Observation (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

Convention (n° 127) sur le poids maximum, 1967 - Tunisie (Ratification: 1970)

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.