Solicitud directa (CEACR) - Adopción: 2002, Publicación: 91ª reunión CIT (2003)

The Committee notes the Government’s last report, as well as the information supplied in response to its previous comments. It notes with interest the adoption of Legislative Decree No. 107 of 6 April 2001 concerning light work, which gives substantial effect to Article 7 of the Convention. The Committee nevertheless draws the Government’s attention to the following points.

1. Article 5 of the Convention, in conjunction with Part V of the report form. The Committee notes the Government’s indication contained in the Government’s last report that a campaign on occupational hazards in agriculture was held between April 1997 and April 1998. In the framework of this campaign, posters and brochures on the manual transport of loads have been issued, and a number of information and training activities have been carried out. Considering that such campaigns would constitute an important contribution to the implementation of the legislation, the Committee requests the Government to indicate whether such campaigns or similar activities have also been carried out in other branches of occupational activities. It invites the Government to continue to provide information on the manner in which the Convention is applied in practice.

2. Article 7. (a) Women. With regard to the maximum weight of loads that may be transported by women workers and regarding the indications contained in Paragraphs 15 and 16 of Recommendation No. 128 that women workers, as far as possible, should not be assigned to the regular manual transport of loads and that, where they are so engaged, the maximum weight of such loads should be substantially less than that permitted for adult male workers, the Committee notes the Government’s view that a total prohibition of the assignment of women workers to work involving the manual transport of loads would call into question the principle of equality for women in employment and ultimately contribute to limiting their employment opportunities. The Government further explains that the little difference in the maximum weight limits established by the national legislation for men and women is due to the fact that the maximum weight which may be transported by a male adult worker is already much lower than that advocated in Paragraph 14 of Recommendation No. 128.

(b) Young persons. As concerns the maximum weights that may be transported by young workers, the Committee notes section 2, paragraph 1, of Legislative Decree No. 107/2001, which lays down the principle that minors under the age of 16 may only carry out light work. According to section 2, paragraph 2, of this Decree, light work is defined as simple and well-determined work, which does not require physical or mental efforts likely to jeopardize the physical integrity and mental development of young workers. In addition, section 2, subsection 4, of Legislative Decree No. 107/2001, prohibits minors under the age of 16 from performing those activities and types of work that may be performed by minors over the age of 16 only under certain conditions. The activities and the types of work, which are subject to certain conditions, are listed in Annex II to the Legislative Decree No. 107/2001. Since the manual transport of load is indicated under paragraph II(a) of this Annex, the manual transport of loads is prohibited for minors under the age of 16.

With regard to young persons over the age of 16, the Committee notes that, pursuant to section 2, subsection 4, of Legislative Decree No. 107/2001, in conjunction with paragraph II(a) of Annex II, the maximum load that may be transported by a young worker of either sex aged 16 or 17 is 15 kg. Thus, the maximum weight limit established for young male workers corresponds to the limits for occasional and more frequent lifting of loads recommended in the ILO publication Maximum weights in load lifting and carrying, Occupational Safety and Health Series, No. 59, Geneva, 1988, but not the maximum weight limit established for women workers between 15 and 18 years of age. Due to the fact that Portuguese legislation does not establish a difference between either occasional regular transport or male and female young workers, the maximum weight established does not comply with the values recommended for women workers over the age of 16. In this context, the Government explains that the distinction between regular and occasional transport of loads has not been integrated into the national legislation, due to the fact that the manual transport of loads is considered, de lege ferenda, as work carried out by minors between 16 and 18 years of age is subject to certain conditions, and that the employer is therefore obliged to take appropriate measures to avoid any risk. The Government considers that these measures sufficiently ensure, beyond the safety and health of young persons, their physical balance and their mental development and thus meet the objectives set forth in Paragraph 24 of the Recommendation No. 128. As to the non-distinction between the sexes for the establishment of maximum weight limits, the Government indicates that the girls’ muscular and skeletal development normally occurs earlier than that of boys, which was decisive for fixing moderate maximum weight limits applicable to both sexes. In this respect, the Committee draws the Government’s attention to the information contained in the ILO’s Encyclopaedia of Occupational Health and Safety, 3rd revised edition, Geneva, 1983, where it is explained that, while women are less strong physically than men, and their capacity for sustained physical work is substantially lower, the attempt to carry excessive loads may suddenly raise their intra-abdominal pressure and cause disturbances of the blood circulation in the pelvic organs and lower limbs, menstrual disorders, etc. These disorders are more common if a woman has been carrying heavy loads from an early age.

In the light of this information, the Committee invites the Government to consider the establishment of different maximum weight limits for the manual transport of loads for female and male young workers between the ages of 16 and 18, to ensure the full application of Article 7 of the Convention.