Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that although the Government’s second report provides some information, it does not include a reply to the questions raised by the Committee in its previous comments. It also notes that the report refers to titles of laws without indicating the sections which, in the Government’s opinion, give effect to certain provisions of the Convention. The Committee requests the Government to take its previous comments into account when preparing its report and to indicate the sections which, in its opinion, are relevant in relation to the provisions of the Convention.

Article 1 of the Convention. Scope. The Committee notes that, according to the report, there are no exclusions from the application of the Convention and no exclusions are provided for under Decree No. 617/1997 regulating health and safety in agricultural activities.

Article 4(1). Coherent national policy on safety and health in agriculture. After examining the Government’s first report, the Committee noted the information provided by the Government and formulated questions when it considered that further information was necessary. In its first report, the Government indicated that the Occupational Risk Supervisory Authority (SRT), created under section 35 of Act No. 24557 (LRT) on occupational risks, is the authority responsible for implementing the occupational risk system at the national level and Act No. 19587 on occupational safety and health in federal jurisdictions. It also referred to the LRT created under section 40 of the LRT; the tripartite National Commission for Agrarian Work, created under section 85 of Act No. 22248 on the agricultural system; tripartite regional advisory committees appointed by the National Agricultural Labour Committee under section 88 of Act No. 22248, of which there are 14 to date; and the Federal Labour Council (CFT). The Committee notes that the Government adds in its second report that consultations are held within the SRT by means of meetings convening the Ministry of Agriculture, Livestock, Fisheries and Food, the Argentine Rural Society, the Argentine Agrarian Federation, the Argentine Rural Confederations, the Agricultural Intercooperative Confederation; and the Argentine Union of Rural Workers and Stevedores. It also notes that, according to the Government, the ILO Programme on Safety and Health at Work and the Environment (SafeWork) provided assistance in 2004 to transpose the provisions of the Convention into the national legislation but that the fact that certain sections of the LRT were declared unconstitutional meant that the proposal could not be submitted for tripartite debate. The Committee considers that the application of this Article of the Convention is dynamic since it requires Members to formulate, carry out and periodically review their national policies. Consequently, the Committee requests the Government to provide information on the consultations currently being held on the process of transposing the provisions of the Convention into national legislation as mentioned by the Government and once again requests it to provide further information on the basic principles of its national policy, the manner in which it is periodically reviewed, the frequency and activities relating to the revision or periodic review of its national policy, as well as any changes arising from that review.

Article 4(2)(c). Mechanisms for inter-sectoral coordination among relevant authorities and bodies in the agricultural sector. The Committee understands from the Government’s first report that the bodies mentioned in the paragraph above are responsible for coordination. The Government adds the System of Labour Inspection and Social Security (SIDITYSS) to the list of bodies. The Committee once again 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. Furthermore, it requests the Government to provide information on the mechanisms for inter-sectoral coordination among relevant authorities and bodies in the agricultural sector.

Article 5(1) and (2). Adequate and appropriate system of inspection for agricultural workplaces. The Committee notes that, according to the report, in the context of the SIDITYSS, labour inspection duties at the local and regional levels are carried out in accordance with the Labour Inspection (Agriculture) Convention, 1969 (No. 129). The Committee once again 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(2). Two or more employers in an agricultural workplace. Duty to cooperate in applying the safety and health requirements. The Committee notes the Government’s indication that employers must ensure the health and safety of workers in accordance with the obligations established in a list of legislation in force given at the beginning of the report. The Committee requests the Government to provide specific information on the provisions of the national legislation or the measures taken by the competent authority that establish the cooperation provided for in this paragraph in applying the safety and health requirements. Furthermore, please 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 once again requests the Government to provide detailed information on the manner in which it ensures that appropriate assessments are carried out regarding the matters covered by this paragraph, for: (a) employers insured under the Employment Risk Insurance (ART); (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 once again 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. Rights and obligations of workers. The Government indicates that the procedures allowing the rights provided for under this Article to be exercised have not yet been fully established and transposed into national legislation. The Committee requests the Government to indicate the rights which have been transposed into national legislation and the relevant sections of the corresponding laws, as well as those which have not yet been transposed. With regard to those which have not been transposed, the Committee recalls that even if it has not adopted the necessary legislation, the Government is under the obligation to ensure their application in practice. The Committee requests the Government to adopt the necessary measures in this regard and to provide information on this matter.

Article 8(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, or, in the absence of such provisions, on the manner in which it ensures the application of this provision in practice.

Article 8(1)(c). Right of workers to remove themselves from danger resulting from their work activities. 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, or, in the absence of such legal provisions, on the manner in which it ensures the application of provision in practice.

Article 9(1). Technical standards. Machinery safety and ergonomics. The Committee notes the Government’s indication that this provision is applied by means of Title III of Decree No. 617/97. The Committee previously noted this information in the Government’s first detailed report. The Committee once again 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(2). Manufacturers, importers and suppliers. Machinery safety and ergonomics. The Committee once again requests the Government to provide information on the measures taken to ensure that manufacturers, importers and suppliers comply with the standards set out in paragraph 1 and provide adequate and appropriate information in the language of the user country.

Article 9(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 once again 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 notes that the Government reiterates the information provided in its first report. The Committee once again 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(1) and (2). Evaluation of risks, consultation and establishment of health and safety requirements for handling and transport of materials. The Committee notes that the Government reiterates the information provided in its first report. 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 requests 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. Furthermore, the Committee requests further information on the measures that ensure 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. In its previous comments, the Committee noted that, according to the Government, the competent authorities for the matters covered by this Article are SENASA, the Secretariat for Industry, Trade 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 noted that, according to the Government, these issues fall outside the SRT’s remit. The Committee pointed 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 notes that the Government indicates in its latest report that the competent authority is the National Food Safety and Quality Service. The Committee once again requests the Government to provide detailed information on the effect given to these paragraphs of the Convention. Recalling also 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, the Committee requests 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 once again requests the Government to provide information on the manner in which chemical waste is collected, recycled 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 once again requests the Government to provide information on the preventive measures taken 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 ensures compliance with such measures. The Committee also requests the Government to provide statistical information on occupational diseases or accidents related to chemicals that have occurred among the persons protected by the Convention.

Article 14. Protection against biological risks. The Committee notes that, according to the Government, this Article is applied by means of Title X of Decree No. 617/1997. The Committee notes that these regulations cover the handling of animals but it requires further information on biological risks. The Committee notes that, according to the SRT’s report, noted in its previous direct request, this is one of the sectors with a high accident rate. The Committee therefore once again 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(1) and (2). Young workers and hazardous work. The Committee notes that the Government reiterates information provided in its first report. In its previous comments, the Committee noted that section 112 of Act No. 22248 prohibits the assignment of minors under the age of 18 years to work which is arduous, dangerous or unhealthy. It also noted that Act No. 26390 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 welcomed this provision which applies penalties and also considered that comprehensive treatment of this issue requires strong preventive measures and monitoring of their application. The Committee once again 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(3). Appropriate training.  The Committee once again requests the Government to provide information on the training of young persons as from 16 years of age in work which, although not included in the category referred to in section 112 of Act No. 22248, could nonetheless effect their 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 once again 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 notes that, according to the Government, this Article is applied by means of Title III, Chapter V of Act No. 22248 and CNTA Resolution No. 08/2001 on the special paid leave of one day per year. The Committee indicates that this provision requires a more comprehensive approach to reproductive health and the measures to be taken. Consequently, the Committee once again 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(b). Minimum standards on accommodation facilities. The Committee duly notes the information provided by the Government. However, in order to obtain a fuller idea of its application, the Committee once again 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. In its previous comments, the Committee noted the information provided by the Government. It also noted the special publication of the SRT entitled “Overview of occupational risks in the agricultural sector”, 2007, on the SRT’s website: 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.

The Committee notes that, according to the Government’s second report, 260,265 workers in agricultural production and 37,224 workers in agricultural services were covered by the occupational risk system in 2008. Furthermore, the Committee takes this opportunity to bring the Government’s attention to the Meeting of Experts that was held 25–29 October 2010 to adopt a code of practice in agriculture (see www.ilo.org/public/english/dialogue/sector/techmeet/
meshal10/index.htm).

Noting that this information replies only very partially to the questions raised in its previous direct request, the Committee once again requests the Government to provide information in its next report on the measures taken as a result of the abovementioned report, the results, available statistics and any new reports on the safety and health of workers in the sector. It also requests the Government to provide information on the total estimated number of workers covered by the Convention (including non-registered workers not covered by the occupational risk system) 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 any other information it deems appropriate on the manner in which the Convention is applied.

[The Government is asked to reply in detail to the present comments in 2011.]