Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee notes the observations of the Rerum Novarum Workers’ Confederation (CTRN), received on 2 September 2015, and the observations of the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), which were sent with the Government’s report.

Articles 3 and 8 of the Convention. Manual transport of a load which by reason of its weight is likely to jeopardize the worker’s health or safety. Workers over 21 years of age. In its previous comments, the Committee repeatedly noted that Decree No. 11074-TSS of 5 May 1980 does not prescribe the maximum weight for adult male workers over 21 years of age and asked the Government to indicate the manner in which it is ensured that 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 the manner in which it is determined that a weight cannot jeopardize workers’ health and safety. The Committee notes the Government’s indication in its report that there have been no substantial changes in national law or practice. The Government refers to standard INTE 31-09-15-00 (2000 edition) on the handling of materials and equipment, which establishes, inter alia, a maximum weight of 20 kg to be carried by men over 18 years of age, 15 kg for women over 18 years of age and men between 16 and 18 years of age, and 10 kg for women between 16 and 18 years of age; and which prohibits the manual transport of loads by pregnant women and young persons under 16 years of age. The Committee observes, however, that the INTE technical standards are voluntary. The Committee also notes the CTRN’s indication in its observations that the most common types of accidents involve blows, cuts, falls and overexertion, and that the perception of workers is that such accidents mainly stem from the handling of heavy loads, uncomfortable postures or positions, and repetitive movements. The Committee requests the Government to provide information on the application in practice of the INTE standards, indicating whether the labour inspectorate verifies compliance with them.

Article 8. Consultation of the most representative employers’ and workers’ organizations concerned on the measures to give effect to the Convention. In its previous comments, the Committee noted the Government’s indications that the Occupational Health Council considered it necessary to establish clearer provisions than those laid down by Decree No. 11075-TSS, referred to above, and that a new standard was under consideration. The Committee notes the Government’s statement that the current commitment of the Occupational Health Council to update the regulations entails the need to agree on a plan for updating the set of technical standards relating to occupational safety and health (OSH), especially the standards relating to the Convention. The Committee also notes that the UCCAEP highlights the activities of the tripartite Occupational Health Council, which has been working on regulations relating to OSH standards. The Committee requests the Government to provide information on the updating in the Occupational Health Council of the standards which give effect to the Convention.

Articles 3 and 7. Application in practice. Manual transport of loads by workers, women and young persons. The Committee notes the observations of the CTRN, to the effect that the labour inspectorate shows a certain disregard for the Convention. The Government indicates that any worker, without any discrimination whatsoever, has access to the public labour inspection service and can submit a complaint regarding the enforcement of the standards relating to the transport of loads. The Government adds that the Occupational Health Council, the Technical Standards Institute of Costa Rica (INTECO) and the labour inspectorate take ongoing action to ensure the application of the Convention and that, according to statistics available to the Government, there are no complaints alleging non-compliance with the Convention. The Committee takes note of this information.