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

Legislation. The Committee notes the Government’s indication in its report that it has not yet adopted any specific legislation to regulate safety and health in agriculture and that the provisions of existing legal texts, albeit not specific to this area, give full effect to the provisions of the Convention. The Committee would like to emphasize that the full application of the Convention calls for the adoption of legislation that specifically covers occupational safety and health (OSH) in agriculture. The Committee requests the Government to keep the Committee informed of all progress made in this regard.

Article 4(1) of the Convention. Adoption of a coherent national policy. The Committee notes the Government’s indications that national labour policy defines government policy on OSH in all enterprises established in Burkina Faso. It also notes that section 6 of Decree No. 2011-715 establishing the structure and functioning of the National Advisory Technical Committee on Occupational Safety and Health provides that this tripartite committee is responsible for issuing suggestions and opinions on the regulation of OSH and that it gives its views on the direction and implementation of national policy for the prevention of occupational risks. However, the Government does not supply any information on existing OSH policy in agriculture. The Committee wishes to remind the Government of its obligation under Article 4(1) of the Convention to formulate, carry out and periodically review a coherent national OSH policy in agriculture, after consulting the representative organizations of employers and workers concerned. The Committee requests the Government to supply information on the measures taken or contemplated to adopt a coherent OSH policy in agriculture, and also on the consultations held in this area with the social partners and, if applicable, to send the relevant legal texts relating to this policy.

Article 7(c). Immediate steps to stop any operation where there is an imminent danger. The Committee notes that section 247(2) of the Labour Code provides that, after being notified that a situation poses an imminent and serious danger to safety and health, the employer cannot ask workers to return to their posts as long as the danger persists. It also notes that sections 71 and 72 of Decree No. 2011-928 establishing general OSH measures stipulate that workplaces must be designed in such a way as to allow evacuation where necessary. However, these provisions do not impose any obligation on the employer to take immediate steps to stop any operation where there is an imminent and serious danger or to evacuate workers, as required by Article 7(c) of the Convention. The Committee requests the Government to provide information on any laws or regulations that give effect to this Article of the Convention.

Article 12(c). Suitable system for the safe collection, recycling and disposal of chemical waste. The Committee notes that, according to section 18 of Decree No. 2011-883, the employer must ensure that residues of dangerous substances or preparations and waste are withdrawn from workplaces and stored safely before being removed and treated according to the environmental standards in force and, according to section 19, these substances or their containers must be handled or treated in order to eliminate or minimize the risks to safety and health and to the environment. However, it notes that the report does not contain any information on the system established for the safe collection, recycling and disposal of chemical waste, as required by Article 12(c) of the Convention. The Committee requests the Government to supply details of the steps taken to ensure a suitable system for the safe collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals.

Article 14. Protection against biological risks. The Committee notes that section 15 of Decree No. 2011-883 imposes the obligation on the employer to designate a competent person responsible for assessing the risks connected with dangerous substances or preparations and to implement appropriate protective measures, while sections 20–23 describe the protective and preventive measures to be implemented by the employer. However, it notes that the legislation referred to in the report does not appear to contain provisions 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 standards, in accordance with Article 14 of the Convention. The Committee requests the Government to provide information on the measures adopted to give full effect to these provisions of the Convention and to provide copies of any relevant legislative texts.

Article 21. Coverage against occupational injuries and diseases. The Committee notes that section 255 of the Labour Code stipulates that every employer shall ensure health protection for his workers. However, the information provided does not allow the Committee to evaluate the effect given to this provision of the Convention. The Committee requests the Government to send detailed information on the coverage provided by an insurance or social security scheme against occupational injuries and diseases for workers in agriculture.

Total absence of information on the application of certain provisions. The Committee notes that the Government has not supplied any information on measures giving effect to the following Articles of the Convention: Article 9(2) and (3) (information on machinery safety); Article 10 (use of machinery); Article 11 (handling and transport of materials); Article 15 (agricultural installations); Article 16 (young workers and hazardous work); Article 18 (women workers); and Article 20 (working time arrangements). The Committee requests the Government to provide detailed information on the relevant laws and regulations or any other measures that give effect to these Articles of the Convention.

Application of the Convention in practice. The Committee notes that, according to the Government, between 80 and 85 per cent of the population of the country (which stood at 16.93 million inhabitants in 2013, according to the World Bank), namely between 13.54 and 14.39 million persons, work in agriculture. The Committee requests the Government to supply a general description of 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 measures giving effect to the Convention, the number and nature of infringements reported, and the number, nature and cause of accidents reported in the context of agricultural activity.