Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee takes note of the Government’s report received on 10 September 2009. Further to its 2008 comments under the Labour Inspection Convention, 1947 (No. 81), with regard to subjects common to both Conventions, the Committee draws the Government’s attention to the following points.

Article 6(1)(a) and (b), and Article 11 of the Convention. Enforcement and prevention activities in occupational safety and health in agricultural undertakings. In its previous comments, the Committee requested the Government to supply detailed information on the content and practical application of legal provisions providing that labour inspectors shall be responsible for prevention and enforcement duties in agricultural undertakings, particularly in order to ensure the protection of workers against risks arising from the use of chemicals or complex machinery. The Committee notes that, according to the Government, the Occupational Health and Safety Act of 16 June 1999 and the Regulation concerning the Labour Inspectorate of 31 March 2003 cover all sectors of the economy without distinction, including the agriculture sector. The Government adds that, although the agricultural sector is continuously shrinking and currently represents 2.6 per cent of the national workforce, it is one of the priority sectors for the National Labour Inspectorate which was planning to supervise 134 agricultural enterprises with five or more employees in 2009
(i.e. 31 per cent of all agricultural enterprises). Finally, the Government indicates that there was a machine safety campaign in 2007, in the framework of which mostly agricultural machinery was inspected. Special attention was paid in this framework to agricultural enterprises (6 per cent of visits). The Committee notes from the annual inspection report of 2007 published on the web site of the labour inspectorate that the outcome of this campaign was that most of the inspected machinery, 245 cases, was considered as safe while 34 machines were considered as hazardous. The use of 16 machines has been forbidden and fines were imposed in the case of seven machines. One of the most frequent infringements found during the inspections was lack of safety instructions (69 cases).

The Committee also notes from the Annual Labour Inspection Report for 2008, also published on the abovementioned website that 6 per cent of all inspections in 2008 related to agriculture and hunting while an additional 8 per cent related to the wood industry. Both these industries figure among those with the highest number of accidents in Estonia and 21 per cent of persons who suffered from an occupational disease or work-related disease had worked in the agriculture and hunting sectors. More importantly, the 2008 Annual Labour Inspection Report indicates that agriculture is one of the most problematic fields of activity from the point of view of biological risk factors. Target inspections carried out in the area of biological risk factors in 2008 demonstrated that agricultural enterprises had a high level of non-compliance with the applicable legislation. Agricultural enterprises represented 21 per cent of enterprises which had not carried out a risk assessment; 18 per cent of enterprises which had indicated risk levels which were not accurate; 45 per cent of enterprises which had not properly instructed employees exposed to or endangered by biological risk factors and 42 per cent of enterprises which did not provide appropriate training on how to act in case of risk of an accident. The Committee would be grateful if the Government could provide statistics on the outcome of the inspections carried out in 2009 in the agricultural sector and any other data on the application in practice of the legislation on labour inspection in agriculture and its impact in terms of improving the conditions of work of agricultural workers and, where appropriate, their living conditions and those of their families in agricultural undertakings.

Moreover, noting that, according to the Government, labour inspection activities target only agricultural enterprises with five or more employees, the Committee would like to bring to its attention that the scope of this Convention includes all the agricultural undertakings in which employees or apprentices work (Article 4). Therefore, the Committee requests the Government to indicate the measures taken or under consideration in order to ensue coverage by the labour inspection services of as many agricultural undertakings as possible.

Article 9(3). Specific skills and training of inspectors for the performance of their duties in agricultural undertakings. In its previous comments, the Committee requested the Government to indicate whether training specifically geared to the exercise of labour inspection in agricultural undertakings was given, particularly concerning the monitoring of agricultural machinery and plant, the identification of specific occupational risks (mechanical or chemical) and the means to be implemented to reduce or eliminate them. The Committee notes that, according to the Government, as almost all labour inspectors are “generalists” and there are no inspectors who specialize in agriculture only; the objective of training of labour inspectors is to ensure that they have the information they need on all functions of labour protection, including in agriculture.

The Committee recalls that Articles 17 and 18 of the Convention give specific duties to labour inspectors in the area of occupational safety and health, including the preventive 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 and that, according to Article 9(3), labour inspectors should be adequately trained for the performance of their duties. The Committee also emphasizes that only where relevant training is provided to labour inspectors can the latter perform the very important preventative function entrusted to them according to Article 6(1)(b) of the Convention, namely to supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions. In this regard, Paragraph 2 of Recommendation No 133 promotes the association of the labour inspectorate in agriculture in the training of workers and Paragraph 14 enumerates the appropriate means by which Members should promote education campaigns so as to inform the parties concerned, not only of the need to apply strictly the legal provisions but also of the dangers to the life or health of persons working in agricultural undertakings and the most appropriate means of avoiding them. The Committee has noted significant progress with regard to the safety and health of workers in countries where such campaigns were carried out, particularly in forestry work.

The Committee requests the Government to supply details on training provided to labour inspectors with regard to issues particularly relevant to agriculture, such as, for instance, the monitoring of machinery, the identification of specific occupational risks and the means to be implemented to reduce or eliminate them. Moreover, the Committee once again strongly encourages the Government to take the necessary steps, in accordance with Article 11, to ensure the collaboration of duly qualified technical experts and specialists, who might help to solve problems demanding technical knowledge, in the work of labour inspection in agriculture, in such manner as may be deemed most appropriate under national conditions.

Articles 26 and 27. Annual report on the work of the inspection services and working of the labour inspection system in agriculture. The Committee notes that, according to the Government, the Ministry of Social Affairs informed the National Labour Inspectorate about the obligation to publish and communicate to the ILO an annual report on inspection activities in agriculture, following the Committee’s request. It also notes that both Annual Labour Inspection Reports for 2007 and 2008 contain little information on activities performed in agricultural undertakings, which is insufficient to allow an informed assessment of the work of the labour inspection system in the sector. The Committee would therefore be grateful if the Government would take the necessary measures to ensure that the central authority publishes, either as part of the general annual report or as a separate report, additional information on the work of the labour inspection services in agriculture, in particular, data on the staff of the labour inspection service in agriculture and the undertakings liable to inspection as well as the number of persons working therein, the number of inspection visits, violations and penalties imposed, and occupational accidents and diseases, including their causes (Article 27 of the Convention). The Committee requests the Government to keep the ILO duly informed of the progress made to this end.