Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the Government’s partial replies to its previous comments and the attached documents. It draws the Government’s attention to the following points.

1. Security and the particular conditions of service of labour inspectors operating in agricultural enterprises located in dangerous areas. In its previous comments, the Committee reiterated its concerns regarding the exposure of labour inspectors operating in agricultural undertakings to the risks inherent in the climate of insecurity prevailing in certain regions. It hoped that the Government would contemplate the possibility of adopting measures to guarantee inspectors an appropriate level of protection and hoped that the relevant information would be communicated. Noting that no mention of this subject is made in the Government’s report, the Committee urges the Government to adopt adequate protection measures with regard to these officials and to keep the Office informed in this regard.

2. Article 17 of the Convention. Association of labour inspectors in preventive controls in agricultural undertakings. The Committee notes that the information provided by the Government under this provision to the effect that all undertakings employing more than ten workers must have a joint committee on industrial safety (COPASO) under the national legislation. This committee, composed of employers’ and workers’ representatives, is responsible, inter alia, for proposing the adoption of measures for developing prevention activities; for periodically visiting workplaces and undertaking controls of the working environment, machinery, equipment, appliances and activities of workers in all sections of the enterprise; and informing the employer of the existence of sources of danger and suggesting corrective and supervisory measures. Undertakings employing less that ten workers would have a look-out designated by joint agreement of the employer and workers. This information does not meet, however, the specific request of the Committee concerning the measures taken to give effect to the provision of the Convention. The Government is therefore requested to refer to the guidance given on this subject by Paragraph 11 of Recommendation No. 133 supplementing the Convention, and to provide information on any cases or circumstances in which, if appropriate, the legislation provides that the labour inspection services shall be associated with 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. It would be grateful, in the absence of legislation on this subject, if the Government would take the necessary measures to rectify this deficiency and to provide relevant information in this regard.

3. Article 19. Notification of occupational accidents and cases of occupational disease and association of the inspectorate with inquiries. The Committee notes with interest the announcement of the drawing up of a training plan on occupational safety and health for the territorial departments with a view to strengthening inspection, surveillance and control activities. The Committee welcomes this measure which gives effect to Article 9, paragraph 3, and hopes that additional information will be provided on its impact on the results of inspection activities. It observes, however, that the Government still does not indicate whether, firstly, the legislation stipulates the circumstances and the manner in which the labour inspectorate in agriculture shall be notified of occupational accidents and cases of occupational disease (Article 19, paragraph 1) or, secondly, whether inspectors shall be associated with any inquiry on the spot into the causes of the most serious occupational accidents or occupational diseases (Article 19, paragraph 2). The Committee hopes that the Government will provide the requested information or, if no effect has been given to these provisions, adopt the necessary measures to this end and keep the Office informed in this regard.

4. Articles 25, 26 and 27. Obligation to submit periodical reports and annual inspection reports. Referring to its previous comments, the Committee notes that the statistical tables attached to the Government’s report do not contain specific data on inspection activities in agricultural undertakings. It also notes that, according to the Government, the central inspection authority does not publish an annual report on the activities of the labour inspection services, but that the territorial directors submit to the Special Inspection, Surveillance and Monitoring Unit quarterly reports containing, inter alia, information on the undertakings visited and penalized. The Committee reminds the Government of its obligation arising from the ratification of the Convention to ensure that the central authority publishes and communicates to the ILO, in the form and within the time limits prescribed by Article 26 and on the basis of periodical reports which must be submitted under Article 25 by inspectors or local offices as appropriate, an annual report on labour inspection activities in agricultural undertakings containing information on each of the subjects listed in Article 27.

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