Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Maximum Weight Convention, 1967 (No. 127) - Guatemala (Ratification: 1983)

Article 3 of the Convention. In its earlier comments the Committee had noted section 202 of the Labour Code under which: "The weight of sacks containing produce or merchandise of any kind which are to be transported or loaded by a single person shall be specified in relevant regulations, with due consideration for factors such as age, sex and the physical conditions of the employee concerned".

The Committee takes note of section 69 of the General Regulations on Health and Safety at Work of 1957 referred to by the Government in its report, adopted under above-mentioned section 202, which prescribes that: "The loads to be transported by workers shall be suited to their physical powers, regard being had to the nature, form, weight and volume of the loads and the distance and road to be travelled".

However, the Committee observes that neither section 202 of the Labour Code nor section 69 of the Regulations on Health and Safety establish the maximum weight of loads to be transported manually.

The Committee notes with interest the indications in the Government's report, to the effect that a draft Agreement is currently being studied, concerning the maximum load that may be transported by workers, which has been drafted by the occupational health and safety division of the Guatemalan Social Security Institute.

In this connection, the Committee wishes to draw the Government's attention to the indications contained in the ILO publication "Maximum Weights in Load Lifting and Carrying" published in the Occupational Safety and Health Series, No. 59, Geneva, 1988. The Committee also refers to the content of Recommendation No. 128, regarding the maximum load that may be transported by a worker and in particular to Article 14 which advocates a maximum weight of 55 kilos for male adult workers.

The Committee hopes that the Agreement now under study will contain provisions establishing the maximum weight which may be transported manually, thereby ensuring that better effect is given to the Convention, and asks the Government to continue to provide information on this matter and to supply a copy of the Agreement as soon as it is adopted.

Article 5 of the Convention. The Committee notes that the Government's report does not contain the information requested with regard to the training that any worker assigned to manual transport of loads other than light loads must receive prior to such assignment.

The Committee hopes that the Government will provide information on this matter in its next report.

Article 7(1) and (2) of the Convention. The Committee previously requested the Government to provide information on the measures taken or under consideration to enforce the obligation to limit the assignment of women and young workers to manual transport of loads other than light loads, and to establish a maximum weight which is substantially less than that permitted for adult male workers.

The Committee notes the Government's indication in its report that the labour legislation prescribes that the work of minors and women must be suited, in particular, to their age, physical state or condition and intellectual or moral development (section 147 of the Labour Code).

However, the Committee observes that a general provision of this nature is not sufficient to give effect to the provisions of the Convention.

The Committee hopes that the Agreement currently being prepared on the maximum load which may be transported manually will contain the necessary provisions to limit the assignment of women and young workers to manual transport of loads other than light loads, and to establish a maximum weight which is substantially less than that permitted for adult male workers.

Article 8 of the Convention. The Committee takes note of the Government's statement, in response to its earlier comments, that the draft Agreement on the maximum load which may be transported by workers will be submitted to the most representative workers' and employers' organisations for consultation.