Observation (CEACR) - adoptée 1997, publiée 86ème session CIT (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issuing general regulations on occupational safety and health, which fix a maximum weight of 80 to 86 kg, have been repealed and, if so, by virtue of which provisions; and -- whether the Circular has been published and distributed to employers, workers, the courts and all other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.