Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Maximum Weight Convention, 1967 (No. 127) - Nicaragua (Ratification: 1976)

The Committee notes the Government's report according to which the Directorate of Occupational Safety and Health is preparing regulations based on its comments which, in accordance with Article 8 of the Convention, will be transmitted for consultation with organisations of employers and workers, once it has been revised by senior officials in the Ministry.

The Committee hopes that the above regulations will give full effect to the following Articles of the Convention, which have been the subject of its previous comments, and that the Government will supply a copy of the above regulations when they have been adopted.

Article 3 of the Convention. In its previous comments, the Committee referred to section 182 of the Labour Code, by virtue of which the weight of sacks containing merchandise of any kind which are to be carried by manpower shall not exceed 125 libras in all, and it observed that, in accordance with Article 3 of the Convention, the restriction of the weight must apply not only to sacks but also to any other load whose weight is likely to jeopardise the health or safety of the worker.

The Committee requests the Government to take the necessary measures to amend section 182 of the Labour Code so that the maximum weight of 125 libras applies to any load which is likely to jeopardise the health or safety of the worker.

Article 4 of the Convention. The Committee notes that section 182 of the Labour Code, which limits the maximum weight to be carried by manpower to 125 libras, provides in subsection 3 that if the distance is not less than 150 varas the weight shall be established by the labour inspector. The Committee requests the Government to supply information on the effect given in practice to section 182(3) of the Labour Code and to supply copies of decisions that have been taken by labour inspectors establishing the maximum weights that can be transported for distances of not less than 150 varas. The Committee also notes that the provisions of Chapter X of the Labour Code (weight of sacks to be carried by manpower) do not refer to the other conditions in which the work is to be performed: climate, topography or frequency. Nor is a distinction made between lifting and transport.

The Committee hopes that the provisions of the regulations which are currently being formulated will take into account the conditions in which the transport is performed by establishing the maximum weight of a load which may be transported manually.

Article 6. The Committee notes section 183 of the Labour Code, according to which merchandise in sacks or boxes weighing more than 125 libras shall not be transported except by mechanical means.

The Committee requests the Government to supply information on the effect given in practice to section 183, on the mechanical means employed and the weight of the loads transported in this manner.

Article 7. The Committee notes that no provisions specifically limit the manual transport of loads by women and young workers.

The Committee points out that by virtue of Article 7 of the Convention, not only must the manual transport of loads be limited, but the maximum weight of such loads, where women and young workers are engaged in their transport, shall be substantially less than that permitted for adult male workers.

The Committee notes that section 123 of the Labour Code prohibits the employment in industrial undertakings of young persons under 14 years of age, and that it would therefore be necessary, when limiting the manual transport of loads and the maximum weight that may be carried by young workers, to take into account that, for the purposes of the Convention, the term "young workers" means a worker under 18 years of age.

It should also be specified that the limitation on the employment of young persons and the maximum weight that is established should apply to all sectors of economic activity (agriculture, trade, transport) in respect of which a system of labour inspection is maintained, in accordance with Article 2 of the Convention.

The Committee hopes that the provisions necessary to give full effect to Article 7 of the Convention will be included in the regulations that are being prepared.