National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Article 3. Maximum weight of loads to be transported manually by a worker. Article 7. Employment of women and young workers in the manual transport of loads. With reference to its previous comments, the Committee notes that, according to the report, the Government is drawing up a draft technical standard to impose controls on the lifting and handling of loads designed to establish, in accordance with national and international criteria, permissible weight limits for men, women and young persons. The Committee notes the Government’s indication that the observations and recommendations of the ILO will be incorporated in the technical standard. According to the Government, the preliminary draft proposes the principle that the employer shall be duty bound to undertake a prior assessment of jobs in order to ensure that loads are mainly handled by automated and mechanical means. The Committee refers to its previous comments on the application of these Articles, in which it called for amendments to section 223 of the Regulations on occupational safety and health conditions and indicated that the maximum recommended weight to be carried by women is 15 kilos. Noting the Government’s statement that it will supply information on any progress made in this area, the Committee requests the Government to supply detailed information, including a copy of the technical standard referred to above once it has been adopted.
Article 5. Training of workers employed in the manual transport of loads, with regard to the working methods to be used. The Committee notes that, according to the Government’s report, the National Occupational Safety and Health Institute is implementing training procedures for workers and, in particular, delegates involved in risk prevention. The Committee requests the Government to supply documentation which illustrates the training for workers employed in the manual transport of loads, for example handbooks or teaching material used.
Part V of the report form. Application in practice. The Committee notes the information supplied by the Government with regard to the application of the Convention in practice, including statistics, inspection activities, penalties and job reassignments. The Committee notes that, between 2007 and the first half of 2009, a total of 79 cases were reported in which limits were fixed for the tasks concerned or workers were reassigned to other jobs. It notes that 60 per cent of the cases occurred in the manufacturing industry. The Committee requests the Government to supply information on which sector in the manufacturing industry had the highest incidence of muscular and joint ailments in connection with manual transport of loads; to indicate the measures taken or envisaged to reduce the incidence of such ailments; and to continue to supply information on the application of the Convention in practice.
1. With reference to the observation, the Committee requests the Government to provide additional information on the following points.
2. Article 7 of the Convention. The assignment of women and young workers to manual transport of loads. (a) Young persons. In its previous comments the Committee asked the Government to provide information concerning the meaning of the terms “work beyond their strength” and “dangerous to their health”, and on the relevant legal provisions prohibiting the employment of young persons under 18 years of age. The Committee also noted that the list of industries and types of work that are dangerous or unhealthy, established in sections 79 and 80 of the Occupational Hygiene and Safety Regulations of 1973, does not include manual transport of loads. The Committee notes the Government’s statement that it had taken note of the issue raised by the Committee in respect of adopting laws that limit the work of young persons and indicate the types of work that include manual transport of loads. In consequence, the Committee once again trusts that the Government will take, in the near future, the necessary steps in this regard. It requests the Government to provide copies of the legislative texts once they have been adopted.
(b) Women workers. In relation to its previous comments, 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). The Committee trusts, once again, that the Government will review section 223 of the Occupational Hygiene and Safety Regulations, which prescribe a limit of 20 kg for loads transported manually by women, in the light of the recommendations contained in the abovementioned ILO publication. Those recommendations establish, from an ergonomic point of view, that 15 kg is the admissible weight limit for occasional lifting and carrying performed by 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) Young workers and male adults. With regard to the establishment of different maximum weight limits for young workers and male adults, the Committee notes the Government’s indication that, once regulations on this matter have been established, it will provide the Committee with a copy thereof. The Committee hopes, once again, that the Government will soon take appropriate measures to establish the permissible maximum weight limits for loads transported manually by young workers and that these limits will be much lower than for adults. The Committee requests the Government to provide a copy of the text of the relevant regulations once they have been adopted. To this end, the Committee requests the Government to refer to the ILO publication Maximum weights in load lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), which also indicates the maximum permissible weight limits for loads that may be transported manually by young workers in accordance with their age and sex.
3. Article 5. Training and instructions in working techniques to workers assigned to manual transport of loads. The Committee notes the Government’s statement that a manual provides workers with training, instruction and information in working techniques. The Committee requests the Government to provide a copy of this manual with its next report.
4. Part IV of the report form. Practical application of the Convention. The Committee notes that the statistical information does not correspond to the contraventions established under the laws and regulations applicable to manual transport of loads. The Committee hopes that the Government will be able to establish such statistical information, including information on the number of workers covered by the measures adopted to ensure the application of the Convention, the number and nature of contraventions reported, as well as extracts from labour inspection reports and requests the Government to provide information in this respect with its next report.
1. Article 8 of the Convention. Consultation with the most representative organizations of employers and workers concerned. The Committee notes the information contained in the Government’s report. It notes with interest the adoption of the Organic Act on Prevention, Working Conditions and the Working Environment (LOPCYMAT) of 26 July 2005. It also notes with interest the 2003 activity report of the National Occupational Prevention, Health and Safety Institute (INPSASEL) which deals, amongst other things, with the issue of tripartite participation in occupational health and safety activities (
2. Article 3. Maximum weight of loads to be transported manually by a worker. With reference to section 223(2) of the Occupational Hygiene and Safety Regulations of 1973, which provides that the maximum permissible weight to be transported by a worker shall be 50 kg, the Committee asked the Government, in its previous comments, to provide information on the application of these regulations in the non-industrial sector. The Committee notes the Government’s reference to the LOPCYMAT, which is applied to different economic sectors and the scope of which will be widened once new regulations are adopted. The Committee hopes such regulations will be adopted in the very near future and requests the Government to submit a copy of them with its next report.
3. Article 5. Training in working techniques for workers assigned to manual transport of loads. The Committee notes the Government’s reference to a manual that regulates the training, instruction and information provided to workers. The Committee requests the Government to submit a copy of this manual with its next report.
4. Part IV of the report form. Application of the Convention in practice. The Committee notes that the statistics do not reflect the current situation in respect of violations of laws or regulations on the manual transport of loads. The Committee hopes that the Government will soon be in a position to establish such statistics, and that they will contain information on the number of workers covered by the measures adopted in the application of the Convention, and the number and nature of violations reported. The Committee also requests the Government to provide extracts of inspection reports.
5. The Committee is raising certain other points in a request addressed directly to the Government.
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.
The Committee notes the information supplied by the Government in its latest report.
1. Article 7 of the Convention. (a) In previous direct requests, 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 mortality". It further noted that sections 79 and 80 of the Regulations on Health and Safety 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 expressions "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 from the Government's latest report that certain types of work, because they involve risks to health and safety, are not permitted to be performed by young persons below the age of 18 under article 189 of the Regulations on Occupational Health and Safety of 31 December 1973. The report mentions in particular the loading and unloading of ships, which cannot be performed by a young person of less than 18 years, regardless whether the work is manual or mechanical. It likewise notes with interest the Government's indication that this matter will be further amplified under the new regulations of the Labour Law, which is currently being elaborated. The Committee trusts that the Government will supply it with the text of the new regulations once adopted, and that it will indicate, in its next report, such other 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) Referring to its previous comments on the placing of specific restrictions on the employment of women in the manual transport of loads, the Committee notes from the Government's latest report that section 223 of the Regulations on Health and Safety provides that female workers are not allowed to carry loads exceeding 20 kg. The Committee would refer the Government to the ILO publication Maximum weights in load lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 15 kg is the limit, recommended from an ergonomic point of view, of the admissible load for the occasional lifting and carrying for a woman aged between 19 and 45 years. The Committee hopes that the Government, on the occasion of adopting new regulations on the subject, will re-examine the current limit of 20 kg with a view to further limiting the assignments of women workers to the manual transport of light loads, not exceeding as much as possible 15 kg, and that it will indicate the measures taken or envisaged to this end.
(c) The Committee likewise takes note of the Government's indication that its present legislation on the matter does not establish separate maximum weight restrictions for male young workers and adults, but that it has taken note of the situation and will prepare the corresponding regulations. The Committee accordingly hopes that appropriate measures will soon be taken so that the maximum weight of loads permitted to be carried by young workers will be substantially lower than for adults and that the Government will furnish the text of the relevant regulations once adopted.
2. Article 3. In its earlier direct request, the Committee asked 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 as regards the maximum weight that can be transported manually. The Committee takes note of the Government's explanation in its latest report that the Regulations on Occupational Health and Safety of 31 December 1973 must be construed to apply to all economic activities, in view of the absence of any reference to particular sectors. The Committee would appreciate it if the Government would supply in its next report information on the manner in which the Regulations on Occupational Health and Safety are applied to non-industrial sectors, including samples of appropriate inspection reports and statistics on inspections conducted to ensure that the maximum weight of loads established under the Regulations are observed in non-industrial sectors such as transport, commerce and agriculture.
3. Article 5. The Committee notes the information supplied by the Government in its latest report in reference to the Committee's previous comments under this Article of the Convention. The Committee hopes that it will continue to supply information on the practical application of section 222 of the Regulations on Occupational Health and Safety on training, instructions and notices given to workers employed in the manual transport of loads.
4. Article 6. The Committee notes the information supplied by the Government on the measures used to facilitate the transport of loads (i.e. use of motorized and electrical equipment, chains and pulleys, etc.). The Committee likewise notes that the utilization of wheelbarrows in respect of the transport of weight superior to 50 kg will be taken up in the elaboration of new regulations on the subject.
5. Article 8. The Committee notes the information supplied by the Government that the new members of the National Council on Prevention of Accidents and Health and Safety at Work have not yet been appointed. The Committee hopes that the Government will, as soon as the new members are designated, supply information on the consultations conducted in accordance with sections 8 and 9 of the Basic Act on Prevention of Accidents, Working Conditions and the Working Environment of 1986, as well as those conducted with a view to taking measures to give effect to the provisions of the Convention.
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.
The Committee notes the Government's first report.
The Committee notes 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 Committee requests 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.
The Committee notes 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 notes 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 notes that the above Regulations establish standards for industrial occupational health and safety.
The Committee notes 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 notes, 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 notes 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 notes 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 notes sections 267, 275 and 279 of the Regulations on health and safety, to which the Government refers in its report.
The Committee notes 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 notes 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 notes 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 notes 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 notes 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 notes 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."
The Committee notes 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 notes 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' organisations are represented on the above Council (section 9).