Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. The Committee notes the information contained in the Government’s report and the attached legislation. It also notes the observations submitted by the National Congress of Thai Labour (NCTL) with respect to the efficiency of labour inspections.

2. Article 3 and 4 of the Convention. Maximum weight. The Committee notes with interest the adoption of the Ministerial Regulation prescribing the maximum weight to be carried by an employee, dated 23 April B.E. 2547 (2004), and which entered into force on 7 December 2004. It notes the Government’s statement that this Convention and Recommendation No. 128, as well as the ILO publication Maximum weights in load lifting and carrying (Occupational Safety and Health Series No. 59, Geneva, 1988) has been taken into consideration when adopting this Ministerial Regulation. The Committee notes that section 1(1) regulates the maximum weight to be lifted, carried on head or shoulders, pulled or pushed, of 50 kg for male workers, which is in accordance with the Convention. It notes that the maximum weight is 25 kg for young male employees between the age of 15 and 18 years old. However, noting the Government’s statement in its report that the maximum weight for male workers is 55 kg, while the Ministerial Regulation of 2004 states 50 kg, the Committee requests the Government to provide clarification on the maximum weight for male workers with its next report.

3. Article 7. Female and young workers. The Committee notes that under section 1(1) of the Ministerial Regulation of B.E. 2547 (2004), the maximum weight to be lifted, carried on head or shoulders, pulled or pushed is 20 kg for young female employees between the ages of 15 and 18 years old and 25 kg for female workers. It feels obliged to reiterate its previous reference to the ILO publication Maximum weights in load lifting and carrying which provides for 15 kg as the limit, recommended from an ergonomic point of view, admissible for occasional lifting and carrying for women aged between 19 and 45 years old. The Committee hopes that the Government will re-examine the current limits of admissible loads to be transported manually by women and to provide information with its next report on measures taken in this respect.

4. With respect to the Committee’s previously expressed concern regarding the minimum age for admission to employment, it notes the Government’s statement that this Ministerial Regulation of B.E. 2547 (2004) repeals the Ministerial Notification of 18 January B.E. 2533 (1990) authorizing the assignment of young persons aged between 13 and 15 years to manual transport of loads not exceeding 10 kg. The Committee requests the Government to provide information with its next report whether it confirms that the minimum age of employment is 15 years of age under section 44 of the Labour Protection Act, 1998.

5. Article 5. Training. The Committee notes that the notification of 27 June 1995 and the notification of 31 March 1997, provided by the Government, stating employers’ obligation to provide appropriate occupational training at operational level for those employees who are appointed employees’ representatives and that when trained they will be appointed as safety officers. It also notes that similar training courses are provided for employees at the supervisory and executive levels. The Committee requests the Government to provide information regarding training activities and instructions of workers prior to their assignment to work involving manual transport of loads.

6. Part V of the report form. Labour inspection. The Committee notes the observations of the NCTL alleging the inefficiency of labour inspection with respect to maximum weight due to the lack of personnel and proposing the creation of an agency to be responsible for this. The Committee invites the Government to provide its comments in this respect with its next report. It also asks the Government to provide detailed information on the practical application of the Convention, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, disaggregated by sex if available, the number and nature of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them.