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

Safety and Health in Agriculture Convention, 2001 (No. 184) - Fiji (Ratification: 2008)

Article 1 of the Convention. Scope. Relevant legislation. The Committee notes that in its report the Government indicates that the relevant legislation giving effect to the present Convention includes the general occupational safety and health (OSH) legislation applicable in the country including the Factories Act (Cap. 99) (Act No. 56 of 1971, the Health and Safety at Work Act, 1996 (HSWA), and regulations adopted under HSWA one of which specifically relates to agriculture and agricultural workplaces. In the context of the application of Article 1, the Government indicates that this legislation includes all agricultural undertakings and all categories of workers in agriculture and that the Government appears to rely on the provisions in the HSWA stated to apply to all workplaces in all branches of economic activity in Fiji, and that section 5 of the HSWA defines the term workplace, as “any place, whether or not in a building or structure, where workers work”. Notwithstanding the above, the Committee notes: that no or insufficiently specific information has been provided as regards the application in agriculture of Article 4(1) (Adoption of a coherent national policy on safety and health in agriculture); Article 4(2)(b) (Specific rights and duties of employers and workers with respect to occupational safety and health in agriculture); Article 4 (2)(c) (Inter-sectoral coordination among relevant authorities and bodies for the agricultural sector since 2007); and that the report is silent as regards the specific application in the agricultural sector of the obligations of most of the Articles of the Convention including, in particular, Article 4(3). Corrective measures and appropriate penalties; Article 5. Inspection services in agriculture; Article 6. Employers’ obligations in agriculture; Article 7. Risk assessments and adoption of preventive and protective measures including risk assessment and provision of instructions; Article 8. Workers’ rights in agriculture; Article 9. Machine safety and ergonomics; Article 10. Use of agricultural machinery and equipment only for work for which they are designed; Article 13. Preventive and protective measures in agriculture for the use of chemicals and handling of chemical waste; Article 15. Agricultural installations; Article 17. Temporary and seasonal workers; Article 18. Woman workers; and Article 19. Welfare and accommodation facilities. With reference to the terms of the Convention the Committee requests the Government to provide further information on the effect given, in law and in practice, to the precise terms of the Convention referenced above to ensure an effective application of the Convention in the country.

In addition the Committee has the following comments:

Article 12. Sound management of chemicals. The Committee notes the reference made by the Government to the HSWA, the Pesticide Act, 1971 and to the Health and Safety at Work (Control of Hazardous Substance) Regulations, 2006, the Health and Safety at Work (General Workplace Conditions) Regulations 2003 and the Environment Management (Waste Disposal and Recycling) Regulations 2007, and that under the HSWA, the term chemical expressly is stated to include pesticides. The Committee also notes the information that the Pesticide Act 1971 is currently under review. While the Government describes in detail the substance of the abovementioned provisions, the Committee notes that no reference is made to their applicability in practice and to chemicals and pesticides used in the agricultural sector. The Committee requests the Government to provide further details on the application in practice of this provision of the Convention in agriculture and, in particular, whether there have been cases of prohibition and restriction of the import, export, manufacture, use or disposal of chemicals or pesticides used in agriculture. The Committee also requests the Government to provide further information on the progress of the review of the Pesticide Act and that this review be conducted with due account taken of the relevant provisions of the present Convention.

Article 16. Young workers and hazardous work. The Committee notes the information that the minimum age for the employment of children is fixed at 15. The Committee notes the Government reference to section 90 of the Employment Relations Promulgation Act, which prohibits work which, by its nature or the circumstances in which it is carried out, it is likely to harm the health and safety or morals of children and to section 91 which list three specific forms of child labour which are prohibited. The Committee also notes the information that the Government is considering expanding the list of hazardous workplaces or of employment which are likely to harm the health and safety or moral of children, but that the Government does not provide any further details regarding the relevance of these discussions for the application of the present Article of the Convention. The Government is requested to provide further information on measures taken, in law and in practice to give effect to this provision of the Convention, including, in particular, information on progress made in the adoption of an expanded list of forms of child labour which is prohibited.

Part IV of the report form. Court decisions. The Committee notes the Government reference to a farmer’s complaint concerning poor living and working conditions filed before the OSH Inspection Services and OSH Field Operations Unit. The Committee further notes that this complaint was supposed to be settled before the Employment Relations Tribunal on the 4th June 2010. The Committee requests the Government to provide details on the decision taken by the Court and on the other rulings dealing with the subjects covered by the Convention.

Part V of the report form. Application in practice. Article 5. Adequate and appropriate system of inspection for agricultural workplaces. The Committee notes that, in this respect the Government refers to Part VII of the HSWA, and that inspection services are provided by the Health and Safety Inspectorate of the National Occupational Health and Safety Service of the Ministry of Labour, Industrial Relations and Employment. The Committee also notes the statistics provided demonstrating an overall general decrease of recorded occupational injuries since 2002, but that no details have been provided regarding the developments in the agricultural sector. The Committee requests the Government to provide specific statistical data on occupational injuries and accidents occurring in the agriculture sector, also in relation to the use of chemicals, and to give detailed information on labour inspections carried out in the agricultural sector, including the results ascertained by the labour inspection services. The Committee also requests the Government to provide specific information on labour inspections carried out and ensuring the application of the Convention to young workers, temporary and seasonal workers, particularly, in small agricultural enterprises.