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

Convention (n° 127) sur le poids maximum, 1967 - Nicaragua (Ratification: 1976)

The Committee notes the Government's report.

1. The Committee notes with interest the ministerial decision respecting occupational safety and health which establishes general and minimum standards relating to occupational safety and health. The Committee notes that, by virtue of section 3 of this decision, that the Ministry of Labour shall publish, under this instrument, rules and directives relating to safety and health in the various fields referred to in Annex 1 to the decision, which include the handling and storing of loads and materials. The Committee hopes that the text which is adopted to protect workers against the risks involved in the manual transport of loads will give full effect to the following provisions of the Convention, on the application of which it has been commenting for several years:

Article 3. With reference to its previous comments concerning section 182 of the Labour Code, the Committee hopes that a maximum weight will be established for any load whose weight is likely to jeopardize the health or safety of the worker.

Article 4. The Committee also hopes that all the conditions will be taken into account in which the manual transport of loads is to be performed (the nature of the work, physiological characteristics, climatic conditions, and the difference between the lifting and transport of loads).

Article 7. The Committee noted in its previous comments that no provisions specifically limit the manual transport of loads by women and young workers.

The Committee recalls that by virtue of Article 7 of the Convention, the manual transport of loads not only has to be limited, but the maximum weight established in the case of women and young workers has to be substantially less than that permitted for adult male workers.

The Committee notes that section 123 of the Labour Code prohibits the employment in industrial undertakings of young persons under 14 years of age, and that it would therefore be necessary, when limiting the manual transport of loads and the maximum weight that may be carried by young workers, to take into account that, for the purposes of the Convention, the term "young worker" means a worker under 18 years of age.

It should also be noted that the limitation placed upon the employment of young persons and the maximum weight which is established should apply to all sectors of economic activity (agriculture, trade and transport) in respect of which a system of labour inspection is maintained, in accordance with Article 2 of the Convention.

The Committee hopes that the provisions necessary to give full effect to Article 7 of the Convention will be included in the regulations which are to be prepared.

2. The Committee notes the establishment of the National Occupational Safety and Health Board.

3. With reference to its previous comments, the Committee requests the Government to supply information on the application of the provisions of the Convention, in conformity with point V of the report form. It would be desirable for this information to include extracts from reports of the inspection services (particularly relating to decisions which have been taken by labour inspectors which establish maximum weights that can be transported for distances which are equal to or greater than 150 varas (approximately 180 metres) by virtue of section 182(3) of the Labour Code), statistics on the number and nature of contraventions reported and the action taken on them, as well as information on the mechanical means used (section 183(1) of the Labour Code).