Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Maximum Weight Convention, 1967 (No. 127) - Honduras (Ratification: 2012)

The Committee notes the Government’s first report received on 19 September, and the observations of the International Organisation of Employers (IOE) and the Honduran National Business Council (COHEP), received on 31 August 2014. It also notes the Government’s comments on these observations, received on 27 October 2014.

legislation. The Committee notes that Chapter XVII of General Regulations on measures to prevent occupational accidents and occupational diseases of 28 June 2004 establishes the maximum weight for the manual transport of loads. In this regard, COHEP considers that it is necessary to adapt the national legislation, namely the Labour Code and the Health Code, to bring it into conformity with the provisions of the Convention, as the only legislative measures which are updated are the General Regulations on measures to prevent occupational accidents and occupational diseases. The Committee requests the Government to continue providing information on any laws or regulations adopted in accordance with the Convention, including to give effect to the proposal by COHEP.

Article 7 of the Convention. Young workers. The Committee notes the Government’s indication that section 199 of the General Regulations on measures to prevent occupational accidents and occupational diseases establishes the minimum age for the work covered by the present Convention at 16 years, and that in such cases the maximum weight is between 15 and 20 kilos for men and 12–15 kilos for women. However, the Committee notes that, in accordance with the Regulations on Child Labour in Honduras, of 2001, the statutory age for work by young persons is 14 years, for which legal authorization is required. The Committee draws the Government’s attention to Paragraphs 19–23 of the Maximum Weight Recommendation, 1967 (No. 128), and particularly to Paragraph 21 under which, where the minimum age for assignment to manual transport of loads is less than 16 years, measures should be taken as speedily as possible to raise it to that level. In accordance with Paragraph 22, the minimum age for assignment to regular manual transport of loads should be raised, with a view to attaining a minimum age of 18 years. The Committee requests the Government to provide information on the manner in which it is ensured that no young persons under 16 years of age are engaged in the manual transport of loads, and to also provide detailed information on the sectors in which young persons are assigned to work involving the manual transport of loads.

Article 8. Consultation with the most representative organizations of employers and workers concerned. Measures to give effect to the Convention. The Committee notes COHEP’s view that the Government should request ILO technical assistance to make progress on the implementation of the Convention, and that the National Occupational Health Commission (CONASATH) should be chaired by the Secretariat for Labour, and not by the Secretariat for Health, as there is no interest in the Secretariat of Health meeting the workers and employers of Honduras. COHEP adds that, up to now, CONASATH has not issued any opinion in relation to the present Convention, and has not been called upon to do so, and that as one of the Commissions which covers occupational safety and health, it should be requested for its opinion. COHEP also considers it necessary to adapt the Labour Code and the Health Code to the provisions of the Convention. The Committee notes that the Government has not provided a reply to this observation by COHEP. The Committee requests the Government to take the necessary measures to hold consultations with the most representative organizations of employers and workers concerned with regard to the measures necessary to give effect to the Convention in accordance with Article 8, and to provide information on this subject.

Application of the Convention in practice. The Committee notes the Government’s indication that it is the responsibility of the Social Insurance Directorate on occupational safety and health to impose penalties in relation to health and safety legislation, but that according to the report there are no statistics on penalties relating to the transport of loads. COHEP indicates that it does not have general information on the application of the present Convention, for which reason no inspection reports can be provided, due to the absence of information on the number and nature of the offences reported. The Government indicates that it is in agreement with COHEP on this point. The Committee requests the Government to take the necessary measures to gather information on the application of the Convention in practice and to provide information on the manner in which the Social Insurance Directorate monitors compliance in relation to matters covered by the Convention, and the applicable provisions both for schedule inspections and for the receipt of complaints. It requests the Government to indicate the sectors in which there are most workers engaged in transporting loads, with an indication, among other information, of the frequency of this type of work in the various sectors, including agriculture.