Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the Government’s report received at the ILO in December 2006 for the June 1992–June 2006 period and also the report received in June 2008 for the June 2006–June 2008 period. It requests the Government to refer to its direct request of 2007, relating to the application of Convention No. 81, regarding the initial training of labour inspectors, criteria for determining the numbers of inspection staff in the two entities (Republika Srpska and the Federation of Bosnia and Herzegovina) and transport facilities available to labour inspectors, and to provide information in its report relating to the application of the present Convention of particular relevance to the labour inspection system in agricultural undertakings. The Committee would also like to draw the Government’s attention to the fact that its reports on the application of the Convention must contain information on the manner in which effect is given to the provisions of the Convention both in law and in practice, to enable it to evaluate the working of the inspection system in agriculture. It would be grateful if the Government would supply specific information on the agricultural sector with regard to the following points.

Articles 6, paragraphs 1(a), (b) and (c), and 2 of the Convention. Enforcement, prevention and improvement of the legislation relating to occupational safety and health in agricultural undertakings. Activities concerning the conditions of life of workers. Noting the information supplied by the Government on the legal provisions applicable to the work of labour inspectors, the Committee requests the Government to provide as detailed information as possible on the nature and volume of inspection activities (reports, notices, prosecutions, etc.) and prevention activities (information and technical advice) carried out by labour inspectors in agricultural undertakings, particularly those intended to ensure the protection of workers exposed to hazards connected with the use of chemical products or complex plant or machinery. The Committee also requests the Government to describe the procedures by which the inspection services draw the attention of the competent authority to any gaps in the legislation relating to conditions of life and work in agricultural undertakings, and would be grateful if the Government would give examples, as far as possible, of how the legislation has been supplemented in this way.

Article 9, paragraph 3. Adequate initial and further training for labour inspectors in agriculture. The Committee requests the Government to supply detailed information on specific initial and further training activities for labour inspectors in agriculture (content, duration, frequency, number of participants).

Articles 11 and 12. Cooperation between the labour inspection services in agriculture and duly qualified technical experts and specialists, government services and public institutions. The Committee notes the Government’s statement to the effect that the inspection services are obliged to cooperate with other state bodies or services to ensure effective enforcement of the regulations, the report received in 2008 stating that, under the inspection legislation of the entities and Brcko District, this cooperation is undertaken with “authorized institutions” which are empowered to perform tasks requiring technical expertise and equipment. The Government also points out that other state employees may be recruited to assist labour inspectors in carrying out inspections and resolving certain issues. While noting this general information on the applicable legislation, the Committee would be grateful if the Government would indicate the procedures by which such cooperation in agriculture is implemented in practice throughout the territory, giving specific recent examples, if applicable.

Article 13. Collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee requests the Government to indicate the measures taken to promote collaboration between officials of the labour inspectorate who perform their duties in agricultural undertakings and employers and workers or their organizations, where such exist. The Government is also requested to give recent examples, if possible, of such collaboration, particularly in the light of the guidance provided in Paragraph 14 of Recommendation No. 133.

Articles 26 and 27. Annual report on the work of the inspection services in agriculture. In the report received in 2008, the Government indicates that the labour administration does not have any statistics available. However, according to the Government’s previous report, the inspection authorities are required to submit an annual report on their work to the governments of the entities, cantons and Brcko District. Noting that such reports have not been received at the ILO, the Committee reminds the Government of the obligation to publish and communicate, under Article 26 of the Convention, an annual report containing information on the subjects set forth in Article 27. It invites the Government to refer in this regard to paragraphs 320–345 of its General Survey of 2006 on labour inspection and emphasizes the need for information specifically concerning the working of the labour inspection system in agriculture to be presented separately in a general report so that labour inspection in agriculture can be improved if necessary by the adoption of appropriate measures (paragraph 330 of the General Survey). The Committee therefore requests the Government to take the necessary measures as soon as possible to collect statistics regarding the working of the inspection services in agriculture and to ensure that the central inspection authority of each entity and Brcko District discharges its obligations to publish and communicate to the Office an annual report on the work in agriculture of the services under their control, either as a separate report or as part of its general annual report on the activities of all the inspection services. It also requests the Government to indicate any practical difficulties encountered and encourages it to ensure that the guidance contained in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), is taken into account in the preparation of such a report with regard to the level of detail of information required by Article 27 of the present Convention, particularly regarding inspection staff appointed to the agricultural sector, agricultural undertakings liable to inspection and the persons employed therein, statistics of inspection visits, violations reported and penalties imposed, and occupational accidents and cases of occupational disease, including their causes.