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Article 6, paragraph 1(a) and (b), of the Convention and Paragraph 14 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133). Preventive activities by the labour inspectorate in agriculture. The Committee notes with interest that the labour inspectorate has again taken various measures during the reporting period aimed at reducing the incidence of industrial accidents and cases of occupational disease (according to the information on the Government’s web site, the incidence of accidents is two-and-a-half times higher in agriculture than in other sectors of the economy). These measures include an increase in the number of inspection visits to agricultural undertakings of 48 per cent compared to 2007 (including controls of a large number of agricultural machines and technical facilities, and demonstrations of the safe operation of tractors, machines, saws and chainsaws), as well as inspections in timber and other forestry management activities. The Committee also notes with interest the annual preventive and promotional campaign to improve safety and health conditions at work in individual farms. The National Labour Inspectorate (NLI) has also organized conferences, meetings, training and seminars for agricultural and forestry entrepreneurs, workers and occupational health and safety staff on relevant legal provisions, the hazards inherent to asbestos, transport activities, child labour in agricultural undertakings, and on musculoskeletal disorders and occupational diseases. The Committee notes with satisfaction the organization of other kinds of preventive activities, such as: (1) field shows and training courses in safe cutting methods in the event of specific threats (trees brought down by storms or snowfalls) in some forest district offices; (2) education in rural areas targeting children (including talks to over 32,000 children, with the help of schoolteachers) as well as adults, on the most frequent work-related hazards, accompanied by around 500 competitions and other interactive activities (Olympic, knowledge and artistic contests) for almost 53,000 rural children and young people, as well as actions in summer and winter camps for children, as indicated under Convention No. 81; (3) the organization of inspection stands and consultation points on technical safety at work during mass rural events, such as machine shows and exhibitions; (4) the publication and distribution of brochures, guidebooks and leaflets; and (5) the provision of information to the public through newspapers, radio and television. The Committee would be grateful if the Government would continue to provide information on any further labour inspection actions and initiatives for the same purpose in agriculture, including forestry.
Article 16, paragraph 1. Right of inspectors to enter agricultural undertakings freely. The Committee notes the information provided by the Government that, according to an accepted interpretation of the Act on the National Labour Inspectorate of 13 April 2007, inspection authorities in agricultural and forestry undertakings do not require authorizations, even though section 24 of the Act envisages such authorization. The Committee would like to refer the Government to its related comment under Article 12(1) of Convention No. 81 and asks the Government to ensure that the legislation is brought into line with the relevant provisions of both Conventions with regard to the free access of labour inspectors to workplaces liable to inspection with a view to avoiding differences in inspection procedures in practice.
The Committee takes note of the Government’s report for the period ending 30 June 2007, the adoption on 13 April 2007 of the Act on the National Labour Inspectorate and the information available at the Internet site of the labour inspectorate concerning its work.
Article 6, paragraph 1, of the Convention and Paragraph 14 of Recommendation No. 133. Preventive activities by the labour inspectorate in agriculture. Protection of workers and work accidents. The Committee notes the information on the structure of the labour inspectorate in agriculture, and particularly concerning the establishment of a position of adviser to the Chief Labour Inspector for agriculture to strengthen the unit dealing with labour protection in agriculture.
In reply to the Committee’s previous comment concerning the significant increase in the number of fatal accidents in forestry in 2004, the Government indicates that analysis of these accidents shows that the growth in the number of fatal accidents in recent years is due, on the one hand, to the difficulties of logging related to climatic conditions (storms, snow caps) and, on the other, the important outflow of qualified forestry workers to work abroad.
The Committee, however, notes with interest that the labour inspectorate has taken various measures with a view to reducing the frequency of occupational accidents in agriculture and forestry: (i) the obligation for inspectors to increase the number of inspections in the sector; (ii) the presentation following each inspection in a forestry undertaking of the inspection results and recommendations for the optimum protection of health and safety; (iii) the increased number of prevention activities for workers, workers’ organizations and employers in the context of the national information and prevention campaign “Safety and Health at Work in Agriculture – SAFEFARM”, including the organization by labour inspectors of training and seminars and the dissemination of publications; (iv) the drafting of a media training package on accidents at work in agriculture; (v) the preparation of a film on other hazards in agriculture; and (vi) the presentation in partnership with a television channel of examples of good practices which have increased the level of occupational safety in agriculture. The Committee strongly encourages the Government to continue providing the labour inspectorate with the means to intensify its efforts to identify the specific risk factors to which agricultural workers are exposed with a view to their elimination and, as a result, a significant reduction in the number of occupational accidents and an improvement in the prevention of occupational diseases. The Committee requests the Government to continue providing information on the activities undertaken in this respect by the labour inspectorate in agriculture, including forestry.
Article 16, paragraph 1. Right of inspectors to enter agricultural undertakings freely. The Committee observes that, on the one hand, the 2007 Act on labour inspection has not removed the obligation for inspectors to obtain authorization to conduct an inspection and that, on the other, in accordance with section 24 of the Act, the authorization shall specify the scope and limits of the purpose of the inspection. Under the terms of section 26, inspectors are nevertheless authorized, as envisaged in Article 16, paragraph 3, of the Convention, to refrain from informing the employer of their presence before the commencement of the inspection where they consider that this may influence the outcome of the inspection. The Committee once again reminds the Government that, in accordance with the international Conventions on labour inspection, inspectors shall be empowered to enter freely workplaces and undertakings liable to inspection, under the sole condition of being in possession of proper credentials. In paragraphs 265 and 266 of its General Survey of 2006 on labour inspection, the Committee considered that the various restrictions imposed by law or practice on the right of inspectors to enter workplaces freely, such as the requirement of a formal authorization issued by a higher authority for an inspection, can only stand in the way of achieving the objectives of labour inspection as set out in the instruments, and it invited the governments concerned to take the necessary steps to eliminate them in law and practice. On this point, drawing the Government’s attention to its 2007 observation under Article 12, paragraph 1, of Convention No. 81, the Committee urges the Government to take measures to amend the legislation so as to ensure that labour inspectors have the right to enter freely agriculture undertakings, as set out in Article 16 of the present Convention, to provide information on the progress achieved in this respect and to supply a copy of any relevant text.
Articles 26 and 27. Annual report on the work of the labour inspection services in agriculture. The Committee reminds the Government of the obligation of the central inspection authority to publish and communicate to the ILO within the time limit set out in Article 26, either in the form of a separate report or as part of the general annual report, a report illustrating the work of the labour inspection services in the agricultural sector containing the information required by clauses (a)–(g) of Article 27.
The Committee notes the Government’s report for the period ending 30 June 2005. Further to its comments on the application of Convention No. 81, the Committee would be grateful if the Government would also provide information on the following points.
Structure of the labour inspection system. The Committee notes that, following changes made to the structure of the National Labour Inspection Directorate, the new Department for Prevention is responsible for the coordination of prevention activities concerning family farms. Noting that changes have also been introduced regarding labour inspections carried out at the district level, the Committee would be grateful if the Government would indicate the body responsible for carrying out preventive activities on family farms at the district level.
Occupational accidents in agriculture. The Committee notes a significant increase in the number of fatal occupational accidents in the forestry sector in 2004. It would be grateful if the Government would describe any new measures adopted or envisaged with a view to strengthening occupational risk prevention in agriculture and, in particular, in forestry.
1. The Committee notes with satisfaction the Government’s detailed replies to its previous comments and the specific information on the manner in which effect is given to each of the provisions of the Convention both in law and in practice. It notes in particular the recently adopted legislative amendments to reinforce the status and the conditions of service of the labour inspectorate, the cooperative agreements concluded between the labour inspectorate and other bodies carrying out similar functions with a view to making the labour inspection system more efficient, as well as the numerous activities undertaken to offer all agricultural workers, whatever their status, technical advice and information on health and safety at work, with a view to reducing the employment accident rate in the agricultural sector, which is particularly high by comparison with the national rate, as members of workers’ families live on farms and are also exposed to specific health and safety risks.
2. The Committee also welcomes the detailed information provided by the Government on the inspection activities undertaken in agricultural enterprises and their results, and on the persons covered in the public and private sectors, disaggregated by sex and indicating the proportion of young workers. This information is presented by branch of agricultural activity and shows the types of inspections and their objectives, the seriousness of the employment accidents and the length of the ensuing sick leave, the number of cases of occupational disease, the types and nature of violations reported, and the measures taken to prevent, punish or eliminate violations.
The Committee notes the Government’s reports. It requests the Government to provide further information on the following points.
Article 1, paragraph 2, of the Convention. Please indicate whether any decisions have been taken pursuant to paragraph 2 and, if so, describe the procedure followed for consultation with the most representative organizations of employers and workers.
Article 1, paragraph 3. Please indicate whether, and in what cases, this provision of the Convention is applied.
Article 2. Please indicate whether arbitration awards and collective agreements upon which the force of law is conferred are enforceable by labour inspectors.
Articles 7 and 8. The Committee notes that the State Labour Inspection is subordinated to the Sejm (Lower Chamber of the Parliament) and the supervision over the State Labour Inspection on behalf of the Sejm is exercised within the scope determined by law by the Labour Protection Council. Referring also to its 1999 comment on Articles 4 and 6 of Convention No. 81, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that labour inspection staff are assured of stability of employment and are independent of improper external influences.
Article 11. Please indicate whether technical experts and specialists who are not members of the inspection staff are associated in the work of the labour inspection and, if so, what are the forms of such association.
Article 12, paragraph 2. Please indicate whether recourse has been had to the possibility provided for in this paragraph and, if so, what are the government services or institutions to which certain inspection duties have been entrusted, the nature of these duties, the manner in which they are carried out, and whether these inspection activities are subject to supervision by the central authority.
Article 18, paragraph 4. Please indicate the specific provisions of the national legislation requiring that the defects noted by the inspector when visiting an undertaking and the orders he makes or has made or for which he intends to apply are immediately made known to the representatives of the workers.
Article 19, paragraph 2. Please indicate whether labour inspectors are associated with inquiries on the spot into the causes of occupational accidents or diseases.
Article 20(b) and (c). The Committee asks the Government to indicate whether the Act on the State Labour Inspection has been amended to give effect to these provisions.
Article 24. Please indicate specific penalties prescribed by the Code of Petty Offences and the Penal Code for violation of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties.
Article 27. Please clarify whether the annual reports contain statistics of occupational accidents and diseases, including their causes.
Part III of the report form. The Committee asks the Government to indicate whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention.
Part IV of the report form. Please give a general appreciation of the manner in which the Convention is applied.
The Committee also asks the Government to provide copies of the following documents:
- the latest annual report on the activities of the State Labour Inspection;
- the Act concerning the Social Labour Inspection; and
- resolution No. 123 of the Council of Ministers concerning receipt, examination and settlement of complaints, dated 28 November 1980 (as amended).