Maximum Weight Convention, 1967 (No. 127) - Guatemala (Ratification: 1983)

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

Articles 3 and 7 of the Convention. Maximum weight of loads transported by an adult worker. With reference to its previous comments, the Committee notes with interest the adoption of Government Decision No. 229–2014, containing the new Regulations on occupational safety and health, and particularly the provisions respecting the manual handling of loads (sections 87–92) of the Regulations, which give effect to Articles 3 and 7 of the Convention.

Article 5. Measures to ensure that workers receive adequate training or instruction in working techniques with a view to safeguarding health and preventing accidents. In its previous comments, the Committee requested the Government to provide information on the form of the training and instruction that is given to workers before they are assigned to work involving the manual transport of loads, including information on the recommendations of the Guatemalan Social Security Institute (IGSS). The Committee notes section 91 of the Government Decision referred to above, under which men and women workers shall be trained in the application of the kinetic method, and section 197(h) of the Labour Code, which establishes the requirement for employers to engage in regular training activities for workers on safety and hygiene. The Committee also notes the information provided by the Government in its report that the tools used to inform workers are: (1) internal work rules approved by the General Labour Inspectorate; and (2) enterprise rules on occupational safety and hygiene, with the technical assistance of the inspectors of the Occupational Safety Department of the Directorate of Social Welfare and the IGSS. The Committee requests the Government to provide information on the training provided to workers before they are assigned to work involving the manual transport of loads.

Article 7. Young workers. The Committee notes that section 90(1) of Government Decision No. 229-2014 raises the minimum age from 13 to 16 years for the manual handling of loads under special conditions which do not represent a danger for the physical and mental health and overall development of the worker, in accordance with Paragraph 21 of Maximum Weight Recommendation, 1967 (No. 128). The Committee also notes section 7(c) of Government Decision No. 250-2006, which prohibits work involving the manual transport of loads for persons under 18 years of age. The Committee draws the Government’s attention to the guidance contained in Paragraph 22 of Recommendation No. 128, according to which the minimum age for assignment to the 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 indicate whether it plans to adopt measures to harmonize the provisions of Government Decision No. 229-2014 with those of Government Decision No. 250-2006 with a view to raising the minimum age for employment on the regular manual transport of loads to 18 years.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 3 and 7 of the Convention. Maximum weight of loads transported by an adult worker. For more than ten years the Committee has been repeatedly asking the Government to amend section 6 of Agreement No. 885 of the Executive Board of the Guatemalan Social Security Institute (IGSS), and has noted the Government’s statement in successive comments that approval of the Occupational Safety and Health Regulations was imminent and that the latter would form the basis for amending the aforementioned Agreement. According to section 6 of the Agreement, the maximum weight that can be lifted by an able-bodied male under 60 years of age is 120 lb (60 kg) and the maximum weight that can be lifted by an able-bodied female under 50 years of age is 60 lb (30 kg). In its previous comments, the Committee has repeatedly asked the Government to take steps to amend Agreement No. 885 and, in the meantime, to take the necessary steps to ensure the full and binding application of these provisions of the Convention and to supply information in this respect. The Committee notes that the Government has not supplied any information on the amendment of the Agreement and the possible approval of the Occupational Safety and Health Regulations. It also notes a report from the IGSS attached to the Government’s report, according to which the maximum recommended weight under ideal handling conditions is 25 kg and that women, young workers and older workers should not handle loads exceeding 15 kg. The report indicates that under special circumstances able-bodied, trained workers could handle loads up to 40 kg, provided that such work is occasional and performed under safe conditions. The report also refers to appropriate postures and preventive measures where the indicated weights are exceeded, mentioning as an example the use of mechanical aids and the lifting of loads by two or more persons. The Committee notes that the measures indicated in the report give effect to these provisions of the Convention but that they are not binding. It notes the discrepancy between these IGSS recommendations and Agreement No. 885, also of the IGSS, which is binding. The Committee requests the Government to take the necessary measures to bring IGSS Agreement No. 885 into conformity with the Convention, possibly using as a basis the Maximum Weight Recommendation, 1967 (No. 128), and the IGSS recommendations which the Government attached to its report, and to send information on any further developments in this regard.

Article 5. Steps to ensure that workers receive adequate training or instruction in working techniques, with a view to safeguarding health and preventing accidents. The Committee again requests the Government to provide information on the form of the training and instruction that is given to workers before they are assigned to work involving the manual transport of loads, and to include information on the IGSS recommendations.

Article 7. Young workers. The Committee notes the Government’s statement that section 7 of Agreement No. 885 states that young persons over 13 years of age may lift, transport or move loads with weights appropriate to their respective ages, provided that this does not jeopardize their health or safety. The Committee refers to Paragraphs 19–23 of Recommendation No. 128, and in particular Paragraph 21, which states 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 Paragraph 22, which states that 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 take the necessary steps to bring its law and practice into conformity with the Convention, to consider the guidance given by Recommendation No. 128, and to provide information on this matter, including detailed information on the sectors in which young persons perform tasks involving the manual transport of loads. The Committee also refers to this matter in its comments on the Minimum Age Convention, 1973 (No. 138).

Part V of the report form. Application in practice. In its previous comments the Committee noted the Government’s statement that there are no statistics on infringements relating to the handling of loads because there have been no complaints from workers. The Committee asked the Government to clarify on what legal basis workers could make complaints. The Committee notes that the Government has not provided any information in this respect and that the statistics supplied do not refer to the matters covered by the present Convention. The Committee requests the Government to clarify whether the labour inspectorate conducts inspections in the areas covered by the Convention and applies the relevant provisions to both scheduled inspections and the handling of complaints. The Government is also requested to indicate the sectors of activity with the greatest concentrations of workers who handle loads, including the extent to which such activity occurs in agriculture and mining and the manner in which the Government ensures the application of the provisions of the Convention.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 3 and 7 of the Convention. Maximum weight of loads transported by an adult worker. With reference to its previous comments, the Committee again notes with regret that, despite repeated comments made for more than ten years, the Government has still not adopted the new Occupational Safety and Health Regulations. The Committee emphasizes that the indication that new legislation is being drawn up does not free the Government from the obligation to ensure the application of the provisions of the Convention during the transition period and to supply such information in its report. The Committee urges the Government to adopt the aforementioned Regulations and, in the meantime, to take all necessary steps to ensure the full and binding application of these provisions of the Convention and to supply information in this respect.

Article 5. Steps to ensure adequate training in working techniques with a view to safeguarding health and preventing accidents. The Committee notes that, according to information supplied by the Guatemalan Social Security Institute, training activities in 2009 included providing workers with information on appropriate methods for the manual lifting of loads. The information is provided through occupational safety and health committees in workplaces. The Committee requests the Government to continue to supply information in this regard.

Part V of the report form. Application in practice. The Committee notes that 690 occupational safety and health committees have been set up in enterprises since 2006. It notes the Government’s statement that there are no statistics on infringements relating to the handling of loads because there have been no complaints from workers. It further notes the statement in the report that, when inspections are made, checks are carried out to ensure that employers are providing workers with training in the handling of loads; recommendations are made that lifting should be by mechanical means; and, if manual lifting is involved, that the provisions on maximum weight set forth in the Recommendation related to the Convention are respected. Account is also taken of the attached appendices. With regard to the statement that no complaints have been made by workers in relation to maximum weight, the Committee requests the Government to clarify on what basis complaints may be made, given that according to available information the maximum weight established by the Convention is not enshrined in law. The Committee requests the Government to continue to supply the information required in relation to this paragraph.

[The Government is asked to reply in detail to the present comments in 2012.]

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

1. The Committee notes the information contained in the Government’s report and the attached documents.

2. Articles 3 and 7 of the Convention. Maximum weight of loads transported by an adult worker. The Committee regrets to note that, despite its repeated comments over the last ten years, the Government has still not been able to promulgate the draft safety and health regulations that take into account the Maximum Weight Recommendation, 1967 (No. 128), of the ILO. The Committee understands that, even though the Department of Occupational Hygiene and Safety verifies that the manual transport of loads does not present a risk to the health of workers, section 6 of Agreement No. 885 of the Executive Board of the Guatemalan Social Security Institute, concerning the maximum weight that may be transported by a single worker still remains in effect. According to this section, the weight that may be lifted by a healthy male adult under 60 years of age is 120 pounds, in other words 60 kg, and the weight that may be lifted by a healthy female adult under 50 years of age shall not exceed 60 pounds, or 30 kg. In the light of this, the Committee urges the Government to promulgate, in the very near future, the new regulations on occupational safety and hygiene that envisage new limits for the maximum loads that can be carried by a single worker, and requests the Government to provide information on any progress made in this regard.

3. Article 5. Steps to ensure that workers receive adequate training or instruction in working techniques, with a view to safeguarding health and preventing accidents. The Committee notes the Government’s reference to the training activities in respect of physical loads, ergonomics and load handling, carried out by the Guatemalan Social Security Institute in 2004 and 2005. While taking due note of the information submitted, the Committee invites the Government to continue providing information on the training and instruction that is given to workers before they are assigned to work involving the manual transport of loads.

4. Part V of the report form. Application of the Convention in practice. The Committee asks the Government to provide information on the application of the Convention in practice throughout the country and to supply, for instance, extracts of inspection service reports and, if available, information on the number and nature of the violations reported and the measures taken as a result.

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

The Committee notes the information supplied by the Government in its latest report. Further to its previous comment, it wishes to draw the Government’s attention to the following points:

1.  Articles 3 and 7 of the Convention.  The Committee notes the provisions of Administrative Order No. 885 of 26 March 1990 in application of, inter alia, the occupational safety and health provisions of the Labour Code. Section 202 of the Labour Code provides for the promulgation of regulations to specify the admissible weight of loads to be transported by a single person, with due consideration being given to factors such as the age, sex and physical condition of the worker. In this respect, the Committee notes the provisions of section 6 of Administrative Order No. 885, 1990, providing that the maximum weight that may be carried by a male worker under the age of 60 is 120 pounds, equivalent to 60 kg. The Committee therefore wishes to draw the Government’s attention to Paragraph 14 of the Maximum Weight Recommendation, 1967 (No. 128), which provides that where the maximum permissible weight which may be transported by one adult male worker is more than 55 kg, measures should be taken as speedily as possible to reduce it to that level. It also refers to the recommendations contained in the ILO publication "Maximum weights in load lifting and carrying" (Occupational Safety and Health Series, No. 59, Geneva, 1988) indicating 55 kg as the limit recommended from the ergonomic point of view which may be lifted occasionally by a male worker between 19 and 45 years of age, and 45 kg is the limit recommended for male workers over the age of 45.

The Committee further notes that section 6 of Administrative Order No. 885, 1990, determines 60 pounds, equivalent to 30 kg, as being the maximum weight that may be transported by a healthy female worker under the age of 50. The Committee referring again to the abovementioned ILO publication 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 an adult woman, and 10 kg is the limit recommended in the case of a more frequent lifting and carrying of loads.

The Committee, however, notes with interest the Government’s indication that a pre-draft concerning a new regulation on hygiene and security is under preparation providing for a maximum weight of 50 kg that may be carried by a male worker. It also notes with interest that discussions between the Ministry of Labour, the employers and workers have been started to this effect. Nevertheless, the Committee invites the Government to reconsider as well the provision of section 6 of Administrative Order No. 885, 1990, with respect to the maximum weight that may be carried by a female worker. The Committee hopes that the new regulation on hygiene and security providing for new limits concerning the maximum weight that may be transported by a single worker will be issued in the near future.

2.  Article 5.  The Committee notes with interest section 2 of Administrative Order No. 885, 1990, providing that every worker assigned to the manual transport of loads must get instructions, prior to such assignment, on methods of lifting loads correctly according to the different types of loads to be transported. The Committee further notes the information supplied by the Government to the effect that the School of Capability of the Security and Hygiene Section, which is a branch for formal education, has established a new education method which is called "school without walls". According to the Committee’s understanding, this school provides training to the workers directly at enterprise level which facilitates the workers’ access to training. The Government further explains that, at present, all information and training-related activities are carried out in accordance with the provisions of Administrative Order No. 1002, 1995, concerning the protection of accidents, and that the Technical Institute on Capability and Productivity (INTECAP) is responsible to carry out basic activities related to occupational safety and health (section 4 of Decree No. 17-72 issued by the Congress of Guatemala). With regard to the promotion and dissemination of information on the manual transport of loads, the Committee notes that the Institute of Social Security has published information material concerning the correct lifting of loads with due view to ergonomic demands. The Committee taking due note of this information would invite the Government to continue to provide information regarding training activities and instructions of workers prior to their assignment to work involving manual transport of loads.

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

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

Articles 3, 7 and 8 of the Convention. In earlier comments, the Committee noted that section 202 of the Labour Code provides for the promulgation of regulations to specify the admissible weight of sacks to be transported or loaded by a single person, with due consideration being given to factors such as the age, sex and physical condition of the workers. It also noted that section 148(a) of the Labour Code provides for the promulgation of regulations to specify the unhealthy or dangerous jobs where the employment of women and young workers should be prohibited. The Committee expressed the hope that these regulations would be adopted in the near future so that the admissible weight of loads to be transported or loaded by a single person would be specified in order to give effect to Article 3 of the Convention and that the employment of women and young workers in the manual transport of loads would be limited in accordance with Article 7 of the Convention.

In its report for the period 1988-90, the Government indicated that the Occupational Health and Safety Section of the Guatemalan Social Security Institute had drafted an Agreement concerning the maximum load that may be carried by workers, which would be the subject of consultations with the most representative workers' and employers' organizations. In its latest report, the Government indicates that in practice, it is recommended that the weight be above 100 lb. only if and when the physical strength of the worker so permits, but that the draft Agreement is still being studied with a view to its approval.

In this connection, the Committee again draws attention to paragraph 14 of the Maximum Weight Recommendation, 1967 (No. 128) which provides that where the maximum permissible weight which may be transported by one adult male worker is more than 55 kg, measures should be taken as speedily as possible to reduce it to that level. It also refers to the publication "Maximum weights in load lifting and carrying" published by the International Labour Office as No. 59 in the series "Occupational safety and health", which contains information on differentiated weight limits for lifting and carrying loads occasionally or more frequently, for men, women and young workers.

The Committee hopes that the necessary measures will soon be taken through regulations under the Labour Code, the Agreement under consideration or any other method consistent with national conditions, to ensure that no worker may engage in the manual transport of a load which by its weight is likely to jeopardize his health and safety, and that the assignment of women and young workers to manual transport of loads shall be limited to loads of a substantially lesser maximum weight.

Article 5. The Committee notes the information supplied by the Government that the Institute of Social Security, through the School for Training in Occupational Health, is training employers and workers and that it also issues posters with recommendations which are posted at worksites. It requests the Government to supply further details on training programmes being conducted for workers, prior to their assignment to work involving manual transport of loads and to forward specimen copies of relevant posters.

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

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 3 of the Convention. In its earlier comments the Committee had noted section 202 of the Labour Code under which: "The weight of sacks containing produce or merchandise of any kind which are to be transported or loaded by a single person shall be specified in relevant regulations, with due consideration for factors such as age, sex and the physical conditions of the employee concerned".

The Committee has taken note of section 69 of the General Regulations on Health and Safety at Work of 1957 referred to by the Government in its report, adopted under above-mentioned section 202, which prescribes that: "The loads to be transported by workers shall be suited to their physical powers, regard being had to the nature, form, weight and volume of the loads and the distance and road to be travelled".

However, the Committee observed that neither section 202 of the Labour Code nor section 69 of the Regulations on Health and Safety establish the maximum weight of loads to be transported manually.

The Committee noted with interest the indications in the Government's report, to the effect that a draft Agreement is currently being studied, concerning the maximum load that may be transported by workers, which has been drafted by the occupational health and safety division of the Guatemalan Social Security Institute.

In this connection, the Committee wishes to draw the Government's attention to the indications contained in the ILO publication "Maximum Weights in Load Lifting and Carrying" published in the Occupational Safety and Health Series, No. 59, Geneva, 1988. The Committee also refers to the content of Recommendation No. 128, regarding the maximum load that may be transported by a worker and in particular to Article 14 which advocates a maximum weight of 55 kilos for male adult workers.

The Committee hopes that the Agreement will contain provisions establishing the maximum weight which may be transported manually, thereby ensuring that better effect is given to the Convention, and asks the Government to continue to provide information on this matter and to supply a copy of the Agreement as soon as it is adopted.

Article 5 of the Convention. The Committee noted that the Government's report did not contain the information requested with regard to the training that any worker assigned to manual transport of loads other than light loads must receive prior to such assignment.

The Committee hoped that the Government would provide information on this matter in its next report.

Article 7(1) and (2) of the Convention. The Committee previously requested the Government to provide information on the measures taken or under consideration to enforce the obligation to limit the assignment of women and young workers to manual transport of loads other than light loads, and to establish a maximum weight which is substantially less than that permitted for adult male workers.

The Committee noted the Government's indication in its report that the labour legislation prescribes that the work of minors and women must be suited, in particular, to their age, physical state or condition and intellectual or moral development (section 147 of the Labour Code).

However, the Committee observes that a general provision of this nature is not sufficient to give effect to the provisions of the Convention.

The Committee hopes that the Agreement being prepared on the maximum load which may be transported manually will contain the necessary provisions to limit the assignment of women and young workers to manual transport of loads other than light loads, and to establish a maximum weight which is substantially less than that permitted for adult male workers.

Article 8 of the Convention. The Committee has taken note of the Government's statement, in response to its earlier comments, that the draft Agreement on the maximum load which may be transported by workers will be submitted to the most representative workers' and employers' organizations for consultation.

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

Article 3 of the Convention. In its earlier comments the Committee had noted section 202 of the Labour Code under which: "The weight of sacks containing produce or merchandise of any kind which are to be transported or loaded by a single person shall be specified in relevant regulations, with due consideration for factors such as age, sex and the physical conditions of the employee concerned".

The Committee takes note of section 69 of the General Regulations on Health and Safety at Work of 1957 referred to by the Government in its report, adopted under above-mentioned section 202, which prescribes that: "The loads to be transported by workers shall be suited to their physical powers, regard being had to the nature, form, weight and volume of the loads and the distance and road to be travelled".

However, the Committee observes that neither section 202 of the Labour Code nor section 69 of the Regulations on Health and Safety establish the maximum weight of loads to be transported manually.

The Committee notes with interest the indications in the Government's report, to the effect that a draft Agreement is currently being studied, concerning the maximum load that may be transported by workers, which has been drafted by the occupational health and safety division of the Guatemalan Social Security Institute.

In this connection, the Committee wishes to draw the Government's attention to the indications contained in the ILO publication "Maximum Weights in Load Lifting and Carrying" published in the Occupational Safety and Health Series, No. 59, Geneva, 1988. The Committee also refers to the content of Recommendation No. 128, regarding the maximum load that may be transported by a worker and in particular to Article 14 which advocates a maximum weight of 55 kilos for male adult workers.

The Committee hopes that the Agreement now under study will contain provisions establishing the maximum weight which may be transported manually, thereby ensuring that better effect is given to the Convention, and asks the Government to continue to provide information on this matter and to supply a copy of the Agreement as soon as it is adopted.

Article 5 of the Convention. The Committee notes that the Government's report does not contain the information requested with regard to the training that any worker assigned to manual transport of loads other than light loads must receive prior to such assignment.

The Committee hopes that the Government will provide information on this matter in its next report.

Article 7(1) and (2) of the Convention. The Committee previously requested the Government to provide information on the measures taken or under consideration to enforce the obligation to limit the assignment of women and young workers to manual transport of loads other than light loads, and to establish a maximum weight which is substantially less than that permitted for adult male workers.

The Committee notes the Government's indication in its report that the labour legislation prescribes that the work of minors and women must be suited, in particular, to their age, physical state or condition and intellectual or moral development (section 147 of the Labour Code).

However, the Committee observes that a general provision of this nature is not sufficient to give effect to the provisions of the Convention.

The Committee hopes that the Agreement currently being prepared on the maximum load which may be transported manually will contain the necessary provisions to limit the assignment of women and young workers to manual transport of loads other than light loads, and to establish a maximum weight which is substantially less than that permitted for adult male workers.

Article 8 of the Convention. The Committee takes note of the Government's statement, in response to its earlier comments, that the draft Agreement on the maximum load which may be transported by workers will be submitted to the most representative workers' and employers' organisations for consultation.