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

Safety and Health in Agriculture Convention, 2001 (No. 184) - Argentina (Ratification: 2006)

With reference to its observation, the Committee requests the Government to provide additional information on the following matters.

Article 4(2)(c) of the Convention. Mechanisms of inter-sectoral coordination among relevant authorities and bodies for the agricultural sector. With reference to its previous comments, the Committee notes the Government’s indication that the competent body for the agricultural sector, without specific competence in the field of occupational safety and health, is the Ministry of Agriculture, Stock-raising and Fishing. The Committee once again requests the Government to provide information on the mechanisms of inter-sectoral coordination among the relevant authorities and other bodies for the agricultural sector, including those responsible for the approval of machinery and in relation to chemicals.

Article 6(2). Two or more employers in an agricultural workplace. Duty to cooperate in applying the safety and health requirements. The Committee notes that, according to the Government’s report, section 9 of the National Agrarian Labour Act gives effect to this provision. The Committee notes that subsections 1 and 3 of this section establish the joint responsibility (upon request) of those who are under contract, subcontract or to whom work or services that form part of the normal production process of the establishment are assigned wholly or in part. Although this part of the section could facilitate the application of Article 9 of the Convention, its focus is remedial (upon request) and not for preventive purposes, in accordance with the aim of the Convention. In other words, the Convention goes beyond joint responsibility upon request, and requires a proactive approach towards collaboration in the implementation of OSH provisions. The Committee also notes that the second subsection is not in conformity with the Convention. Indeed, section 9(2) of the law provides that “the joint responsibility envisaged in the previous subparagraph shall not encompass work tasks habitually undertaken by non-permanent personnel, in cases where the contractor establishes a services enterprise and its principal contribution is not limited to the organization of the work team”. The Committee recalls that this Article of the Convention does not allow any exception in relation to temporary workers, who moreover account for a significant proportion of agricultural workers, taking into account the seasonal nature of much of the work, and who are particularly vulnerable. The Committee requests the Government to adapt the legislation to this Article of the Convention and to provide information on this subject.

Article 7(a). Appropriate assessments and the adoption of preventive and protective measures on the basis of their results. The Committee notes the Government’s indication that Annex 1 to Decree No. 617/97 issuing health and safety regulations for agrarian work gives effect to this Article of the Convention. The Committee recalls that it noted previously all the information provided by the Government in its first report, including the Annex referred to above. Indeed, taking into account the above Annex, Decree No. 1278/2000 and Decision SRT No. 552/01, it requested information on the manner in which it is ensured that appropriate assessments are carried out regarding the matters covered by this paragraph for: (a) employers insured under Employment Risk Insurers (ARTS); (b) self-insured employers; and (c) uninsured employers. The Committee reiterates its request to the Government to provide this information.

Article 7(c). Immediate steps to stop any operation where there is an imminent danger. The Committee notes the Government’s indication that the current procedure is set out in section 232 of Annex I to Decree No. 651/79, under the terms of which the employer shall order the suspension of work involving imminent danger “upon the requirement of the competent authority”. Noting that this provision is not in conformity with the Convention, the Committee requests the Government to bring its legislation into conformity with the Convention and to provide information on this subject.

Article 8. Rights and duties of workers. Selection of representatives, participation in the application of OSH measures and removing themselves when they have reasonable justification to believe there is an imminent and serious risk. The Government indicates that the rights set out paragraph 1(b) and (c) of this Article are envisaged in the draft reform of the LRT. The Committee requests the Government to provide information once the above draft text has been adopted and reiterates its request in the meantime for the adoption of measures to ensure the exercise of these rights in practice, and for the provision of information on this subject.

Article 9(1) and (2). Technical standards. Machinery safety and ergonomics. Manufacturers, importers and suppliers. In its previous comments, the Committee reiterated its request to the Government for information on the body or bodies responsible for setting technical standards pertaining to the machinery referred to in this paragraph. The Committee notes the Government’s indication that it is necessary to ask the Secretariat for Industry and Trade of the Ministry of Industry whether Decree No. 257/99 on the renovation and modernization of tractors, harvesters, trailers and other machinery and tools in the agricultural and stock-raising sectors is still in force. The Committee recalls that it is the responsibility of the Government to collect the information requested by the Committee from the various administrative bodies and to provide information on the provisions of the respective legislation that gives effect to the Convention. The Committee therefore once again requests the Government to indicate the provisions of the respective legislation that gives effect to paragraphs 1 and 2 of this Article of the Convention.

Article 9(3). Ensuring that information is provided and understood. The Committee notes that the Government refers in general terms to Annex I to Decree No. 617/97 and indicates that the Committee’s comments will be taken into account in its implementation. Reiterating that this paragraph requires not only the receipt of information, but also its dissemination in such a way that workers understand the information supplied by manufacturers, importers and suppliers, the Committee requests the Government to provide information on the manner in which the authorities ensure that information is supplied and understood, particularly by workers who are unable to read or have only rudimentary reading skills.

Article 10(a). Use of agricultural machinery and equipment only for the work for which they are designed. The Committee notes the Government’s indication that reference needs to be made to the draft text implementing Convention No. 184 referred to above. The Committee requests the Government to indicate the respective provisions of the draft text which give effect to this Article and, while awaiting its adoption, to provide information on the manner in which law and practice give effect to the prohibition to use all agricultural machinery and equipment for purposes other than those initially envisaged.

Article 11(1) and (2). Risk assessment, consultation and establishment of safety and health requirements for the handling and transport of materials. The Committee notes the Government’s reference to section 24 of Annex I to Decree No. 617/97, which gives partial effect to this Article by placing a limit on weight. Nevertheless, this Article goes beyond the establishment of a maximum weight for loads and provides that the competent authority shall establish safety and health requirements for the handling and transport of materials, and that such requirements shall be based on risk assessment, technical standards and medical opinion, taking account of all the relevant conditions under which the work is performed, in accordance with national law and practice. The Committee requests the Government to take into account the present comments in the draft legislation and to continue providing information on this subject. Please also indicate whether Decision MTE and SS No. 295/03 applies to agricultural work.

The Committee notes that the Government’s report does not provide replies to the following points, but refers to the competent administrative authorities. The Committee reminds the Government that it is responsible for gathering information from the various authorities and providing it to the Committee. The Committee therefore reiterates those comments, which read as follows:

Article 5(1) and (2). Adequate and appropriate system of inspection for agricultural workplaces. The Committee notes that, according to the report, in the context of the SIDITYSS, labour inspection duties at the local and regional levels are carried out in accordance with the Labour Inspection (Agriculture) Convention, 1969 (No. 129). The Committee once again requests the Government to provide practical information on the results ascertained by the labour inspection services and particularly the trends observed regarding the main problems encountered in applying OSH legislation in the agricultural sector.

Article 12(a) and (b). Appropriate system for the importation, classification, packaging and labelling of chemicals, and adequate information. In its previous comments, the Committee noted that, according to the Government, the competent authorities for the matters covered by this Article are SENASA, the Secretariat for Industry, Trade and Small and Medium-Sized Enterprises, and the Secretariat for Environment and Sustainable Development of the Nation, and that, consequently, the SRT is unable to provide information on these matters. The Committee also noted that, according to the Government, these issues fall outside the SRT’s remit. The Committee pointed out that this Convention implies coordination of a series of bodies, some of which, although not directly responsible for OSH, are nonetheless involved in one way or another in the process of applying the Convention. The Committee notes that the Government indicates in its latest report that the competent authority is the National Health and Food Quality Service. The Committee once again requests the Government to provide detailed information on the effect given to these paragraphs of the Convention. Recalling also that it is central to this Article that the information should be disseminated in such a way as to be properly understood, bearing in mind the risk inherent in chemicals, including pesticides, the Committee requests detailed information on the manner in which the authorities ensure that the information has been properly understood, including where workers are unable to read.

Article 12(c). Disposal of chemical waste. The Committee once again requests the Government to provide information on the manner in which chemical waste is collected, recycled and disposed of, taking particular account of workers who are illiterate and of the families and children who live with such workers.

Article 13. Preventive and protective measures for the use of chemicals and handling of chemical waste. The Committee once again requests the Government to provide information on the preventive measures taken in respect of the activities listed in this Article, including in relation to the reproductive health of men and women, and on the manner in which the SRT ensures compliance with such measures. The Committee also requests the Government to provide statistical information on occupational diseases or accidents related to chemicals that have occurred among the persons protected by the Convention.

Article 14. Protection against biological risks. The Committee notes that, according to the Government, this Article is applied by means of Title X of Decree No. 617/1997. The Committee notes that these regulations cover the handling of animals, but it requires further information on biological risks. The Committee notes that, according to the SRT’s report, noted in its previous direct request, this is one of the sectors with a high accident rate. The Committee therefore once again requests the Government to provide information on how the legislation ensures that risks such as those of infection, allergy or poisoning are prevented or kept to a minimum in the context of protection against biological risks.

Article 16(1) and (2). Young workers and hazardous work. The Committee notes that the Government reiterates information provided in its first report. In its previous comments, the Committee noted that section 112 of Act No. 22248 prohibits the assignment of minors under the age of 18 years to work which is arduous, dangerous or unhealthy. It also noted that Act No. 26390 on the prohibition of child labour and protection of work by young persons, raises the minimum age for admission to employment to 16 years and that section 13 of the Act penalizes the use of minors in prohibited work on the grounds that, in the event of illness or accident occurring to a minor in such work, liability for the accident or illness shall fall to the employer, no evidence to the contrary being admissible. The Committee welcomed this provision which applies penalties and also considered that comprehensive treatment of this issue requires strong preventive measures and monitoring of their application. The Committee once again requests the Government to indicate which forms of work are deemed to be arduous, dangerous and unhealthy under section 112 referred to above, and to provide information on the preventive measures taken to ensure that minors under 18 years of age do not engage in such work, and on the supervision and application of such measures.

Article 16(3). Appropriate training. The Committee once again requests the Government to provide information on the training of young persons as from 16 years of age in work which, although not included in the category referred to in section 112 of Act No. 22248, could nonetheless effect their safety and health, together with information on specific preventive measures for young people aged 16 and over, it being understood that this is the minimum age for admission to employment.

Article 17. Temporary and seasonal workers. The Committee once again requests the Government to provide information on the application of this Article in practice, including information on the number of temporary workers in the sector and the mechanisms for ensuring that they receive information that is clearly understood as well as adequate training.

Article 18. Pregnancy, breastfeeding and reproductive health of women agricultural workers. The Committee notes that, according to the Government, this Article is applied by means of Title III, Chapter V, of Act No. 22248 and CNTA Resolution No. 08/2001 on the special paid leave of one day per year for gynaecological examinations. The Committee indicates that this provision requires a more comprehensive approach to reproductive health and the measures to be taken. Consequently, the Committee once again requests the Government to provide detailed information on the preventive and protective measures pertaining to the reproductive health of women agricultural workers, including from the onset of pregnancy, taking into account, inter alia, the risks inherent in certain pesticides.

Part V of the report form. Application in practice. In its previous comments, the Committee noted the information provided by the Government. It also noted the special publication of the SRT entitled “Overview of occupational risks in the agricultural sector”, 2007, on the SRT’s website: www.srt.gov.ar/publicaciones/informesespeciales/Agro_2007.pdf. This report examines the situation on the basis of data from 2005. According to the report, in 2005, 40,065 cases of occupational accidents and diseases were notified in the agricultural sector out of a population of 310,747 workers covered. On the subject of mortality, the report states that: in the period covered, 115 fatalities were registered, of which 73 occurred in the context of work; this represents an incidence rate (per million) of 370.1, second only to the mining and quarrying sectors, and well above the overall rate of 142.8. Furthermore, if fatal accidents in the course of travel from home to work and back are excluded, the rate is 234.9 as against an overall rate of 88.3 taken as a reference. And on the matter of the likelihood of accidents, the report states that: the risk in the agricultural sector measured in terms of accident likelihood (per 1,000 workers covered) – the rate used in registering occupational accidents and diseases – was 113.96, the overall rate being 81.46. Again, if accidents occurring in the course of travel are excluded, the rate is 106.31 for the whole sector and 69.03 for all workers covered by the occupational risk system.

The Committee notes that, according to the Government’s second report, 260,265 workers in agricultural production and 37,224 workers in agricultural services were covered by the occupational risk system in 2008. Furthermore, the Committee takes this opportunity to draw the Government’s attention to the Meeting of Experts that was held 25–29 October 2010 to adopt a code of practice in agriculture (see www.ilo.org/public/english/dialogue/sector/techmeet/meshal10/ index.htm).

Noting that this information replies only very partially to the questions raised in its previous direct request, the Committee once again requests the Government to provide information in its next report on the measures taken as a result of the above SRT report, the results, available statistics and any new reports on the safety and health of workers in the sector. It also requests the Government to provide information on the total estimated number of workers covered by the Convention (including non-registered workers not covered by the occupational risk system) and on efforts to register them, so as to ensure that these workers enjoy the protection afforded by the Convention, and the results of such efforts. The Committee would be grateful if the Government would include any other information it deems appropriate on the manner in which the Convention is applied.

[The Government is asked to reply in detail to the present comments in 2013.]