Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Norway (Ratification: 1971)

The Committee notes the comments by the Confederation of Norwegian Business and Industry (NHO) of September 2011, received with the Government’s report on 18 April 2012.

Articles 6, 13 18 and 24 of the Convention. Labour inspection activities in agriculture. The Committee notes the comments made by the NHO indicating that the number of inspection visits in agriculture has increased following the declaration of a collective agreement in agriculture in 2010 as being generally applicable. It notes that the inspections were aimed at controlling wage levels to prevent “social dumping”. However, only a few breaches concerning wage conditions were detected, while some general injunctions in the area of occupational safety and health (OSH) were made. The Committee also notes the information provided by the NHO that, in 2009, the Norwegian Agricultural Employers Association started a pilot project entitled “The farmer as employer (of foreign workers)”, which ended in May 2011, although the intention is to follow it up. As Norwegian agriculture consists of many very small units and the farmers often have little experience of being employers, and consequently also have little knowledge of legal and contractual matters, the objective of the project was to make the farmers more aware of their responsibilities as employers and to increase their knowledge of legal and contractual matters. According to the NHO, this should lead to better working conditions in agriculture, including in the area of OSH. The Committee also notes the information provided on the website of the National Labour Inspectorate concerning the rights and duties of migrant workers, including the terms and conditions of employment, and pay and working hours in agriculture. The Committee invites the Government to provide information on the impact of the increased inspections and awareness-raising activities in collaboration with the social partners in the agricultural sector on conditions of work and the number of occupational accidents and diseases in this sector. In particular, the Committee asks the Government to provide statistics on the infringements registered, the sanctions imposed and the injunctions ordered by labour inspectors.

Articles 13 and 19. 1. Collaboration between the labour inspectorate and the social partners. The Committee takes note of the information provided by the NHO on the conclusion of a protocol by the social partners in agriculture for the conduct of an OSH campaign in agriculture, aimed at reducing the number of occupational accidents and diseases, to be implemented by the “OSH service for agriculture”. This project will be financed by the social partners in agriculture and by private actors. This project is also anchored in the “National Cooperation Forum for OSH in Agriculture” which is chaired by the Minister of Food and Agriculture. Furthermore, the Committee notes that the NHO refers to the plan to establish an OSH committee, which will be modelled on the committees already existing in forestry and fisheries, and which will begin working this year. The Committee invites the Government to provide detailed information on the above projects (activities carried out and impact of these activities on the conditions of work in agriculture and the number of occupational accidents and diseases in this sector, etc.), as well as on the contribution or participation of the labour inspectorate in this regard. Please also provide information on the mandate and composition of the “OSH service for agriculture” and the OSH committee.

2. Notification of industrial accidents and cases of occupational disease. In relation to the progress made with the establishment of a special module for the recording of occupational accidents as part of the national database on accidents and injuries, the Committee notes the Government’s indication that the module is expected to be fully implemented in the near future. Furthermore, in relation to the progress made with the establishment of an electronic reporting system for occupational accidents and diseases known as “Health Net”, the Government refers to technical difficulties, but indicates that work is continuing for its establishment in collaboration with the Norwegian Medical Association and the Ministry of Health. Following up to its previous comments in this regard, the Committee also notes that the copy of the document on the mandatory quality management system, including occupational safety and health aspects, established by the Norwegian Agricultural Cooperation and client companies of agricultural undertakings, which the Government indicates as being attached to the report, has still not been provided. The Committee hopes that the Government will be able to inform the ILO in the near future of progress achieved in terms of the provision to the labour inspectorate of data on occupational accidents and diseases and its impact on activities for the prevention of occupational risks in workplaces and their results.

The Committee once again asks the Government to provide a copy of the document relating to the mandatory quality management system, including occupational health and safety aspects, established by the Norwegian Agricultural Cooperation and client companies of agricultural undertakings.

The Committee is raising other points in a request addressed directly to the Government.