Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. The Committee notes the information contained in the Government’s report including, in particular, the information provided concerning the application of Article 1(a) and (b) (definition of terms), Article 2 (branches covered by the Convention) and Article 3 (permissible weight of load to transport) of the Convention. It also notes the submission of requested legislative texts including Government Order No. 624 of 6 October 1993 approving the classification of industries, occupations and work performed 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. 119 of 9 December 1998; Government Order No. 890 of 5 December 1994 issuing regulations on the organization of labour protection instructions; Government Order No. 562 of 7 September 1993 approving the classification of industries, occupations and work performed 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.

2. Article 4 of the Convention. Account taken of all the conditions in which the work is to be performed in the application of the principle set forth in Article 3. With reference to its previous comments, the Committee notes that the permissible weight to be transported is 50 kg and in the case, when the weight of a transported load exceeds 50 kg, the standards concerned prescribe the use of various mechanisms for lifting and transporting of such loads or for carrying them by two or more workers. The Committee requests the Government to provide additional information on the manner in which the conditions in which the work is to be performed, and which may have an impact on the health and safety of workers, are taken into consideration in accordance with the principle set out in Article 3 of the Convention, which provides that the manual transport of a load which, by reason of its weight, is likely to jeopardize the health or safety of a worker shall not be required or permitted.

3. Article 5. Adequate training or instruction in working techniques of workers with a view to safeguarding health and preventing accidents. The Committee notes that under sections 18 and 22 of the Law on Labour Protection and sections 225 and 239 of the Labour Code, the management of an enterprise should organize the system of training and upgrading in the field of occupational safety and health of all employees and ensure vocational training, site briefing and examination of their knowledge of the standards and regulations on labour protection. The programme of site briefing is drawn up in accordance with the requirements of the standards and instructions on labour protection and in line with the ongoing activities. The Committee, once again, requests the Government to provide a copy of the standards and rules established relating to labour protection which are used for the instruction and training of workers assigned to the manual transport of loads other than light loads.

4. Article 8. Laws or regulations or other methods to give effect to the provisions of the Convention. With reference to its previous comments, the Committee notes that the Ministry of Labour and Social Protection takes measures with a view of developing a regulatory basis for the application of this Convention, which would be agreed upon with the social partners. It requests the Government to provide information on any progress achieved in this respect.

5. Part V of the report form. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice including, for example, extracts from reports of the inspection services and, in so far as such statistics are available, information concerning the number and nature of contraventions reported.