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

Maximum Weight Convention, 1967 (No. 127) - New Caledonia

1. The Committee has taken note of the information supplied by the Government in its report. It has taken note of the resolutions of the Congress of the Territory of New Caledonia No. 33 of the 1.09.88, concerning methods of applying articles 47, 48 and 49 of Ordinance No. 85-1181 of 13.11.85, and No. 34 of 23.02.89 on general health and safety measures, section 2 of which gives effect to the provisions of Article 5 of the Convention (that workers assigned to manual transport of loads shall receive training in working techniques with a view to safeguarding health and preventing accidents). It also notes Decree No. 88-3395 stipulating the information to be included in the report required under article 18 of resolution No. 33 of 1.09.88 and Decree No. 88-634 fixing the maximum weights to be borne by cables, loading chains and cords made of natural and synthetic fibres used to carry out construction work, public works and all other work involving buildings.

2. The Committee has noted that the creation of committees on health, safety and working conditions, provided in resolution No. 33 of 1.09.88, can help to improve working conditions and protect the safety of the workers. None the less, it notes that the legislation attached to the Government's report contains no provision for specific measures designed to give effect to the following provisions of the Convention: Article 3 (that no adult worker of the male sex 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; Article 4 (that members shall take account of all the conditions in which the work is to be performed); and Article 6 (that suitable technical devices shall be used in order to limit or to facilitate the manual transport of loads).

3. Article 7. According to the provisions of section 5 (paragraphs 4 and 5) of resolution No. 34 of 23.02.89, decisions by the competent authority shall determine the types of work in which women and young workers under the age of 18 years may not be permitted or required to engage. The Committee would be grateful if the Government would indicate whether the manual transport of loads which, by reason of their weight, would be likely to jeopardise the health or safety of women and young workers is to be included in the above types of work, and what action has been taken or planned to give concrete form to the restrictions arising from Article 7 of the Convention.