National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
DISPLAYINEnglish - French - Spanish
Article 5(a) and (b) of the Convention. Cooperation and collaboration with a view to improving the protection of agricultural workers and their family members against risks to safety and health in agricultural undertakings. The Committee notes with satisfaction the information supplied by the Government in its report received in November 2008, on the initiatives taken by the Danish Working Environment Authority with the National Centre of the Danish Agricultural Advisory Service to improve occupational safety and health and reduce the number of accidents in agricultural undertakings since the beginning of 2006, in particular to reduce the number of fatal accidents occurring in the sector. During the first half of 2008, the Danish Working Environment Authority organized meetings with stakeholders in the sector to evaluate and continue to focus on these initiatives.
The Sector Working Environment Council BAR Jord til Bord was established under the Working Environment Act to contribute to solving safety and health problems in the agricultural sector and to support safety and health measures at the sectoral and enterprise levels. Among the Council’s activities, the Government draws attention to the following activities focusing on safety and health in the agricultural sector, which are described on its web site (www.barjordtilbord.dk/):
– A survey of all work processes in order to obtain a total outline of initiatives, which may help to improve safety and health at work in the potato production process was prepared in cooperation with the United Federation of Danish Workers, the Market Garden, Agricultural and Forestry Management Employers’ Association and the National Centre of the Danish Agricultural Advisory Centre (“Safety and health at work in handling potatoes”).
– A national campaign focusing on traffic, machinery, children and accidents due to falls, as the most important causes of serious accidents in the agricultural sector.
– Numerous articles on industrial injuries caused by large animals have been written under the Health and Safety Committee of Farming, in the context of the Sector Working Environment Council BAR Jord til Bord. These articles can be downloaded from the Council’s web site.
– The Safety and Health Committee of Agriculture has revised “The Sector Guidelines on children and young persons’ work in agriculture”, approving and prohibiting tasks, working and rest periods for children and young persons, including trainees and children and young persons in family farming. The rules on young persons driving tractors and working with substances and materials are also being reviewed.
– The Safety and Health Committee of Agriculture has worked together with the Silkeborg State Forest Region on preparing tools tailored for agriculture, including material on the completion of the statutory workplace assessments (WPA), with a survey on the psychosocial working environment and job satisfaction.
With references to its 2008 observation, in which it welcomed the screening procedures established to assess the status of enterprises in relation to occupational safety and health legal requirements, the Committee notes that all agricultural enterprises with employees are subject to screening within the period 2005–11 by the general inspection services of the Danish Working Environment Authority. The screening is an unannounced visit and lasts for an average of two hours during which safety and health at work is reviewed, the aim being to identify enterprises with serious safety and health problems and to select these for more thorough inspection. On the occasion of screening activities in 2005, 2006 and 2007, the Danish Working Environment Authority issued a number of stop notices (13, 15 and 15, respectively) and improvement and immediate improvement notices (265, 338 and 222, respectively), while guidance was given in 166, 169 and 55 cases, respectively, primarily linked to risks of accidents, the effort required, ergonomic safety and health problems, and chemical and biological risks.
The Committee takes note of the Government’s report and the abundant documentation attached. It notes in particular with satisfaction the information that one of the awards from the European Good Practice Award 2005 was given to a Danish project about noise in agriculture and that more information about the project is available on www.stojiilandbruget.dk. It also notes that the Sector Working Environment Council issues many publications about improving health and safety in agriculture and has started many initiatives to improve health and safety conditions. The more recent initiatives are available on www.barjordtilbord.dk.
The Committee also notes with interest that the National Working Environment Authority has issued a report on the judgements regarding working environment legislation delivered in 2000 by the Danish High Court pointing out that the majority of these cases were regarding danger of accidents, for example working with dangerous machinery, defects in transport equipment and cranes, illegal handling of items, danger of falling and collision, as well as danger of explosion and fire. Information on relevant judgements by the Danish High Court for the period 2000-05 are available on the web site of the National Working Environment Authority.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes that the local authorities and the health authorities, not the Working Environment Service, are responsible for ensuring compliance with the legal requirements for compulsory schooling of young workers. With reference to Article 6 of the Convention, the Government indicates that legislation does not assign the labour inspectors to any advisory or enforcement functions in respect of legal provisions relating to living conditions of workers and their families. The Committee notes the information in the report to the effect that the Act on certain working conditions in agriculture (Act No. 415 of 1 June 1994) governs matters of board and lodging of employees performing domestic or agricultural work. Noting in addition that, under section 74 of the Working Environment Act, the Minister of Labour may delegate some of the Working Environment Service’s tasks to other government authorities or private institutions, the Committee would be grateful if the Government would indicate whether the programme Clean Working Environment 2005 which is mentioned in its report contains measures involving action by the labour inspectors and to specify how supervision is effected regarding application of the abovementioned Act No. 415 of 1994. Finally, the Government is requested to supply information on the measures taken in application of section 74 of the Working Environment Act in regard to the matters covered by the provisions of this Convention.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:
Referring also to its observation, the Committee notes that the local authorities and the health authorities, not the Working Environment Service, are responsible for ensuring compliance with the legal requirements for compulsory schooling of young workers. With reference to Article 6 of the Convention, the Government indicates that legislation does not assign the labour inspectors to any advisory or enforcement functions in respect of legal provisions relating to living conditions of workers and their families. The Committee notes the information in the report to the effect that the Act on certain working conditions in agriculture (Act No. 415 of 1 June 1994) governs matters of board and lodging of employees performing domestic or agricultural work. Noting in addition that, under section 74 of the Working Environment Act, the Minister of Labour may delegate some of the Working Environment Service’s tasks to other government authorities or private institutions, the Committee would be grateful if the Government would indicate whether the programme Clean Working Environment 2005 which is mentioned in its report contains measures involving action by the labour inspectors and to specify how supervision is effected regarding application of the abovementioned Act No. 415 of 1994. Finally, the Government is requested to supply information on the measures taken in application of section 74 of the Working Environment Act in regard to the matters covered by the provisions of this Convention.
The Committee notes the Government’s detailed report on the application of the Convention and the considerable volume of documentation attached. In particular, it notes with interest the information supplied relating to the 1999 general observation under this Convention and Convention No. 81 concerning the extremely positive role that can be played by the labour inspectorate against undue exploitation of child labour. In this regard, the Committee notes that the measures taken by the Government to protect the safety and health of children in the agricultural sector cover young workers but also children living at agricultural undertakings and hence facing the risks inherent in the particular living conditions that predominate in the sector. The Committee also notes with particular interest the active participation of the social partners in informing the inspection authorities on the identification of such hazards. Noting that the Ministry of Labour has launched a programme entitled: "Clean Working Environment 2005" focused particularly on the campaign for the safety of children and young people, the Committee requests the Government to supply information on the progress of this programme and its impact on the campaign against undue exploitation of child labour in the agricultural sector.
The Committee is raising other points linked to the application of the Convention in a direct request to the Government.
Articles 26 and 27 of the Convention. The Committee notes that the publication entitled Det gronne omräde (the green sector) mentioned in the Government's most recent report as having been sent has not been received by the Office. Please provide a copy of this document, along with copies of all annual inspection reports relating to agriculture as they are published in accordance with the Convention.