Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

The Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81), in so far as they are also concerned with the application of the present Convention.

Article 9(3) of the Convention. Specific training for labour inspectors in agriculture. The Committee notes that, according to the Government, the financial resources of the labour inspection were not sufficient to organize training for labour inspectors responsible for monitoring in agricultural undertakings. The Committee requests the Government to take the necessary measures to provide labour inspectors with specific training on agriculture and related issues upon their entry into service and in the course of employment to enable them to acquire the technical knowledge required for the performance of their duties. Please keep the Office informed of any developments achieved or difficulties encountered in this respect.

Article 11. Collaboration with duly qualified technical experts and specialists. The Committee notes that, according to the Government, the labour inspection and the territorial labour inspectorates continue to organize information sessions on Occupational Safety and Health (OSH) to develop collaboration between labour inspectors in agriculture and employers, workers and their representatives with specific responsibilities for safety and health. Referring to paragraph 198 of its 2006 General Survey on labour inspection, the Committee recalls that it is desirable that such specialists be integrated into the labour inspection teams and that, when they are not part of the labour inspectorate, their role is to give technical advice, drawing the attention of the labour inspectors to their expert findings and making recommendations with a view to rectifying potentially hazardous situations. The Committee requests the Government to provide information on the measures taken to ensure that duly qualified technical experts are associated in the work of labour inspection in agriculture, and on the number of inspectors, if any, invested with functions of a technical or specialized character.

Articles 12 and 13. Collaboration with government services, public or approved institutions, and the social partners. The Committee notes that, according to the Government, a number of protocols have been signed between the labour inspection and trade unions and employers’ organizations, as well as between the labour inspection and public or private institutions. The Committee once again requests the Government to provide copies of these protocols and to keep the Office informed of their impact on the application of the Convention.

Articles 14, 15 and 21. Resources of the labour inspectorate and inspection visits. The Committee notes the information from the Government’s report on a number of measures envisaged to extend the coverage area of the labour inspection. The Committee also notes that, according to the Government, between 2011 and 2012, the number of labour inspectors in agriculture decreased from 61 to 57, and the number of female labour inspectors from 18 to 14. It also notes that, while during the same period the number of inspection visits increased from 2,297 to 2,330, inspectors did not carry out any controls during the night. The Committee requests the Government to keep the Office informed of any progress or difficulties encountered in implementing the abovementioned envisaged measures. It also requests the Government to take the necessary measures to ensure that the labour inspectorate is provided with the necessary resources to carry out inspections as often and as thoroughly as is necessary, including during the night, to ensure the effective application of the Convention.

Articles 19 and 27(g). Notification of occupational accidents and cases of occupational disease. The Committee notes that, according to the Government, article 5(f) of Law No. 319/2006 imposes on employers the obligation to “notify at once all the events to the territorial labour inspectorates” and article 29(1) of the same law provides for participation of territorial labour inspectorates and labour inspection in investigation of the incidents. The Government also indicates that article 34(1) of the abovementioned law establishes that labour inspectors from the territorial labour inspectorates collaborate with physicians from territorial public health authorities in the investigation of the causes of occupational diseases.

Furthermore, the Committee notes the statistical information from the 2012 labour inspection report on occupational accidents and cases of occupational disease in agricultural undertakings. It particularly notes that between 2011 and 2012, the frequency index of fatal accidents in agriculture, hunting and related activities agriculture increased from 0.03 per cent to 0.16 per cent, and the number of case of occupational diseases in agriculture increased from three to seven. The Committee requests the Government to keep the Office informed of the application in practice of the referenced provisions of Law No. 319/2006. The Committee also requests the Government to explain the above-mentioned trends in fatal accidents and the measures taken to address them, and to continue to provide statistical information on occupational accidents and cases of occupational disease with a view to assess the application of the Convention in practice.