Maximum Weight Convention, 1967 (No. 127) - French Polynesia

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3 of the Convention. Maximum weight. The Committee notes the information that a new law on occupational safety and health has been prepared; that the vote on this legislation was due for 28 May 2010; and that following the adoption of this law, a decree fixing maximum weight limits in accordance with the Maximum Weight Recommendation, 1967 (No. 128) would be adopted after consultation with the social partners. The Committee notes that this legislation has not been available to the Committee. The Committee requests the Government submit copies of relevant legislation giving effect to this provision of the Convention.

Article 7. Assignment of women and young workers under 18 years of age to manual transport of loads. With reference to previous comments and indications by the Government regarding the implementation of this Article, the Committee notes that the Government now indicates that, following consultations with the social partners, a consensus had emerged that Decree No. 276/CW of 29 March 1994 should not be amended with reference to the fact that it was incumbent on occupational physicians in each individual case to determine the aptitudes of female workers to accomplish work undertaken and that women should not be barred from acceding to certain positions or posts in the labour market. The Committee requests the Government to provide further information on the application in practice of this Article.

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

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

2. Article 3 of the Convention. Maximum weight. The Committee notes the Government’s statement that the draft “country act” does not lay down a limit for the weight allowed to be carried by one worker. It also notes that the project does not introduce any limit when workers have been recognized by the company doctor as fit to carry loads over the standard maximum weight. Further to its previous comment, the Committee reiterates its previously expressed concern of the basis on which company doctors may conclude that workers are fit to transport manually on a regular basis loads of over 55 kg without jeopardizing their health or safety. In this context, the Committee draws the Government’s attention to Recommendation No. 128 concerning the maximum weight to be carried by a single worker, in which Paragraph 14 stipulates that where the maximum permissible weight which may be transported manually by one adult male worker is more than 55 kg, measures should be taken as speedily as possible to reduce it to that level. Furthermore, the Committee refers to the ILO publication Maximum weights in load lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), which indicates that 55 kg is the maximum weight, recommended from the ergonomic point of view, of a load that may be transported occasionally by a male adult worker between 19 and 45 years of age. The Committee requests the Government to indicate how it envisages giving full effect to this Article.

3. Article 7. Assignment of women and young workers under 18 years of age to manual transport of loads. The Committee notes the Government’s indication that, subject to the adoption of the provisions of the bill mentioned above, the Technical Advisory Committee’s proposals are intended to fix, by order, the absolute maximum weight at 55 kg, whereas at present there is no limit, and the standard maximum weight at 35 kg, as against the present 55 kg. In addition, the Government indicates that it may also be envisaged in this framework to update the provisions of section 3 of Order No. 276/CM of 29 March 1994 on the restriction of loads for women and young workers. The Government adds that the Technical Advisory Committee will be consulted on the Committee of Experts’ proposal to reduce to 15 kg the maximum load to be carried by female staff. The Committee recalls that in the publication Maximum weights in load lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1988), 15 kg is the maximum weight recommended from the ergonomic point of view, of a load which may be transported occasionally by adult women between the ages of 19 and 45 years and young workers. The Committee therefore requests the Government to indicate any measures taken or envisaged to this end and to supply it with copies of the pertinent texts.

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

1. The Committee notes the Government’s report and the information it contains in response to the Committee’s comments. It notes in particular that since the previous report no changes have been made to the provisions on maximum weight. The Committee wishes to draw the Government’s attention to the following points.

2. Article 3 of the Convention. Maximum weight. The Committee notes that according to the Government, the Technical Advisory Committee for occupational risk prevention discussed a proposal to lower the maximum weight from 55 to 35 kg, but the discussion led to no changes in the law. The Committee notes that Order No. 91-013 AT of 19 January 1991 is therefore still in force, that the maximum weight a worker may carry is still 55 kg, and that workers may still be allowed to carry regularly loads of over 55 kg provided that the company doctor has certified that they are fit to do so. The Committee would be interested in knowing the basis on which company doctors may conclude that workers are fit to transport manually loads of over 55 kg on a regular basis without harming their health or safety. Moreover, the Committee is concerned at the maximum weight that women may be allowed to carry, which is set at 25 kg in section 3 of Order No. 276/CM of 29 March 1994. The Committee again reminds the Government that according to the publication "Maximum weights in load lifting and carrying" (Occupational safety and health series, No. 59, Geneva, 1998), 15 kg is the maximum weight recommended from the ergonomic point of view, of a load which may be transported occasionally by adult women. In view of the foregoing, the Committee requests the Government to indicate all measures taken in this connection.

3. Articles 4, 6 and 7. The Committee notes that the Order of 29 March 1994 refers to the working conditions applying specifically to women and young workers. The Committee points out that the principles laid down in the abovementioned Articles of the Convention apply to all workers. It accordingly reiterates its request to the Government to indicate the measures taken to ensure that these provisions of the Convention are applied to all workers.

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

Article 3 of the Convention. The Committee notes Order No. 276/CM of 29 March 1994 implementing section 106 of Resolution No. 91-013 AT of 17 January 1991 and "establishing particular conditions of work applicable to women and young workers as well as work presenting causes of danger or beyond their strength which are prohibited for young workers under 18 years of age and women", section 3 of which restricts the weight of loads which may be transported manually by women and young workers under 18 years of age. According to section 3 of this Order, women employed in the establishments listed under section 1 may not carry, drag or push, either inside or outside the premises, loads in excess of 25 kilograms. In this connection, the Committee refers to the publication "Maximum weights in load lifting and carrying" published in the "Occupational safety and health" series, International Labour Office, which indicates that 15 kilograms is the maximum weight recommended from the ergonomic point of view, of a load which may be transported occasionally by adult women. The Committee further notes, concerning the maximum weight that may be carried by adult men, that this Order does not establish restrictions. However, section 59 of Decision No. 91-013 AT of 17 January 1991 provides that a worker may be allowed to carry regularly loads of over 55 kilograms provided that the company doctor has certified that he is fit to do so and that he has received appropriate training. With reference to its earlier comment, the Committee is again concerned by the question of what basis the company doctor can conclude that a worker is fit to carry regularly loads of over 55 kilograms without jeopardizing his health and safety. In this connection, the Committee draws the Government's attention to article 14 of Recommendation No. 128 concerning the maximum permissible weight which may be transported manually by one adult male worker, which provides that where the maximum permissible weight which may be transported manually by one adult male worker is more than 55 kilograms, measures should be taken as speedily as possible to reduce it to that level The Committee again refers to the ILO publication mentioned above, where it is indicated that 55 kilograms is the maximum weight, recommended from the ergonomic point of view, of a load which may be transported occasionally by an adult male worker of between 19 and 45 years. The Committee hopes that the Government will examine the questions raised with a view to a reduction of maximum permissible weights for loads which may be transported by women and also to establish restrictions on maximum permissible weights to be transported manually by adult male workers of between 19 and 45 years of age. It requests the Government to indicate all measures taken in this connection.

Articles 4, 6 and 7. The Committee notes the Government's statement that restrictions on loads to be transported manually are established by the provisions of the order of 29 March 1994. However, this Order only refers to special conditions of work applicable to women and young workers. The principles established by the articles cited from the Convention apply to all workers. Consequently, the Committee requests the Government to indicate the measures adopted to give effect to these provisions of the Convention.

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

Article 3 of the Convention. The Committee observes that under Article 3 of the Convention the manual transport by a worker of a load which, by reason of its weight, is likely to jeopardize his health or safety, shall be neither required nor permitted. The Committee notes that under article 59 of Decision No. 91-013/AT of 17 January 1991 a worker may be allowed to carry regularly loads of over 55 kgs provided that the company doctor has certified that he is fit to do so and that he has received appropriate training. The Committee would be interested to know on what basis the company doctor can conclude that a worker is fit to carry regularly loads of over 55 kgs without jeopardizing his health and safety. In this connection the Committee draws the Government's attention to article 14 of Recommendation No. 128 concerning the maximum permissible weight which may be transported manually by one adult male worker, which provides that where the maximum permissible weight which may be transported manually by one adult male worker is more than 55 kgs, measures should be taken as speedily as possible to reduce it to that level. The Committee also refers to the publication "Maximum weights in load lifting and carrying" published in the series "Occupational safety and health", International Labour Office, which indicates that 55 kgs is the maximum weight, recommended from the ergonomic point of view, of a load which may be transported occasionally by an adult male worker of between 19 and 45 years.

The Committee also notes with interest the Goverment's indication on the practical effect given to the Convention, that the transport of loads not exceeding 24 kgs, none the less considered to be heavy by the men concerned, was the subject of a collective labour dispute which was settled by assigning an additional worker to the job in question.

The Committee asks the Government to continue to provide information on the practical effect given to the provisions on the maximum permissible weight which may be transported by a worker (point V of the report form) indicating, in particular, the number of cases where the company doctor has certified a worker to be fit to transport regularly loads of over 55 kgs, any restrictions on such loads and the criteria applied by the company doctor. In this connection, the Committee would be grateful if the Government would also provide the texts of regulations, directives or codes of practice for company doctors to assist them in assessing a worker's fitness to transport regularly loads of over 55 kgs without jeopardizing their health or safety, and to provide information on any measures taken or envisaged to reflect developments in the relevant knowledge of occupational medicine in the applicable national legislation.

Articles 4 and 6. In answer to the Committee's previous comments, the Government points out that the principles laid down in these Articles will be incorporated into the territorial regulation as part of the amendments planned for the next six months. The Committee hopes that the measures taken will enable account to be taken of all the conditions in which work is to be performed and the fact that suitable technical devices are to be used as much as possible in order to limit or to facilitate the manual transport of loads.

Article 7. The Committee takes due note of the information on the drafting of an Order under section 106 of Decision No. 91-013/80 of 17 January 1991 which is to include specifications concerning the transport of loads by women and young workers. The Committee asks the Government to provide a copy of this regulation as soon as it has been adopted.

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

The Committee has taken note of the information supplied by the Government in its reply to the previous direct request.

Article 3 of the Convention. The Committee notes the Government's statement that a draft territorial law, which has been the subject of a tripartite examination with the participation of the employers' and workers' organisations, stipulates that, in all establishements to which the regulation applies, no worker shall be permitted to carry loads weighing more than 55 kilograms on a regular basis unless he has been declared fit by the work's doctor. The Committee would be grateful if the Government would state in its next report whether a maximum limit has been established for workers who have been declared fit; it would also be grateful if it would indicate whether the draft regulation has been adopted and, if so, to communicate the texts.

Articles 4 and 6. The Committee would be grateful if the Government would specify the measures adopted or envisaged to ensure the application of these Articles of the Convention.

Article 5. In its reply, the Government indicates that the worker shall have received appropriate technical training without indicating whether a provision to this effect is or will be included in the regulations. The Committee would be grateful if the Government would specify the manner in which this technical training of workers is provided.