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

Maximum Weight Convention, 1967 (No. 127) - Peru (Ratification: 2008)

The Committee notes the Government’s first report and notes with interest the Act on the occupational safety and health of land-based dockworkers and manual transporters, No. 29088, and its Regulation, approved by Supreme Decree No. 005-2009-TR, which give effect to numerous Articles of the present Convention; the Act on occupational safety and health, No. 29873, published in the Diario Oficial of 20 August 2011, which promotes the principles of the modern approach to occupational safety and health (OSH), such as the culture of prevention, consultation and the participation of the social partners, and establishes the National Occupational Safety and Health Council.

Article 2(2) of the Convention. Scope of application. The Committee notes that, according to the Government, the Convention is applied to production, transport and commercial activities in the agro-production chain at the national level, in accordance with the scope of application of Act No. 29088. The Committee further notes that, under the terms of section 3 of that Act, which contains definitions, the “agro-production chain” is the system grouping together economic agents, interrelated by the market and which participate in an articulated manner in the same process, ranging from the provision of raw materials, production, transformation, industrialization, transport and commercialization, to the final consumption of an agricultural or stock-raising product in a sustained and profitable form, based on the principles of trust and equity. The Committee observes that Act No. 29088 determines its own scope of application, but draws the Government’s attention to the fact that the scope of application of the Convention is broader than that of the above Act, and that in accordance with Article 2(2), the Convention applies to all branches of economic activity in respect of which the Member concerned maintains a system of labour inspection, such as, for example, loading and unloading at an airport. The Committee understands that the Act covers in an adequate manner a large part of the activities of the regular manual transport of loads, but not all of them. It requests the Government to ensure the application of the Convention to all activities involving the regular manual transport of loads which are not covered by Act No. 29088, but which are encompassed within Article 2(2) of the Convention. It requests the Government to provide information on this subject.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for example, extracts from reports of the inspection services and, in so far as such statistics are available, information concerning the number and nature of the contraventions reported and the action taken on them.