Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes the information provided by the Government in its first report. It requests the Government to provide further information on the following points.

1.  Article 1(a) and (b) of the Convention.  Please indicate how the terms "manual transport of loads" and "regular manual transport of loads" are defined in national law and practice.

2.  Article 2, paragraph 2.  Please specify the branches of economic activity to which the provisions of the Convention apply.

3.  Article 3.  The Committee notes that sections 12 and 13 of the Labour Protection Act set forth the principle that no worker shall be obliged to perform work liable to jeopardize her or his health. However, the Government indicates that the national legislation that is in force does not contain provisions limiting the permitted weight of a load which may be lifted and transported by an adult male worker. The Committee therefore requests the Government to indicate the measures which have been taken or are envisaged respecting the limitation of the weight which may be manually transported by a single adult male worker with a view to ensuring that the manual transport by a worker of a load which, by reason of its weight, is likely to jeopardize his health or safety, is neither required not permitted.

4.  Article 4.  The Committee notes that section 148 of the Labour Code lays down the general requirement for enterprises, institutions and organizations to ensure conditions of work for all employees which are safe and without danger. The Committee notes that this provision does not respond to the specific requirements of this Article of the Convention. It therefore requests the Government to indicate the manner in which the conditions under which work must be performed are assessed for the application of the principle, as set out in Article 3 of the Convention, that the manual transport by a worker of a load which, by reason of its weight, is likely to jeopardize his health or safety, shall be neither required nor permitted.

5.  Article 5.  The Committee notes that section 10 of the Labour Protection Act prohibits in general the admission to work of persons who have not received adequate vocational training or instruction. Furthermore, in accordance with sections 18 and 22, the management of enterprises is required to establish a system for instruction in the field of labour protection for all workers, as well as a system for the improvement of their knowledge which ensures that workers receive instruction, including the testing of their knowledge on labour protection standards and rules. Moreover, the Committee notes that section 153 of the Labour Code requires the administration to put into practice training for employees on safety and health techniques for production, protection against fires and other labour protection rules, as well as permanent supervision of compliance by employees with labour protection instructions. Section 154 of the Labour Code also requires employees to comply with labour protection instructions which set out rules for the performance of work and standards of conduct in productive establishments and construction sites. In this respect, the Government indicates that Order No. 890 of 5 December 1994 issues regulations on the organization of labour protection instructions. The Committee nevertheless recalls that Article 5 of the Convention requires adequate training in working techniques prior to the assignment of any worker to the manual transport of loads other than light loads with a view to safeguarding health and preventing accidents. It therefore requests the Government to indicate: (a) the manner in which the administration in practice provides instruction to employees on safety and health techniques; and (b) the manner in which the workers concerned are informed of the working techniques to be used before being assigned to the manual transport of loads other than light loads.

6.  Article 8.  The Committee notes section 15 of the Labour Protection Act and clause 12 of the collective labour agreement for 1998, concluded between the Government, the employers and the trade unions, which provide for the participation of the social partners in the preparation of draft standards and in amending and supplementing the legislation that is in force. It therefore requests the Government to indicate the consultations which have been held with the employers’ and workers’ organizations concerned with a view to taking the necessary steps to give effect to the provisions of the Convention.

7.  Finally, the Committee requests the Government to provide a copy of Government Order No. 624 of 6 October 1993 approving the classification of industries, occupations and work under arduous and harmful conditions for women and the standards for the maximum permitted weights that women may be called upon to lift and transport manually; Government Order No. 780 of 13 July 1998 establishing the State Labour Protection Inspectorate, approved by Government Order No. 1199 of 9 December 1998; Government Order No. 890 of 5 December 1994 issuing regulations on the organization of labour protection instructions; Order No. 562 of 7 September 1993 approving the classification of industries, occupations and work under arduous and harmful conditions for persons under the age of 18 years; and a copy of the STAS regulations (State Standard) 12 009-76.