Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Safety and Health in Agriculture Convention, 2001 (No. 184) - Burkina Faso (Ratification: 2009)

Other comments on C184

Direct Request

2015
2014
2012

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The Committee notes the observations of the National Confederation of Workers of Burkina (CNTB), received on 25 August 2015, according to which the activities of the Workers’ Health Office are limited to the formal sectors and are carried out among workers in major urban centres. In addition, the CNTB alleges that the Centres for Health and Social Promotion (CSPS), whose purpose is to ensure the health of the population, do not cover the whole country. The Committee requests the Government to provide its comments in this regard.

The Committee notes the information provided by the Government in its report in reply to its previous request concerning the application of Article 7(c) of the Convention on immediate steps taken by the employer to stop any operation where there is an imminent danger.

Article 4(1). Formulation of a coherent national policy on safety and health in agriculture. The Committee notes the Government’s indication, in response to its previous comments, that the national policy on occupational safety and health is integrated into the national labour policy, in programme No. 4, which sets out three objectives: the prevention of occupational risks; the reduction of the worst forms of child labour; and the fight against sexually transmitted diseases, HIV/AIDS and tuberculosis in the workplace. It adds that this programme covers all areas, including agriculture, and that the operational action plan of the national labour policy is under implementation. The Committee requests the Government to provide detailed information on specific activities undertaken within the framework of the implementation of programme No. 4, aimed at preventing occupational accidents and injury to health in the agricultural sector, and on the results achieved.

Article 12(c). Suitable system for the safe collection, recycling and disposal of chemical waste. The Committee notes that, in response to its previous comments, the Government refers once again to sections 18 and 19 of Decree No. 2011-883/PRES/PM/MFPTSS/MICA/MAH/MEDD of 24 November 2011 establishing measures for the distribution and use of substances and preparations for industrial use that pose dangers to workers, and indicates that these sections give effect to Article 12(c) of the Convention. The Committee notes, however, that the obligations and responsibilities defined in these sections apply to employers only. It recalls that the implementation of Article 12(c) requires the adoption of measures by the competent authority to ensure a suitable system for the safe collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals to prevent them from being reused and to eliminate or minimize the risks to safety and health of the population and to the environment. The Committee requests the Government to provide detailed information on the practical measures taken by the competent authority to ensure the implementation and maintenance of such a system.

Article 14. Protection against biological risks. Further to its previous comment, the Committee notes the Government’s reference to Decree No. 2011 883 and Decree No. 2011-928/PRES/PM/MFPTSS/MS/MATDS of 24 November 2011 setting out the general measures on occupational safety and health. The Committee nevertheless notes that these Decrees contain no specific provisions to prevent or keep to a minimum risks such as those of infection, allergy or poisoning relating to the handling of biological agents or to ensure compliance with national or other health and safety standards concerning activities involving animals, livestock and stabling areas. The Committee requests the Government to specify the legislative or regulatory provisions that ensure the protection of agricultural workers against biological risks and risks related to contact with animals.

Articles 9(2) and (3) (safety information regarding the use of machinery); 10 (use of machinery); 11 (handling and transport of materials); 15 (agricultural installations); 16 (young persons and hazardous work); 18 (women workers); and 20 (organization of hours of work). In relation to the application of these provisions, the Committee notes the Government’s reference to Decree No. 2011 928, and to Order No. 2011 1556/MFPTSS/SG/DGPS/DSST of 28 December 2011 establishing the list of equipment subject to periodic checks, and to Order No. 2014-050/MFPTSS/MICA of 9 September 2014 on the exhibition, sale or transfer of different machines, devices or installations that pose a danger to workers. The Committee notes, however, that the Government provides no indication regarding the specific provisions of these regulatory texts which give effect to the Convention. The Committee therefore once again requests the Government to provide detailed information on the manner in which effect is given to the abovementioned Articles of the Convention, by specifying, in particular, the relevant provisions of the regulatory texts referenced. It also requests the Government to forward a copy of Order No. 2014-050.

Application in practice. The Committee notes that the Government’s report contains no information on the manner in which the Convention is applied in practice. The Committee, therefore, once again requests the Government to provide general indications on the manner in which the Convention is applied in practice and, if such data exist, any information relating to the number of workers protected by the relevant legislation, the number and nature of infringements reported, and the number, nature and cause of accidents reported in the context of agricultural activity.