Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report for the period ending on 31 May 2005, the legislation, the annual inspection report for 2005 and a detailed report on the application of the Convention in the Autonomous Region of the Azores, where the main economic activity is agriculture. It further notes the new comments on the application of the Convention made by the General Workers’ Union (UGT) and the Portuguese Confederation of Tourism, sent to the ILO with the Government’s report. The Committee notes that in its new comments, the UGT repeats in part the observations sent to the ILO on 9 September 2002. The Committee notes that the Government has not given its views on the abovementioned observations and hopes that it will not fail to do so in its next report and that it will be in a position to report progress in the application of the Convention. Since the comments of the Portuguese Confederation of Tourism likewise concern the application of the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to refer to its observation under that Convention. Please also provide additional information on the following points.

1. Article 17 of the Convention. Preventive control of new plant, activities, manufacturing processes and the handling of new products and substances. Referring to its previous comment that measures were needed to ensure that the labour inspection services in agriculture are associated with the preventive control of new plant, new substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, the Committee takes note of the Government’s view that to ensure that risks are eliminated, the labour inspectorate should be invited in by the establishment and begin its intervention at the project phase. Pursuant to article 10(1)(g) of Legislative Decree No. 102/2000 issuing the General Regulations of the Labour Inspectorate, labour inspectors carry out joint visits with a view to delivering permits for the setting-up, modification and operation of establishments, and the report on the application of the Convention in the Autonomous Region of the Azores mentions an increase in inspection activities in agriculture during periods of intensive machine use. The Committee requests the Government to provide information showing how these provisions are implemented in practice in agricultural enterprises in order to prevent the occupational risks inherent in new plant, new substances and new methods of handling or processing products.

2. Article 27. Content of annual inspection reports. The Committee  notes with satisfaction that the annual inspection reports for the years 2004 and 2005 contain statistics of agricultural undertakings liable to inspection and the number of persons working in them (point (c)), such data being essential in order for the central inspection authority to assess how effective the labour inspection system is. However, the Committee requests the Government to ensure that such information is supplemented by statistics on the causes of occupational accidents and diseases in agriculture (points (f) and (g)), such information being particularly useful to the development of a policy of prevention.

The Committee notes the Government’s statement that individual annual inspection reports are envisaged for the two autonomous regions of the Azores and Madeira. The Committee hopes that such reports will be published shortly and will cover all the items under Article 27, and that a copy will be duly sent to the ILO.