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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the joint observations of the International Organisation of Employers (IOE) and the Honduran National Business Council (COHEP), received on 28 August 2015.

Legislation. Technical assistance. With reference to its previous comments, the Committee notes that both the Government in its report and the IOE and COHEP indicate that there have been no changes in the national legislation. The Government indicates that it is currently analysing the proposal made by COHEP to bring the Labour Code and the Health Code into conformity with the Convention, as the only legislation that is currently up-to-date is the General Regulations on measures to prevent employment accidents and occupational diseases of 28 June 2004. The Government adds that the National Occupational Health Commission (CONASATH) was consulted on the possibility of requesting ILO technical assistance to give effect to the Convention, which is how COHEP indicated its agreement. The Committee notes the Government’s further indication that the Department of Foreign Cooperation of the Secretariat for Labour and Social Security sent a request to the ILO requesting technical assistance for the application of the Convention. The Committee hopes that the Office will provide the technical assistance requested by the Government.

Article 7 of the Convention. Young workers. With reference to its previous comments, the Committee notes the information provided by the Government that, according to the routine inspections conducted, young persons under 16 years of age have not been identified working in loading or unloading, or similar activities. The IOE and COHEP also indicate that enterprises in the formal economy do not employ persons under 16 years of age. The Committee notes the Government’s indication that the representative of the General Confederation of Workers (CGT) on the CONASATH considered it necessary to refer in the Government’s report to the work carried out by minors in the informal economy. According to the Government, even though workers in the informal economy are not covered by the national legislation, the Department of Services for Women and Young Workers has taken measures since 2014 with a view to taking action to bring institutions closer to the working population in the informal economy through the promotion of workers duties and rights. The Committee requests the Government to continue providing information on this subject.

Article 8. Consultation with the most representative organizations of employers and workers concerned. Measures to give effect to the Convention. With reference to its previous comments relating to the presidency of CONASATH, the Committee notes that CONASATH coordinates the action of the National Occupational Health Programme and, for that reason, is chaired by the Secretariat of Health, and not the Secretariat of Labour and Social Security. The Committee notes that, according to the IOE and COHEP, meetings of CONASATH have not started up again and employers and workers are “marginalized” in the decision making process. The Committee requests the Government to hold effective consultations with the most representative organizations of employers and workers concerned, and to provide information on any developments in this regard.

Application in practice. The Committee notes the Government’s indication that, at the request of COHEP, it is implementing the plan of action to strenghten inspection which, in the same way as other action that is being taken within the framework of the Central America Free Trade Agreement with the United States, is intended to reinforce the schedule of inspections. The Government adds that there exists preliminary draft legislation on the General Directorate of Labour Inspection which seeks to modernize inspection and respond to the difficulties identified. The Committee also notes the “Roadmap on the procedure for the application of ILO Convention No. 127 on maximum weight to ensure decent work”.

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

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

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

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

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

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