Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. The Committee takes note of the comprehensive Government’s first report, including information on the practical application of the Convention through the Report on the Labour Inspection Activities for 2003, which allows the Committee to appreciate the manner in which the Convention is applied in practice in the country. It appears from the information available that legislative conformity is ensured with the main provisions of the Convention and that complementary information is required on the application of a number of points referred to in the following. The Committee takes this opportunity to refer to a project from 2003 to adopt a plan of measures to implement the provisions of the Convention and would be grateful if the Government would provide any information on progress achieved in this respect. The Government is requested to provide, in its next report, the information concerning the following points.

2. Article 6, paragraph 2, of the Convention. Information on the provisions of national laws and regulations or other measures taken by the competent authority regulating the prescribed cooperation in applying safety and health requirements between two or more employers that undertake activities in an agricultural workplace.

3. Article 7, paragraph (c). Information on legislative or other provisions containing the employers’ obligation to take immediate steps to stop any operation where there is an imminent and serious danger to safety and health and to evacuate workers.

4. Article 9, paragraph 1. Information on legislative or other provisions prescribing that personal protective equipment used in agriculture comply with national or other recognized safety and health standards.

5. Article 9, paragraphs 2 and 3. Measures to ensure that manufacturers, importers and suppliers comply with the technical standards and provide adequate and appropriate information, in the official language or languages of the user country, to the users and, on request, to the competent authority, and that employers shall be sure that workers receive and understand such information.

6. Article 11, paragraph 1. Measures to establish safety and health requirements, based on risk assessment, technical standards and medical opinion, for the handling and transport of materials, particularly on manual handling.

7. Article 12. Measures to ensure that the competent authority establish a system for the importation, classification, packaging and labelling of chemicals used in agriculture and for their banning or restriction as well as a system for the safe collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals; provision of adequate and appropriate information to the users from those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculture.

8. Article 13. Measures to ensure that there are preventive and protective measures for the use of chemicals and handling of chemical waste at the level of the undertaking as well as for the preparation, handling, application, storage and transportation of chemicals.

9. Article 14. Information on national laws or regulations ensuring that risks such as those of infection, allergy or poisoning are prevented or kept to a minimum when biological agents are handled, and activities involving animals, livestock and stabling areas, comply with national or other recognized health and safety standards. Please also include information on legislative or other measures - including the development of national standards - specifically as regards the handling of poultry and the possible risks related thereto.

10. Article 19, paragraph (b). Information on legislative or other provisions prescribing the minimum accommodation standards for workers who are required by the nature of the work to live temporarily or permanently in the undertaking.

11. Part V of the report form. The Committee notes with interest the detailed information regarding the practical application of the Convention including the information contained in the report from the Labour Inspectorate Activities for 2003 as well as the institutional cooperation established between the labour inspectorate and the Ministry of Agriculture and Food Industry through Ordinance No. 193 of 3 September 2003 on measures related to labour protection. The Committee notes with concern that the labour inspectorate reports that in the course of inspections carried out in almost 300 agricultural undertakings, some 3,000 cases of infringements of legislative and other provisions in the area of occupational safety and health have been reported. The Committee also notes that, according to information in the report, the inspectorate exercises its authority, inter alia, through the granting of authorizations to undertakings to carry out productive activities and that such authorizations can be conditioned on establishing suitable occupational safety and health conditions. The Committee requests the Government to keep it informed of all these developments with its next report and to include information on any other measures taken or envisaged to address these concerns as well as a copy of Ordinance No. 193 of 3 September 2003.