Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Poland (Ratification: 1995)

With reference to its comment under the Labour Inspection Convention, 1947 (No. 81), the Committee would like to draw the Government’s attention to the following points:

Article 6 of the Convention. Occupational safety and health in agriculture at the level of the national labour inspectorate. The Committee notes that in 2009 a Safety and Health Commission in Agriculture was established in the national labour inspectorate and that its responsibilities include developing guidelines for prevention in the field of occupational safety and health in agriculture and the provision of opinions concerning draft legal texts on that subject. The Committee would be grateful if the Government would provide further information on the activities of the Safety and Health Commission in Agriculture (including any relevant documents or texts), as well as information on its legal basis and composition.

Article 16(1), of the Convention. Right of inspectors to enter freely agricultural undertakings. With reference to its previous comments regarding the obligation to obtain prior authorization from the supervisory authority to exercise the right of entry into workplaces liable to inspection, the Committee notes the Government’s indication that this requirement does not apply to agricultural undertakings engaged in crop farming and animal husbandry, horticulture, market gardening, forestry and inland fisheries, as they are exempt from the scope of the Act on Freedom of Economic Activity (AFEA), in conformity with section 3 of the Act. However, the Committee also understands that there are uncertainties of interpretation as to whether or not certain activities in the area of agriculture fall within the scope of the AFEA. Also referring to its comment under the Labour Inspection Convention, 1947 (No. 81), the Committee once again asks the Government to take all appropriate steps to remove any requirement in law for labour inspectors to seek authorization from the supervisory authority to exercise their right of entry into workplaces liable to inspection. Please provide information in the next report on these measures and a copy of any relevant text.

Articles 26 and 27 of the Convention. The Committee reminds the Government once again of the obligation of the central inspection authority to publish and communicate to the ILO within the time limit set out in Article 26, either in the form of a separate report or as part of the general annual report, a report illustrating the work of the labour inspection services in the agricultural sector containing the information required by clauses (a)–(g) of Article 27.