Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s report for the period from 1 June 2005 to 31 May 2007, the replies to its previous comments, and the additional information subsequently supplied by the General Labour Inspectorate with regard to the application of the Convention.

It also notes the comments on the application of the Convention from the Confederation of Retail and Services of Portugal (CCP), the General Confederation of Portuguese Workers (CGTP-IN) and the General Union of Workers (UGT), forwarded by the Government with its report. With regard to the points raised by the CGTP-IN, the Committee refers to its observation under Convention No. 81. It also notes that the comments from the UGT relate to the same points as those forwarded by the Government with its report in 2005.

1. Article 6, paragraph 1(a) and (b), and Articles 22, 23 and 24 of the Convention. Inspection activities in relation to prevention, prosecution and sanction of contraventions. According to the CCP, the labour inspection situation in agriculture justifies the implementation of an integrated inspection model in which the enforcement of the legislation would be accompanied by the promotion of a culture of prevention. The Committee notices that this view was already expressed in 2005 by the Portuguese Confederation of Tourism (CTP).

The UGT considers that the existence of a large number of small enterprises, especially family enterprises, makes the task of enforcement difficult. Whatever the scale of action on the part of the labour inspectorate, it would still be far from adequate in a sector as specific as agriculture. The union continues to regret the failure to follow up certain initiatives, such as campaigns which did not yield the expected results.

The Committee notes the information supplied by the Government with regard to enforcement and prevention activities on the part of the labour inspectorate in agriculture. In particular, it notes that the General Labour Inspectorate encourages improvements in conditions of work not only by means of technical information or advice which it gives to employers, workers or their representatives regarding the best way to apply the provisions of the legislation or agreements but also by means of reports ordering the adoption of measures within a reasonable period, and investigations made with a view to penalizing contraventions. It also notes that, even though the General Labour Inspectorate implements a culture of prevention by means of activities of a pedagogical nature, penalties are also imposed on employers guilty of contraventions considered to be serious or very serious. The Committee notes with interest that agriculture constitutes one of the priority sectors of labour inspection activity and that cross‑cutting activities are conducted relating to minimum conditions of occupational safety and health, undeclared work, extensions of hours of work, manual transportation of loads, and also in relation to information, consultations and worker participation. The objectives in terms of safety and health is the prevention of occupational risks linked to the use of equipment, pesticides and other chemical substances, the handling of animals, the elimination or storage of residues, the storage of grain and fodder and other agriculture products. Social partners participate in this activity in the context of an agriculture working group mandated to evaluate the results of inspection work. The Government also emphasizes the importance of the implementation of the community occupational health and safety strategy for 2007 replacing the one established for the 2002–06 period. This strategy entails a comprehensive approach to occupational welfare and aims in the long-term to enhance performance in occupational safety and health with the focus on: (a) promotion of the preventive approach; (b) improvements to the legislation; (c) improvements to the practical application of legal provisions; and (d) reinforcement of inspection controls.

The Committee notes that the information contained in the annual report on the work of the General Labour Inspectorate for 2006 on inspection visits in agriculture cover only occupational safety and health. However, even though it has been recognized that agriculture is one of the sectors in which the greatest number of occupational accidents occur, the number of visits to agricultural undertakings targeting safety issues decreased significantly between 2002 and 2006. However, the Committee regrets that the disaggregation of the information supplied by the Government – which also appeared in the annual inspection report for 2006 – does not make it possible to distinguish the inspection activities relating to areas other than occupational safety and health which specifically concern the agricultural sector (inspection of general conditions of work, provision of technical advice and information, reports of contraventions, penalties imposed). The Committee requests the Government to ensure that information concerning the enforcement and prevention activities of the labour inspectorate in agriculture appears distinctly in the annual general report on the work of the labour inspectorate. It would be grateful if the Government would continue supplying information on any measure taken or envisaged to strengthen the enforcement and prevention functions of the labour inspectorate in agriculture, especially resulting from community the strategy on occupational safety and health.

2. Article 9, paragraph 3, and Article 14. Quantitative and qualitative reinforcement of labour inspection staff in agriculture. With reference to its observation under Convention No. 81 concerning the increase in the number of inspectors and the progression envisaged in the near future, and training activities for inspectors in 2005 and 2006, the Committee notes that 31 inspectors underwent a six-hour period of training on occupational safety and health in agriculture. The Committee would be grateful if the Government would supply further details of the content of this training and also indicate the impact of the quantitative and qualitative reinforcement of inspection staff overall on the functioning of labour inspection in agricultural undertakings. It also requests it to indicate in particular all measures taken to ensure, in conformity with Article 9, paragraph 3 of the Convention, adequate training for inspectors for the performance of their duties in agriculture and further in-service training.

3. Article 17. Association of the labour inspectorate in prior controls of workplaces, activities and manufacturing processes and use of new products and substances. According to the Government, the association of the inspectorate in prior controls takes the form of joint inspections and the issuing of opinions in the context of authorization procedures concerning the installation, modification and functioning of workplaces. While noting this information with interest, and the information to the effect that, during the period from 1 June 2006 to 30 May 2007, the General Labour Inspectorate conducted 69 inspection visits in the agricultural sector and issued 14 opinions in favour of the authorization of operations, the Committee would be grateful if the Government would indicate whether these inspections and opinions also concerned the use of new products and substances likely to endanger the health or safety of workers in agricultural undertakings.

4. Article 27. Content of the annual inspection report. The Committee hopes that the Government will ensure that the annual inspection report contains specific, distinct information concerning agriculture and that, as announced, an annual report concerning the autonomous regions of the Azores and Madeira will also be published and sent to the ILO.