National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
In reply to the Committee of Experts' comments, the Government stated that a draft order laying down the maximum weight to be transported by one worker has just been sent to the central employers' and workers' organisations and some technical departments for their opinions. It is proposed to give effect to the Convention, including Articles 5 and 6, through this order.
In addition, a Government representative said that his Government had already explained to the Committee of Experts that a draft ministerial Order was being prepared in order to fix the maximum weight to be carried by one worker. This draft had now been prepared and communicated to the central organisations of employers and workers and to the relevant ministerial department for comments. All the provisions of the Convention would be applied in this draft, including Articles 5 and 6 which had been stressed in the comments of the Committee of Experts, and which referred to the training of workers and the use of technical devices for the transport of loads.
The Workers' members stressed that, since the ratification of the Convention in 1970, there had been no legislative or other measures to Provide for its application, and that since 1979 the Government had been referring to a draft ministerial Order. The requirements of the Convention were very elementary and should not raise difficulties of application. They were that no worker should be required or permitted to engage in the manual transport of a load which, by reason of its weight, was likely to jeopardise his health or safety; and that the maximum weight of a load to be carried by women and young workers should be substantially less than that permitted for adult male workers. It must be hoped that this would be the last time that promises would be made concerning the adoption of the draft ministerial Order, and that the information requested would be forwarded.
The Employers' members said that the substance of the comments by the Committee of Experts was very clear. The measures to be taken were of a technical nature and easy to apply if the political will existed. Given the many years of discussion, it must be hoped that the draft ministerial Order under consideration would soon be adopted, and that the Government would be able to indicate the measures taken in order to bring legislation into conformity with the Convention.
The Government representative indicated that this was no longer a question of promises, since the draft ministerial Order had been communicated to professional organisations and to the competent ministries.
The Committee took note of the information provided by the Government and its representative. The Committee noted that some further steps had been taken towards the adoption of the draft ministerial Order to give effect to the Convention but that this draft, as mentioned by the Committee of Experts, had now been under consideration since 1979. The Committee expressed its firm hope that the Government would endeavour to ensure its adoption in the very near future. The Committee also expressed its hope that the Government would report on the progress achieved as soon as possible.
Articles 3 and 7 of the Convention. Maximum weight. The Committee notes the information in the Government’s report. It notes with satisfaction the adoption of the Order of 14 February 2007 issued by the Ministry of Social Affairs, Solidarity and Tunisians Abroad, concerning workers engaged in the manual handling of loads, which gives full effect to the provisions of Articles 3 and 7 of the Convention. The new Order lowers the maximum weight of loads transported manually by adult male workers from 100 kilos to 55 kilos (section 5 of the Order) and the weight of loads transported manually by women workers of 18 years and over from 25 kilos to 15 kilos (section 6(1) of the Order).
The Committee notes the information contained in the Government’s report to the effect that a draft Order amending the Order of 5 May 1988 determining the maximum weight that may be transported by a single worker is the subject of consultation with the technical services concerned, and with employers’ and workers’ organizations. The Government adds that this draft text takes into account the observations made by this Committee and that a copy of the Order will be communicated to the ILO as soon as it is published in the Official Journal. In view of the time that has elapsed, the Committee trusts that the draft Order referred to above will be adopted in the very near future to give full effect to the provisions of Articles 3 and 7 of the Convention, on which the Committee has been commenting for several years.
[The Government is asked to report in detail in 2007.]
Referring to its previous comments, the Committee notes with regret that the draft order to amend the Order of 5 May 1988 determining the maximum weight that may be handled by a single worker has still not been adopted. Since 1997 the Government has been indicating that the draft in question has still to be submitted to the commission responsible for reviewing it and to the workers’ and employers’ organizations. In view of the time that has elapsed since then, the Committee is bound to express the hope that the draft order will be adopted promptly to give effect to Articles 3 and 7 of the Convention, which have been the subject of comments by the Committee for a very long time.
[The Government is requested to report in detail in 2006.]
The Committee notes the Government’s report and the information sent in reply to its previous comments. It draws the Government’s attention to the following points.
1. Article 3 of the Convention. Ever since the adoption of the Ministerial Order of 5 May 1988 determining the maximum permissible weight to be carried by a single worker, the Committee has been pointing out that 100 kg, the weight which may regularly be carried by a single worker, considerably exceeds the maximum of 55 kg advocated by Article 14 of the Maximum Weight Recommendation, 1967 (No. 128). The Committee has observed several times that consistent handling of such weights is liable to endanger the health and safety of workers. The Committee took note of the statement made by the Government in its report of 1997 that it would inform the Office of the results of the work done by the committee set up to revise the abovementioned Order in the light of the Committee’s comments as soon as it was completed. Moreover, in its report of 1999, the Government referred to a meeting held on 26 May 1999 by the committee in charge of revising the above Order which had examined ways and means of harmonizing the provisions of the Order with those of the Convention. The Government stated its intention of sending the results to the Office in its next report. In its last report, the Government states that a draft order to amend the Order of 5 May 1988, determining the maximum weight that may be handled by a single worker, has been drafted and that it reflects the comments the Committee has been making over the years. Furthermore, there has been consultation on the draft between the ministerial departments concerned and workers’ and employers’ organizations. The results of the consultations will be submitted to the committee in charge of revising the Order. Since it has been raising this matter for many years, the Committee cannot but reiterate the hope that the draft order amending the Order of 5 May 1988 will be adopted promptly and that the Government will be in a position to state in its next report that the amendments to the Order of 5 May 1988 have brought the legislation into line with the Convention.
2. Article 7, paragraphs 1 and 2. For a certain number of years, the Committee has been pointing out that under section 2 of the Order of 5 May 1988, the maximum permissible weight of loads to be transported manually by women aged 18 years or older was 25 kg. It drew the Government’s attention to a publication by the ILO: 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 by women aged between 19 and 45 years. The Committee again notes that for several years the Government has been stating its intention to revise the Order of 5 May 1988 determining the maximum load that may be handled by a single worker, and hopes that the revised order will comprise an amendment to that effect so as to ensure that the manual transport by women of light loads is limited in so far as possible to loads not exceeding 15 kg. The Committee hopes that the Government’s next report will contain information on measures giving full effect to the Convention.
The Committee notes that the Government’s report has not been received. 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 matters raised in its previous direct request, which read as follows:
With reference to its observation on the Convention, the Committee notes that the Government did not provide the information it had asked for. The Committee hopes that the Government will take the necessary measures to supply the necessary information in response to the following point. Articles 3 and 7, paragraphs 1 and 2, of the Convention. In its previous comments, the Committee noted that under the terms of section 2 of the Order of 5 May 1988, the limit set for the maximum permissible weight of loads to be transported manually by women aged 18 years or older is 25 kg. In this respect, it drew 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 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. The Committee once again notes the provisions of section 2 of the Order of 5 May 1988 with regard to the maximum weight of loads to be transported manually by women aged 18 years or older. It hopes that the commission entrusted with the revision of the Order of 5 May 1988 will also examine this question, with a view to limiting the manual transport of loads by women to light loads not exceeding, in so far as possible, 15 kg. The Committee hopes that the Government’s next report will contain information on the progress achieved in this respect.
With reference to its observation on the Convention, the Committee notes that the Government did not provide the information it had asked for. The Committee hopes that the Government will take the necessary measures to supply the necessary information in response to the following point.
Articles 3 and 7, paragraphs 1 and 2, of the Convention. In its previous comments, the Committee noted that under the terms of section 2 of the Order of 5 May 1988, the limit set for the maximum permissible weight of loads to be transported manually by women aged 18 years or older is 25 kg. In this respect, it drew 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 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. The Committee once again notes the provisions of section 2 of the Order of 5 May 1988 with regard to the maximum weight of loads to be transported manually by women aged 18 years or older. It hopes that the commission entrusted with the revision of the Order of 5 May 1988 will also examine this question, with a view to limiting the manual transport of loads by women to light loads not exceeding, in so far as possible, 15 kg. The Committee hopes that the Government’s next report will contain information on the progress achieved in this respect.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Article 3 of the Convention. The Committee notes the information provided by the Government in reply to its previous comments to the effect that the results of the work of the commission responsible for reviewing the Order of 5 May 1988, determining the maximum permissible weight to be carried by a single worker, will be transmitted to the Office once it has finished its work. The Committee hopes that the above commission will be able to conclude its work in the near future and that the Government will provide detailed information on its activities and on the manner in which the most representative organizations of employers and workers have been consulted on this matter, as well as on the measures which have been taken or are envisaged to lower the maximum admissible weight of loads which may be carried by a single worker, which is currently set at 100 kg, a weight which considerably exceeds the recommended maximum of 55 kg. The Committee is raising certain points in a request addressed directly to the Government.
Article 3 of the Convention. The Committee notes the information provided by the Government in reply to its previous comments to the effect that the results of the work of the commission responsible for reviewing the Order of 5 May 1988, determining the maximum permissible weight to be carried by a single worker, will be transmitted to the Office once it has finished its work. The Committee hopes that the above commission will be able to conclude its work in the near future and that the Government will provide detailed information on its activities and on the manner in which the most representative organizations of employers and workers have been consulted on this matter, as well as on the measures which have been taken or are envisaged to lower the maximum admissible weight of loads which may be carried by a single worker, which is currently set at 100 kg, a weight which considerably exceeds the recommended maximum of 55 kg.
The Committee is raising certain points in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
Articles 3 and 7, paragraphs 1 and 2, of the Convention. In its previous comments, the Committee noted that under the terms of section 2 of the Order of 5 May 1988, the limit set for the maximum permissible weight of loads to be transported manually by women aged 18 years or older is 25 kg. In this respect, it drew 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 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. The Committee once again notes the provisions of section 2 of the Order of 5 May 1988 with regard to the maximum weight of loads to be transported manually by women aged 18 years or older. It hopes that the commission entrusted with the revision of the Order of 5 May 1988 will also examine this question, with a view to limiting the manual transport of loads by women to light loads not exceeding, in so far as possible, 15 kg. The Committee hopes that the Government's next report will contain information on the progress achieved in this respect.
The Committee hopes that the Government will make every effort to transmit with its next report information on the measures adopted in order to give effect to the Convention.
(The Government is asked to report in detail in 2001.)
With reference to its observation on the Convention, the Committee requests the Government to provide additional information on the following point.
The Committee notes the information supplied by the Government in its latest report.
Article 3 of the Convention. The Committee notes the information provided by the Government in reply to its previous comments to the effect that the results of the work of the commission responsible for reviewing the Order of 5 May 1988, determining the maximum permissible weight to be carried by a single worker, will be transmitted to the Office once it has finished its work. The Committee hopes that the above commission, which was set up already in 1995, will be able to conclude its work in the near future and that the Government will provide detailed information on its activities and on the manner in which the most representative organizations of employers and workers have been consulted on this matter, as well as on the measures which have been taken or are envisaged to lower the maximum admissible weight of loads which may be carried by a single worker, which is currently set at 100 kg, a weight which considerably exceeds the recommended maximum of 55 kg.
The Committee hopes that the Government will make every effort to take the necessary measures to give effect to the Convention.
Referring to its observation on the Convention, the Committee requests the Government to supply additional information on the following point.
Articles 3 and 7, paragraphs 1 and 2, of the Convention. The Committee notes that under Article 2 of the Order of 5 May 1988, the limit set for maximum weight of loads to be transported manually by women aged 18 years or older is 25 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 occasional lifting and carrying for a woman aged between 19 and 45 years. The Committee hopes that the Government will re-examine the current limit of 25 kg with a view to further limiting the assignment 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.
The Committee notes the Government's statement that its comments have been brought to the attention of the Standing Committee of the National Council for the Prevention of Occupational Risks and will shortly be examined by a committee made up of the various parties concerned including employers' and workers' organizations.
The Committee recalls that its previous observation read as follows:
Article 3 of the Convention. In its 1994 observation on the Convention, the Committee noted that, pursuant to section 1 of the Order of 5 May 1988, the established maximum permissible weight to be carried by men, is set at 100 kg which considerably exceeds the recommended maximum of 55 kg. The Committee noted that regular manual transport of such loads is likely to jeopardize the health or safety of the workers, and requested the Government to re-examine the said provision in the light of the Convention and Recommendation No. 128. The Government, in its latest report, indicates that a commission will be established with the various parties concerned to examine the Committee's comments concerning the application of this Article of the Convention and that it will communicate to the Office the results of the commission's work in its next report. The Committee hopes that in this connection, account will be taken also of the information gathered by the medical services in non-agricultural enterprises and in ports in monitoring employees' health and physical aptitude -- information requested by the Committee in its previous observation, but not communicated by the Government -- as well as the possibilities created by the increasing mechanization of the transport of loads, referred to by the Government in its report, reducing the current limit of 100 kg maximum weight to be carried by one worker. The Committee hopes that the commission, referred to by the Government, will be able to conclude its work in the near future and that the Government will supply detailed information on the work of the commission and on the manner in which the most representative organizations of employers and workers have been or are being consulted on the matter, as well as on the measures taken or proposed to be taken to reduce the maximum permissible weight to be carried by one worker to a level that is not likely to jeopardize his health or safety.
The Committee notes the information supplied by the Government in response to its previous comments.
Article 3 of the Convention. In its 1994 observation on the Convention, the Committee noted that the established maximum permissible weight to be carried by men, which under section 1 of the Order of 5 May 1988, is set at 100 kg, considerably exceeds the recommended maximum of 55 kg. The Committee noted that regular manual transport of such loads is likely to jeopardize the health or safety of the workers, and requested the Government to re-examine the said provision in the light of the Convention and Recommendation No. 128. The Government, in its latest report, indicates that a commission will be established with the various parties concerned to examine the Committee's comments concerning the application of this Article of the Convention and that it will communicate to the Office the results of the commission's work in its next report. The Committee hopes that in this connection, account will be taken also of the information gathered by the medical services in non-agricultural enterprises and in ports in monitoring employees' health and physical aptitude - information requested by the Committee in its previous observation, but not communicated by the Government - as well as the possibilities created by the increasing mechanization of the transport of loads, referred to by the Government in its report, reducing the current limit of 100 kg maximum weight to be carried by one worker. The Committee hopes that the commission, referred to by the Government, will be able to conclude its work in the near future and that the Government will supply detailed information on the work of the commission and on the manner in which the most representative organizations of employers and workers have been or are being consulted on the matter, as well as on the measures taken or proposed to be taken to reduce the maximum permissible weight to be carried by one worker to a level that is not likely to jeopardize his health or safety.
[The Government is asked to report in detail in 1997.]
The Committee notes the information supplied by the Government in its report in reply to the comments concerning the application of the provision of Article 5 of the Convention.
The Committee notes that the Government's report contains no reply to other part of its comments. It hopes that the Government's next report will include full information on the matters raised in its previous observation, which read as follows:
Article 3 of the Convention. The Committee noted that section 1 of the Order of 5 May 1988 establishes the maximum permissible weight to be carried regularly by men at 100 kg, which considerably exceeds the maximum of 55 kg recommended in Paragraph 14 of the Maximum Weight Recommendation, 1967 (No. 128). The Committee pointed out that under Article 3 of the Convention 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. In the Committee's opinion, the regular manual transport by a man of loads that may weigh up to 100 kg is likely to jeopardise his health or safety. The Committee therefore hoped that the Government would take the necessary measures in the near future to give full effect to Article 3 of the Convention.
The Committee notes the information supplied by the Government respecting the medical services in non-agricultural enterprises (section 153 of the Labour Code, the framework collective agreement of 20 March 1973) which are responsible for monitoring the health of the staff, their physical aptitude for the work they are required to perform, both at the time of recruitment and during employment, and for protecting them against dangers to their health to which they may be exposed due to their occupation. It also notes the national collective agreement for ports and docks, concluded on 29 April 1975, which provides, in section 29, for the establishment and installation, in each port, of a medical service responsible for monitoring the health of employees and the dependent members of their familites, their physical aptitude for the work they are required to perform and for protecting them from the dangers to their health to which they may be exposed.
The Committee requests the Government to supply information on the surveillance exercised by these services with regard specifically to workers employed in the manual transport of loads, and to supply, for example, copies of the reports that have been made on the health of these workers.
Furthermore, in view of the very high maximum weight established in section 1 of the Order of 5 May 1988, the Committee requests the Government to re-examine this provision in the light of the Convention and of Recommendation No. 128.
Article 6. The Committee noted, from the Government's report, that ever-increasing mechanisation is being noted in enterprises, which limits and facilitates the manual transport of loads. It requests the Government to supply more detailed information on the technical devices used in accordance with Article 6 of the Convention to limit or facilitate the manual transport of loads.
Article 7, paragraph 1. The Committee noted that the Order of 5 May 1988 does not contain a provision giving effect to Article 7, paragraph 1, of the Convention, under which the assignment of women and young workers to the manual transport of loads other than light loads shall be limited.
The Committee notes the Government's statement that the reduction of the maximum weight of loads that may be transported by women and young workers, provided for in the Order of 5 May 1988, is such as to limit the assignment of these two categories of workers, and that certain types of transport are prohibited under the above Order for women and young workers, such as transport on goods tricycles with pedals, which is prohibited for women of any age.
The Committee requests the Government to supply information in future reports on any measure that is taken to limit the assignment of women and young workers to the manual transport of loads.
Article 5. The Committee noted that the Tunisian Association for Safety and the Improvement of Working Conditions is making workers and enterprise managers aware of the methods of carrying loads, particularly through the organisation of seminars and the dissemination of posters. In view of the extremely high maximum weight established in section 1 of the Order of 5 May 1988, the Committee emphasised the particular importance of the training measures provided for in Article 5 of the Convention to safeguard health and prevent accidents. It requested the Government to supply more detailed information on the training activities undertaken, in accordance with this Article of the Convention, and, more particularly, on the frequency and content of the above-mentioned programme of seminars, and it requested the Government to send copies of the posters disseminated by the above Association.
The Committee notes, from the Government's report, that the Tunisian Association for Safety and the Improvement of Working Conditions (ATSACT), which comes under the authority of the Ministry of Social Affairs, includes among its responsibilities the promotion of measures for the physical protection of workers, and that it undertakes several types of training activities intended to develop the spirit of occupational health and safety and to impart knowledge concerning the prevention of occupational risks through periodical training cycles, specialised training sessions and training upon demand.
The Committee notes that the training courses to which the Government refers are intended for instructors, middle-level managers and foremen. The Committee requests the Government to supply information on the methods used to disseminate this training to workers assigned to the manual transport of loads.