Demande directe (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

Convention (n° 127) sur le poids maximum, 1967 - Venezuela (République bolivarienne du) (Ratification: 1984)

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

1. Article 7 of the Convention. (a) In previous direct requests, the Committee noted sections 112 of the Labour Act and 25 of the Act respecting young persons, which respectively prohibit the employment of young persons under 18 years of age in "work beyond their strength or such as to prevent or retard their normal physical development" and in "any work which is likely to be dangerous to their health, life or mortality". It further noted that sections 79 and 80 of the Regulations on Health and Safety establish a list of industries and types of work that are dangerous or unhealthy, and prohibit the employment of young persons in such work. It requested the Government to supply information concerning the expressions "work beyond their strength" and "dangerous to their health", as well as texts of relevant legal provisions, and whether such expressions include the manual transport of loads.

The Committee notes from the Government's latest report that certain types of work, because they involve risks to health and safety, are not permitted to be performed by young persons below the age of 18 under article 189 of the Regulations on Occupational Health and Safety of 31 December 1973. The report mentions in particular the loading and unloading of ships, which cannot be performed by a young person of less than 18 years, regardless whether the work is manual or mechanical. It likewise notes with interest the Government's indication that this matter will be further amplified under the new regulations of the Labour Law, which is currently being elaborated. The Committee trusts that the Government will supply it with the text of the new regulations once adopted, and that it will indicate, in its next report, such other types of work that involve the manual transport of loads which young persons are prohibited from performing because they have been determined as "work beyond their strength" and "dangerous to health".

(b) Referring to its previous comments on the placing of specific restrictions on the employment of women in the manual transport of loads, the Committee notes from the Government's latest report that section 223 of the Regulations on Health and Safety provides that female workers are not allowed to carry loads exceeding 20 kg. The Committee would refer the Government 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 the occasional lifting and carrying for a woman aged between 19 and 45 years. The Committee hopes that the Government, on the occasion of adopting new regulations on the subject, will re-examine the current limit of 20 kg with a view to further limiting the assignments of women workers to the manual transport of light loads, not exceeding as much as possible 15 kg, and that it will indicate the measures taken or envisaged to this end.

(c) The Committee likewise takes note of the Government's indication that its present legislation on the matter does not establish separate maximum weight restrictions for male young workers and adults, but that it has taken note of the situation and will prepare the corresponding regulations. The Committee accordingly hopes that appropriate measures will soon be taken so that the maximum weight of loads permitted to be carried by young workers will be substantially lower than for adults and that the Government will furnish the text of the relevant regulations once adopted.

2. Article 3. In its earlier direct request, the Committee asked the Government to supply information on the measures that have been taken to apply sections 122 of the Labour Act and 6 of the Basic Act in non-industrial sectors as regards the maximum weight that can be transported manually. The Committee takes note of the Government's explanation in its latest report that the Regulations on Occupational Health and Safety of 31 December 1973 must be construed to apply to all economic activities, in view of the absence of any reference to particular sectors. The Committee would appreciate it if the Government would supply in its next report information on the manner in which the Regulations on Occupational Health and Safety are applied to non-industrial sectors, including samples of appropriate inspection reports and statistics on inspections conducted to ensure that the maximum weight of loads established under the Regulations are observed in non-industrial sectors such as transport, commerce and agriculture.

3. Article 5. The Committee notes the information supplied by the Government in its latest report in reference to the Committee's previous comments under this Article of the Convention. The Committee hopes that it will continue to supply information on the practical application of section 222 of the Regulations on Occupational Health and Safety on training, instructions and notices given to workers employed in the manual transport of loads.

4. Article 6. The Committee notes the information supplied by the Government on the measures used to facilitate the transport of loads (i.e. use of motorized and electrical equipment, chains and pulleys, etc.). The Committee likewise notes that the utilization of wheelbarrows in respect of the transport of weight superior to 50 kg will be taken up in the elaboration of new regulations on the subject.

5. Article 8. The Committee notes the information supplied by the Government that the new members of the National Council on Prevention of Accidents and Health and Safety at Work have not yet been appointed. The Committee hopes that the Government will, as soon as the new members are designated, supply information on the consultations conducted in accordance with sections 8 and 9 of the Basic Act on Prevention of Accidents, Working Conditions and the Working Environment of 1986, as well as those conducted with a view to taking measures to give effect to the provisions of the Convention.