Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the information provided by the Government for the period ending in May 2003, the inspection reports for the years 1999-2001 and the annual report of the regional labour inspectorate of the autonomous region of the Azores. It also notes the texts of Regional Regulatory Decree No. 19/97/M of 25 August 1997 issuing the regulations of the Regional Inspectorate of the autonomous region of Madeira; Legislative Decree No. 102/2000 of 2 June 2000 issuing the regulations of the General Labour Inspectorate; Regional Regulatory Decree No. 21/2000/A of 27 July 2000 on the staff salary scales of the inspectorate and higher inspectorate of the autonomous region of the Azores; and Regional Regulatory Decree No. 14/2001/A of 22 October 2001 issuing the regulations of the Regional Labour Inspectorate of the autonomous region of the Azores. The Committee further notes the observation made by the General Workers’ Union (UGT) sent by the Government on 9 September 2002 asserting that the agricultural sector consisted largely of numerous small enterprises, family businesses in the main, making any type of inspection difficult. Despite efforts to increase the human and material resources allocated to the general inspectorate and to raise awareness among workers, employers and even the regional inspection services, the campaign carried out in the agricultural sector suffered from a lack of continuity. The Union further asserts that, although more enterprises are being inspected, to a large extent at the request of unions, in particular in the areas where the largest enterprises are concentrated and in the sectors requiring special attention (forestry saws), there are still many instances of clandestine work being subcontracted out and performed in unacceptable conditions, over which the inspectorate has no control. The Committee would be grateful if the Government would communicate its views on the problem and indicate the measures taken or envisaged to address the specific difficulties encountered by the inspection system in the agricultural sector.

Article 18, paragraph 4, of the Convention. The Committee notes with satisfaction that, following its repeated comments, section 12(2) of Legislative Decree No. 102/2000 on the General Labour Inspectorate amended the previous legislation by prescribing that labour inspectors shall, prior to leaving the establishment visited, transmit the inspection results both to the employer or employer’s representative and to the enterprise’s trade union representatives. It nevertheless requests the Government to take measures to ensure that, in the absence of a trade union representative in the agricultural enterprise, the results of inspection are made available to workers’ representatives, and would be grateful if the Government would communicate any information on these measures to the Office.

Articles 14, 21, 26 and 27. With reference to its previous comments under these Articles of the Convention, the Committee once again requests the Government to take the necessary measures to ensure that the number of agricultural enterprises liable to inspection and the number of persons employed in these enterprises is regularly included in the annual inspection report together with information on the causes of employment accidents and occupational diseases in the agricultural sector (Article 27(c), (f) and (g)).

Article 17. Further to its previous comments, the Committee notes the statement that agricultural installations are not subject to any authorization. Drawing the Government’s attention to the risks inherent in certain agricultural activities for the health and safety of workers and their families, the Committee once again requests it to take the necessary measures to adopt legislation ensuring that, in accordance with this Article of the Convention, 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 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.

The Committee hopes that the Government will provide the information requested on the content of the training given to labour inspectors in the context of the agreement concluded with the Santarem Higher School of Agriculture and on the number of inspectors receiving such training and the extent of their involvement in the 1999 European campaign on health and safety in agriculture.

The Committee is addressing a request directly to the Government concerning certain points.