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

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Romania (Ratification: 1975)

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

Articles 1(2) and 9(3) of the Convention. Adequate training and further training in the course of employment for labour inspectors in agriculture. According to the Government, almost all labour inspectors entrusted with the inspection in agriculture have participated (from 2002–09) in the programme on Occupational Safety and Health (OSH) in the framework of the project RO/99/IB/0T01, which contained modules on chemical and physical risks, including the most effective measures to protect workers exposed to chemicals; as well as on the safe use of machinery. As a large number of workers in the country are employed in agricultural undertakings, the Committee notes this information with interest, emphasizing the importance of providing labour inspectors in agriculture with specific and ongoing training in order to improve their understanding of the sector and its specific risks. With reference to its comment under the Labour Inspection Convention, 1947 (No. 81), and the comment made by National Confederation of Free Trade Unions of Romania – Brotherhood (CNSLR Frặtja), the Committee encourages the Government to enhance relevant training sessions for labour inspectors entrusted with the control of agricultural enterprises and to provide information on the types of training provided (purpose, participation, frequency, duration) and the impact of the training on inspection activities (volume and quality), as well as a copy of any relevant document. The Committee also once again asks the Government to indicate whether enterprises in the agri-food industry are covered under the present Convention.

Articles 11 and 13 of the Convention and Paragraphs 1, 2, 10 and 14 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133). Collaboration of duly qualified technical experts and specialists in the work of labour inspection and collaboration between the labour inspection services and employers and workers. The Committee notes with interest the information provided by the Government on the ongoing events and information sessions on OSH organized by the local labour inspection services, with the participation of experts qualified in the field of agriculture, employers, workers or their representatives with specific responsibility for safety and health. It once again asks the Government to specify whether, as provided in Article 11 of the Convention, it is ensured that duly qualified technical experts and specialists are associated in the work of labour inspection in agriculture to help solve problems demanding technical knowledge and to provide any relevant documentation in this respect. If such measures have not been taken, the Committee once again asks the Government to take steps aimed at giving full effect to this provision and keep the Office informed of any progress achieved.

With reference to its comment under the Labour Inspection Convention, 1947 (No. 81), the Committee asks the Government, whether specific cooperation protocols have been concluded between the labour inspectorate and employers’ and workers’ organizations and, if so, to describe the procedure for inspection in agriculture involving the social partners. It once again requests the Government to provide clarifications concerning the procedure for the evaluation of risks, and particularly on the extent of the involvement of the social partners and the precise role of labour inspectors in the context of this procedure.

Article 12. Cooperation among labour inspection services and between such services and other public or private institutions. In its previous comment, the Committee asked the Government to provide copies of the cooperation agreements between the labour inspectorate and the Ministry of Agriculture, Forests and Rural Development, the Romanian Chamber of Commerce and Industry, the National SME Agency, the National Labour Protection Research Institute and non-governmental organizations. The Committee notes that none of these agreements have been communicated to the ILO. The Committee therefore once again asks the Government to provide copies of such agreements and to keep the ILO informed of their impact on the activities of the inspection services in agricultural undertakings.

Articles 14, 15 and 21. Human resources and logistical means, frequency and coverage of inspections in agricultural undertakings and coverage. In its previous comment, the Committee noted that the labour inspection services cover around one quarter of the agricultural undertakings liable to inspection and requested the Government to indicate the measures adopted or envisaged to extend the coverage of inspections to a greater number of undertakings. It notes the Government’s reply indicating that it is planned to increase the number of inspections in high-risk enterprises and in enterprises where the incidence of reported industrial accidents and cases of occupational disease is very high as well as to increase the number of unannounced visits and short-term campaigns on the most common shortcomings in agricultural undertakings that give rise to employment accidents. The Committee notes however, that the number of agricultural undertakings increased significantly from 2009 to 2010, whereas the number of inspections fell slightly, which means that the labour inspection services cover still an even smaller proportion of agricultural undertakings. With reference to its comment under Convention No. 81, the Committee emphasizes that, considering the high percentage of the labour force working in agriculture, it is essential for adequate budgetary resources to be allocated to the labour inspection services in agriculture, in particular to ensure that the number of labour inspectors is sufficient and that transport facilities are made available to labour inspectors to enable them to reach those agricultural undertakings that are difficult to access. The Committee therefore asks the Government once again to provide information on the means of action available to labour inspectors entrusted with the inspection of agricultural undertakings, particularly the budget allocated for labour inspection in agriculture, the transport facilities at their disposal and the number of labour inspectors in agriculture in relation to the total number of labour inspectors. It once again asks the Government to indicate the measures adopted or envisaged to extend the coverage of labour inspection to a greater number of agricultural undertakings.

Articles 19 and 27(g). Notification of occupational accidents and cases of occupational disease. Content of the annual report on labour inspection in agriculture. The Committee notes that the number of cases of occupational disease indicated in the Government’s report is very low. It also notes that the annual reports for 2008 and 2009 contain information on occupational accidents but no data on cases of occupational disease. The Committee asks the Government to provide information on how it is ensured in law and in practice that, as required by Article 19(1) of the Convention, the labour inspectorate is notified of occupational accidents and cases of occupational disease. In this context, the Committee wishes to draw the Government’s attention to the ILO’s code of practice on the recording and notification of occupational accidents and diseases which offers guidance on the collection, recording and notification of reliable data and the effective use of such data for preventive action (available at www.ilo.org/safework/normative/codes/lang--en/docName--WCMS_107800/ index.htm). The Committee requests the Government to ensure that statistics of cases of occupational diseases in agricultural undertakings are included regularly in the annual inspection report.