSv band, and that no emergency worker is subject to an exposure in an emergency in excess of 50 mSv.

2. Overexposure of workers to ionizing radiationduring the maintenance of radioactive facilities. The Committee notes the Government’s reference to section 17 of Decree No. 3 of 1985, which establishes that, in situations in which it is necessary to overexpose a person to radioactive contamination, such as during the maintenance of radioactive facilities, express authorization must be granted by the Director of the Health Service, who shall set the limits of the doses that may be received in such situations. The Committee recalls that, in accordance with Article 2 of the Convention, the Convention applies to all activities involving exposure of workers to ionizing radiation in the course of their work. Referring to paragraphs 32, 33 and 34 of its General Observation of 2015 on Convention No. 115, the Committee requests the Government to provide information on the measures adopted, in the context of the revision and updating of Decree No. 3 of 1985, to ensure that workers carrying out maintenance work on radioactive facilities are within the dose limits recommended for occupational exposure. Furthermore, the Committee requests the Government to provide information on the measures adopted to ensure that the overexposure of workers to ionizing radiation only occurs in emergency situations.

Article 6.Maximum permissible doses of ionizing radiation for pregnant or breastfeeding workers. With regard to the protection of pregnant or breastfeeding workers, the Committee notes that the Safety Standard on basic criteria for radiation protection NS-02.0 and the Safety Standard on safety requirements for gammagraphy and industrial radiography facilities NS-05.0 do not stipulate the ionizing radiation limit for pregnant or breastfeeding workers. It also notes that section 14 of Decree No. 3 of 1985 approving the regulations on radiological protection in radioactive facilities, provides for a level of protection of 0.5 rem equivalent to 5 mSv. The Committee recalls that, in its General Observation on Convention No. 115, it considers that the methods of protection at work for women who are pregnant should provide a level of protection for the embryo/foetus broadly similar to that provided for members of the public, which is equivalent to an annual effective dose limit of 1 mSv. Furthermore, in order to ensure the same level of protection for breastfed infants, the same principle should be applied to breastfeeding workers (paragraph 33). While noting the information provided by the Government on the process to revise and update Decree No. 3 of 1985, the Committee requests the Government to provide information on the measures adopted to ensure a level of protection for pregnant or breastfeeding workers equivalent to 1 mSv.

Article 8. Maximum permissible doses of ionizing radiations for workers who are not directly engaged in radiation work. Further to its previous comments, the Committee notes that the Government refers to the radiation exposure limits for the public established in point 1.2.2 of the Safety Standard on the basic criteria for radiation protection, and in point 1.3.2.6 of the Safety Standard on safety requirements for gammagraphy and industrial radiography facilities. The Committee observes that the above-mentioned Safety Standards do not provide for the application of the limits applicable to the public to workers who are not directly engaged in radiation work. Referring to paragraph 35 of its General Observation on Convention No. 115, the Committee requests the Government to indicate whether the dose limits established for the public apply to workers who are not directly engaged in radiation work and, if not, to specify the limits established for this category of workers.

Benzene Convention, 1971 (No. 136)

Article 6(2) of the Convention. Establishment of limits for occupational exposure to benzene. With regard to its previous comments, the Committee notes that Supreme Decree No. 594 of 1999, approving the basic sanitary and environmental conditions for workplaces, has been amended twice since 2016 through Decree No. 30 of 2018 and Decree No. 10 of 2019.

The Committee notes with regret that, despite the amendments, particularly under Decree No. 30 of 2018, which amended, inter alia, section 66 of Supreme Decree No. 594 of 1999 on the permissible limits for chemical substances, the current occupational exposure limits for benzene (1 ppm (time-weighted) and 5 ppm (short-term) are still considerably higher than the limits recommended by the American Conference of Governmental Industrial Hygienists (ACGIH) (0.5 ppm (time-weighted) and 2.5 ppm (short-term)). While noting the Government’s indication that the lowering of occupational exposure limits for benzene is being examined, the Committee requests the Government to provide information on the measures taken in this respect.

Article 7. Processes involving the use of benzene to be carried out in an enclosed system. In relation to its previous comments, the Committee notes the information provided by the Government on the repeal of Supreme Decree No. 90 of 1996 approving the safety regulations for the storage, refining, transport and sale to the public of petroleum-derived liquid fuels and the continuing applicability of Supreme Decree No. 160 of 2008 approving the safety regulations for facilities and operations for production and refining, transport, storage, distribution and supply of liquid fuels. The Committee notes that Supreme Decree No. 160 of 2008 establishes the provision of enclosed safety systems for the control of spills from tanks containing liquid fuels (sections 66 and 78), as well as for drainage (section 170) and the delivery of liquid fuels to supply units (section 259(f)). The Committee also notes that, according to section 69 of Supreme Decree No. 160 of 2008, as an alternative means to the enclosed safety systems, systems for conducting liquid fuel spills to remote locations may be used, in accordance with the requirements established in the above-mentioned section 69. The Committee takes note of this information.

Article 14. Application of the Convention. The Committee notes the information contained in the 2018 descriptive study provided by the Government entitled “The exposure of fuel station workers to volatile organic compounds, such as benzene, toluene and xylene”, conducted by the Chilean Institute of Public Health, which reports a decrease in benzene exposure of fuel station workers due to the installation of vapour recovery systems and the automation of dispensing machines. The Committee also notes that the Government’s indication that, as of June 2022, some 158 workers were under surveillance for exposure to benzene, which is 130 more than in 2016. The Committee requests the Government to continue to provide information in relation to the monitoring of workers exposed to benzene.

Asbestos Convention, 1986 (No. 162)

Article 14 of the Convention. Requirement of labelling. Further to its earlier comments, the Committee notes the Government’s reference in its report to Chilean Standard No. 2245 of 2003, which establishes the required content of safety data sheets for chemical substances. In this regard, the Committee notes that under Chilean Standard No. 2245 of 2003, the supplier shall provide a safety data sheet giving details of the chemical substance and the supplier (point 5(b)); identification and categorization of risks (point 7(3)); and a general description of the chemical substance, allowing it to be easily identified in the event of an emergency (point 7(4)). This information must be drafted clearly and concisely in Spanish (point 5(5)). The Committee also notes the provisions of Chilean Standard No. 2190 of 2003 on badges for risk identification in transport of hazardous substances. It particularly notes the requirement that labels, marks and placards must include information on the risks of the hazardous substances listed in points 5, 6, 7 and 8 of the abovementioned Chilean Standard. The Committee takes note of this information, which addresses its previous request.

Article 17(3). Consultation of workers or their representatives on the workplan. In reply to its previous comments, the Committee notes the Government’s indication that, according to paragraph 12.3 of the “Guide for the formulation of a workplan for material containing asbestos (MCA)” workers undertaking work with materials containing asbestos must obligatorily receive training before the beginning of the work in the following areas: health risks and preventive measures; work procedures; personal protective equipment; environmental monitoring and workers’ health programme; handling and elimination of residues, and others.

The Committee notes that the Guide and Instructions on how to request authorization to undertake work with materials containing asbestos (MCA) do not include provisions relative to consultations with the workers and their representatives regarding the workplan. The Committee once again requests the Government to provide information on the measures adopted to ensure that consultations are held with the workers or their representatives on the workplan, in conformity with Article 17(3) of the Convention.

Article 18(3). Prohibition of taking home work clothing and special protective clothing. Further to its earlier comments, the Committee notes the Government’s reference to section 27 of Supreme Decree No. 594 of 1999, which establishes that the employer shall wash the work clothes and adopt measures to prevent workers from taking work clothes out of the workplace. The Committee takes note of this information, which addresses its previous request.

Article 20(1). Measurement and monitoring by the employer. In response to its earlier comments, the Committee notes the information provided by the Government on the methods of measuring the concentration of airborne suspensions of asbestos dust in workplaces and of monitoring workers’ exposure to asbestos. In particular, it notes: (i) the Protocol for determining the airborne concentration of asbestos fibres, in work environments, which is based on the phase-contrast microscopy (PCM) method, approved by Special Resolution No. 29 of 2013; (ii) the Protocol for the sampling of material that contains or may contain asbestos in the workplace, approved by Special Resolution No. 2357 of 2021; and (iii) the Handbook for the elaboration of a workplan for friable and non-friable material containing asbestos. The Committee notes that the Handbook stipulates that the workplan must include a sampling programme for workers and the environment (paragraph 4.2.8), workers must have proof that they are following a health monitoring programme for exposure to asbestos, as well as the result of their latest health check-up, in accordance with a Ministry of Health protocol (paragraph 4.2.13). The Committee requests the Government to indicate at what intervals measurement and monitoring is conducted, in conformity with Article 20(1) of the Convention.

Article 20(2). Period for which records must be kept. Regarding its earlier comments, the Committee notes the Government’s indication that the results of the measurements and monitoring of the work environment and the exposure of workers must be kept by the mutual societies in original format, and may be microfilmed or digitalized, as provided under section 2 of Decree No. 2412 of 1978, establishing rules on recovery and updating of individual accounts and registers. The Government also indicates that, within the framework of the National Occupational Safety and Health Information System, administrative bodies and enterprises with delegated administration must submit information on monitoring programmes. The system is at the phase of technological development. The Committee requests the Government to continue providing information on the manner in which it ensures that records of monitoring of the working environment and of the exposure of workers to asbestos are kept, and also on progress achieved in submitting information on monitoring programmes by administrative bodies and enterprises with delegated administration within the framework of the National Occupational Safety and Health Monitoring System. It also requests the Government to indicate the period during which records of monitoring must be kept, in conformity with Article 20(2) of the Convention.

Article 20(3). Access to the records by the workers, their representatives, and the inspection services. In response to its previous comments, the Committee indicates that, according to section 24 of Decree No. 54 of 1969, approving the Regulations for the constitution and operation of the joint health and safety committees, the committees may request the environmental monitoring reports from the employer. The Government also indicates that, in accordance with the provisions of Chapter IV of the Compendium of Social Security Rules for Employment Accidents and Work-related Diseases, administrative bodies and enterprises with delegated administration shall inform the workers of the results of health monitoring examinations, adopting safeguards for the protection of sensitive data, in compliance with the legislation in force. The Committee takes note of this information, which addresses its previous request.

Article 20(4).Right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring. Further to its previous comments, the Committee notes the Government’s indication that, by virtue of section 24 of Decree No. 54 of 1969, the joint safety and health committees may, if they deem it necessary, request the employer to conduct environmental evaluations. These committees may also receive and consider suggestions from the workers on situations they observe in workplaces.

The Committee notes the Government’s indication that workers and their representative organizations may seek recourse to the competent authorities, in case of disagreement in respect of the quality of the prevention activities undertaken by the administrative bodies, including evaluations conducted by the latter in the context of monitoring programmes, and may report failure to respect risk-prevention procedures by the employer to the competent authorities. The Committee requests the Government to provide information on the application in practice of Article 20(4) of the Convention with regard to monitoring of the working environment requested by the workers of their representatives.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report. It notes with satisfaction the adoption of Act No. 20001 of 28 January 2005 on the maximum human load weight and Supreme Decree No. 63, July 2005, of the Ministry of Labour and Social Welfare, regulating the application of the Act. It notes that these texts give full effect to Article 3 (maximum weight to be transported manually by a worker), Article 6 (suitable technical devices to facilitate the transport of loads), Article 7 (assignment of women and young workers under 18 years of age) of the Convention, and also take into account the provisions of the Maximum Weight Recommendation, 1967 (No. 128).

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government’s last report and the information supplied by the Government in reply to its previous comments. In response to the Committee’s preceding observation the Government indicates that no regulations have been issued under the Labour Code. The Committee again accordingly draws the Government’s attention to the following points on which it has focused for several years.

1. Article 3 of the Convention. The Committee notes from the list of legislation, contained in the Government’s report, that Presidential Decree No. 655 of 7 March 1941, issuing general regulations on occupational safety and health, is still in force. Section 57 fixes the maximum weight of a load that may be transported by a single male worker at 80 kg. In contrast, Circular No. 30 of 4 December 1985, issued by the Director of Labour and communicated to the Regional Directors of Labour and the Regional and Communal Labour Inspectors, which lays down instructions on the maximum weight that may be manually transported by workers, establishes a maximum weight of 55 kg for the manual transport of loads by a single worker. Noting the divergent maximum weight values of the above two texts, the Committee would consider that the Circular, contrary to the Presidential Decree, does not have a legal thus binding character. The Committee accordingly hopes that the maximum weight value suggested in the Circular is applied in practice in the country, for, as the Committee had already noted in 1988, it would give effect to Articles 3, 4 and 7, paragraph 2, of the Convention. The Committee however urges the Government to adopt regulations that will provide for clear limits for the different categories of workers concerning the maximum weights in load lifting and carrying. In this context, the Committee again notes the Government’s indication that, in view of the adoption of regulations to be issued under the Labour Code, the different actors involved in the drafting process support different maximum weight limits. The Superintendent of Social Security, through its medical department, proposed that the maximum weight limit for the transport of loads by a single worker should be set at 50 kg, whereas the Chilean Safety Association, being one of the mutual benefit societies of employers that administers social assistance in the field of employment injury, proposed to establish a maximum weight limit of 55 kg. The Occupational Health Department of the Ministry of Health, which the Government had consulted, considered that the provisions of sections 187 and 202 of the Labour Code of 1994 were insufficient to ensure the application of measures provided for by the Convention. The Minister concluded that the regulations concerning the basic health and environment conditions in workplaces have to be amended to enable the incorporation of provisions concerning the ergonomic risks to which workers are exposed. In this respect, the Committee notes that the National Ergonomic Commission, in its 202nd session of 29 November 2000, has approved and published in the Official Gazette of 15 December 2000, the classification of 1,371 occupational activities of which 1,249 have been determined as heavy and 122 have been qualified as not being heavy. Among the 1,249 activities that have been qualified as heavy, a number of them involve the lifting and carrying of loads. The Government indicates that the loads to be transported during that work have a weight of 61 kg and above. In view of these facts, the Committee expresses its firm hope that, while the maximum weight limits proposed of both the Chilean Safety Association and the Superintendent of Social Security would comply with the maximum weight recommended in paragraph 14 of the Maximum Weight Recommendation, 1967 (No. 128), the Government will soon adopt regulations to lower considerably the existing maximum weight limits applied in the country, in order to fully apply this provision of the Convention.

2. Moreover, the Committee recalls that it has raised a certain number of points concerning other provisions of the Convention. The Government however has not provided any information in this regard. Recalling these questions, the Committee expresses its firm hope that the Government will take the necessary action in the very near future, and that the next report of the Government will indicate the progress achieved in this respect.

Article 6. The Committee has noted section 8 of Circular No. 30 of 4 December 1985 providing for the use of mechanical devices for the transportation of loads in excess of 55 kg. The Committee again recalls that, while this represents an improvement over the previous weight limit of 80 kg required for the use of such mechanical devices, Article 6 of the Convention calls for the universal use of suitable technical devices whenever possible and irrespective of the weight of the loads to be transported. The Committee hopes that the Government, in the framework of its indicated legal action, will take the necessary measures to give full effect to this Article of the Convention.

Article 7, paragraph 1. The Committee has noted that Circular No. 30 does not contain a provision to limit the assignment of women and young workers to the manual transportation of loads other than light loads. The Committee accordingly reiterates its hope that the Government will take the necessary measures to this end in the framework of its above-indicated legislative action.

Article 7, paragraph 2. The Committee has noted that section 4 of the above Circular No. 30 prescribes in general terms that the maximum weight of loads for women and young workers shall be substantially less than that permitted for men, without specifying maximum weight limits. The Committee trusts that the Government will take the necessary measures to fix appropriate maximum weight limits for women and young workers, in order to fully apply this Article of the Convention.

2. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

1. Article 3 of the Convention. The Committee notes from the list of legislation, contained in the Government’s report, that Presidential Decree No. 655 of 7 March 1941, issuing general regulations on occupational safety and health, is still in force. Section 57 fixes the maximum weight of a load that may be transported by a single male worker at 80 kg. In contrast, Circular No. 30 of 4 December 1985, issued by the Director of Labour and communicated to the Regional Directors of Labour and the Regional and Communal Labour Inspectors, which lays down instructions on the maximum weight that may be manually transported by workers, establishes a maximum weight of 55 kg for the manual transport of loads by a single worker. Noting the divergent maximum weight values of the above two texts, the Committee would consider that the Circular, contrary to the Presidential Decree, does not have a legal thus binding character. The Committee accordingly hopes that the maximum weight value suggested in the Circular is applied in practice in the country, for, as the Committee had already noted in 1988, it would give effect to Articles 3, 4 and 7, paragraph 2, of the Convention. The Committee however urges the Government to adopt regulations that will provide for clear limits for the different categories of workers concerning the maximum weights in load lifting and carrying. In this context, the Committee again notes the Government’s indication that, in view of the adoption of regulations to be issued under the Labour Code, the different actors involved in the drafting process support different maximum weight limits. The Superintendent of Social Security, through its medical department, proposed that the maximum weight limit for the transport of loads by a single worker should be set at 50 kg, whereas the Chilean Safety Association, being one of the mutual benefit societies of employers that administers social assistance in the field of employment injury, proposed to establish a maximum weight limit of 55 kg. The Occupational Health Department of the Ministry of Health, which the Government had consulted, considered that the provisions of sections 187 and 202 of the Labour Code of 1994 were insufficient to ensure the application of measures provided for by the Convention. The Minister concluded that the regulations concerning the basic health and environment conditions in workplaces have to be amended to enable the incorporation of provisions concerning the ergonomic risks to which workers are exposed. In this respect, the Committee notes that the National Ergonomic Commission, in its 202nd session of 29 November 2000, has approved and published in the Official Gazette of 15 December 2000, the classification of 1,371 occupational activities of which 1,249 have been determined as heavy and 122 have been qualified as not being heavy. Among the 1,249 activities that have been qualified as heavy, a number of them involve the lifting and carrying of loads. The Government indicates that the loads to be transported during that work have a weight of 61 kg and above. In view of these facts, the Committee expresses its firm hope that, while the maximum weight limits proposed of both the Chilean Safety Association and the Superintendent of Social Security would comply with the maximum weight recommended in paragraph 14 of the Maximum Weight Recommendation, 1967 (No. 128), the Government will soon adopt regulations to lower considerably the existing maximum weight limits applied in the country, in order to fully apply this provision of the Convention.

Article 6. The Committee has noted section 8 of Circular No. 30 of 4 December 1985 providing for the use of mechanical devices for the transportation of loads in excess of 55 kg. The Committee again recalls that, while this represents an improvement over the previous weight limit of 80 kg required for the use of such mechanical devices, Article 6 of the Convention calls for the universal use of suitable technical devices whenever possible and irrespective of the weight of the loads to be transported. The Committee hopes that the Government, in the framework of its indicated legal action, will take the necessary measures to give full effect to this Article of the Convention.

Article 7, paragraph 1. The Committee has noted that Circular No. 30 does not contain a provision to limit the assignment of women and young workers to the manual transportation of loads other than light loads. The Committee accordingly reiterates its hope that the Government will take the necessary measures to this end in the framework of its above-indicated legislative action.

Article 7, paragraph 2. The Committee has noted that section 4 of the above Circular No. 30 prescribes in general terms that the maximum weight of loads for women and young workers shall be substantially less than that permitted for men, without specifying maximum weight limits. The Committee trusts that the Government will take the necessary measures to fix appropriate maximum weight limits for women and young workers, in order to fully apply this Article of the Convention.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which reads as follows:

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 hopes that the Government will make every effort to take the necessary action in the very near future.

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.

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.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It must therefore repeat its its previous observation, which read as follows:

Article 3 of the Convention. In its previous comments, the Committee noted that Circular No. 30 of 4 December 1985, from the Director of Labour to the regional directors of labour and the provincial and communal labour inspectors, lays down instructions on the maximum weight that may be transported manually by workers. This Circular gives effect to Articles 3, 4 and 7, paragraph 2, of the Convention by reducing the maximum weight of a load permitted to be transported manually to 55 kg, which is the weight recommended in Recommendation No. 128, and by specifying that the maximum weight that women and young workers are authorized to transport shall be substantially less than that permitted for men. The Committee requested the Government to indicate: -- whether sections 57 and 252 of Presidential Decree No. 655 of 7 March 1941, issuing general regulations on occupational safety and health, which fix a maximum weight of 80 to 86 kg, have been repealed and, if so, by virtue of which provisions; and -- whether the Circular has been published and distributed to employers, workers, the courts and all other persons concerned. Article 6. The Committee noted that section 8 of Circular No. 30 prescribes that mechanical devices shall be used for the transport of loads weighing over 55 kg. While this represents an improvement over the formal weight limit of 80 kg for the use of such devices to be required, 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 requested the Government to indicate the measures taken or envisaged in order to apply fully this provision of the Convention. Article 7, paragraph 1. The Committee noted that section 4 of 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 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 also 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 specifying maximum limits. It requested the Government to indicate whether weight limits have been prescribed or are envisaged in this regard. The Committee noted the Government's statement that its observations have been transmitted to a special commission which is examining the draft general regulations to be issued under the Labour Code. It notes the information supplied by the Government in its latest report to the effect that these draft regulations have not yet been adopted. Through its medical department, the social security administration has proposed that the maximum weight should be set at 50 kg, while the Chilean Safety Association, which is one of the mutual benefit societies of employers that administers social assistance in the field of employment injury, has proposed 55 kg. The Government considers that it would be appropriate to consult the Ministry of Health in this respect. The Committee notes the Government does not provide other explanations concerning the provisions which are currently applicable. The Committee trusts that measures will be taken in the very near future to clarify the situation in law and that the Government will provide full information on the measures which have been adopted in relation to the points raised in its previous comments, to which the Committee refers above in relation to the application of Articles 3, 6 and 7, paragraphs 1 and 2, of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information supplied by the Government in its report.

Article 3 of the Convention. In its previous comments, the Committee noted that Circular No. 30 of 4 December 1985, from the Director of Labour to the regional directors of labour and the provincial and communal labour inspectors, lays down instructions on the maximum weight that may be transported manually by workers. This Circular gives effect to Articles 3, 4 and 7, paragraph 2, of the Convention by reducing the maximum weight of a load permitted to be transported manually to 55 kg, which is the weight recommended in Recommendation No. 128, and by specifying that the maximum weight that women and young workers are authorized to transport shall be substantially less than that permitted for men.

The Committee requested the Government to indicate:

- whether sections 57 and 252 of Presidential Decree No. 655 of 7 March 1941, issuing general regulations on occupational safety and health, which fix a maximum weight of 80 to 86 kg, have been repealed and, if so, by virtue of which provisions; and

- whether the Circular has been published and distributed to employers, workers, the courts and all other persons concerned.

Article 6. The Committee noted that section 8 of Circular No. 30 prescribes that mechanical devices shall be used for the transport of loads weighing over 55 kg. While this represents an improvement over the formal weight limit of 80 kg for the use of such devices to be required, 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 requested the Government to indicate the measures taken or envisaged in order to apply fully this provision of the Convention.

Article 7, paragraph 1. The Committee noted that section 4 of 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 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 also 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 specifying maximum limits. It requested the Government to indicate whether weight limits have been prescribed or are envisaged in this regard.

The Committee noted the Government's statement that its observations have been transmitted to a special commission which is examining the draft general regulations to be issued under the Labour Code. It notes the information supplied by the Government in its latest report to the effect that these draft regulations have not yet been adopted. Through its medical department, the social security administration has proposed that the maximum weight should be set at 50 kg, while the Chilean Safety Association, which is one of the mutual benefit societies of employers that administers social assistance in the field of employment injury, has proposed 55 kg. The Government considers that it would be appropriate to consult the Ministry of Health in this respect.

The Committee notes the Government does not provide other explanations concerning the provisions which are currently applicable.

The Committee trusts that measures will be taken in the very near future to clarify the situation in law and that the Government will provide full information on the measures which have been adopted in relation to the points raised in its previous comments, to which the Committee refers above in relation to the application of Articles 3, 6 and 7, paragraphs 1 and 2, of the Convention.

[The Government is asked to report in detail in 1997.]

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observations on the following matters:

The Committee has taken note of the information provided by the Government to the effect that a copy of its observations has been transmitted to the special committee that is studying the draft General Regulations of the Labour Code. Article 3 of the Convention. The Committee noted that Circular No. 30 of 4 December 1985, from the Director of Labour to the Regional Directors of Labour and the Provincial and Communal Labour Inspectors, lays down instructions on the maximum weight that may be manually transported by workers. This Circular gives effect to Articles 3, 4 and 7, paragraph 2, of the Convention by reducing the maximum weight of a load permitted to be manually transported to 55 kg, which is the weight recommended in Recommendation No. 128, and by specifying that the maximum weight of loads for women and young workers shall be substantially less than that permitted for adult male workers. The Committee asked the Government to indicate: -- whether sections 57 and 252 of Presidential Decree No. 655 of 7 March 1941 laying down the general regulations on occupational safety and health, which fix a maximum weight of 80 to 86 kg have been repealed and, if so, by virtue of which provisions; and -- whether the Circular has been published and distributed to employers, workers, courts and all other persons concerned. Article 6. The Committee noted that section 8 of Circular No. 30 prescribes that mechanical devices shall be used for the transport of loads weighing over 55 kg. While this represents an improvement over the former weight limit of 80 kg for the use of such devices to be required, the Committee points out that Article 6 of the Convention requires suitable technical devices to be used as much as possible, not only for loads over the 55 kg weight limit. Please indicate the measures taken or envisaged in order to apply fully this provision of the Convention. Article 7, paragraph 1. The Committee noted that Circular No. 30 does not provide that the assignment of women and young workers to manual transport of loads other than light loads shall be limited. The Committee again expresses the hope that the Government will take the necessary measures to ensure full compliance with this provision of the Convention. Article 7, paragraph 2. The Committee 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 adult male workers, without specifying maximum limits. Please indicate whether weight limits have been prescribed or are envisaged in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

The Committee has taken note of the information provided by the Government to the effect that a copy of its observations has been transmitted to the special committee that is studying the draft General Regulations of the Labour Code. Article 3 of the Convention. The Committee noted that Circular No. 30 of 4 December 1985, from the Director of Labour to the Regional Directors of Labour and the Provincial and Communal Labour Inspectors, lays down instructions on the maximum weight that may be manually transported by workers. This Circular gives effect to Articles 3, 4 and 7, paragraph 2, of the Convention by reducing the maximum weight of a load permitted to be manually transported to 55 kg, which is the weight recommended in Recommendation No. 128, and by specifying that the maximum weight of loads for women and young workers shall be substantially less than that permitted for adult male workers. The Committee noted the above Circular with interest and asked the Government to indicate: - whether sections 57 and 252 of Presidential Decree No. 655 of 7 March 1941 laying down the general regulations on occupational safety and health, which fix a maximum weight of 80 to 86 kg have been repealed and, if so, by virtue of which provisions; and - whether the Circular has been published and distributed to employers, workers, courts and all other persons concerned. Article 6. The Committee noted that section 8 of Circular No. 30 prescribes that mechanical devices shall be used for the transport of loads weighing over 55 kg. While this represents an improvement over the former weight limit of 80 kg for the use of such devices to be required, the Committee points out that Article 6 of the Convention requires suitable technical devices to be used as much as possible, not only for loads over the 55 kg weight limit. Please indicate the measures taken or envisaged in order to apply fully this provision of the Convention. Article 7, paragraph 1. The Committee noted that Circular No. 30 does not provide that the assignment of women and young workers to manual transport of loads other than light loads shall be limited. The Committee again expresses the hope that the Government will take the necessary measures to ensure full compliance with this provision of the Convention. Article 7, paragraph 2. The Committee 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 adult male workers, without specifying maximum limits. Please indicate whether weight limits have been prescribed or are envisaged in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee takes note of the information provided by the Government to the effect that a copy of its observations has been transmitted to the special committee that is studying the draft General Regulations of the Labour Code.

The Committee notes that the Government's report contains no information on the questions raised in its previous observation. It asks the Government in its next report to supply information on the following matters.

Article 3 of the Convention. The Committee noted that Circular No. 30 of 4 December 1985, from the Director of Labour to the Regional Directors of Labour and the Provincial and Communal Labour Inspectors, lays down instructions on the maximum weight that may be manually transported by workers. This Circular gives effect to Articles 3, 4 and 7, paragraph 2, of the Convention by reducing the maximum weight of a load permitted to be manually transported to 55 kg, which is the weight recommended in Recommendation No. 128, and by specifying that the maximum weight of loads for women and young workers shall be substantially less than that permitted for adult male workers.

The Committee noted the above Circular with interest and asked the Government to indicate:

- whether sections 57 and 252 of Presidential Decree No. 665 of 7 March 1941 laying down the general regulations on occupational safety and health, which fix a maximum weight of 80 to 86 kg have been repealed and, if so, by virtue of which provisions; and

- whether the Circular has been published and distributed to employers, workers, courts and all other persons concerned.

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

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

Article 7, paragraph 2. The Committee notes 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 adult male workers, without specifying maximum limits. Please indicate whether weight limits have been prescribed or are envisaged in this regard.