Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Referring also to its observation under the Convention, the Committee requests the Government to provide in its next report detailed information on the application of the following Articles of the Convention.

Article 1. Please indicate the provisions of national laws or regulations which define the term "agricultural undertaking" for the purpose of the Convention (paragraph 1) and, where necessary, the decisions taken and the procedure followed for consultation with the most representative organizations of employers and workers, as required under paragraph 2.

Article 3. Please indicate the provisions of national laws or regulations which determine the agricultural undertakings liable to labour inspections in agriculture and the categories of workers for whose protection the labour inspectorate is responsible.

Article 6. Please indicate the legal provisions for whose enforcement the system of labour inspection in agriculture is responsible, particularly in the agricultural sector.

Article 7. Please describe the structure or communicate the organization chart of the labour inspection services in agriculture and indicate, where appropriate, in what manner the functional specialization of officers called upon to exercise inspection activities in agriculture is ensured.

Article 8. Please indicate whether and in what manner officials or representatives of occupational organizations have been included in the system of labour inspection and, where appropriate, give details of their status, conditions of service and the powers vested in them for the exercise of their functions.

Article 9. Please indicate whether specific conditions of entry govern recruitment of labour inspectors in agriculture or whether measures have been taken to give labour inspectors in agriculture, upon their entry into service and during the course of employment, adequate training for the performance of their duties.

Article 10. Please indicate whether, in accordance with Article 10 of the Convention, labour inspection staff in agriculture include women and, if so, whether any special duties are assigned to them.

Article 12. Please indicate the measures taken to promote effective cooperation between the inspection services in agriculture and government services and public or approved institutions which may be engaged in similar activities.

Article 13. Please indicate the measures taken by the competent authority to promote cooperation between officials of the labour inspectorate in agriculture and employers and workers, or their organizations.

Articles 14 and 21. The Committee had noted in the Government's report for 1995 on the application of Convention No. 81 that efforts had been undertaken to increase the number of labour inspectors by recruiting 19 technicians educated at the Ecole nationale d'administration. The ten labour administrators, four assistant administrators and five supervisors, took up their duties in January 1996. The Committee also notes the information contained in the Government's report on Convention No. 128 to the effect that the Government would be releasing additional funds for the employment, public service and social welfare sectors. It further notes the Government's decision, endorsed by the Council of Ministers, to increase the material resources available to labour inspectors. The Committee would be grateful if the Government would specify the number of inspectors appointed exclusively to the agricultural sector, the geographical distribution of labour inspection offices, as well as the number of agricultural undertakings liable to inspection and the number of persons working in such undertakings. Moreover, the Committee requests the Government to provide specific information on the impact of the 19 additional inspectors on the inspection visits carried out in the agricultural sector, and in particular the number of agricultural undertakings inspected since 1996.

Article 17. The Committee points out that under the terms of this provision the labour inspection services in agriculture shall be associated, in such cases and in such manner as may be determined by the competent authority, in the preventative control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. The Committee refers to the 1985 General Survey on labour inspection and recalls in this regard that under paragraph 11 of Recommendation No. 133 which complements this Convention, such an association should include consultation with the labour inspectorate on the introduction of such plant, materials or substances, and the methods of handling or processing products which require the use of dangerous machines or unhealthy or dangerous work processes. The Government is requested to indicate in its next report whether measures to this effect have been adopted or envisaged.

Article 19, paragraph 2. The Committee notes the Government's concerns regarding the administrative obstacles which prevent labour inspectors from being associated with any on-the-spot inquiry into the causes of occupational accidents and that new measures to remedy the situation were being envisaged. The Committee points out that this provision stipulates that labour inspectors shall be associated, where possible, with any on-the-spot inquiry into the causes of the most serious occupational accidents or occupational diseases, particularly those accidents or diseases which affect a number of workers or have fatal consequences. The Committee trusts that such measures have now been taken and that the Government will transmit with its next report any pertinent information as well as the appropriate legislative text or administrative regulation.