Maximum Weight Convention, 1967 (No. 127) - New Caledonia

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.115, C.120, C.127 and C.187

Previous comments: C.115, C.120, C.127 and C.187

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 120 (hygiene (commerce and offices)), 127 (maximum weight) and 187 (promotional framework for OSH) together.

Application in practice of Conventions Nos 115, 120, 127 and 187. The Committee notes the detailed information contained in the report of the New Caledonia Compensation Fund for family allowances, occupational accidents and worker protection (CAFAT). This report shows that there were 3,576 occupational accidents in 2019, 3,257 in 2020 and 2,954 in 2021. It also shows that there were 176 commuting accidents with absence from work in 2019, 145 in 2020 and 148 in 2021, and that 80 diseases were recognized as occupational in 2019, 64 in 2020 and 54 in 2021. The Committee notes that CAFAT applies “malus” points (increases, through the application of a safety index, to the rate of contributions for occupational accidents and diseases) to enterprises that regularly fail to observe the principles of occupational risk prevention, and that in 2021 the enhanced monitoring, which was set up for two enterprises to prevent “malus” points from being applied to them, produced rather conclusive results. The Committee also notes that, conversely, CAFAT may apply a lower rate of contribution when the employer has taken special safety and prevention measures. With regard to Convention No. 127, the Committee takes due note of the various initiatives taken by CAFAT, the Directorate of Labour and Employment (DTE), the Labour Inspectorate and the Technical Advisory Committee (CTC) on the prevention of risks associated with the manual transport of loads. The Committee notes, however, that in 2021, of the 54 diseases recognized as occupational, 53 were due to articular diseases (almost half of which concerned people working in commerce, offices, or the public or semi-public services) and the last one was linked to chronic lower back pain due to the manual carrying of heavy loads. With regard to occupational accidents, “manual transport or handling”, which remains the biggest cause of occupational accidents, 851 occupational accidents were accounted in 2020. The Committee requests the Government to continue to provide information on the application in practice of the ratified OSH Conventions, including on the number of occupational accidents and cases of occupational disease, particularly in terms of the manual transport of loads, and particularly in commerce and offices.

Legislation.Noting that the DTE has undertaken to fill the gaps in OSH regulations by drawing up a codification (particularly in the areas of protection against risks related to the inhalation of asbestos, hyperbaric activities, risks related to electricity and night work) and to update the applicable OSH texts, the Committee requests the Government to provide information on any progress achieved towards the adoption of new texts in the above areas, the updating of Decision No. 34/CP of 23 February 1989 of Congress on general safety and health measures, and the amendment to be made to Order No. 2009-4271/GNC of 22 September 2009 on the minimum safety and health requirements relating to the manual handling of loads involving risks, particularly relating to lower back pain, to workers.

A. General provisions

OSH and its promotional framework (Convention No. 187)

• Objective

Article 2(2) of the Convention. Account taken of the principles set out in the relevant instruments of the ILO. Further to its previous comment, the Committee notes that the OSH system is consistent with each of the Conventions listed in the Annex to the Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197), and that the Government has identified the measures taken or envisaged in order to give effect to these Conventions, whether or not they have been ratified by France or declared applicable to New Caledonia. The Committee notes the information provided, which responds to the previous request for information.

Article 2(3). Measures that could be taken to ratify relevant OSH Conventions of the ILO. In response to the Committee’s previous comment, the Government indicates that it has not received any draft text to ensure applicability of the Occupational Cancer Convention, 1974 (No. 139) and the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) to New Caledonia. The Committee requests the Government to continue to provide information on the periodic examination of the measures that could be taken to ensure applicability of the relevant OSH Conventions of the ILO to New Caledonia, in particular Conventions Nos 139 and 148, but also the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) and the Safety and Health in Agriculture Convention, 2001 (No. 184), which have also been ratified by France.

• National policy

Article 3(1) and (3). Periodic examination of the national policy. Consultation with the social partners. The Committee notes that, according to the information provided by the Government in response to its previous request, consultation with and participation of the social partners in OSH matters is carried out within the Social Dialogue Council (CDS). The Committee also notes that the CDS is informed of the main areas of the Government’s activity and the reforms that it proposes in various fields such as labour, employment and worker protection, at the annual social conference; that the Government and the CDS inform each other of the progress of the work at quarterly conferences, and that they set out a shared social agenda, which is reviewed on a quarterly basis. The aim of the agenda is, in particular, to enable discussion and ensure follow-up to the work undertaken or planned by the Government. The Committee notes the information provided, which responds to the previous request for information.

Article 3(2). Promotion and advancement, at all levels, of the right of workers to a safe and healthy working environment. In response to the Committee’s previous comment, the Government indicates that the DTE is responsible for, inter alia, the prevention of occupational risks and the improvement of working conditions, and that to this end it relies not only on the institutional bodies – CAFAT, the Occupational Inter-enterprise Medical Service (SMIT) and the Chambers of Commerce (the Chamber of Trade and Crafts, Chamber of Trade and Industry and Chamber of Agriculture) – but also the social partners. The Committee welcomes the fact that Territorial Act No. 2021-4 of 12 May 2021 relating to the New Caledonian public service has created a joint technical committee for each public employer, which is consulted on issues relating particularly to occupational safety and health, and working conditions. In addition, the Committee welcomes the creation, on 1 January 2021, of the Occupational Health and Prevention Service of the Human Resources and Public Service Department of New Caledonia. Lastly, the Committee notes the regular running of the Fair for social dialogue, risk prevention and vocational training and of the Forum for the prevention of occupational risks. The Committee notes the information provided, which responds to the previous request for information.

• National system

Article 4(3)(c). OSH training. Further to its previous comment, the Committee notes that 32 people have received three-year accreditation to provide first-aid training in the workplace, and nine have been given five-year accreditation to carry out coordination tasks in the field of safety and health protection in the building industry. In addition, the Committee notes the information provided on the free training organized by the DTE and CAFAT on occupational health and safety issues, the training offered by the Institute of Social Relations to employers’ and workers’ representatives, as well as the assistance and training provided by the Chambers of Commerce in OSH matters. The Committee notes the information provided, which responds to the previous request for information.

Article 4(3)(d). Occupational health services. In response to the Committee’s previous comment, the Government indicates that the discussions started with the social and institutional partners on the need to reform the occupational health system resulted in the adoption of Territorial Act No. 2020-7 of 15 May 2020, which replaced Chapter III (on occupational health services) of Title VI (on OSH) of the Labour Code, and Decision No. 37/CP of 24 June 2020 on the reform of occupational health services. According to the Government, the above-mentioned Act has overhauled the legal framework for the occupational health system, with the aim of enabling it to meet the reasonable expectations of enterprise stakeholders; and one of the main innovations was the establishment of either medical follow-up adapted to the worker’s situation, or more thorough follow-up in line with the worker’s exposure to certain risks. The Committee notes this information, which responds to its previous request.

Article 4(3)(g). Provisions for collaboration with relevant insurance or social security schemes covering occupational injuries and diseases. In response to the Committee’s previous comment, the Government indicates that the DTE and CAFAT work in close collaboration to raise the awareness of enterprises and involve them in OSH matters, which results in the organization of occupational risk prevention forums and the publication of manuals. The Committee notes this information, which responds to its previous request.

Article 4(3)(h). Support mechanisms formicroenterprises, small and medium-sized enterprises and the informal economy The Government indicates that three mechanisms, in particular, contribute to making progress in support for enterprises: (i) the CTC, which allows enterprises that lodge a request to obtain financial support for additional means of prevention; (ii) the Inter-occupational Fund for Training Insurance, which ensures the financing of OSH training; and (iii) the Institute of Social Relations, which allows workers’ representatives to receive free training. The Committee requests the Government to specify whether these mechanisms apply to microenterprises, small and medium-sized enterprises, and the informal economy.

• National programme

Article 5. National OSH programme. In the absence of information on the current national OSH programme, the Committee requests the Government to provide a copy of this plan and to specify the manner in which it is implemented, monitored, evaluated and periodically reviewed, as well as the role of the social partners and the CDS in this process.

• Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 9(2) of the Convention. Instruction of workers engaged in radiation work. The Committee notes that, in response to its previous request, the Government indicates that cooperation between the Government and the Nuclear Safety Agency, which was initiated in 2013 and provided for, inter alia, a support and training programme, was renewed for 2016–18, and then for 2019–21. The Committee also notes that the Chamber of Trade and Industry offers training aimed at optimizing protection for workers against radiation in the medical field and that a training centre for those who manage radioactive sources and x-ray machines, as well as for workers using these machines, is being set up. The Committee requests the Government to provide information on the establishment of the above-mentioned training centre.

Maximum Weight Convention, 1967 (No. 127)

Article 4 of the Convention. Account taken of all the conditions in which the work is to be performed. The Committee notes that Order No. 2009-4271/GNC of 22 September 2009 relating to the minimum safety and health requirements for the manual handling of loads involving risks, for workers, particularly to the lower back, will be amended in the next two years and that there are plans to adopt a third annex, establishing a system of reduction coefficients to be applied according to a given situation (for example, a slanting floor). While expressing the hope that a third annex to Order No. 2009-4271/GNC, establishing a system of reduction coefficients, will be adopted shortly, the Committee requests the Government to provide information on this matter and to send a copy of this new regulation, once it has been adopted.

• Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

The Committee notes the information provided by the Government in its report in response to its previous request concerning Article 16 of the Convention.

Article 19. First-aid kit. In response to the Committee’s previous comment, the Government indicates that, in the light of the obsolete and incomplete nature of Order No. 3445-T of 30 August 1995, regulating the application of section 19 of Decision No. 50/CP of 10 May 1989 relating to occupational health, amended by Decision No. 432 of 3 November 1993, and relating to first-aid kits, a draft decision concerning first-aid kits in enterprises and an implementing order are being adopted. The Government states that this draft has already been submitted to the competent bodies and then to the social partners within the CDS, which must issue its view shortly. The Committee requests the Government to provide information on any progress achieved towards the adoption of a new regulation concerning first-aid kits in enterprises.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with satisfaction the information concerning the adoption of Decree No. 2009-4271/GNC of 22 September 2009 containing minimum occupational safety and health (OSH) requirements concerning manual handling of loads. The Decree prescribes specific maximum limits of loads to be carried by adult men, women and young workers and the conduct of risk assessments in relation to the manual handling of loads and gives effect to the provisions of the Convention. The Committee also notes the information that the Government presently implementing is 2009–14 OSH policy based on prevention which includes practical measures including campaigns to increase the general awareness knowledge on OSH. The Committee requests the Government to submit to the Office a copy of the abovementioned national policy on OSH.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner the Convention is applied in the country including extracts from inspection services and information concerning the number and nature of contraventions reported and the action taken on them, etc.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information provided by the Government in its latest report according to which a Labour Code should be examined by the Congress of New Caledonia before the end of the first half of 2007. The report also indicates that a working paper is ready and a delegation of the State Council visited Nouméa in March 2007 on a technical mission to finalize the preliminary draft text. The Government’s report adds that a compilation of occupational safety and health texts for professionals has been prepared and its dissemination should coincide with that of the new Labour Code. Furthermore, the report indicates that the transposition of the European Union Framework Directive on Prevention and Safety is being carried out in 2007 and that this text will serve, among other objectives, to generalize in New Caledonia the concept of risk evaluation in enterprises and that the issue of the manual handling of loads forms part of the reflection that enterprises will have to carry out in the context of their risk evaluation. The Committee further notes the information provided by the Government on the effect given in practice to the provisions respecting the maximum weight of loads, on the use of modern technical means for the handling of loads and on vocational training. While noting that these developments are promising, the Committee observes that the regulations on maximum weight have not changed since its last comment. It is accordingly once again bound to reiterate its comments on the following points:

1. The Committee notes that the provisions of the Labour Code of 1926, and particularly sections R.231-72, establish limits in the merchant marine sector for loads for which the manual transport is inevitable. The Committee also notes the Government’s announcement that a draft order prepared by the medical labour inspector will be submitted to the Government with a view to improving the regulations in force along the lines indicated by the Committee. In this respect, the Committee notes that the only regulation currently in force concerning the manual transport of loads by workers is Order No. 1211-T of 19 March 1993, which gives effect to section 5 of Order No. 34/CP of 23 February 1989, which itself only establishes minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. The Committee recalls that, in its previous comment, it noted the information provided by the Government, and particularly the findings of a survey of occupational physicians.

2. Articles 3 and 7 of the Convention. The Committee noted the finding of this survey that in general heavy loads are only handled occasionally, except in the case of certain activities, and particularly removals and the unloading of containers loaded with imported products. Furthermore, in practice, the average weight of loads is lower than 55 kg, except in the case of the lifting of sick persons and their transport on stretchers. With regard to the criteria applied by occupational physicians to conclude that a worker is fit for the manual transport of loads over 55 kg, account is taken of Order No. 1211-T of 19 March 1993 giving effect to section 5 of Order No. 34/CP of 23 February 1989 respecting minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. In this respect, the Committee noted that section 3 above remained unchanged. The absolute limit for occasional lifting is set at 105 kg, and a worker may be regularly authorized to carry loads of over 55 kg if he has been found fit by the occupational physician. While noting the findings of the above survey, the Committee therefore requested the Government to indicate the measures which had been taken or were envisaged to ensure that workers could not be required to engage in the manual transport of a loads heavier than 55 kg. Once again, the Committee referred to the ILO publication Maximum weight in lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by a male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the admissible weight of loads to be transported occasionally by adult women. The Committee emphasizes that it has been raising this matter for many years. It therefore hopes that the Government will take the necessary measures to give effect to the provisions of the Convention.

3. Articles 4 and 6. The Committee previously noted the technical devices (trolleys, lifts, fixed or travelling cranes) used by workers depending on the financial means of the enterprise to limit or facilitate the manual transport of loads. The Committee requests the Government to continue providing information on the application of this Article in practice.

4. Part V of the report form. The Committee notes the information provided concerning occupational accidents. The Committee requests the Government to continue providing information on the effect given in practice to the provisions respecting the maximum weight of loads which may be transported manually and, in particular, on the action taken to prevent this type of occupational accident. The Committee hopes that the Government will take the necessary measures, as soon as possible, for the adoption of the above draft order and to ensure that this text reflects the points raised by the Committee in its comments and provides effective protection for workers called upon to lift and transport loads manually.

2. The Committee requests the Government to provide any new legislative text as soon as it is adopted.

[The Government is asked to reply in detail to the present comments in 2008.]

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report and notes that a Labour Code is being drawn up by the Congress of New Caledonia. The report also indicates that a compilation of texts on occupational health and safety for professionals is also being drawn up. Furthermore, since May 2006, a subcommittee has been charged with making proposals on occupational safety and health at work. While noting the information provided by the Government on the practical application of provisions relating to maximum weight of loads, particularly the use of modern technical handling devices and occupational training, the Committee is bound, once again, to reiterate its comments on the following points raised in its previous observation.

The Committee notes that the provisions of the Labour Code of 1926, and particularly sections R.231-72, establish limits in the merchant marine sector for loads for which the manual transport is inevitable. The Committee also notes the Government’s announcement that a draft order prepared by the Medical Labour Inspector will be submitted to the Government with a view to improving the regulations in force along the lines indicated by the Committee. In this respect, the Committee notes that the only regulation currently in force concerning the manual transportation of loads by workers is Order No. 1211 T of 19 March 1993, which gives effect to section 5 of Order No. 34/CP of 23 February 1989, which itself only establishes minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. The Committee recalls that, in its previous comment, it noted the information provided by the Government, and particularly the findings of a survey of occupational physicians.

Articles 3 and 7 of the Convention. The Committee noted the finding of this survey that in general heavy loads are only handled occasionally, except in the case of certain activities, and particularly removals and the unloading of containers loaded with imported products. Furthermore, in practice, the average weight of loads is lower than 55 kg, except in the case of the lifting of sick persons and their transport on stretchers. With regard to the criteria applied by occupational physicians to conclude that a worker is fit for the manual transport of loads over 55 kg, account is taken of Order No. 1211-T of 19 March 1993, giving effect to section 5 of Order No. 34/CP of 23 February 1989, respecting minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. In this respect, the Committee noted that section 3 above remained unchanged. The absolute limit for occasional lifts is set at 105 kg, and a worker may be regularly required to carry loads up to a maximum of 55 kg if he has been found fit by the occupational physician. While noting the findings of the above survey, the Committee therefore requested the Government to indicate the measures which had been taken or were envisaged to ensure that workers could not be required to engage in the manual transport of a load heavier than 55 kg. Once again, the Committee referred to the ILO publication Maximum weight in lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by a male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the admissible weight of loads to be transported occasionally by adult women. The Committee emphasizes that it has been raising this matter for many years. It therefore hopes that the Government will take the necessary measures to give effect to the provisions of the Convention.

Articles 4 and 6. The Committee had noted the technical devices (trolleys, lifts, fixed or travelling cranes) used by workers depending on the financial means of the enterprise to limit or facilitate the manual transport of loads. The Committee requests the Government to continue providing information on the application of this Article in practice.

Part V of the report form. The Committee notes the information provided concerning occupational accidents. The Committee requests the Government to continue providing information on the effect given in practice to the provisions respecting the maximum weight of loads which may be transported manually and, in particular, on the action taken to prevent this type of occupational accident. The Committee hopes that the Government will take the necessary measures, as soon as possible, for the adoption of the above draft order and to ensure that this text reflects the points raised by the Committee in its comments and to provide effective protection for workers called upon to lift and transport loads manually.

The Committee firmly hopes that the Government will take the necessary legislative and/or other measures as soon as possible to ensure effective protection for workers who have to lift and transport loads manually.

2. The Committee requests the Government to supply any new legislative texts as soon as they are adopted.

[The Government is asked to reply in detail to the present comments in 2007.]

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information supplied in the Government’s last reports and echoes the concern expressed by the social partners and by social organizations and the public authorities that, according to the statistics supplied by the Government, the share of manual load handling in occupational accidents increased from 30 per cent in 1999 to 37.7 per cent in 2002. The Committee notes that, as regards the application of the Convention, there have been no legislative or administrative changes. It requests the Government to continue to provide information on the practical effect given to the provisions on the maximum weight of loads that may be transported manually, and particularly on the measures taken to prevent occupational accidents in this area, and is again bound to repeat its comments on a number of points raised in its previous observation:

The Committee notes the Government’s report and its reply to its previous comment. It notes that the provisions of the Labour Code of 1926, and particularly sections R.231-72, establish limits in the merchant marine sector for loads for which the manual transport is inevitable. The Committee also notes the Government’s announcement that a draft order prepared by the Medical Labour Inspector will be submitted to the Government with a view to improving the regulations in force along the lines indicated by the Committee. In this respect, the Committee notes that the only regulation currently in force concerning the manual transportation of loads by workers is Order No. 1211 T of 19 March 1993, which gives effect to section 5 of Order No. 34/CP of 23 February 1989, which itself only establishes minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. The Committee recalls that, in its previous comment, it noted the information provided by the Government, and particularly the findings of a survey of occupational physicians.

Articles 3 and 7 of the Convention. The Committee noted the finding of this survey that in general heavy loads are only handled occasionally, except in the case of certain activities, and particularly removals and the unloading of containers loaded with imported products. Furthermore, in practice, the average weight of loads is lower than 55 kg, except in the case of the lifting of sick persons and their transport on stretchers. With regard to the criteria applied by occupational physicians to conclude that a worker is fit for the manual transport of loads over 55 kg, account is taken of Order No. 1211-T of 19 March 1993, giving effect to section 5 of Order No. 34/CP of 23 February 1989, respecting minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. In this respect, the Committee noted that section 3 above remained unchanged. The absolute limit is set at 105 kg, and a worker may even be permitted to carry regularly loads heavier than 55 kg if he has been found fit by the occupational physician. While noting the findings of the above survey, the Committee therefore requested the Government to indicate the measures which had been taken or were envisaged to ensure that workers could not be required to engage in the manual transport of a load heavier than 55 kg. Once again, the Committee referred to the ILO publication Maximum weight in lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by a male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the admissible weight of loads to be transported occasionally by adult women. The Committee emphasizes that it has been raising this matter for many years. It therefore hopes that the Government will take the necessary measures to give effect to the provisions of the Convention.

Articles 4 and 6. The Committee had noted the technical devices (trolleys, lifts, fixed or travelling cranes) used by workers depending on the financial means of the enterprise to limit or facilitate the manual transport of loads. The Committee requests the Government to continue providing information on the application of this Article in practice.

Part V of the report form. The Committee notes the information provided concerning occupational accidents. The Committee requests the Government to continue providing information on the effect given in practice to the provisions respecting the maximum weight of loads which may be transported manually and, in particular, on the action taken to prevent this type of occupational accident. The Committee hopes that the Government will take the necessary measures, as soon as possible, for the adoption of the above draft order and to ensure that this text reflects the points raised by the Committee in its comments and to provide effective protection for workers called upon to lift and transport loads manually.

2. The Committee firmly hopes that the Government will take the necessary legislative and/or other measures as soon as possible to ensure effective protection for workers who have to lift and transport loads manually.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

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:

The Committee notes the Government’s report and its reply to its previous comment. It notes that the provisions of the Labour Code of 1926, and particularly sections R.231-72, establish limits in the merchant marine sector for loads for which the manual transport is inevitable. The Committee also notes the Government’s announcement that a draft order prepared by the Medical Labour Inspector will be submitted to the Government with a view to improving the regulations in force along the lines indicated by the Committee. In this respect, the Committee notes that the only regulation currently in force concerning the manual transportation of loads by workers is Order No. 1211 T of 19 March 1993, which gives effect to section 5 of Order No. 34/CP of 23 February 1989, which itself only establishes minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. The Committee recalls that, in its previous comment, it noted the information provided by the Government, and particularly the findings of a survey of occupational physicians.

Articles 3 and 7 of the Convention. The Committee noted the finding of this survey that in general heavy loads are only handled occasionally, except in the case of certain activities, and particularly removals and the unloading of containers loaded with imported products. Furthermore, in practice, the average weight of loads is lower than 55 kg, except in the case of the lifting of sick persons and their transport on stretchers. With regard to the criteria applied by occupational physicians to conclude that a worker is fit for the manual transport of loads over 55 kg, account is taken of Order No. 1211-T of 19 March 1993, giving effect to section 5 of Order No. 34/CP of 23 February 1989, respecting minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. In this respect, the Committee noted that section 3 above remained unchanged. The absolute limit is set at 105 kg, and a worker may even be permitted to carry regularly loads heavier than 55 kg if he has been found fit by the occupational physician. While noting the findings of the above survey, the Committee therefore requested the Government to indicate the measures which had been taken or were envisaged to ensure that workers could not be required to engage in the manual transport of a load heavier than 55 kg. Once again, the Committee referred to the ILO publication Maximum weight in lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by a male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the admissible weight of loads to be transported occasionally by adult women. The Committee emphasizes that it has been raising this matter for many years. It therefore hopes that the Government will take the necessary measures to give effect to the provisions of the Convention.

Articles 4 and 6. The Committee had noted the technical devices (trolleys, lifts, fixed or travelling cranes) used by workers depending on the financial means of the enterprise to limit or facilitate the manual transport of loads. The Committee requests the Government to continue providing information on the application of this Article in practice.

Part V of the report form. The Committee notes the information provided concerning occupational accidents. The rate of occupational accidents related to the manual handling and transport of loads has remained relatively stable since 1995. In this respect, the Committee notes that 3 per cent of occupational accidents involved absence from work for over 24 hours and that the number of days for which benefits are paid by the CAFAT for this type of occupational accident remains stable but high, since they account for around 30 per cent of the total number of days for which benefits are paid in respect of occupational accidents. The Committee therefore requests the Government to continue providing information on the effect given in practice to the provisions respecting the maximum weight of loads which may be transported manually and, in particular, on the action taken to prevent this type of occupational accident.

The Committee therefore hopes that the Government will take the necessary measures as soon as possible for the adoption of the above draft order and to ensure that this text reflects the points raised by the Committee in its comments and to provide effective protection for workers called upon to lift and transport loads manually.

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

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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:

The Committee notes the Government’s report and its reply to its previous comment. It notes that the provisions of the Labour Code of 1926, and particularly sections R.231-72, establish limits in the merchant marine sector for loads for which the manual transport is inevitable. The Committee also notes the Government’s announcement that a draft order prepared by the Medical Labour Inspector will be submitted to the Government with a view to improving the regulations in force along the lines indicated by the Committee. In this respect, the Committee notes that the only regulation currently in force concerning the manual transportation of loads by workers is Order No. 1211 T of 19 March 1993, which gives effect to section 5 of Order No. 34/CP of 23 February 1989, which itself only establishes minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. The Committee recalls that, in its previous comment, it noted the information provided by the Government, and particularly the findings of a survey of occupational physicians.

Articles 3 and 7 of the Convention. The Committee noted the finding of this survey that in general heavy loads are only handled occasionally, except in the case of certain activities, and particularly removals and the unloading of containers loaded with imported products. Furthermore, in practice, the average weight of loads is lower than 55 kg, except in the case of the lifting of sick persons and their transport on stretchers. With regard to the criteria applied by occupational physicians to conclude that a worker is fit for the manual transport of loads over 55 kg, account is taken of Order No. 1211-T of 19 March 1993, giving effect to section 5 of Order No. 34/CP of 23 February 1989, respecting minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. In this respect, the Committee noted that section 3 above remained unchanged. The absolute limit is set at 105 kg, and a worker may even be permitted to carry regularly loads heavier than 55 kg if he has been found fit by the occupational physician. While noting the findings of the above survey, the Committee therefore requested the Government to indicate the measures which had been taken or were envisaged to ensure that workers could not be required to engage in the manual transport of a load heavier than 55 kg. Once again, the Committee referred to the ILO publication Maximum weight in lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by a male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the admissible weight of loads to be transported occasionally by adult women. The Committee emphasizes that it has been raising this matter for many years. It therefore hopes that the Government will take the necessary measures to give effect to the provisions of the Convention.

Articles 4 and 6. The Committee had noted the technical devices (trolleys, lifts, fixed or travelling cranes) used by workers depending on the financial means of the enterprise to limit or facilitate the manual transport of loads. The Committee requests the Government to continue providing information on the application of this Article in practice.

Part V of the report form. The Committee notes the information provided concerning occupational accidents. The rate of occupational accidents related to the manual handling and transport of loads has remained relatively stable since 1995. In this respect, the Committee notes that 3 per cent of occupational accidents involved absence from work for over 24 hours and that the number of days for which benefits are paid by the CAFAT for this type of occupational accident remains stable but high, since they account for around 30 per cent of the total number of days for which benefits are paid in respect of occupational accidents. The Committee therefore requests the Government to continue providing information on the effect given in practice to the provisions respecting the maximum weight of loads which may be transported manually and, in particular, on the action taken to prevent this type of occupational accident.

The Committee therefore hopes that the Government will take the necessary measures as soon as possible for the adoption of the above draft order and to ensure that this text reflects the points raised by the Committee in its comments and to provide effective protection for workers called upon to lift and transport loads manually.

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

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes the Government’s report and its reply to its previous comment. It notes that the provisions of the Labour Code of 1926, and particularly sections R.231 72, establish limits in the merchant marine sector for loads for which the manual transport is inevitable. The Committee also notes the Government’s announcement that a draft order prepared by the Medical Labour Inspector will be submitted to the Government with a view to improving the regulations in force along the lines indicated by the Committee. In this respect, the Committee notes that the only regulation currently in force concerning the manual transportation of loads by workers is Order No. 1211 T of 19 March 1993, which gives effect to section 5 of Order No. 34/CP of 23 February 1989, which itself only establishes minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. The Committee recalls that, in its previous comment, it noted the information provided by the Government, and particularly the findings of a survey of occupational physicians.

Articles 3 and 7 of the Convention. The Committee noted the finding of this survey that in general heavy loads are only handled occasionally, except in the case of certain activities, and particularly removals and the unloading of containers loaded with imported products. Furthermore, in practice, the average weight of loads is lower than 55 kg, except in the case of the lifting of sick persons and their transport on stretchers. With regard to the criteria applied by occupational physicians to conclude that a worker is fit for the manual transport of loads over 55 kg, account is taken of Order No. 1211 T of 19 March 1993, giving effect to section 5 of Order No. 34/CP of 23 February 1989, respecting minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. In this respect, the Committee noted that section 3 above remained unchanged. The absolute limit is set at 105 kg, and a worker may even be permitted to carry regularly loads heavier than 55 kg if he has been found fit by the occupational physician. While noting the findings of the above survey, the Committee therefore requested the Government to indicate the measures which had been taken or were envisaged to ensure that workers could not be required to engage in the manual transport of a load heavier than 55 kg. Once again, the Committee referred to the ILO publication Maximum weight in lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by a male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the admissible weight of loads to be transported occasionally by adult women. The Committee emphasizes that it has been raising this matter for many years. It therefore hopes that the Government will take the necessary measures to give effect to the provisions of the Convention.

  Articles 4 and 6. The Committee had noted the technical devices (trolleys, lifts, fixed or travelling cranes) used by workers depending on the financial means of the enterprise to limit or facilitate the manual transport of loads. The Committee requests the Government to continue providing information on the application of this Article in practice.

  Part V of the report form. The Committee notes the information provided concerning occupational accidents. The rate of occupational accidents related to the manual handling and transport of loads has remained relatively stable since 1995. In this respect, the Committee notes that 3 per cent of occupational accidents involved absence from work for over 24 hours and that the number of days for which benefits are paid by the CAFAT for this type of occupational accident remains stable but high, since they account for around 30 per cent of the total number of days for which benefits are paid in respect of occupational accidents. The Committee therefore requests the Government to continue providing information on the effect given in practice to the provisions respecting the maximum weight of loads which may be transported manually and, in particular, on the action taken to prevent this type of occupational accident.

The Committee therefore hopes that the Government will take the necessary measures as soon as possible for the adoption of the above draft order and to ensure that this text reflects the points raised by the Committee in its comments and to provide effective protection for workers called upon to lift and transport loads manually.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report and its reply to its previous comment. It notes that the provisions of the Labour Code of 1926, and particularly sections R.231-72, establish limits in the merchant marine sector for loads for which the manual transport is inevitable. The Committee also notes the Government’s announcement that a draft order prepared by the Medical Labour Inspector will be submitted to the Government with a view to improving the regulations in force along the lines indicated by the Committee. In this respect, the Committee notes that the only regulation currently in force concerning the manual transportation of loads by workers is Order No. 1211-T of 19 March 1993, which gives effect to section 5 of Order No. 34/CP of 23 February 1989, which itself only establishes minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. The Committee recalls that, in its previous comment, it noted the information provided by the Government, and particularly the findings of a survey of occupational physicians.

Articles 3 and 7 of the Convention.  The Committee noted the finding of this survey that in general heavy loads are only handled occasionally, except in the case of certain activities, and particularly removals and the unloading of containers loaded with imported products. Furthermore, in practice, the average weight of loads is lower than 55 kg, except in the case of the lifting of sick persons and their transport on stretchers. With regard to the criteria applied by occupational physicians to conclude that a worker is fit for the manual transport of loads over 55 kg, account is taken of Order No. 1211-T of 19 March 1993, giving effect to section 5 of Order No. 34/CP of 23 February 1989, respecting minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. In this respect, the Committee noted that section 3 above remained unchanged. The absolute limit is set at 105 kg, and a worker may even be permitted to carry regularly loads heavier than 55 kg if he has been found fit by the occupational physician. While noting the findings of the above survey, the Committee therefore requested the Government to indicate the measures which had been taken or were envisaged to ensure that workers could not be required to engage in the manual transport of a load heavier than 55 kg. Once again, the Committee referred to the ILO publication Maximum weight in lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by a male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the admissible weight of loads to be transported occasionally by adult women. The Committee emphasizes that it has been raising this matter for many years. It therefore hopes that the Government will take the necessary measures to give effect to the provisions of the Convention.

Articles 4 and 6.  The Committee had noted the technical devices (trolleys, lifts, fixed or travelling cranes) used by workers depending on the financial means of the enterprise to limit or facilitate the manual transport of loads. The Committee requests the Government to continue providing information on the application of this Article in practice.

Part V of the report form.  The Committee notes the information provided concerning occupational accidents. The rate of occupational accidents related to the manual handling and transport of loads has remained relatively stable since 1995. In this respect, the Committee notes that 3 per cent of occupational accidents involved absence from work for over 24 hours and that the number of days for which benefits are paid by the CAFAT for this type of occupational accident remains stable but high, since they account for around 30 per cent of the total number of days for which benefits are paid in respect of occupational accidents. The Committee therefore requests the Government to continue providing information on the effect given in practice to the provisions respecting the maximum weight of loads which may be transported manually and, in particular, on the action taken to prevent this type of occupational accident.

The Committee therefore hopes that the Government will take the necessary measures as soon as possible for the adoption of the above draft order and to ensure that this text reflects the points raised by the Committee in its comments and to provide effective protection for workers called upon to lift and transport loads manually.

[The Government is asked to report in detail in 2002.]

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information provided by the Government in its report, particularly with regard to the data provided by occupational physicians in the context of a survey.

Articles 3 and 7 of the Convention. The Committee notes from the information obtained from this survey of occupational physicians that heavy loads are generally only handled infrequently, except in the case of certain activities, and particularly removals and the unloading of containers loaded with imported products. Furthermore, in practice, the average weight of loads is lower than 55 kg, except in the case of the lifting of sick persons and their transport on stretchers. With regard to the criteria applied by occupational physicians to conclude that a worker is capable of the manual transport of loads over 55 kg, reference is made to Order No. 1211-T, of 19 March 1993, which gives effect to section 5 of Order No. 34/CP of 23 February 1989 respecting minimum safety and health requirements for the manual transport of loads which constitute a risk for workers, and particularly to their backs and lumbar regions. In this respect, the Committee notes that the above section 3 remains unchanged. The absolute limit is set at 105 kg and a worker may even be permitted to carry regularly loads heavier than 55 kg if he has been found fit by the occupational physicians. While noting the information provided by the above survey, the Committee therefore requests the Government to indicate the measures which have been taken or are envisaged to ensure that workers cannot be required to engage in the manual transport of a load which is heavier than 55 kg. Once again the Committee refers to the recommendations contained in the ILO publication "Maximum weight in lifting and carrying" (Occupational Safety and Health Series, No. 59, Geneva, 1988) in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by a male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the load permitted to be lifted and transported occasionally by adult women. The Committee has been raising this issue for many years. It therefore hopes that the Government will take the necessary measures to give effect to the provisions of the Convention.

Articles 4 and 6. The Committee notes the technical devices (trolleys, lifts, fixed or travelling cranes) used by workers, depending on the financial means of the enterprise, to limit or facilitate the manual transport of loads. The Committee requests the Government to continue providing information on the effect given to this Article in practice.

Part V of the report form. The Committee notes the information on occupational accidents. The rate of occupational accidents related to the manual handling and transport of loads has remained relatively stable since 1995. In this respect, the Committee notes that 3 per cent of occupational accidents involve absence from work for over 24 hours and that the number of days for which benefits are paid by the CAFAT for this type of occupational accident also remains stable but high, since they account for around 30 per cent of the total number of days for which benefits are paid in respect of occupational accidents. The Committee therefore requests the Government to continue providing information on the effect given in practice to the provisions respecting the maximum weight of loads which may be transported manually and, in particular, on the action taken to prevent this type of occupational accidents.

[The Government is asked to report in detail in 2001.]

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Articles 3 and 7 of the Convention. The Committee refers to its observation and, while awaiting the revision of the limits established in sections 3 and 4 of Order No. 1211-T of 19 March 1993 concerning the minimum health and safety requirements as regards the manual handling of loads involving risks for workers, particularly in the back and lumbar regions, it requests the Government to continue supplying information on the application in practice of the provisions respecting the maximum weight of loads which can be transported manually (point V of the report form) by indicating the number of cases in which occupational physicians have found workers fit to carry regularly loads above 55 kg, on any limits which may be placed on these loads and on the criteria applied by the occupational physicians. In this respect, the Committee would be grateful if the Government would also supply copies of any regulations, directives or codes of practice providing guidance to occupational physicians for their evaluation of the fitness of workers to carry regularly loads over 55 kg without endangering their health and safety, as well as information on any measures which have been taken or are envisaged to reflect in the texts applicable at the national level the development of knowledge in the field of occupational medicine.

Articles 4 and 6. The Committee notes that by virtue of section 2 of Order No. 1211-T of 19 March 1993, the employer must take appropriate organizational measures or use appropriate means, including mechanical equipment, to avoid recourse to the manual handling of loads by workers. However, when the manual handling of a load cannot be avoided, particularly due to the layout of the workplace where such handling is carried out, the employer has to take appropriate organizational measures or make available to workers the appropriate means, including accessories which give a good grip, and where necessary combine different types of measures, so as to limit the physical effort and reduce the risk involved in the operation. The Committee requests the Government to provide information in future reports on the effect given in practice to these provisions.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its last report.

Articles 3 and 7 of the Convention. Further to its previous comments noting the absence of legislation to limit the weight of loads which can be transported manually by adult men, women and young workers, the Committee notes with interest the adoption of Order No. 1211-T of 19 March 1993 under section 5 of Decision No. 34/CP of 23 February 1989 respecting minimum health and safety requirements for the manual handling of loads involving risks to workers, particularly to the back and lumbar regions. Section 3 of the Order states that "where recourse to manual handling is inevitable and the mechanical aids referred to in section 2(1) cannot be used, a worker shall only be allowed to carry regularly loads over 55 kg if he has been found fit by the occupational physician; it is prohibited to cause a single man to carry any load over 105 kg". Section 4 of the above Order provides that young workers under 18 years of age and women employed in the establishments referred to in section 1 of Decision No. 34/CP of 23 February 1989 may not carry, pull or push either inside or outside such establishments loads heavier than the weight limits established for the carrying of loads, of 15 kg for male workers of 14 or 15 years of age, 20 kg for those of 16 or 17 years of age, and 8, 10 and 25 kg respectively for women workers of 14, 16 and 18 years of age.

The Committee notes that this Order establishes limits which did not exist before. However, with regard to the maximum weight established for the carrying of loads by adult males, the Committee notes that the absolute limit is set at 105 kg and that a worker can even be permitted to carry regularly loads heavier than 55 kg if he has been found fit by the occupational physician.

The Committee is concerned by the question of the basis on which the occupational physician could reach the conclusion that a worker would be fit to carry manually on a regular basis loads over 55 kg without endangering his health or safety. In this respect, the Committee draws attention to Recommendation No. 128 concerning the maximum permissible weight to be carried by one worker, which states in Paragraph 14 that, where the maximum permissible weight which may be transported manually by one adult male worker is more than 55 kg, measures should be taken as speedily as possible to reduce it to that level. The Committee also refers to the publication Maximum weight in load lifting and carrying in the Occupational Safety and Health Series of the International Labour Office, in which it is indicated that 55 kg is the limit recommended from the ergonomic point of view for the admissible weight of loads to be transported occasionally by an adult male worker between 19 and 45 years of age. Similarly, it states that 15 kg is the limit recommended from an ergonomic point of view for the load permitted to be lifted and transported occasionally by adult women. The Committee hopes that the Government will keep the question under examination with a view to reducing the permitted weight of loads which may be carried by adult workers of both sexes and that it will indicate any measure taken to this effect.

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

The Committee takes note of the information supplied by the Government in its report.

1. In its previous direct request, the Committee referred to the lack of any provisions to give effect to Article 3 (that no worker shall be required or permitted to engage in the manual transport of a load which by reason of its weight is likely to jeopardise his health or safety), Article 4 (that members shall take account of all the conditions in which the work is to be performed) and Article 6 (that suitable technical devices shall be used in order to limit or facilitate the manual transport of loads) of the Convention.

The Committee notes that, in its last report, the Government states that the measures adopted by the authority responsible for health and safety and working conditions have established regulations giving general effect to the Convention but that specific measures have not yet been adopted to avoid making the new labour legislation cumbersome, as it is already considerably more voluminous than the former legislation. According to the Government, it is clear that, two years after the entry into force of the above measures, the various general legislation already existing enabled the very rare concrete problems that arose to be solved satisfactorily.

The Committee wishes to stress the importance for the health of the workers concerned, of determining the maximum weight of loads and of taking into account factors such as topography, climate, distance, lifting and frequency.

In this connection, the Committee draws the Government's attention to the contents of Recommendation No. 128 concerning the maximum permissible weight to be carried by one worker. It also invites the Government to become acquainted with the brochure "Maximum weight in load lifting and carrying", Occupational Safety and Health Series, No. 59, International Labour Office, Geneva, 1988.

The Committee asks the Government to provide information on the application in practice of the provisions of the Convention referred to.

2. The Committee notes that there is no provision in the national legislation giving effect to Article 7 of the Convention (limitation of the assignment of women and young workers to manual transport of loads other than light loads; limitation of the maximum weight of loads to be transported by women and young workers, which must be substantially less than that permitted for adult male workers).

The Government indicates that the Orders provided for in section 5 of Decision No. 34 of 23 February 1989 are to be prepared in the near future after consultation with the social partners. The Committee hopes that the above Orders will be adopted shortly and asks the Government to provide information on developments in this respect.

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

1. The Committee has taken note of the information supplied by the Government in its report. It has taken note of the resolutions of the Congress of the Territory of New Caledonia No. 33 of the 1.09.88, concerning methods of applying articles 47, 48 and 49 of Ordinance No. 85-1181 of 13.11.85, and No. 34 of 23.02.89 on general health and safety measures, section 2 of which gives effect to the provisions of Article 5 of the Convention (that workers assigned to manual transport of loads shall receive training in working techniques with a view to safeguarding health and preventing accidents). It also notes Decree No. 88-3395 stipulating the information to be included in the report required under article 18 of resolution No. 33 of 1.09.88 and Decree No. 88-634 fixing the maximum weights to be borne by cables, loading chains and cords made of natural and synthetic fibres used to carry out construction work, public works and all other work involving buildings.

2. The Committee has noted that the creation of committees on health, safety and working conditions, provided in resolution No. 33 of 1.09.88, can help to improve working conditions and protect the safety of the workers. None the less, it notes that the legislation attached to the Government's report contains no provision for specific measures designed to give effect to the following provisions of the Convention: Article 3 (that no adult worker of the male sex shall be required or permitted to engage in the manual transport of a load which by reason of its weight is likely to jeopardise his health or safety; Article 4 (that members shall take account of all the conditions in which the work is to be performed); and Article 6 (that suitable technical devices shall be used in order to limit or to facilitate the manual transport of loads).

3. Article 7. According to the provisions of section 5 (paragraphs 4 and 5) of resolution No. 34 of 23.02.89, decisions by the competent authority shall determine the types of work in which women and young workers under the age of 18 years may not be permitted or required to engage. The Committee would be grateful if the Government would indicate whether the manual transport of loads which, by reason of their weight, would be likely to jeopardise the health or safety of women and young workers is to be included in the above types of work, and what action has been taken or planned to give concrete form to the restrictions arising from Article 7 of the Convention.