Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

The Committee notes the observations of the General Workers’ Union (UGT) and the General Confederation of Portuguese Workers–National Inter-Unions (CGTP–IN), communicated with the Government’s report.

Articles 3 and 5 of the Convention. Maximum weight of loads transported manually by a worker. Steps to ensure adequate training in working techniques with a view to safeguarding health and preventing accidents. The Committee notes the observations of the CGTP–IN according to which the provisions of Legislative Decree No. 330 of 25 September 1993 on minimum health and safety requirements for the manual transport of loads, which transposed Council Directive 90/269/EEC of 29 May 1990 into law, focus mainly on risk analysis and prevention measures and do not prohibit the manual transport or handling of loads likely to jeopardize the safety or health of workers, as required by Article 3 of the Convention. The CGTP–IN also indicates that the requirements for the training of workers, provided in section 8(2) of Legislative Decree No. 330, appear to be insufficient to ensure that full effect is given to Article 5 of the Convention. The Committee requests the Government to provide its comments in this respect.

Article 7. Restriction on the assignment of women and young workers under the age of 18 years to manual transport. The Committee notes the Government’s indication that under section 57 of Act No. 102/2009 of 10 September approving the legal framework for the promotion of safety and health at work, amended by Act No. 3/2014 of 28 January, pregnant workers are restricted from the manual handling of loads involving a risk of back injury or exceeding 10 kg. The Government also states that section 72 of Act No. 102/2009 provides restrictions that the employer must comply with, which exclude young workers aged 16 years or over from activities involving the manual handling of loads exceeding 15 kg. In this regard, the Committee notes that in its observations, the UGT indicates that the legislation does not set load limit values for young workers aged 16 years or over and that the results of risk assessments by employers determine whether they are able to carry out activities involving the manual handling of loads exceeding 15 kg. The Committee also notes that the legislation referenced by the Government gives only partial effect to Article 7 of the Convention, as it does not appear to limit the assignment of all women – not only pregnant workers – to manual transport of loads other than light loads and does not provide that, for all women and young workers, the maximum weight of loads shall be substantially less than that permitted for adult male workers. The Committee requests the Government to take further measures to give full effect to the obligation to restrict the employment of all women in regard to the transport of loads other than light loads, and to establish that the weight of loads transported shall be substantially less for all women and young workers than that permitted for male workers, and to provide information in this respect.

Application in practice. The Committee notes that according to the statistical information provided by the Government, the number of notifications to implement corrective measures, issued with regard to the manual handling of loads, has drastically decreased over the years, going from 555 in 2009 to 45 in 2013, and the number of reported contraventions for penalties imposed were decreased from four and five in 2009 and 2010 to one in 2013. In this respect, the Committee notes the Government’s indication that the campaign on the manual handling of loads, carried out in 2007, significantly increased the amount of information available to inspection services, enterprises and workers, and that the low number of contraventions reported reflects an increase in understanding with regard to the hazards associated with the manual handling of loads. It also notes decision 3326/06.ITTLSB.L1.4, issued on 24 March 2010 by the Court of Appeal of Lisbon, on an injury due to excessive load handling. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including on the total number of reported contraventions, including the number of contraventions for which penalties were imposed and to include summaries of the judicial decisions communicated, indicating, where possible, the Articles of the Convention relating to the decisions.