Maximum Weight Convention, 1967 (No. 127) - Algeria (RATIFICATION: 1969)

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See under Convention No. 13, as follows:

The Government has communicated the following information:

In reply to the comments of the Committee of Experts regarding the Convention, the Government has stated that the Council of Ministers of the People's Democratic Republic of Algeria approved, on 28 April 1987, a draft law regarding occupational health and safety and occupational medicine. This draft has been presented for examination to the National Popular Assembly.

In addition, the Government stated that on gaining its independence on 5 July 1962 Algeria inherited labour legislation which was incomplete, uneven and covered only some activities. After setting up basic labour administration in very difficult conditions, the Government decided to re-cast, modernise, "Algeriarise", and gradually consolidate labour legislation, extending it to all activities in the country.

Thus 1966, 1971 and 1975 saw the enactment of important laws such as the General Regulations of the Public Service; the Code and Decree on Socialist Management of Enterprises, the Decree on Collective Labour Relations in the Private Sector, and a series of five decrees and several ordinances concerning legal hours of work, general conditions of work in the private sector, labour courts, labour inspection and attachment of remuneration.

The country overwhelmingly approved the National Charter in 1976 and the new Constitution in 1977, thus confirming the action already taken in this vast area, and it laid down the new stage of making uniform regulations for workers on a modern basis. These principles were soon materialised in Act No. 78-12 of 5 August 1978 on conditions of employment-sections 13, 14, 15 and 212 of which concern occupational health and safety and occupational medecine; section 62 of the Constitution also affirms "the right to protection and safety at work".

Since 1978 the huge operation of drafting legislation to implement Act No. 78-12 has been in progress, involving over 100 drafts on all labour law questions (labour relations, working time, leave, collective labour disputes, vocation of training, wages, job classification, social work, social security, etc.).

Discussions in consultative bodies under the Ministry of Vocational Training and Labour, involving workers' and employers' representatives from various sectors, have taken place within this framework, aimed at making drafts on the prevention of occupational hazards.

The reasons for the time spent on consideration and preparation of the drafts now before the Government are the complexity of the issues and the meagre resources available in the country in the face of this huge task, added to the lack of experience in this area.

This is certainly a big step, since the Government adopted the draft Act on occupational health and safety and occupational medecine on 28 April 1987 and has submitted it to the present spring session of the Popular National Assembly. The draft Act lays down the framework for prevention of occupational risks and provides for instruments and ways and means to guarantee the health, safety and hygiene at the workplace which each employer is legally obliged to take responsibility for. This draft is most significant in that it lays down uniform and generalised protection measures for all workers at the level of the shop floor and machinery design and the use of toxic and dangerous substances, and the level of medical supervision of workers at the workplace. It also stresses information and training for workers concerning occupational hazards and thus enables them to be protected as regards health, safety and hygiene. The draft allows health and safety committees (CHS) to participate in the organisation of prevention and in the struggle against occupational hazards, underpinned by permanent structures for all health care and safety services at work. Another innovation of the draft Act is the National Consultative Committee as a consultative, co-ordinating and initiating body in the field of prevention of occupational hazards. The draft attaches importance to supervision of the application of legislation on health, safety and health care at work.

Together with this draft Act, work has begun on the implementation of legislation so as to submit the 11 draft Ordinances on general measures health and safety at work, the organisation of occupational health services, occupational safety services, the establishment of the National Consultative Committee for the prevention of occupational hazards, electricity hazards, hazards in construction and public works, toxic substances, etc., in the next few months. These drafts deal with the concerns of various sectors and will respond definitively to their expectations as to their specific needs and priorities.

The Government recalls its long-standing concern for the protection of workers' health and the working environment; since the 1970s the country has stimulated consideration of these questions by setting up appropriate national structures. This has led to: the establishment of a new National Health and Safety Institute (INHS), now working in new premises; a UNDP/ILO/INHS technical assistance project nearing completation; and the election of the INHS to the CIS and as CIS correspondent for African and Arab countries. There are trainees and occupational safety and health officials from those countries are who in our country as part of the technical co-operation begun in this regard by the ILO.

In addition, a project for the improvement of working conditions and the workplace in the construction and public works sectors, which employ over 500,000 workers in the country, has been instituted and is progressing as part of PIACT. Similar projects are planned for other important sectors (iron and steel, metallurgy, chemical and petrochemical industries, etc.).

More generally, the Government also plans to continue and extend co-operation with the ILO for the continued improvement of healthful and safe working conditions and for the protection of the working environment as part of the continuing development of the country.

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Article 7(1) and (2) of the Convention. Maximum weight of loads that can be transported by women and young workers. For a number of years, the Committee has noted that section 26 of Executive Decree No. 91-05 of 19 January 1991 sets the maximum weight of loads that may be transported manually by women of 18 years and over at 25 kilograms. The Committee recalls that Article 7 states that where women are engaged in the manual transport of loads, the maximum weight of such loads shall be substantially less than that permitted for adult male workers. The Committee requests the Government to provide information on the measures taken to give effect to Article 7 of the Convention, including in the context of the ongoing legislative review.

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The Committee notes with regret that the Government’s report, received on 7 June 2013, contains no new information in response to the requests made by the Committee for several years. It hopes that the next report will contain full information on the matters raised in its previous direct request, which read as follow:

Repetition

Article 7, paragraphs 1 and 2 of the Convention. Maximum weight of loads that can be transported by women and young workers. For a number of years, the Committee has noted that section 26 of Executive Decree No. 91-05 of 19 January 1991 sets the maximum weight of loads that may be transported manually by women of 18 years and over at 25 kilograms. In this connection, the Committee drew the Government’s attention to the ILO publication maximum weight in load lifting and carry (Occupational Safety and Health Series, No. 59, Geneva, 1988), which recommends, for ergonomic reasons, a limit of 15 kilograms for the admissible load for occasional lifting and carrying for women aged between 19 and 45 years. The Committee hopes that the Government will take the necessary measures as soon as possible to give full effect to the provisions of this Article.

Article 6. Technical devices used to limit or to facilitate the manual transport of loads. The Committee notes that the Government’s report contains no details on these types of technical devices used to limit or to facilitate the manual transport of goods. The Committee urges the Government to provide more detailed information in its next report on the technical devices used in order to limit or to facilitate the manual transport of loads.

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The Committee notes with regret that the Government’s report has not been received and that the report submitted late in 2010 did not contain any new information in response to the requests made by the Committee for several years. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 7(1) and (2) of the Convention. Maximum weight of loads that can be transported by women and young workers. For a number of years, the Committee has noted that section 26 of Executive Decree No. 91-05 of 19 January 1991 sets the maximum weight of loads that may be transported manually by women of 18 years and over at 25 kg. In this connection, the Committee drew the Government’s attention to the ILO publication Maximum weights in load lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), which recommends for ergonomic reasons a limit of 15 kg for the admissible load for occasional lifting and carrying for women aged between 19 and 45 years. The Committee trusts that the Government will speedily take the necessary measures to give full effect to the provisions of this Article.

Article 6. Technical devices used to limit or to facilitate the manual transport of loads. The Committee notes that the Government’s report contains no details on this type of technical device used to limit or to facilitate the manual transport of goods. The Committee urges the Government to provide more detailed information in its next report on the technical devices used in order to limit or to facilitate the manual transport of loads.

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The Committee notes with regret that the report submitted late in 2010 did not contain any new information in response to the requests made by the Committee for several years. It must therefore repeat its previous request which read as follows:

Repetition

Article 7(1) and (2) of the Convention. Maximum weight of loads that can be transported by women and young workers. For a number of years, the Committee has noted that section 26 of Executive Decree No. 91-05 of 19 January 1991 sets the maximum weight of loads that may be transported manually by women of 18 years and over at 25 kg. In this connection, the Committee drew the Government’s attention to the ILO publication Maximum weights in load lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), which recommends for ergonomic reasons a limit of 15 kg for the admissible load for occasional lifting and carrying for women aged between 19 and 45 years. The Committee trusts that the Government will speedily take the necessary measures to give full effect to the provisions of this Article.

Article 6. Technical devices used to limit or to facilitate the manual transport of loads. The Committee notes that the Government’s report contains no details on this type of technical device used to limit or to facilitate the manual transport of goods. The Committee urges the Government to provide more detailed information in its next report on the technical devices used in order to limit or to facilitate the manual transport of loads.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

[The Government is asked to reply in detail to the present comments in 2012.]

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the very brief information contained in the Government’s report and the information on the survey carried out in 2000 by the General Labour Inspectorate.

Article 7(1) and (2) of the Convention. Maximum weight of loads that can be transported by women and young workers. For a number of years, the Committee has noted that section 26 of Executive Decree No. 91-05 of 19 January 1991 sets the maximum weight of loads that may be transported manually by women of 18 years and over at 25 kg. In this connection, the Committee drew the Government’s attention to the ILO publication Maximum weights in load lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), which recommends for ergonomic reasons a limit of 15 kg for the admissible load for occasional lifting and carrying for women aged between 19 and 45 years. The Committee trusts that the Government will speedily take the necessary measures to give full effect to the provisions of this Article.

Article 6. Technical devices used to limit or to facilitate the manual transport of loads. The Committee notes that the Government’s report contains no details on this type of technical device used to limit or to facilitate the manual transport of goods. The Committee urges the Government to provide more detailed information in its next report on the technical devices used in order to limit or to facilitate the manual transport of loads.

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1. The Committee notes the very brief information contained in the Government’s report and the information on the survey carried out in 2000 by the General Labour Inspectorate.

2. Article 7, paragraphs 1 and 2, of the Convention. Maximum weight of loads that can be transported by women and young workers. For a number of years, the Committee has noted that section 26 of Executive Decree No. 91-05 of 19 January 1991 sets the maximum weight of loads that may be transported manually by women of 18 years and over at 25 kg. In this connection, the Committee drew the Government’s attention to the ILO publication Maximum weights in load lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), which recommends for ergonomic reasons a limit of 15 kg for the admissible load for occasional lifting and carrying for women aged between 19 and 45 years. The Committee trusts that the Government will speedily take the necessary measures to give full effect to the provisions of this Article.

3. Article 6. Technical devices used to limit or to facilitate the manual transport of loads. The Committee notes that the Government’s report contains no details on this type of technical device used to limit or to facilitate the manual transport of goods. The Committee urges the Government to provide more detailed information in its next report on the technical devices used in order to limit or to facilitate the manual transport of loads.

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Noting the information provided by the Government in its brief replies to its previous comments, the Committee wishes to draw the Government’s attention to the following points.

1. Article 7, paragraphs 1 and 2, of the Convention. In its previous comments, the Committee noted that section 26 of Executive Decree No. 91-05 of 19 January 1991 concerning the general provisions protecting health and safety in the workplace sets the maximum weight of loads that may be transported manually by women and young workers at 25 kg. It pointed out in this connection that the ILO publication Maximum weights in load lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988) recommends for ergonomic reasons a limit of 15 kg for the admissible load for occasional lifting and carrying for women between 19 and 45 years of age. The Committee once again requests the Government to indicate the measures taken or envisaged to further limit, to the extent possible, the manual transport of light loads by women workers to loads of less than 15 kg.

2. Article 6. The Committee notes that, according to the Government’s statements in its report, manual transport is increasingly rare in practice and that a survey carried out in August 2000 by the General Labour Inspectorate confirmed that operations in many enterprises had been thoroughly mechanized so as to reduce fatigue and risks. While noting this information, the Committee once again requests the Government to provide information on the kind of technologies implemented specifically to reduce and facilitate the manual transport of loads.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. Articles 3 and 7, paragraphs 1 and 2, of the Convention. Further to its previous comments noting the absence of legislation limiting the weight of loads to be manually transported by adult males, the Committee notes with satisfaction that article 26 of Executive Decree No. 91-05 of 19 January 1991, concerning the general protective provisions applying in the field of safety and health in the work environment, sets the maximum weight of loads to be manually transported by adult males at 50 kg, and the maximum weight of loads to be transported manually by women and young workers at 25 kg.

In this connection, the Committee would, however, refer the Government to the ILO publication "Maximum weights in load lifting and carrying" (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 15 kg is the limit, recommended from an ergonomic point of view, of the admissible load for occasional lifting and carrying for a woman aged between 19 and 45 years. The Committee hopes that the Government will keep the matter under review so as to further limit the assignment of women workers to the manual transport of light loads, not exceeding, as much as possible, 15 kg, and that it will indicate the measures taken or envisaged to this end.

2. Article 6. The Committee notes that modernization is taking place in the country and that the mechanization of operations has improved conditions of work and reduced the fatigue and risks encountered by workers. The Committee hopes that the Government will supply more detailed information on the technical devices used that limit and facilitate the manual transport of loads.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

1.  Articles 3 and 7, paragraphs 1 and 2, of the Convention.  Further to its previous comments noting the absence of legislation limiting the weight of loads to be manually transported by adult males, the Committee notes with satisfaction that article 26 of Executive Decree No. 91-05 of 19 January 1991, concerning the general protective provisions applying in the field of safety and health in the work environment, sets the maximum weight of loads to be manually transported by adult males at 50 kg, and the maximum weight of loads to be transported manually by women and young workers at 25 kg.

In this connection, the Committee would, however, refer the Government to the ILO publication"Maximum weights in load lifting and carrying" (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 15 kg is the limit, recommended from an ergonomic point of view, of the admissible load for occasional lifting and carrying for a woman aged between 19 and 45 years. The Committee hopes that the Government will keep the matter under review so as to further limit the assignment of women workers to the manual transport of light loads, not exceeding, as much as possible, 15 kg, and that it will indicate the measures taken or envisaged to this end.

2.  Article 6 of the Convention.  The Committee notes that modernization is taking place in the country and that the mechanization of operations has improved conditions of work and reduced the fatigue and risks encountered by workers. The Committee hopes that the Government will supply more detailed information on the technical devices used that limit and facilitate the manual transport of loads.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which was on the following points:

1. Articles 3 and 7, paragraphs 1 and 2, of the Convention. Further to its previous comments noting the absence of legislation limiting the weight of loads to be manually transported by adult males, the Committee notes with satisfaction that article 26 of Executive Decree No. 91-05 of 19 January 1991, concerning the general protective provisions applying in the field of safety and health in the work environment, sets the maximum weight of loads to be manually transported by adult males at 50 kg, and the maximum weight of loads to be transported manually by women and young workers at 25 kg. In this connection, the Committee would, however, refer the Government to the ILO publication "Maximum weights in load lifting and carrying" (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 15 kg is the limit, recommended from an ergonomic point of view, of the admissible load for occasional lifting and carrying for a woman aged between 19 and 45 years. The Committee hopes that the Government will keep the matter under review so as to further limit the assignment of women workers to the manual transport of light loads, not exceeding, as much as possible, 15 kg, and that it will indicate the measures taken or envisaged to this end. 2. Article 6 of the Convention. The Committee notes that modernization is taking place in the country and that the mechanization of operations has improved conditions of work and reduced the fatigue and risks encountered by workers. The Committee hopes that the Government will supply more detailed information on the technical devices used that limit and facilitate the manual transport of loads.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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1. Articles 3 and 7, paragraphs 1 and 2, of the Convention. Further to its previous comments noting the absence of legislation limiting the weight of loads to be manually transported by adult males, the Committee notes with satisfaction that article 26 of Executive Decree No. 91-05 of 19 January 1991, concerning the general protective provisions applying in the field of safety and health in the work environment, sets the maximum weight of loads to be manually transported by adult males at 50 kg, and the maximum weight of loads to be transported manually by women and young workers at 25 kg.

In this connection, the Committee would, however, refer the Government to the ILO publication "Maximum weights in load lifting and carrying" (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 15 kg is the limit, recommended from an ergonomic point of view, of the admissible load for occasional lifting and carrying for a woman aged between 19 and 45 years. The Committee hopes that the Government will keep the matter under review so as to further limit the assignment of women workers to the manual transport of light loads, not exceeding, as much as possible, 15 kg, and that it will indicate the measures taken or envisaged to this end.

2. Article 6 of the Convention. The Committee notes from the Government's report that modernization is taking place in the country and that the mechanization of operations has improved conditions of work and reduced the fatigue and risks encountered by workers. The Committee hopes that the Government will supply more detailed information on the technical devices used that limit and facilitate the manual transport of loads.

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The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

In its previous comments, the Committee drew the Government's attention to the absence of legislation limiting the weight of loads to be manually transported by adult males and the absence of provisions limiting the weight of loads to be transported manually by women and children. No copies of provisions on these subjects have been provided by the Government despite the fact that it has referred on several occasions to company or works agreements, circulars and service notes regulating such matters at the level of individual firms and sectors of activity.

The Committee has taken note of the information supplied by the Government in its last report, on the procedure which was under way for the enactment of two draft Decrees issued under Act No. 88-07 of 26 January 1988 on occupational health, safety and medicine. According to the Government's report, copies of the two Decrees - one dealing with general prescriptions on protection of health and safety at the workplace and the other with the organization of occupational medicine - will be sent as soon as they are published. The Committee reiterates the hope that the above drafts will ensure the application of the provisions of the Convention. It asks the Government to provide a copy of the texts once they have been adopted.

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In its previous comments, the Committee drew the Government's attention to the absence of legislation limiting the weight of loads to be manually transported by adult males and the absence of provisions limiting the weight of loads to be transported manually by women and children. No copies of provisions on these subjects have been provided by the Government despite the fact that it has referred on several occasions to company or works agreements, circulars and service notes regulating such matters at the level of individual firms and sectors of activity.

The Committee takes note of the information supplied by the Government in its last report, on the procedure which is now under way for the enactment of two draft Decrees issued under Act No. 88-07 of 26 January 1988 on occupational health, safety and medicine. According to the Government's report, copies of the two Decrees - one dealing with general prescriptions on protection of health and safety at the workplace and the other with the organisation of occupational medicine - will be sent as soon as they are published. The Committee reiterates the hope that the above drafts will ensure the application of the provisions of the Convention. It asks the Government to provide a copy of the texts once they have been adopted.

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In comments formulated over a period of several years, the Committee drew attention to the absence of laws and regulations limiting the weight of loads to be manually transported by adult males. Since the adoption of Ordinance No. 73-29 of 5 July 1973, which repealed the laws previously applicable, there has been no legislative or statutory provision limiting the weight of loads to be transported manually by women and young workers. The Government referred, on several occasions, to company or works agreements and to circulars and service notes which settled these questions at the level of individual firms and sectors of economic activity, without however supplying the texts of these agreements or circulars, despite repeated requests by the Committee. In 1989, the Committee noted the adoption of Act No. 88-07 of 26 January 1988 on occupational health and safety and occupational medicine, which establishes the principles applicable in this respect and only affects the application of the Convention in a very general manner.

In its latest report, the Government states that the Convention is being correctly applied in the country due to the utilisation of appropriate technical methods in handling and maintenance work, and this in the Government's constant concern to improve working conditions with a view to reducing overwork, fatigue and the hazards to which workers are exposed. It further indicates that the priority given to the drafting of legislation, made necessary as a result of economic and political reforms, has delayed the enactment of legislation on the application of Act No. 88-07 of 26 January 1988 on occupational health and safety and occupational medicine, but that two draft decrees on the application of Act No. 88-07 are in the process of enactment. According to the Government, the first of these drafts, which deals with general prescriptions on protection in the matter of health and safety at the workplace, caters to the concerns expressed by the Convention.

The Committee has taken note of this information. It hopes that the draft in question will give effect to the provisions of the Convention and that the Government will be able to communicate the text adopted in the very near future.

[The Government is asked to report in detail for the period ending 30 June 1990.]