Maximum Weight Convention, 1967 (No. 127) - Thailand (Ratification: 1969)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive review of the issue relating to the application of the Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 127 (maximum weight) and 187 (promotional framework for OSH) together.

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

The Committee notes the Government’s first report as well as its report submitted in 2019.

Article 2(2) and (3) of Convention No. 187. Taking into account the principles set out in relevant ILO instruments. The Committee notes the Government’s indication that the national OSH profile was developed and published, in accordance with the guidance in the Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197). The Government also indicates that it will be ready to ratify the Occupational Safety and Health Convention, 1981 (No. 155) by the end of the second phase of the National OSH Agenda in 2026 according to the administrative roadmap of the Ministry of Labour. It states, that the ratification of other relevant OSH Conventions is under consideration, including through consultations with the tripartite National OSH Committee. The Committee requests the Government to continue to provide information on the consideration given to the ratification of relevant OSH Conventions, including progress made towards the ratification of Convention No. 155. It requests information on the consultations held in that respect, including in the National OSH Committee.

Articles 3 and 4(1). National policy and establishment, maintenance, progressive development, and periodical review of a national system for OSH, in consultation with the most representative organizations of employers and workers. The Committee notes the Government’s indication that the tripartite National OSH Committee, pursuant to sections 24–31 of the Occupational Safety, Health and Environment Act B.E. 2554 (A.D. 2011) (OSH Act), functions as a body to review, develop and make recommendations for the improvement of the national OSH system, in consultation with the representatives of employers’ and workers’ organizations. It further notes that the subcommittee of the National OSH Committee or the Administrative Committee for the National OSH Agenda monitor, evaluate and review the national OSH policy and programme. The Committee requests the Government to provide information on the role and the composition of the Administrative Committee for the National OSH Agenda and the subcommittees under the OSH Committee.

Article 4(2)(c). Mechanisms for ensuring compliance. The Committee notes the information provided by the Government that the Department of Labour Protection and Welfare employs over 400 OSH inspectors and carries out OSH inspections. Chapter 5 of the OSH Act defines the powers and authorities of OSH inspectors and Chapter 8 of the OSH Act contains penalty provisions. The Department of Labour Protection and Welfare has been strengthening compliance and enforcement activities at the central, regional and provincial levels through its agencies. The Committee requests the Government to provide information on the results of compliance and enforcement activities at the central, regional and provincial levels, as well as statistics of OSH inspection activities.

Article 4(2)(d). Cooperation between management, workers and their representatives. The Committee notes the Government’s indication that, under section 23(1) of the Ministerial Regulation on the administration and management of occupational safety, health and environment, B.E. 2549 (A.D. 2006), employers in workplaces with more than 50 employees are required to establish an OSH committee comprising members representing the employer and the workers, as well as a safety officer. These committees promote cooperation between management, workers and their representatives and workplace-related prevention measures. The Committee requests the Government to indicate the measures taken or envisaged, to ensure cooperation between management and workers and/or their representatives in small enterprises with fewer than 50 employees.

Article 4(3)(d). Occupational health services. The Committee notes the Government’s indication that the Ministry of Public Health is in charge of providing occupational health surveillance and services, through its network of hospitals and healthcare centres at the provincial and local levels. Health promotion is carried out using various forms of media, in order to transfer knowledge and guidelines on occupational health among workers and the public. Occupational health services cover all employees working at registered establishments. Hospitals or health services offer annual or periodical medical examinations. The Committee also notes that according to the national OSH profile, published in 2015, there are approximately 2,000 occupational physicians and occupational health nurses, and that the Occupational Health Nursing Association and the Occupational and Environmental Diseases Association are responsible for providing information, research, and educational services in the areas of occupational health services. The Committee requests the Government to provide further information on the provision of occupational health services at the workplace level.

Article 4(3)(f) and (g). Mechanisms for the collection and analysis of data on occupational injuries and diseases and collaboration with social security institutions. Application in practice. The Committee notes the Government’s indication that the Office of Workmen’s Compensation Fund (WCF) of the Social Security Office collects and develops data on occupational injuries and diseases through its database, based on the claims filed with the WCF. The Committee requests the Government to continue to provide information on the mechanisms for the collection and analysis of data on occupational injuries and diseases, taking into account relevant ILO instruments, and to indicate whether there are procedures for the notification of occupational accidents and diseases by employers. The Committee further requests the Government to provide statistical information related to occupational safety and health, including the number of recorded occupational accidents and cases of occupational diseases.

Article 4(3)(h). OSH in micro-enterprises, in small and medium-sized enterprises (SMEs) and in the informal economy. The Committee notes the information provided by the Government on the measures taken to extend OSH protection to those who work in SMEs and the informal economy. The Government indicates that according to the National Statistical Office, the majority of workers work in the informal economy, of whom 60 per cent work in agriculture. The Committee takes due note of the promotional activities (including training and guidelines) implemented by the Department of Labour Protection and Welfare (DLPW) aimed at extending OSH protection to persons working in SMEs, as well as participatory action-oriented training programmes such as the Work Improvement in Small Enterprises (WISE), the Work Improvement in Neighbourhood Development (WIND) and the Work Improvement for Safe Home (WISH), to support grassroots initiatives in informal economy workplaces. The Government also indicates that easy-to-apply training tools (such as illustrated checklists) have assisted workers in informal economy workplaces in identifying workable and low-cost solutions. The Government indicates that a review of the possibility of extending the scope of OSH laws is proposed, with a view to covering workers in the informal economy, such as in the agricultural and domestic work sectors. The Committee requests the Government to continue to provide information on the measures taken to extend OSH protection to workers in SMEs and the informal economy and on the results achieved. It also requests the Government to provide information on the outcome of the review of the possibility of covering workers in the informal economy under OSH laws and regulations.

Article 5(1). Implementation, monitoring, evaluation and periodic review of the national OSH programme. The Committee notes the National OSH Agenda Decent Safety and Health for Workers – Phase II (2017–26) and the second National Master Plan on OSH and the Environment (2017–21), which are both publicly available online. It notes that the National OSH Committee and subcommittees periodically review (twice a year) the results of the implementation of the National Master Plan on OSH and the Environment. The Committee requests the Government to provide information on the results achieved through the implementation of the Master Plan, including relevant statistics. It also requests the Government to provide information on any evaluation carried out of the Plan, in consultation with the social partners, and on how this evaluation contributes to the formulation of subsequent plans.

Maximum Weight Convention, 1967 (No. 127)

Article 7(1) and (2) of the Convention. Maximum weight of loads that can be transported by young workers. The Committee has over the years requested the Government to take measures to raise the age limit for assignment to manual transport of loads. In its previous comments, the Committee noted the Government’s intention to consider raising the minimum age of young workers who may be engaged in the manual transport of loads from 15 years to 16 years, in consultation with the employers’ and workers’ organizations. The Committee notes the information provided by the Government in reply, that the DLPW conducted a study on hazardous work for women and young workers, including those engaged in manual transport of loads. According to the survey results, the load limit under the Ministerial Regulation on maximum allowable weight of lifting, B.E. 2547 (A.D. 2004) might have certain effects on the health of young workers aged between 15 and 18 years old. The Government nonetheless indicates that the study had certain limitations. The DLPW therefore plans to gather more comparative information, including the standards on manual transport of loads at the international and in other Association of Southeast Asian Nations (ASEAN) countries, and then hold a public hearing among stakeholders in order to determine whether the age limit for manual transport of loads shall be raised through the amendment to the ministerial regulation. The Committee requests the Government to continue to provide information on any developments related to the age limit for the manual transport of loads, including a copy of the amended Ministerial Regulation, once adopted.

Application of the Convention in practice. The Committee notes the statistics of labour inspection activities, in reply to its previous request, according to which no violations of legal provisions related to maximum permissible weight limits were detected either in general inspections or inspections targeting child labour. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including the number of labour inspections, the number of violations found, and the number of penalties imposed.

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

Article 7 of the Convention. Female workers. In reply to the Committee’s previous comments, the Government indicates that the maximum weights to be transported manually by female workers and young female workers, currently fixed at 25 kg and 20 kg respectively, are adapted to present labour circumstances. It adds that it will consider their review upon request by the representative organizations of employers and workers. With regard to the age limit for assignment to manual transport of loads, the Committee notes the Government’s statement that it will consider raising the minimum age from 15 years to 16 years, when national labour circumstances so permit and in consultation with the representative organizations of employers and workers. The Committee requests the Government to continue to provide information on any measures, taken or envisaged, aimed at raising the age limit for assignment to manual transport of loads.

Application of the Convention in practice. With reference to its previous comments, the Committee notes the penalties applicable to an employer infringing the provisions on maximum permissible weight limits for manual transport of loads. It also takes note of the several initiatives undertaken by the Government to support the action of labour inspection services, including a call centre receiving labour complaints, the Thai Labour Standard voluntary audit and certification for employers and the strengthening of local communities’ networks to prevent labour law infringements. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including extracts from labour inspection reports indicating the number of labour inspection visits carried out and their results, the number and nature of contraventions reported and the sanctions imposed.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government in its latest report indicating the adoption of the Ministerial Regulation prescribing the Standard for Administration and Management of Occupational Safety, Health and Environment B.E. 2549 (2006) which gives further effect to Article 5 of the Convention. The Committee further notes the response provided by the Government regarding Articles 3 and 4. The Committee asks the Government to supply a copy of the abovementioned Ministerial Regulation with its next report; and to continue to provide information on legislative measures undertaken with regards to the Convention.

Article 7. Female and young workers. The Committee notes the information provided by the Government indicating that the Ministerial Regulation of B.E. 2547 (2004) prescribes the maximum weight to be lifted, carried on head or shoulders, pulled or pushed as 20 kg for young female employees between the ages of 15 and 18 years old and 25 kg for female workers. Noting its previous reference to the ILO publication “Maximum weights in load lifting and carrying”, which provides for 15 kg as the limit, recommended from an ergonomic point of view, admissible for occasional lifting and carrying for women aged between 19 and 45 years old and the terms of Article 7, the Committee reiterates its hope that the Government will re-examine the current limits of admissible loads to be transported manually by women and to provide information with its next report on measures taken in this respect.

The Committee further notes the Government’s response indicating that the Labour Protection Act 1998 prohibits the employment of persons aged under 15 years, including in work involving manual transport of loads. With reference to Paragraph 21 of the Maximum Weight Recommendation, 1967 (No. 128), the Committee hopes that the Government will undertake measures in the near future to raise the minimum age for assignment to manual transport of loads, to 16 years.

Part V of the report form. Labour inspection. The Committee notes the statistics provided by the Government from the 2007 report on labour inspection, including disaggregated data on the number of inspected employees, and information indicating that female employees in five establishments were assigned to manual transport of loads in excess of the weight permitted by law. The Committee requests the Government to provide further information on the measures taken by the labour inspectorate in the event of unlawful practice by an employer with regard to maximum permissible weight limits for manual transport of loads. With reference to its previous comments, the Committee also asks the Government to provide information on measures taken or envisaged to address the issue, raised by the National Congress of Thai Labour in its 2005 observations, on the inefficiency of labour inspection due to lack of personnel.

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

1. The Committee notes the information contained in the Government’s report and the attached legislation. It also notes the observations submitted by the National Congress of Thai Labour (NCTL) with respect to the efficiency of labour inspections.

2. Article 3 and 4 of the Convention. Maximum weight. The Committee notes with interest the adoption of the Ministerial Regulation prescribing the maximum weight to be carried by an employee, dated 23 April B.E. 2547 (2004), and which entered into force on 7 December 2004. It notes the Government’s statement that this Convention and Recommendation No. 128, as well as the ILO publication Maximum weights in load lifting and carrying (Occupational Safety and Health Series No. 59, Geneva, 1988) has been taken into consideration when adopting this Ministerial Regulation. The Committee notes that section 1(1) regulates the maximum weight to be lifted, carried on head or shoulders, pulled or pushed, of 50 kg for male workers, which is in accordance with the Convention. It notes that the maximum weight is 25 kg for young male employees between the age of 15 and 18 years old. However, noting the Government’s statement in its report that the maximum weight for male workers is 55 kg, while the Ministerial Regulation of 2004 states 50 kg, the Committee requests the Government to provide clarification on the maximum weight for male workers with its next report.

3. Article 7. Female and young workers. The Committee notes that under section 1(1) of the Ministerial Regulation of B.E. 2547 (2004), the maximum weight to be lifted, carried on head or shoulders, pulled or pushed is 20 kg for young female employees between the ages of 15 and 18 years old and 25 kg for female workers. It feels obliged to reiterate its previous reference to the ILO publication Maximum weights in load lifting and carrying which provides for 15 kg as the limit, recommended from an ergonomic point of view, admissible for occasional lifting and carrying for women aged between 19 and 45 years old. The Committee hopes that the Government will re-examine the current limits of admissible loads to be transported manually by women and to provide information with its next report on measures taken in this respect.

4. With respect to the Committee’s previously expressed concern regarding the minimum age for admission to employment, it notes the Government’s statement that this Ministerial Regulation of B.E. 2547 (2004) repeals the Ministerial Notification of 18 January B.E. 2533 (1990) authorizing the assignment of young persons aged between 13 and 15 years to manual transport of loads not exceeding 10 kg. The Committee requests the Government to provide information with its next report whether it confirms that the minimum age of employment is 15 years of age under section 44 of the Labour Protection Act, 1998.

5. Article 5. Training. The Committee notes that the notification of 27 June 1995 and the notification of 31 March 1997, provided by the Government, stating employers’ obligation to provide appropriate occupational training at operational level for those employees who are appointed employees’ representatives and that when trained they will be appointed as safety officers. It also notes that similar training courses are provided for employees at the supervisory and executive levels. The Committee requests the Government to provide information regarding training activities and instructions of workers prior to their assignment to work involving manual transport of loads.

6. Part V of the report form. Labour inspection. The Committee notes the observations of the NCTL alleging the inefficiency of labour inspection with respect to maximum weight due to the lack of personnel and proposing the creation of an agency to be responsible for this. The Committee invites the Government to provide its comments in this respect with its next report. It also asks the Government to provide detailed information on the practical application of the Convention, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, disaggregated by sex if available, the number and nature of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them.

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

Articles 3 and 4 of the Convention. The Committee notes with interest section 37 of the Labour Protection Act, 1998, prohibiting an employer from requiring an employee to lift, tote, carry with both hands, carry suspended from the ends of a pole across the shoulder, carry on the head, drag or push a heavy object in excess of the weights prescribed in Ministerial Regulations. As concerns the Ministerial Regulations to be issued in application of section 37 of the Labour Protection Act, 1998, the Committee notes that the Department of Labour Protection and Welfare is cooperating with the Research Institution of Chulalongkorn University with a view to conduct research on national maximum weight for various types of work according to the different nature of work, physiological characteristics and climatic conditions. The results of this research would serve as an important indicator regarding the determination of national maximum weight to be transported manually by an adult male worker. In this respect, the Committee draws the Government's attention 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 55 kg is the limit, recommended from an ergonomic point of view, of the admissible load for occasional lifting and carrying for a male worker between 19 and 45 years of age. The Committee hopes that the Ministerial Regulations in application of section 37of the Labour Protection Act will be issued in the near future and will take due consideration of the information contained in the above mentioned ILO publication on differentiated weight limits for lifting and carrying loads occasionally or more frequently, as well as the results of the research integrating the conditions in which the work is to be performed, in conformity with Article 4 of the Convention. It also requests the Government to supply a copy as soon as the Ministerial Regulations have been adopted.

Article 5. The Committee notes with interest the Notification of 31 March 1997 issued by the Ministry of Labour and Social Welfare prescribing, according to the Government's indications, the employer's obligation to arrange appropriate training at operational level as prescribed by the Director-General of the Department of Labour Protection and Welfare for those employees who are appointed employees' representative by the employer, in accordance with the Notification of 27 June 1995, issued by the Ministry of Labour and Social Welfare on the Occupational Safety, Health and Environmental Conditions Committee. The training courses must cover the subjects on the techniques and the safety of manual transport of loads, as determined by the training rules established by the Director-General of the Department of Labour Protection and Welfare. Following this training, the employees are appointed safety officers at the basic level of the workplace and should advise employees to comply with rules, regulations, orders, suggestions and measures relating to occupational safety. The Committee further notes the Government's indications to the effect that the above mentioned Notifications also provide for similar training courses for employees at the supervisory level. The Committee takes due note of the information provided by the Government. However, in order to be in a position to examine the extent by which these Notifications apply the provision of Article 5 of the Convention, the Committee requests the Government to supply copies of the Notifications to which reference has been made.

Article 7. The Committee notes section 39 of the Labour Protection Act, 1998, prohibiting for pregnant women to perform work of lifting, toting, carrying with both hands, carrying suspended from the ends of a pole across the shoulder, carrying on the head, dragging or pushing a heavy object in excess of 15 kg. With regard to women in general, the Committee notes, that the legislation remains unchanged. In its previous comments, the Committee had noted that the laws currently in force provide that the maximum loads to be transported by women is 30 kg for work performed on level ground and 25 kg for work requiring the climbing of a ladder or on any elevated surface (section 14 of the Notification of 16 April 1972 issued by the Ministry of Interior concerning labour protection).

As regards young workers, the Committee notes with interest section 44 of the Labour Protection Act, according to which the minimum age for employment is fifteen years of age. It further notes the provision of section 45, subsection 3 of the same Act providing for the employer's obligation to prepare a record of conditions of employment, at the disposal of the inspection service, in the event that a young person under the age of 18 is employed, and that the conditions of employment have been changed from the original conditions. The Committee finally notes clause 3 of the Notification of 18 January 1990, issued by the Ministry of Interior on the Description of Work and Working Place for Young Persons, specifying the kinds of work in which an employer may already engage young persons from 13 to 15 years of age. Subsection 5 of clause 3 permits the employment of young persons from 13 to 15 years of age in lifting, carrying or pulling loads of not more than 10 kg.

In this regard, the Committee observes a contradiction between the provisions found in section 44 of the Labour Protection Act, 1998, and clause 3, subsection 5 of the Ministerial Notification of 18 January 1990 as concerns the minimum age for admission to employment. According to section 44 of the Labour Protection Act, 1998, the minimum age for employment of young persons in general is 15 years. In contrast, clause 3, subsection 5 of the Ministerial Notification 1990 authorizes the assignment of young persons aged between 13 and 15 years to manual transport of loads not exceeding 10 kg. The Committee, noting that the Government, in its report, refers to both provisions, requests the Government to indicate whether the Ministerial Notification of 1990 is still in effect. If that is the case, the Committee recalls that Article 7 of the Convention provides for the limitation of the assignment of women and young workers to manual transport of loads. As regards young persons, Paragraphs 21 and 22 of Recommendation No. 128 stipulate that "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", and that "The minimum age for assignment to regular transport of loads should be raised, with a view to attaining the minimum age of 18 years". Where women and young workers 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 (Article 7 of the Convention). The Committee also refers to the ILO publication "Maximum weights in load lifting and carrying" (Occupational Safety and Health Series, No. 59, Geneva, 1988), indicating 15 kg as the limit, recommended from an ergonomic point of view, admissible for occasional lifting and carrying for a woman aged between 19 and 45 years. The Committee hopes that the Government will re-examine the current limits of admissible loads to be transported manually by a woman in the light of the information contained in the above mentioned ILO publication to ensure that the assignment of women to manual transport of loads other than light loads is limited. As the legal minimum age for assignment to manual transport of loads is only 13 years, the Committee requests the Government to indicate the measures taken or contemplated to raise the minimum age and to ensure that the assignment of young persons to manual transport of other than light loads is limited.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee has taken note of the information supplied by the Government.

Articles 3 and 4 of the Convention. The Committee noted that the national legislation does not contain provisions to give effect to Articles 3 and 4 of the Convention, which prohibit the manual transport by an adult male worker of a load which, by reason of its weight, is likely to jeopardize his health or safety, and provide that the conditions in which the work is to be performed shall be taken into account.

The Committee notes with interest from the Government's report that the Notification of the Ministry of Interior on Fishery provides for the maximum weight of 55 kg in respect of a load transported manually by an adult male worker, and that a provision concerning the maximum weight allowed to be transported manually by an adult male worker is envisaged in the Draft Legislation on Agriculture. The Committee would point out that relevant provisions should be adopted with regard to all branches of economic activity in respect of which the member concerned maintains a system of labour inspection, in accordance with Article 2, paragraph 2. The Committee hopes that account would also be taken of the conditions (nature of the work, physiological characteristics, climatic conditions, etc.), in conformity with Article 4. The Committee requests the Government to take the necessary measures to complete the national legislation in this respect, and to indicate the progress made in this direction.

Article 7. In its earlier comments, the Committee noted that the laws that are currently in force provide that the maximum weight of loads that may be transported by women is 30 kg for work performed on level ground and 25 kg for work requiring the climbing of a ladder or on any elevated surface (section 14 of the Announcement of the Ministry of the Interior respecting labour protection, dated 16 April 1972). As regards young workers, the Committee noted that the laws had authorized the manual transport of loads not exceeding 10 kg by children aged between 12 and 15 years (announcement of the Ministry of the Interior of 16 April 1972 respecting the employment of children who are over 12 years of age but still under 15 years). The Committee notes from the Government's report that the minimum age has been raised to 13 years and is expected to be raised further in steps until the age of 15.

The Committee requests the Government to supply a copy of this text with its next report and points out that Article 7 of the Convention provides for the limitation of the assignment of women and young workers to manual transport of loads and that, under the terms of Articles 21 and 22 of Recommendation No. 128, "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", "with a view to attaining a minimum age of 18 years". Where women and young workers 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 (Article 7 of the Convention).

The Committee also refers 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. As the legal minimum age for assignment to manual transport of loads is only 13 years and the maximum weight of loads that may be transported by women is 30 kg, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the assignment of women and young workers to manual transport of loads other than light loads is limited.

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

1. The Committee notes, from the Government's report, that the new legislation that is being prepared by the National Labour Advisory Council to give effect to the Convention is still under examination. In this respect, the Committee wishes to draw the Government's attention to the following questions, which were the subject of its previous comments.

Articles 3 and 4 of the Convention. The Committee noted that the national legislation does not contain provisions to give effect to Articles 3 and 4 of the Convention, which prohibit the manual transport by an adult male worker of a load which, by reason of its weight, is likely to jeopardise his health or safety, and provide that the conditions in which the work is to be performed shall be taken into account.

The Committee draw the Government's attention to the importance of establishing a maximum weight for loads which may be transported by adult male workers, and of taking into account the conditions in which the work is to be performed, such as the topography, climate, frequency, distance and the lifting of the load.

Article 7. The Committee notes that the laws that are currently in force provide that the maximum weight of loads that may be transported by women is 30 kg for work performed on level ground and 25 kg for work requiring the climbing of a ladder or on any elevated surface (section 14 of the Announcement of the Ministry of the Interior respecting labour protection, dated 16 April 1972). As regards young workers, the Committee notes that the laws that are currently in force authorise the manual transport of loads not exceeding 10 kg by children aged between 12 and 15 years (Announcement of the Ministry of the Interior of 16 April 1972 respecting the employment of children who are over 12 years of age but still under 15 years).

In this respect, the Committee points out that Article 7 of the Convention provides for the limitation of the assignment of women and young workers to manual transport of loads and that, under the terms of Articles 21 and 22 of Recommendation No. 128, "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", "with a view to attaining a minimum age of 18 years". Where women and young workers 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 (Article 7 of the Convention).

The Committee hopes that the new legislation will give effect to the Convention and requests the Government to base itself on Recommendation No. 128 and the ILO publication "Maximum Weights in Load Lifting and Carrying" (Occupational Safety and Health Series, No. 59, Geneva, 1988). The Committee requests the Government to supply information on the progress made with the draft legislation.

2. The Committee notes the information supplied by the Government on the application of Article 5 of the Convention.

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

In its previous comments, the Committee pointed out that the current legislation did not give full effect to the Convention. The Committee notes the Government's indications in its report that new legislation is being prepared: the Committee is therefore commenting on a number of questions relating to the application of the Convention in a request that is addressed directly to the Government.