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

Maximum Weight Convention, 1967 (No. 127) - Costa Rica (Ratification: 1972)

Article 3 of the Convention. Manual transport of a load whose weight may jeopardize the worker’s health or safety. With reference to its previous comments, the Committee notes the Government’s reference to Decree No. 11075-TSS of May 1986, which establishes the maximum weight for various categories of workers. However, it notes that the Decree does not prescribe the maximum weight for adult male workers over 21 years of age. The Committee notes the Government’s indication that the Occupational Health Council is still examining the issue of weight referred to by this Article. An attached report of 9 June 2010 from the Occupational Health Council indicates that it is necessary to establish clearer provisions than the abovementioned standard with regard to the maximum horizontal movement of loads (lifting, unloading, torsion, flexion, frequency of movements, maximum height for placement of loads, and other technical variables) which could be undertaken by an adult woman worker with reference to the abovementioned Decree. For many years the Committee has been asking the Government to take the necessary steps to give effect to the Convention. Pending the adoption of new standards, the Committee draws the Government’s attention to the fact that the preparation of a standard does not mean release from the obligation to apply a ratified Convention and that the present Article is the cornerstone of the present Convention. The Committee therefore requests the Government to provide information on the manner in which it ensures that, while the new standard is being prepared, workers are not required or allowed to transport loads whose weight is likely to jeopardize their health and safety and to give a detailed indication of how it is determined that a weight is likely to jeopardize workers’ health and safety. The Committee requests the Government to supply information on any technical standards that may exist in this connection and on the manner in which risks are assessed. The Committee also hopes that account will be taken of the physiological characteristics of workers in the preparation of the new standard, and also of the nature of the work and the conditions in which it is carried out, and requests the Government to keep it informed of any further developments.

Part V of the report form, in conjunction with Articles 3 and 7 of the Convention. Manual transport of loads by women and young workers. The Committee notes the Government’s indication in its report that it has given the necessary instructions for the supply of information on reports from the inspection services, available statistics and other information which will be sent with the next report. The Committee hopes that the Government will send this information with its next report and also requests it to provide a general appraisal of the manner in which the Convention is applied in its country, especially the application in practice of Articles 3 and 7 of the Convention.