Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee notes the Government's report. It also notes the communication of the annual inspection reports for 1996 and 1997, as well as the observations made by the General Confederation of Portuguese Workers (CGTP), which were transmitted by the Government with its report.

Article 15 of the Convention. According to the CGTP, the labour inspection system does not have at its disposal the necessary human and material resources for the effective discharge of inspection activities. In view of the insufficient number of vehicles available to the General Inspectorate of Labour (IGT), it states that inspectors can only travel on public transport using the travel vouchers provided, in accordance with section 41 of Legislative Decree No. 219/93 of 16 June 1993, by the Institute for the Development and Inspection of Working Conditions (IDICT), which leads to them focusing their activities on urban areas and neglecting rural areas in which agricultural activities are carried out. The Committee considers that such provisions are an obstacle to the correct application of the Convention, of which Article 15 requires that the necessary arrangements be made to furnish labour inspectors in agriculture with the transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist (paragraph 1(b)), and the reimbursement to labour inspectors in agriculture of any travelling and incidental expenses which may be necessary for the performance of their duties (paragraph 2). The Committee therefore requests the Government to take these measures and to supply information in its next report on the progress achieved in this respect, with particular reference to the geographical distribution of the number of vehicles furnished to labour inspectors in agriculture and the measures which have been taken or are envisaged to ensure that labour inspectors in agriculture are reimbursed any expenses covered by this provision of the Convention.

Article 17. In reply to the Committee's previous comments under this provision, the Government states that Legislative Decree No. 441/91 of 14 November 1991 establishes the principles for the extension to the agriculture sector of occupational safety and health standards and that a Legislative Decree of 1 February 1994 issued under section 23 of the above text determines the organization and activities of the services responsible for these areas. The Government states that these provisions apply to agriculture and that, subject to authorization, the employer may exercise these activities if he has the necessary training. It also states that, in the field of occupational health, prevention and supervision are the responsibility of the institutions and services responsible for public health. The Government also states that there is no provision, as there is in the industrial sector, providing for the approval of agricultural and similar installations, but that with regard to the approval of agro-industry enterprises, the general labour inspectorate participates in the approval procedure alongside the technicians of the Ministry of Agriculture and is therefore associated with preventive control procedures. The Committee would appreciate if the Government would provide information on the cases and conditions in which the general labour inspectorate participates in the agro-industry sector in the procedures for the approval and preventive control of new installations, new substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety.

The Committee is addressing a request directly to the Government concerning the application of Articles 18, paragraph 4; 26 and 27 of the Convention.