Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes the Government’s first report and the legislation giving effect to a large part of the Convention. It notes with interest the work carried out by the Occupational Risk Supervisory Authority (SRT), in particular as regards the collection and analysis of statistical data concerning the application in practice of the Convention and the professional risks in the agricultural sector which gives the Government greater opportunities to target measures to improve the conditions in this sector. The Committee would still need further information on the following points.

Article 1 of the Convention. Scope. The Committee requests the Government to state whether all the categories listed in Article 1 of the Convention are covered by the Health and Safety Regulations and, if not, to indicate the other applicable provisions ensuring that the Convention is effectively applied to all the categories of work listed in this Article.

Article 4, paragraph 1. Coherent national policy on safety and health in agriculture. The Committee requests the Government to provide further information on the basic principles of its national policy and the manner in which it is periodically reviewed, giving details of the review process, together with the results and anticipated developments.

Article 4, paragraph 2(c). Mechanisms for inter-sectoral coordination among relevant authorities and bodies in the agricultural sector. The Committee requests the Government to provide more detailed information on the competent authorities and other bodies in the agricultural sector, for example those responsible for the importation and approval of machinery or chemicals which, while having no specific competence in occupational safety and health (OSH), nonetheless have competence in areas covered by the Convention. The Government is also asked to provide information on the mechanisms for inter-sectoral coordination among relevant authorities and bodies in the agricultural sector.

Article 5, paragraphs 1 and 2. Adequate and appropriate system of inspection for agricultural workplaces. The Committee requests the Government to provide practical information on the results ascertained by the labour inspection services and particularly the trends observed regarding the main problems encountered in applying OSH legislation in the agricultural sector.

Article 6, paragraph 2. Two or more employers in an agricultural workplace. Duty to cooperate in applying the safety and health requirements. The Committee requests the Government to provide information on the provisions in the national legislation or the measures adopted by the competent authority that establish the cooperation provided for in this paragraph in applying the safety and health requirements. Please also indicate whether the competent authority has established general procedures for such cooperation.

Article 7(a). Appropriate assessments and adoption of preventive and protective measures on the basis of the results. The Committee requests the Government to provide detailed information on the manner in which it is ensured that appropriate assessments are carried out regarding the matters covered by this provision, for: (a) employers insured under the Employment Risk Insurance (ART); as for (b) self-insured employers; and (c) uninsured employers. Please also provide information on the procedure for adopting preventive and protective measures on the basis of the results of the abovementioned assessment.

Article 7(c). Immediate steps to stop any operation where there is imminent danger. The Committee requests the Government to provide information on the legal provisions regulating the requirement for the employer to take immediate steps to stop any operation where there is imminent and serious danger to safety and health, and to evacuate workers.

Article 8, paragraph 1(b). Right of workers to select safety and health representatives and to participate in the application and review of safety measures. The Committee requests the Government to provide specific information on the legal provisions giving effect to this paragraph and particularly on the consultation and participation of workers in the undertaking, as required by this provision.

Article 8, paragraph 1(c). Right of workers to remove themselves from danger resulting from their work activity. The Committee requests the Government to provide specific information on the legal provisions that give effect to this paragraph and that guarantee the exercise of the right of workers to remove themselves from danger without being placed at a disadvantage as a result of these actions.

Article 9, paragraph 1. Machinery safety and ergonomics. Technical standards. The Committee requests the Government to provide information on the body or bodies responsible for setting technical standards pertaining to the machinery referred to in this paragraph.

Article 9, paragraph 2. Machinery safety and ergonomics. Manufacturers, importers and suppliers. The Committee requests the Government to provide information on the measures taken to ensure that manufacturers, importers and suppliers comply with the standards set in paragraph 1 and provide adequate and appropriate information in the language of the user country.

Article 9, paragraph 3. Ensuring that information is conveyed and understood. Bearing in mind that this paragraph requires not only the receipt of information but also its dissemination in such a way that workers understand the information supplied by manufacturers, importers and suppliers, the Committee requests the Government to supply information on the manner in which the authorities ensure that the information conveyed is understood, particularly by workers who are unable to read or have only rudimentary reading skills.

Article 10(a). Use of agricultural machinery and equipment only for work for which they are designed. The Committee requests the Government to provide additional information specifying the manner in which law and practice give effect to the prohibition against using agricultural machinery and equipment for purposes other than those for which they were designed.

Article 11, paragraphs 1 and 2. Evaluation of risks, consultation and establishment of health and safety requirements for handling and transport of materials. With reference to Resolution MTEySS 295/03, which covers all subjects relating to ergonomics and handling of loads, the Committee requests the Government to provide information on the manner in which this provision is adapted to agricultural work bearing in mind that, under this Article, requirements for the handling of materials are to be established on the basis of a risk assessment taking account of all the relevant conditions under which the work is performed, and asks the Government, if necessary, to adopt the measures required to apply the abovementioned resolution, in consultation with representative organizations of the employers and workers concerned. It also asks for additional information on the measures that ensure that workers shall not be required or permitted to engage in the manual handling or transport of a load which by reason of its weight or nature is likely to jeopardize their health.

Article 12(a) and (b). Appropriate system for the importation, classification, packaging and labelling of chemicals, and adequate information. The Committee notes the Government’s statement that the competent authorities for the subjects covered by this Article are SENASA, the Secretariat for Industry, Commerce and Small and Medium-sized Enterprises, and the Secretariat for Environment and Sustainable Development of the Nation, and that, consequently, the SRT is unable to provide information on these matters. The Committee also notes the Government’s statement that these issues fall outside the SRT’s remit. The Committee points out that this Convention implies coordination of a series of bodies, some of which, although not directly responsible for OSH, are nonetheless involved in one way or another in the process of applying the Convention. The Committee requests the Government to provide detailed information on the effect given to these paragraphs. It also points out that it is central to this Article that the information should be disseminated in such a way as to be properly understood, bearing in mind the risk inherent in chemicals, including pesticides, and accordingly asks the Government to supply detailed information on the manner in which the authorities ensure that the information has been properly understood, including where workers are unable to read.

Article 12(c). Disposal of chemical waste. The Committee requests the Government to provide information on the manner in which chemical waste is collected and disposed of, taking particular account of workers who are illiterate and of the families and children who live with such workers.

Article 13. Preventive and protective measures for the use of chemicals and handling of chemical waste. The Committee requests the Government to provide information on the preventive measures adopted in respect of the activities listed in this article, including in relation to the reproductive health of men and women, and on the manner in which the SRT assures compliance with the measures. It also asks the Government to provide statistical information on occupational diseases or accidents related to chemicals that have occurred to persons covered by the Convention.

Article 14. Protection against biological risks. The Committee requests the Government to provide information on how the legislation ensures that risks such as those of infection, allergy or poisoning are prevented or kept to a minimum in the context of protection against biological risks.

Article 16, paragraphs 1 and 2. Young workers and hazardous work. The Committee notes that section 112 of Act No. 22.248 prohibits the assignment of minors under the age of 18 to work which is arduous, dangerous or unhealthy. It also notes that Act No. 26.390 on the Prohibition of Child Labour and Protection of Work by Young Persons, raises the minimum age for admission to employment to 16 years and that section 13 of the Act penalizes the use of minors in prohibited work on the grounds that, in the event of illness or accident occurring to a minor in such work, liability for the accident or illness shall fall to the employer, no evidence to the contrary being admissible. The Committee welcomes this provision which applies penalties, and also considers that comprehensive treatment of this issue requires strong preventive measures and monitoring of compliance. It requests the Government to indicate which forms of work are deemed to be arduous, dangerous and unhealthy under section 112 referred to above, and to provide information on the preventive measures taken to ensure that minors under 18 years of age do not engage in such work, and on the supervision and application of such measures.

Article 16, paragraph 3. Appropriate training. The Committee requests the Government to provide information on the training of young persons as from 16 years of age in work which, although it is not included in the category referred to in section 112 of Act No. 22.248, could nonetheless harm safety and health, together with information on specific preventive measures for young people aged 16 and over, it being understood that this is the minimum for admission to employment.

Article 17. Temporary and seasonal workers. The Committee requests the Government to provide information on the application of this Article in practice, including information on the number of temporary workers in the sector and the mechanisms for ensuring that they receive information that is clearly understood as well as adequate training.

Article 18. Pregnancy, breastfeeding and reproductive health of women agricultural workers. The Committee requests the Government to provide detailed information on the preventive and protective measures pertaining to the reproductive health of women agricultural workers, including from the onset of pregnancy, taking into account, inter alia, the risks inherent in certain pesticides.

Article 19. Minimum standards on accommodation facilities. The Committee requests the Government to provide information on the mechanisms for ascertaining compliance with paragraph (b) of this Article, including on the conditions of accommodation for temporary and seasonal workers and on any consultations held on these matters, as required by the report form.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government. It also notes the special publication of the SRT “Overview of occupational risks in the agricultural sector”, 2007, on the SRT’s web site: http://www.srt.gov.ar/publicaciones/informesespeciales/Agro_2007.pdf. This report examines the situation on the basis of data from 2005. According to the report, in 2005, 40,065 cases of occupational accidents and diseases were notified in the agricultural sector out of a population of 310,747 workers covered. On the subject of mortality, the report states that:

In the period covered, 115 fatalities were registered, of which 73 occurred in the context of work; this represents an incidence rate (per million) of 370.1, second only to the mining and quarrying sector, and well above the overall rate of 142.8. Furthermore, if one excludes fatal accidents in the course of travel from home to work and back, the rate is 234.9 as against an overall rate of 88.3 taken as a reference.

And on the matter of likelihood of accidents, the report states that:

The risk in the agricultural sector measured in terms of accident likelihood (per 1,000 workers covered) – the rate used in registering occupational accidents and diseases – was 113.96, the overall rate being 81.46. Again, if one excludes accidents occurring in the course of travel, the rate is 106.31 for the whole sector and 69.03 for all workers covered by the occupational risk system.

While noting this information, the Committee requests the Government to provide particulars in its next report of the measures taken as a consequence of the abovementioned report, the results, available statistics and any new reports on the safety and health of workers in the sector. It also asks the Government to send information on the total estimated number of workers covered by the Convention (including non-registered workers) and on efforts to register them, so as to ensure that these workers enjoy the protection afforded by the Convention, and the results of such efforts. The Committee would be grateful if the Government would include all other information it deems appropriate on the manner in which the Convention is applied.