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Maximum Weight Convention, 1967 (No. 127) - Portugal (RATIFICATION: 1985)

1. The Committee notes the information contained in the Government’s report. It notes the adoption of Decree Law No. 99-2003 of 27 August 2003 approving the Labour Code, in particular section IV on safety, hygiene and health at work, which repeals Decree No. 107/2001 concerning light work. It also notes the adoption of Act No. 35/2004 of 29 July 2004 issuing regulations for the Labour Code.

2. Article 5 of the Convention, in conjunction with Part V of the report form. Training prior to assignment to manual transport of loads. With reference to its previous comments, the Committee notes that campaigns have been held on occupational hazards in the agricultural, construction, textile and pottery industries. Regarding the application of the Convention in practice, the Government indicates that manuals, brochures, prospectuses and posters have been distributed, particularly on manual transport of loads. The Committee invites the Government to continue to provide information on the manner in which the Convention is applied, giving, for example, extracts from reports of the inspection services and, so far as such statistics are available, information concerning the number and nature of contraventions reported.

3. Article 7.  Restriction on the assignment of women and young workers under the age of 18 years to manual transport. The Committee notes that section 60(2) of the Labour Code provides specifically that the performance of work whose nature or conditions are harmful to the physical, mental or moral development of children is prohibited or subject to certain conditions covered by special legislation. Sections 122 and 126(g) of Act No. 35/2004 prohibit young persons under 16 years of age from transporting loads exceeding 15 kg in weight. For minors aged over 16 years, section 122 provides that the employer must assess the nature, degree and length of exposure of the minor to the activities or work subject to conditions and take the necessary measures to avoid any risks. However, the Committee notes that the new legislation does not lay down a maximum weight limit that can be transported by young workers under 16 years of age or for women workers. Furthermore, it notes that Act No. 35/2004 makes no distinction between occasional transport, and regular transport or between young men and young women. In this regard, the Committee recalls that Article 7 of the Convention lays down restrictions on the assignment of women and young workers to manual transport of loads and that Paragraphs 21 and 22 of Recommendation No. 128 stipulate that “where the minimum age for assignment to manual transport of loads is less than 16 years, measures should be taken as speedily as possible to raise it to that level … with a view to attaining a minimum age of 18 years”. When women and young workers are assigned to manual transport of loads, the maximum weight should be substantially less than that permitted for male workers. In addition, the Committee recalls the ILO publication Maximum weights in load lifting and carrying (Occupational Safety and Health Series, No. 59, Geneva, 1998). The Committee requests the Government to indicate measures taken to give effect to the obligation to restrict the employment of adult women and young workers in regard to the transport of loads other than light loads and to establish that the weight of each load shall be substantially less for women than that permitted for male workers.