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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA), received by the ILO on 2 September 2015.

Article 4(1) and (2)(b) of the Convention. National policy. In its previous comments, the Committee requested the Government to provide further information on the principles and priorities of its national occupational safety and health policy, the consultations held and any legislative changes. The Committee notes with interest the information provided by the Government in its report concerning a draft resolution of the Occupational Risk Supervisory Authority (SRT), which provides for activities relating to agrarian work based on the provisions of the Convention. The Committee notes the Government’s indications that consultations are yet to be held with the social partners concerned for subsequent approval and decision. The Government indicates that, although the resolution has not been adopted, inspections in agrarian work are conducted pursuant to Decree No. 617/97 of 7 July 1997. The Committee requests the Government to send copies of the new draft resolution on the SRT, which includes occupational safety and health activities relating to agrarian work based on the provisions of the Convention.

Article 4(2)(c). Mechanisms for inter-sectoral coordination among relevant authorities and bodies for the agricultural sector. In its previous comments, the Committee requested the Government to describe the mechanisms of coordination among the various authorities concerned with the Convention and to indicate whether the National Commission for Rural Work (CNTR) continues to operate. The Committee notes that, according to the Government, the mechanisms of coordination between the various competent bodies in this area are channelled through the National Agricultural Labour Committee (CNTA), a tripartite standard-setting body, established by Act No. 26727, the new “Agricultural Workers’ Statute”, of 21 December 2011 (Title XIII, Chapter I, section 84), which operates under the authority of the Ministry of Labour, Employment and Social Security. The Committee once again asks the Government to indicate if the CNTR is continuing to operate and, if so, what its functions are.

Article 6(2). Two or more employers in an agricultural workplace. Duty to cooperate in applying the safety and health requirements. The Committee requests the Government to indicate the manner in which the new draft resolution of the SRT, which provides for activities relating to occupational safety and health in the agrarian sector based on the provisions of the Convention, gives effect to this Article of the Convention.

Article 7(a). Appropriate assessments and adoption of preventive and protective measures on the basis of the results. The Committee requests the Government to indicate the manner in which the new draft resolution of the SRT, which provides for activities relating to occupational safety and health in agrarian sector based on the provisions of the Convention, ensures that assessments are conducted of occupational safety and health hazards for workers for: (a) employers insured under employment risk insurance schemes (ART); (b) self-insured employers; and (c) uninsured employers.

Article 11(1) and (2). Risk assessment, consultation and establishment of safety and health requirements for the handling and transport of materials. In its previous comments, the Committee requested the Government to provide information on 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 the draft resolution of the SRT on the maximum limits for the transfer, pushing or pulling of heavy objects. The Committee requests the Government to send a copy of the draft resolution of the SRT on the maximum limits for the transfer, pushing or pulling of heavy objects once it has been adopted and to provide information on the risk assessments and consultations carried out during its preparation.

Article 14. Protection against biological risks. In its previous comments, the Committee requested the Government to provide information on the manner in which 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. The Committee notes the Government’s indication that the draft legislation on agrarian work includes preventive measures against biological risks which shall be implemented by the employers. The Committee requests the Government to indicate the manner in which the new draft resolution of the SRT, which establishes additional provisions for occupational safety and health in the agrarian sector in line with the Convention, gives effect to this Article.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA), received by the ILO on 2 September 2015.

Article 5 of the Convention. Adequate and appropriate system of inspection. The Committee notes the CGT RA’s observations indicating a discrepancy between the legislation and specific inspection activity. The CGT RA also indicates the extension and prolongation of administrative summary proceedings and the failure to detect possible hazards in time. The Government indicates that the discrepancy noted by the CGT RA will be discussed by the Occupational Risk Supervisory Authority (SRT) in the plenary of the Federal Labour Council (CFT), which is composed of the Ministry of Labour and Social Security, the labour administrations of all provinces and of the Autonomous City of Buenos Aires. In this respect, the Government indicates that the agenda of the forthcoming meeting of the CFT will cover: the need for effective monitoring action; the details of the administrative summary proceedings; and the operations of joint inspections. The Committee requests the Government to provide information on the content of the discussions of the CFT on the effectiveness and improvement of the inspection system and the administrative summary proceedings, and to indicate the measures adopted in this regard. The Committee also requests the Government to provide information on the action taken to improve the system of notification of occupational accidents and diseases.

Article 8(1)(a) and (b), (2), (3) and (4). Rights and obligations of workers. Right to select representatives and to participate in the application of occupational safety and health measures. In its previous comments, the Committee requested the Government to adopt the necessary measures to give effect to the above provisions of the Convention. With respect to the right of workers to be informed and consulted, the Committee notes that section 1(d), Title I, of Decree No. 617/97 recognizes the obligation of the employer to inform and train workers in hazards related to the duties performed in their establishments, giving effect to paragraph 1(a). With regard to the obligation of workers and their representatives to fulfil the safety and health measures and cooperate with employers, the Committee notes that section 2 of Decree No. 617/97, and section 10 of Act No. 19587, of 21 April 1972, give effect to the obligations of paragraph 2 of this Article. It also notes that Act No. 24557 on occupational risks, of 13 September 1995, establishes, in section 40, that the Standing Advisory Committee of the Occupational Risks Act (CCP–LRT), as a tripartite body, shall be consulted for the adoption of actions for the prevention of occupational risks, giving effect to paragraph 4 of this Article. The Committee requests the Government to provide information on the legal provisions which give effect to Article 8(1)(b) relating to the right of workers in agriculture to participate in the application and review of safety and health measures, and to select representatives in this area and representatives in safety and health committees.

Article 10(a). Use of agricultural machinery and equipment only for the work for which they are designed. The Committee notes that, according to the Government, the national legislation gives effect to this Article of the Convention through Title III of Decree No. 617/97. However, the Committee notes that this Decree does not appear to set out a legal provision giving effect to Article 10(a). The Committee once again requests the Government to indicate the provisions which give effect to the obligation to use agricultural machinery and equipment only for the work for which they are designed.

Article 12. Appropriate system for the importation, classification, packaging and labelling of chemicals, and adequate information. Suitable system for the collection, recycling and disposal of chemical waste. In its previous comments, the Committee requested the Government to provide detailed information on the effect given to these paragraphs of the Convention and on the manner in which the authorities ensure that the information has been properly understood by the workers. The Committee notes the Government’s indication that this Article is applied through Decree No. 617/97, Resolution No. 925/2003 and Resolution No. 801/2015 of the SRT of 10 April 2015 for the enforcement of the Globally Harmonized System of Classification and Labelling of Chemicals (SGA/GHS). The Committee nevertheless notes that no indication is provided on how information is disseminated among workers. The Committee requests the Government to provide information on the manner in which the authorities ensure that adequate and appropriate information is provided to the users. The Committee also requests the Government to indicate the measures adopted to ensure that there is a system for the safe collection, recycling and disposal of chemical waste.

Article 13. Suitable system for the collection, recycling and disposal of chemical waste. In its previous comments, the Committee requested the Government to provide information on the preventive measures taken relating to the use of chemicals and handling of chemical waste. The Committee notes the Government’s reiteration that this Article is applied through Title IV of Decree No. 617/97 and Resolution No. 295/2003. The Committee notes, however, that the legislation provided by the Government contains no specific information on the preventive measures taken in respect of the activities listed in this Article, nor on the manner in which the SRT ensures compliance with such measures. The Committee once again requests the Government to provide specific information on the preventive measures taken in respect of the activities listed in this Article of the Convention, and on the manner in which the SRT ensures compliance with such measures.

Article 16. Young workers and hazardous work. Appropriate training. In its previous comments, the Committee requested the Government to indicate which forms of work are deemed to be arduous, dangerous and unhealthy; 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 training of young persons as from 16 years of age for work which, although not included in these categories, could nevertheless be harmful to their safety and health. The Committee notes the Government’s indications on the development of a draft Decree on work deemed arduous, dangerous and unhealthy for young workers. The Committee requests the Government to provide a copy of the Decree on work deemed arduous, dangerous and unhealthy for young workers once it is adopted, and to indicate the manner in which it gives effect to this Article. The Committee once again requests the Government to provide information on the training of young persons as from 16 years of age for work which, although not included in the category referred to in section 62 of Act No. 26727 (prohibition of work which is arduous, hazardous or unhealthy), could nevertheless be harmful to their safety and health.

Article 18. Pregnancy, breastfeeding and the reproductive health of women agricultural workers. In its previous comments, the Committee indicated that Title III, Chapter V, of Act No. 22248, of 10 July 1980, did not have a sufficiently comprehensive approach to reproductive health and the measures to be taken, and requested 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. The Committee notes that according to the Government, the draft legislation for agrarian work provides that the employer must provide a breastfeeding-friendly space to ensure women agrarian workers have a private and sanitary place to breastfeed, but does not provide information relating to the preventive and protective measures requested, including from the onset of pregnancy. The Committee requests the Government to send information on this draft legislation and its adoption, and once again requests it to provide 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.

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

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

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

Article 4(2)(c) of the Convention. Mechanisms of inter-sectoral coordination among relevant authorities and bodies for the agricultural sector. The Committee notes that the Government refers in its report to the Standing Advisory Committee of the Occupational Risks Act (CCP-LRT), which is composed of representatives of the Government, employers’ and workers’ organizations and the Federal Labour Council, which is composed of the Ministry of Labour (MTE and SS) and labour administrations from each of the provinces. It also refers specifically to the Occupational Risk Supervisory Authority (SRT) and in the framework of its competencies, to the National Register of Agricultural Workers and Employers (RENATEA) and the National Agricultural Labour Committee (CNTA). The Government also indicates that the Integrated Labour and Social Security Inspection System (SIDITYSS) completes the coordination mechanisms. The Committee also notes the indication in the report that the competent bodies for developing mechanisms of inter-sectoral coordination are the Ministry of Industry, the Ministry of Agriculture, Stock-raising and Fishing and the SRT. The Committee requests the Government to continue providing information on this matter, and in particular requests it to describe the mechanisms of coordination between the Ministry of Industry, the Ministry of Agriculture, Stock-raising and Fishing and the SRT in relation to the application of the Convention. The Committee also asks it to indicate if the National Commission for Rural Work (CNTR) continues to operate and, if so, what its functions are. It also reiterates its request for information on the mechanisms of coordination with the authorities responsible for machinery safety (Article 9 of the Convention) and for chemicals, in so far as they relate to the application of the Convention.

Article 6(2). Two or more employers in agricultural workplace. Duty to cooperate in applying safety and health requirements. The Committee notes the information provided by the Government indicating that there is joint responsibility in cases of contracting, subcontracting, assignment and particularly in the case of subordinated or related and cooperative enterprises. The Committee indicated in its previous comments that this Article goes beyond joint responsibility. The Committee observes that this Article establishes, among other requirements, that, where appropriate, the competent authority shall prescribe general procedures for this collaboration. The Committee requests the Government to take the necessary measures for the adoption of regulations or other provisions establishing the requirement for collaboration specifically in applying the safety and health requirements, as envisaged by 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 that the information provided by the Government does not reply in full to the issues raised by the Committee. In its previous comments, the Committee noted the Government’s indications that Annex 1 to Decree No. 617/97 issuing health and safety regulations for agrarian work gives effect to this Article of the Convention. 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 (ART); (b) self-insured employers; and (c) uninsured employers. The Committee reiterates its request to the Government to provide this information.

Article 8. Rights and duties of workers. Selection of representatives, participation in the application of OSH measures and removing themselves from danger when they have reasonable justification to believe there is an imminent and serious risk. The Committee notes that procedures allowing for the exercise of certain rights set out in this Article have still not been completely transposed or set out in national law. The Committee requests the Government to adopt the necessary measures to give effect to the paragraphs of this Article of the Convention, with the exception of the right set out in paragraph 1(c), which it noted in its observation, and to provide information on this subject.

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 reply indicating that Decision MTE and SS No. 295/03 applies to agricultural work, alongside the Decisions of the CNTR and the CNTA. The Committee requests the Government to continue providing information on this subject, including on the Decisions of the CNTR and the CNTA, referred to by the Government, indicating the sections which give effect to this Article of the Convention.

Article 16(1) and (2). Young workers and hazardous work. The Committee notes that section 62 of Act No. 26727 prohibits young persons under 18 years of age from work which is arduous, hazardous or unhealthy, and it understands that this section replaces section 112 of Act No. 22248, which was repealed by Act No. 26727. The Committee notes however that this information does not reply to the questions that it raised in its previous comments. The Committee once again requests the Government to indicate which forms of work are considered to be arduous, hazardous and unhealthy, and to provide information on the preventive measures taken to ensure that young persons under 18 years of age do not perform such work, and on the supervision and enforcement of these 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 for work which, although not included in the category referred to in section 62 of Act No. 26727, could nevertheless be harmful to their safety and health, and on any specific preventive measures for young people aged 16 and over, on the understanding that this is the minimum age for admission to employment.

Article 18. Pregnancy, breastfeeding and the reproductive health of women agricultural workers. The Committee notes that, according to the Government, this Article is applied by Title III, Chapter V, of Act No. 22248 and CNTA Resolution No. 0301/13 establishing special maternity leave for temporary women workers. The Committee observes 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, in particular from the beginning of pregnancy, taking into account, inter alia, the risks inherent in certain pesticides.

Part V of the report form. Application in practice. Article 5(1) and (2). Adequate and appropriate system of inspection for agricultural workplaces. The Committee notes that the report reiterates that, in the context of the SIDITYSS, inspection functions 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 achieved by the labour inspection services, and particularly the trends observed regarding the main problems encountered in applying OSH legislation in the agricultural sector.

The Committee notes that in certain cases the Government’s report does not provide the information requested. In its previous comments, the Committee noted general references to the legislation and requested the Government to indicate the relevant sections. The Committee notes that once again the Government refers to legislation and does not include references to the relevant sections which, according to the Government, give effect to the respective provisions of the Convention. In other cases, the Government’s report includes general information that does not specifically reply to the requests made by the Committee. As a result, the Committee is bound to reiterate some of its previous comments, which read as follows:

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 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 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.

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

Article 4(1) of the Convention. Formulation, implementation and periodical review of a coherent national policy on safety and health in agriculture after consulting the representative organizations of employers and workers concerned. The Committee notes that on 21 November 2012 the National Policy on Occupational Safety and Health and the Working Environment was approved by the Standing Advisory Committee on the Occupational Risks Act, which is a tripartite body, as set out in the Argentinian Occupational Safety and Health Strategy 2011–15, which also provides that the national policy is to be implemented and periodically reviewed, in consultation with the representative organizations of employers and workers and the other state bodies with competence for the matters addressed. It also notes with interest that, with respect to the scope of application of the Convention, the National Agricultural Labour Committee (CNTA), which is tripartite in composition, has extensive powers and periodically reviews the occupational safety and health (OSH) situation. The Committee requests the Government to provide more information on the principles and priorities of its national OSH policy in relation to the issues covered by the Convention and on the consultations held during the period covered by the next report.

Article 4(2)(b). National policy. Specification in national laws and regulations of the rights and duties of employers and workers with respect to occupational safety and health in agriculture. The Committee notes with interest Act No. 26727, of 21 December 2011, on the agrarian labour system, Title VII of which on safety and health establishes the rights and duties of workers and employers in relation to OSH. It notes in particular that section 45 of the Act establishes the right of workers to refuse to work in the event of imminent danger of injury or, if the competent body has declared the workplace unsafe, the employer fails to implement the measures indicated by the authority. This section also contains provisions on the obligation of the employer to provide safety materials and equipment, to be responsible for cleaning the worker’s clothes in the case of work that involves the processing or handling of toxic, irritant or aggressive substances and the treatment of hazardous wastes. The Committee also notes that section 17 of Act No. 26727 refers to temporary employment contracts and that the CNTA issued Resolution No. 11, of 5 April 2011, on working and housing conditions for all workers carrying out periodic or occasional work or specific assignments, and that it is supplemented by Resolution No. 46 of 28 July 2011 and Resolution No. 76 of 2 December 2011. It further notes that section 18 of Act No. 26727 provides that, when temporary workers are hired by the same employer on more than one occasion consecutively, they shall be considered as intermittent permanent workers and have equal rights to permanent workers. The Committee requests the Government to continue providing information on any legislative changes relating to the Convention.

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

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

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.]

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

Article 4(1) of the Convention. Formulation, implementation and periodical review of a coherent national policy on safety and health in agriculture after consulting the representative organizations of employers and workers concerned. The Committee notes with interest the Argentinian Occupational Safety and Health Strategy 2011–15, adopted on 27 April 2011, with the signature of the Government and the representative organizations of employers and workers, which contains references to the present Convention: Decision No. 11/2011 establishing requirements for the housing of temporary, cyclical and seasonal agricultural workers, which gives effect to Article 19(b) of the Convention; and the approval by the National Congress and the promulgation by the executive authorities, on 24 August 2011, of Acts Nos 26693 and 26694 approving the ratification of the Occupational Safety and Health Convention, 1981 (No. 155), its Protocol of 2002 and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), which are key occupational safety and health (OSH) instruments, as determined by the Governing Body in March 2010 in the Plan of Action to achieve widespread ratification of the three abovementioned instruments. The Committee considers that the adoption of the Strategy and the decision to ratify the above instruments constitutes progress in public OSH policies and facilities the application of the other sectoral and thematic OSH Conventions, such as the present Convention. It hopes that it will facilitate the adoption of the national OSH policy for the agricultural sector and the adoption of the respective legislation.

The Committee hopes that the Government will communicate in the near future the registration of the ratification of these instruments. The Committee requests the Government to provide information on the formulation, implementation and periodical review of a coherent national policy on safety and health in agriculture after consulting the representative organizations of employers and workers concerned; on the consultations held during the period covered by the report; on the basic principles of the national policy; and on the manner in which the periodical review envisaged by this Article of the Convention is carried out.

Article 4(2)(b). Specification of the rights and duties of employers and workers with respect to occupational safety and health in agriculture. The Committee notes that a new draft National Agrarian Work Regime, which will replace the legislation that is in force, is currently before the Chamber of Deputies. The Committee notes that this draft text incorporates certain Articles of the Convention, but does not give effect to others. The Committee requests the Government to ensure that the above legislation, or any other relevant legislation, gives effect to the provisions of the Convention, to take into account for this purpose the comments made by the Committee and to provide information on this subject, with an indication, if the draft text is approved, of the changes made by the new legislation as it relates to the provisions of the Convention.

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

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that although the Government’s second report provides some information, it does not include a reply to the questions raised by the Committee in its previous comments. It also notes that the report refers to titles of laws without indicating the sections which, in the Government’s opinion, give effect to certain provisions of the Convention. The Committee requests the Government to take its previous comments into account when preparing its report and to indicate the sections which, in its opinion, are relevant in relation to the provisions of the Convention.

Article 1 of the Convention. Scope. The Committee notes that, according to the report, there are no exclusions from the application of the Convention and no exclusions are provided for under Decree No. 617/1997 regulating health and safety in agricultural activities.

Article 4(1). Coherent national policy on safety and health in agriculture. After examining the Government’s first report, the Committee noted the information provided by the Government and formulated questions when it considered that further information was necessary. In its first report, the Government indicated that the Occupational Risk Supervisory Authority (SRT), created under section 35 of Act No. 24557 (LRT) on occupational risks, is the authority responsible for implementing the occupational risk system at the national level and Act No. 19587 on occupational safety and health in federal jurisdictions. It also referred to the LRT created under section 40 of the LRT; the tripartite National Commission for Agrarian Work, created under section 85 of Act No. 22248 on the agricultural system; tripartite regional advisory committees appointed by the National Agricultural Labour Committee under section 88 of Act No. 22248, of which there are 14 to date; and the Federal Labour Council (CFT). The Committee notes that the Government adds in its second report that consultations are held within the SRT by means of meetings convening the Ministry of Agriculture, Livestock, Fisheries and Food, the Argentine Rural Society, the Argentine Agrarian Federation, the Argentine Rural Confederations, the Agricultural Intercooperative Confederation; and the Argentine Union of Rural Workers and Stevedores. It also notes that, according to the Government, the ILO Programme on Safety and Health at Work and the Environment (SafeWork) provided assistance in 2004 to transpose the provisions of the Convention into the national legislation but that the fact that certain sections of the LRT were declared unconstitutional meant that the proposal could not be submitted for tripartite debate. The Committee considers that the application of this Article of the Convention is dynamic since it requires Members to formulate, carry out and periodically review their national policies. Consequently, the Committee requests the Government to provide information on the consultations currently being held on the process of transposing the provisions of the Convention into national legislation as mentioned by the Government and once again requests it to provide further information on the basic principles of its national policy, the manner in which it is periodically reviewed, the frequency and activities relating to the revision or periodic review of its national policy, as well as any changes arising from that review.

Article 4(2)(c). Mechanisms for inter-sectoral coordination among relevant authorities and bodies in the agricultural sector. The Committee understands from the Government’s first report that the bodies mentioned in the paragraph above are responsible for coordination. The Government adds the System of Labour Inspection and Social Security (SIDITYSS) to the list of bodies. The Committee once again requests the Government to provide more detailed information on the competent authorities and other bodies in the agricultural sector, for example those responsible for the importation and approval of machinery or chemicals, which while having no specific competence in occupational safety and health (OSH) nonetheless have competence in areas covered by the Convention. Furthermore, it requests the Government to provide information on the mechanisms for inter-sectoral coordination among relevant authorities and bodies in the agricultural sector.

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 6(2). Two or more employers in an agricultural workplace. Duty to cooperate in applying the safety and health requirements. The Committee notes the Government’s indication that employers must ensure the health and safety of workers in accordance with the obligations established in a list of legislation in force given at the beginning of the report. The Committee requests the Government to provide specific information on the provisions of the national legislation or the measures taken by the competent authority that establish the cooperation provided for in this paragraph in applying the safety and health requirements. Furthermore, please indicate whether the competent authority has established general procedures for such cooperation.

Article 7(a). Appropriate assessments and adoption of preventive and protective measures on the basis of the results. The Committee once again requests the Government to provide detailed information on the manner in which it ensures that appropriate assessments are carried out regarding the matters covered by this paragraph, for: (a) employers insured under the Employment Risk Insurance (ART); (b) self-insured employers; and (c) uninsured employers. Please also provide information on the procedure for adopting preventive and protective measures on the basis of the results of the abovementioned assessment.

Article 7(c). Immediate steps to stop any operation where there is imminent danger. The Committee once again requests the Government to provide information on the legal provisions regulating the requirement for the employer to take immediate steps to stop any operation where there is imminent and serious danger to safety and health, and to evacuate workers.

Article 8. Rights and obligations of workers. The Government indicates that the procedures allowing the rights provided for under this Article to be exercised have not yet been fully established and transposed into national legislation. The Committee requests the Government to indicate the rights which have been transposed into national legislation and the relevant sections of the corresponding laws, as well as those which have not yet been transposed. With regard to those which have not been transposed, the Committee recalls that even if it has not adopted the necessary legislation, the Government is under the obligation to ensure their application in practice. The Committee requests the Government to adopt the necessary measures in this regard and to provide information on this matter.

Article 8(1)(b). Right of workers to select safety and health representatives and to participate in the application and review of safety measures. The Committee requests the Government to provide specific information on the legal provisions giving effect to this paragraph and particularly on the consultation and participation of workers in the undertaking, as required by this provision, or, in the absence of such provisions, on the manner in which it ensures the application of this provision in practice.

Article 8(1)(c). Right of workers to remove themselves from danger resulting from their work activities. The Committee requests the Government to provide specific information on the legal provisions that give effect to this paragraph and that guarantee the exercise of the right of workers to remove themselves from danger without being placed at a disadvantage as a result of these actions, or, in the absence of such legal provisions, on the manner in which it ensures the application of provision in practice.

Article 9(1). Technical standards. Machinery safety and ergonomics. The Committee notes the Government’s indication that this provision is applied by means of Title III of Decree No. 617/97. The Committee previously noted this information in the Government’s first detailed report. The Committee once again requests the Government to provide information on the body or bodies responsible for setting technical standards pertaining to the machinery referred to in this paragraph.

Article 9(2). Manufacturers, importers and suppliers. Machinery safety and ergonomics. The Committee once again requests the Government to provide information on the measures taken to ensure that manufacturers, importers and suppliers comply with the standards set out in paragraph 1 and provide adequate and appropriate information in the language of the user country.

Article 9(3). Ensuring that information is conveyed and understood. Bearing in mind 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 once again requests the Government to supply information on the manner in which the authorities ensure that the information conveyed is 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 work for which they are designed. The Committee notes that the Government reiterates the information provided in its first report. The Committee once again requests the Government to provide additional information specifying the manner in which law and practice give effect to the prohibition against using agricultural machinery and equipment for purposes other than those for which they were designed.

Article 11(1) and (2). Evaluation of risks, consultation and establishment of health and safety requirements for handling and transport of materials. The Committee notes that the Government reiterates the information provided in its first report. With reference to Resolution MTEySS 295/03, which covers all subjects relating to ergonomics and handling of loads, the Committee requests the Government to provide information on the manner in which this provision is adapted to agricultural work bearing in mind that, under this Article, requirements for the handling of materials are to be established on the basis of a risk assessment taking account of all the relevant conditions under which the work is performed, and requests the Government, if necessary, to adopt the measures required to apply the abovementioned resolution, in consultation with representative organizations of the employers and workers concerned. Furthermore, the Committee requests further information on the measures that ensure workers shall not be required or permitted to engage in the manual handling or transport of a load which by reason of its weight or nature is likely to jeopardize their health.

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 Food Safety and 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 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. 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.

Article 19(b). Minimum standards on accommodation facilities. The Committee duly notes the information provided by the Government. However, in order to obtain a fuller idea of its application, the Committee once again requests the Government to provide information on the mechanisms for ascertaining compliance with paragraph (b) of this Article, including on the conditions of accommodation for temporary and seasonal workers and on any consultations held on these matters, as required by the report form.

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 sector, and well above the overall rate of 142.8. Furthermore, if one excludes fatal accidents in the course of travel from home to work and back, the rate is 234.9 as against an overall rate of 88.3 taken as a reference. And on the matter of 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 one excludes accidents occurring in the course of travel, 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 bring 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 abovementioned 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 2011.]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s first report and the legislation giving effect to a large part of the Convention. It notes with interest the work carried out by the Occupational Risk Supervisory Authority (SRT), in particular as regards the collection and analysis of statistical data concerning the application in practice of the Convention and the professional risks in the agricultural sector which gives the Government greater opportunities to target measures to improve the conditions in this sector. The Committee would still need further information on the following points.

Article 1 of the Convention. Scope. The Committee requests the Government to state whether all the categories listed in Article 1 of the Convention are covered by the Health and Safety Regulations and, if not, to indicate the other applicable provisions ensuring that the Convention is effectively applied to all the categories of work listed in this Article.

Article 4, paragraph 1. Coherent national policy on safety and health in agriculture. The Committee requests the Government to provide further information on the basic principles of its national policy and the manner in which it is periodically reviewed, giving details of the review process, together with the results and anticipated developments.

Article 4, paragraph 2(c). Mechanisms for inter-sectoral coordination among relevant authorities and bodies in the agricultural sector. The Committee requests the Government to provide more detailed information on the competent authorities and other bodies in the agricultural sector, for example those responsible for the importation and approval of machinery or chemicals which, while having no specific competence in occupational safety and health (OSH), nonetheless have competence in areas covered by the Convention. The Government is also asked to provide information on the mechanisms for inter-sectoral coordination among relevant authorities and bodies in the agricultural sector.

Article 5, paragraphs 1 and 2. Adequate and appropriate system of inspection for agricultural workplaces. The Committee 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 6, paragraph 2. Two or more employers in an agricultural workplace. Duty to cooperate in applying the safety and health requirements. The Committee requests the Government to provide information on the provisions in the national legislation or the measures adopted by the competent authority that establish the cooperation provided for in this paragraph in applying the safety and health requirements. Please also indicate whether the competent authority has established general procedures for such cooperation.

Article 7(a). Appropriate assessments and adoption of preventive and protective measures on the basis of the results. The Committee requests the Government to provide detailed information on the manner in which it is ensured that appropriate assessments are carried out regarding the matters covered by this provision, for: (a) employers insured under the Employment Risk Insurance (ART); as for (b) self-insured employers; and (c) uninsured employers. Please also provide information on the procedure for adopting preventive and protective measures on the basis of the results of the abovementioned assessment.

Article 7(c). Immediate steps to stop any operation where there is imminent danger. The Committee requests the Government to provide information on the legal provisions regulating the requirement for the employer to take immediate steps to stop any operation where there is imminent and serious danger to safety and health, and to evacuate workers.

Article 8, paragraph 1(b). Right of workers to select safety and health representatives and to participate in the application and review of safety measures. The Committee requests the Government to provide specific information on the legal provisions giving effect to this paragraph and particularly on the consultation and participation of workers in the undertaking, as required by this provision.

Article 8, paragraph 1(c). Right of workers to remove themselves from danger resulting from their work activity. The Committee requests the Government to provide specific information on the legal provisions that give effect to this paragraph and that guarantee the exercise of the right of workers to remove themselves from danger without being placed at a disadvantage as a result of these actions.

Article 9, paragraph 1. Machinery safety and ergonomics. Technical standards. The Committee requests the Government to provide information on the body or bodies responsible for setting technical standards pertaining to the machinery referred to in this paragraph.

Article 9, paragraph 2. Machinery safety and ergonomics. Manufacturers, importers and suppliers. The Committee requests the Government to provide information on the measures taken to ensure that manufacturers, importers and suppliers comply with the standards set in paragraph 1 and provide adequate and appropriate information in the language of the user country.

Article 9, paragraph 3. Ensuring that information is conveyed and understood. Bearing in mind 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 supply information on the manner in which the authorities ensure that the information conveyed is 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 work for which they are designed. The Committee requests the Government to provide additional information specifying the manner in which law and practice give effect to the prohibition against using agricultural machinery and equipment for purposes other than those for which they were designed.

Article 11, paragraphs 1 and 2. Evaluation of risks, consultation and establishment of health and safety requirements for handling and transport of materials. With reference to Resolution MTEySS 295/03, which covers all subjects relating to ergonomics and handling of loads, the Committee requests the Government to provide information on the manner in which this provision is adapted to agricultural work bearing in mind that, under this Article, requirements for the handling of materials are to be established on the basis of a risk assessment taking account of all the relevant conditions under which the work is performed, and asks the Government, if necessary, to adopt the measures required to apply the abovementioned resolution, in consultation with representative organizations of the employers and workers concerned. It also asks for additional information on the measures that ensure that workers shall not be required or permitted to engage in the manual handling or transport of a load which by reason of its weight or nature is likely to jeopardize their health.

Article 12(a) and (b). Appropriate system for the importation, classification, packaging and labelling of chemicals, and adequate information. The Committee notes the Government’s statement that the competent authorities for the subjects covered by this Article are SENASA, the Secretariat for Industry, Commerce 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 notes the Government’s statement that these issues fall outside the SRT’s remit. The Committee points 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 requests the Government to provide detailed information on the effect given to these paragraphs. It also points out 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, and accordingly asks the Government to supply 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 requests the Government to provide information on the manner in which chemical waste is collected 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 requests the Government to provide information on the preventive measures adopted 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 assures compliance with the measures. It also asks the Government to provide statistical information on occupational diseases or accidents related to chemicals that have occurred to persons covered by the Convention.

Article 14. Protection against biological risks. The Committee 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, paragraphs 1 and 2. Young workers and hazardous work. The Committee notes that section 112 of Act No. 22.248 prohibits the assignment of minors under the age of 18 to work which is arduous, dangerous or unhealthy. It also notes that Act No. 26.390 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 welcomes this provision which applies penalties, and also considers that comprehensive treatment of this issue requires strong preventive measures and monitoring of compliance. It 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, paragraph 3. Appropriate training. The Committee requests the Government to provide information on the training of young persons as from 16 years of age in work which, although it is not included in the category referred to in section 112 of Act No. 22.248, could nonetheless harm 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 for admission to employment.

Article 17. Temporary and seasonal workers. The Committee 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 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.

Article 19. Minimum standards on accommodation facilities. The Committee requests the Government to provide information on the mechanisms for ascertaining compliance with paragraph (b) of this Article, including on the conditions of accommodation for temporary and seasonal workers and on any consultations held on these matters, as required by the report form.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government. It also notes the special publication of the SRT “Overview of occupational risks in the agricultural sector”, 2007, on the SRT’s web site: http://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 sector, and well above the overall rate of 142.8. Furthermore, if one excludes fatal accidents in the course of travel from home to work and back, the rate is 234.9 as against an overall rate of 88.3 taken as a reference.

And on the matter of 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 one excludes accidents occurring in the course of travel, the rate is 106.31 for the whole sector and 69.03 for all workers covered by the occupational risk system.

While noting this information, the Committee requests the Government to provide particulars in its next report of the measures taken as a consequence of the abovementioned report, the results, available statistics and any new reports on the safety and health of workers in the sector. It also asks the Government to send information on the total estimated number of workers covered by the Convention (including non-registered workers) 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 all other information it deems appropriate on the manner in which the Convention is applied.