Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Referring also to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee takes note of the Government’s report received on 12 October 2009.

Article 6(1)(a) and Articles 14, 20, 26 and 27 of the Convention. For many years, the Committee has been regretting the absence in annual reports on the work of the inspection services of specific data on the activities of the labour inspectorate in agriculture, with the exception of statistics of occupational accidents and diseases, which are presented by sector of economic activity. In its previous comments, the Committee observed that the activities of the labour inspectorate in the agricultural sector appeared to be focused on combating illegal employment and not on the conditions of work and the protection of workers while engaged in their work, as required by the Convention.

The Committee notes from the latest annual report provided by the Government that the highest number of accidents for 2008 was in the timber‑processing sector, due primarily to lack of experience, insufficient training and professional skills of accident victims, as well as non-use of personal protective equipment and lack of safety appliances. The Committee recalls once again that the specific characteristics of work in the agricultural sector involve specific risks to which workers are exposed (for example, risks related to the handling and use of chemicals and agricultural machinery) and therefore requires specific skills from inspectors acquired through adequate training (Article 9(3)) and facilities (Article 15), such as transport and other facilities that take account of the distant and remote nature of agricultural undertakings, as well as appropriate equipment for measuring and analysis. Only where relevant training is provided to labour inspectors, can the latter perform the very important preventive function entrusted to them according to Article 6(1)(b) of the Convention, namely to supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions. In this regard, Paragraph 2 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133) promotes the association of the labour inspectorate in agriculture in training of workers and Paragraph 14 relates to the appropriate means by which Members should promote education campaigns intended to inform the parties concerned, not only of the need to apply strictly the legal provisions but also of the dangers to the life or health of persons working in agricultural undertakings and the most appropriate means of avoiding them. The Committee has noted significant progress with regard to the safety and health of workers in countries where such campaigns were carried out, particularly in forestry work. The Committee therefore urges the Government to take appropriate measures to ensure that agricultural undertakings liable to inspection are inspected as often and as thoroughly as necessary. Referring to its 2009 general observation under this Convention, it would be grateful if the Government would indicate whether the labour inspection services can base their work on a census of agricultural undertakings liable to inspection and the workers engaged therein so as to be able to plan the activities to be undertaken in the sector and allocate the necessary resources. If this is not the case, the Government is requested to take measures for this purpose and to keep the Office duly informed. Finally, the Committee would be grateful if the Government would ensure that the annual report on the inspection activities in the agricultural sector contains detailed information as requested by Article 27.