Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Estonia (Ratification: 2005)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Articles 6 and 10 of Convention No. 81 and Articles 8 and 14 of Convention No. 129. Conditions of service of labour inspectors. Number of labour inspectors. Following its previous comments, the Committee notes the Government’s indication and the information contained in the annual reports on the work of the Labour Inspectorate (Annual Labour Inspection Reports) regarding the remuneration levels of labour inspectors. The Committee also notes the Government’s indication that labour inspectors are provided with flexible working hours and arrangements, necessary equipment such as laptops, and personal protective equipment. The Committee nevertheless notes that, based on the data from the Annual Labour Inspection Reports for the period 2017–21, the number of approved posts for labour inspectors is decreasing over time, from 113.5 in 2017 to 107.5 in 2021. The Committee therefore requests the Government to provide further information on the conditions of service of labour inspectors, including their career prospects, turnover rates, and the level of their remuneration compared to other public servants exercising similar functions, such as tax inspectors or officials of the Social Security Administration. Considering the decrease in the number of approved labour inspector posts, the Committee requests the Government to provide further information on the measures taken to ensure that the number of labour inspectors remains sufficient to secure the effective discharge of the duties of the inspectorate.

Article 12(1)(a), (b) and (2) of Convention No. 81 and Article 16(1)(a), (b) and (3) of Convention No. 129. Free access of labour inspectors to workplaces liable to inspection at any hour of the day or night without prior notice to carry out investigations. Following its previous comments, the Committee notes that the Government refers to sections of the Employment Contracts Act of 2008, and of the Occupational Safety Act of 1999, as amended, which provide that the Labour Inspectorate may apply the measures regarding special state supervision provided for under section 50 of the Law Enforcement Act. The Committee also notes the Government’s indication that inspections are generally carried out in the presence of the employer, during the working day, between 7 a.m. to 11 p.m., and that labour inspectors send a written notice of the occurrence of the inspection. Nevertheless, the Government also indicates that a labour inspector can decide whether an inspection will be conducted with or without previous notice, and that the inspection will be conducted without previous notice when: (i) the Labour Inspectorate has received a complaint or a hint; or (ii) the employer may prevent the labour inspector from inspecting the working environment, or may destroy, forge or otherwise damage necessary evidence, or perform other activities that can significantly distort the results of the inspection. While taking note of this information, the Committee urges the Government to indicate whether there are specific provisions in national laws or regulations providing for the labour inspectors’ power to carry out inspections without previous notice at any hour of the day or night, in any workplace liable to inspection. In addition, the Committee requests the Government to provide detailed information on the number of inspections conducted without previous notice out of the total number of inspections, the number of such inspections resulting from receipt of a complaint or a hint, and the results of such inspections conducted without notice.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of industrial accidents and cases of occupational disease. Following its previous comments on this matter, the Committee notes that, according to the Government, the Labour Inspectorate takes measures, including through inspection visits, to improve the awareness of both employers and employees concerning the importance of reporting occupational accidents. The Government also indicates that pursuant to the Occupational Safety and Health Act of 1999, as amended, employers do not have to prepare a report on the results of investigations of minor accidents at work which did not result in temporary incapacity for work. The Committee notes that, according to the Annual Labour Inspection Reports for the period 2017–21, the number of occupational accidents reported fell from 5,184 in 2017 to 4,591 in 2021, the number of cases of occupational diseases registered has fallen from 37 in 2017 to 16 in 2021, and the number of cases of work-related illnesses registered fell from 78 to 38 in the same period. At the same time, the Committee observes that, according to the 2021 Annual Labour Inspection Report, it is still estimated that there are fewer occupational accidents officially reported than the number actually occurring. The Committee therefore requests the Government to continue to provide information on the measures taken to improve the level of awareness of both employers and employees concerning the importance of reporting occupational accidents and cases of occupational diseases. The Committee also requests the Government to indicate any impact of the 2019 amendments to the Occupational Safety and Health Act of 1999 on the number of occupational accidents reported.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual labour inspection reports. Following its previous comments, the Committee welcomes that the Annual Labour Inspection Reports communicated by the Government, also published on the website of the Labour Inspectorate, contain information on all the subjects listed under Article 21(a)–(g) of the Convention No. 81. The Committee nevertheless observes that these Annual Labour Inspection Report do not always contain the information on the work of the labour inspection services in agriculture, as envisaged under Article 27 of Convention No. 129, particularly when it comes to statistics of inspection visits (Article 27(d)); statistics of violations and penalties imposed (Article 27(e)) and statistics of occupational diseases (Article 27(g)) in agriculture. The Committee requests the Government to continue to transmit copies of the Annual Labour Inspection Reportspublished on the website of the Labour Inspectorate, and trusts that future annual reports will contain all the information covered under Article 27 of Convention No. 129, including information in relation to paragraphs (d), (e) and (g) of this Article.

Issues specifically concerning labour inspection in agriculture

Articles 6(1)(a) and (b), and 15 of Convention No. 129. Enforcement and preventive activities in the field of OSH in agriculture. Local offices. Following its previous comments, the Committee notes the indication of the Government that the Labour Inspectorate’s activities include information campaigns and other preventive activities, such as roundtable events. The Committee notes that the Government refers to the participation of the labour inspectorate in major fairs in 2016, including in the field of agriculture, and the establishment of guides by the Labour Inspectorate concerning OSH in agriculture and hazardous chemicals in the working environment. The Committee also notes the Government’s statement that there are 16 local offices in Estonia, and that the Labour Inspectorate owns vehicles for official purposes, which can be used for the inspection of workplaces situated in remote areas. The Committee observes, however, that the 2020 and 2021 Annual Labour Inspection Reports do not contain statistics of inspection visits in the agricultural sector, and that, according to those reports, the focus of inspections for the past two years has rather been on construction, trade, and transport and storage. At the same time, the 2021 Annual Labour Inspection Report recorded 111 occupational accidents in agriculture, 356 in the timber industry, and 20 in forestry in 2021. The Committee therefore requests the Government to continue to provide detailed information onthe specific measures carried out by the labour inspection services in agriculture, particularly in areas where shortcomings were detected or identified as the cause of cases of occupational accidents or diseases.

Article 9(3) of Convention No. 129. Specific skills and training of inspectors for the performance of their duties in agricultural undertakings. Following its previous comments on specific training given to labour inspectors in areas relevant to agriculture, the Committee notes that the Government refers to training sessions conducted between 2016 and 2018, which includes sessions on chemicals in the working environment and the Biocidal Products Act, on ergonomics, and on personal protective equipment. The Committee requests the Government to continue to provide information on the frequency, content and number of participants in the training courses provided for labour inspectors in areas particularly relevant to agriculture.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional functions entrusted to labour inspectors. Following its previous comments, the Committee notes the Government’s indication in its report that, during inspections, labour inspectors verify the working conditions of migrant workers and whether they are treated equally compared to other employees. The Government indicates, however, that the right for migrant workers to work in Estonia is regulated by the Aliens Act, which is enforced by the police and by the border guard, and not by labour inspectors. The Committee notes that, according to the Government, labour inspectors notify the police and the border guard upon finding migrant workers who are not legally entitled to remain in the country, and that they cooperate with the police, the border guard and the Tax and Customs Board in joint inspections. On this issue, the Committee once again refers the Government to its 2006 General Survey on labour inspection, paragraph 78, and emphasizes that the objective of labour inspection can only be met if workers are convinced that the primary task of the inspectorate is to enforce legal provisions relating to conditions of work and protection of workers. The Committee also observes that the Government does not provide information on the measures taken by labour inspectors to enforce employers’ obligations regarding the rights of migrant workers in an irregular situation, such as the payment of wages and social security benefits, for the period of their effective employment relationship. The Committee once again requests the Government to indicate how it ensures that labour inspectors’ participation in joint inspections does not interfere with the effective discharge of their primary duties under Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. In addition, the Committee urges the Government to indicate the specific role, if any, played by the labour inspectorate in: (i) enforcing employers’ obligations arising from the rights of undocumented migrant workers, such as payment of wages or social security benefitsfor the period of their effective employment relationship, especially in cases where workers are liable to expulsion from the country; and (ii) regularizing the employment relationship of migrant workers found to be working in an irregular situation, including the numbers of undocumented migrant workers assisted in each of these areas.

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

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

In order to provide a comprehensive view of the issues relating to the application of the ratified governance Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 and Convention No. 129 in a single comment.

The Committee notes the Government’s response in reply to its previous request concerning the procedure to be followed by labour inspectors when detecting violations of the labour legislation (Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22, 23, and 24 of Convention No. 129).

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional functions entrusted to labour inspectors. The Committee previously noted the information in the 2009, 2010 and 2011 labour inspection reports on the activities of labour inspectors in the area of undeclared work. In this regard, the Committee notes the Government’s indication that when labour inspectors detect migrant workers without the required residence permit, they have to notify the police and the border guard.

The Committee emphasizes that, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, any additional duties that are not aimed at securing the enforcement of the legal provisions relating to conditions of work and the protection of workers should be entrusted to labour inspectors only in so far as they do not risk interfering with the effective discharge of their primary duties or prejudice in any way the authority and impartiality of inspectors. With regard to migrant workers in particular, the Committee emphasized in its 2006 General Survey on labour inspection (paragraph 78) that the primary duty of labour inspectors is to protect workers and not to enforce immigration law and that this objective can only be met if the workers covered are convinced that the primary job of labour inspectors is to ensure the respect for the legislation concerning conditions of work and the protection of workers. The Committee requests that the Government provide information on the measures taken, in conformity with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, and ensure that the duties relating to the enforcement of immigration law entrusted to labour inspectors do not interfere with the effective discharge of their primary duties or prejudice in any way inspectors’ authority and impartiality in their relations with employers and workers.

Noting that the Committee has not provided a reply in this regard, it once again requests that the Government indicate the manner in which the labour inspectorate ensures the enforcement of the employers’ obligations with regard to the rights of migrant workers in an irregular situation, such as the payment of wages and social security benefits for the period of their effective employment relationship, especially in cases where such workers are liable to expulsion from the country; and the number of cases in which workers found to be in an irregular situation have been granted their due rights.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service of labour inspectors. The Committee previously noted the Government’s indication that the salaries of labour inspectors are now similar to those of other public servants performing analogous inspection activities. In this regard, the Committee notes that the Government specifies that the salaries of the labour inspection staff represent 73 per cent of the salaries of staff in similar positions and 65 per cent of the salaries of workers in general (market level).

The Committee draws the Government’s attention to paragraphs 204 and 209 of the 2006 General Survey on labour inspection, which emphasize that the levels of remuneration and career prospects of inspectors have to be such that high-quality staff are attracted, retained, and protected from any improper influence. The Committee requests that the Government provide information on the measures taken or envisaged to grant labour inspectors appropriate conditions of service, including wages, allowances and career prospects, with a view to attracting suitable candidates, retaining them within the labour inspection services and assuring their independence from undue external influences. In this regard, consideration should be given to review the professional and salary scales of labour inspectors so as to provide them with the same level of remuneration and career prospects as other public servants.

Article 12(1)(a), (b) and (2) of Convention No. 81 and Article 16(1)(a), (b) and (3) of Convention No. 129. Free access of labour inspectors to workplaces liable to inspection at any hour of the day or night without prior notice to carry out investigations. The Committee previously noted that the Government had not provided any reply on how effect is given to Article 12(2) of Convention No. 81 and Article 16(3) of Convention No. 129, under which inspectors should be entitled to refrain from notifying their presence to the employer or to his or her representative if, in their view, this makes for more effective inspection. In this regard, the Committee noted that the relevant provisions in the national law appeared to require inspections to be performed in the presence of the employer and/or persons authorized by him/her, and that exceptions could only be made in certain events (that is, approval of the employer to conduct an inspection, absence of the representative or employer at the time of the inspection, and inspection without prior notice).

The Committee notes the Government’s indication that the new Law Enforcement Act, which entered into force in July 2014, empowers labour inspectors to enter freely (including without previous notice) any workplace and premises which they may have reasonable cause to believe to be liable to inspection. However, the Committee notes that pursuant to section 50(3) of the Law Enforcement Act, a premise shall be entered, if possible, in the presence of the possessor or another entitled person, and during the period from 7 a.m. to 11 p.m. Moreover, according to this section, business premises shall be entered, if possible, during their business hours. Noting that the Government has not provided a reply in this regard, the Committee once again requests that the Government indicate how effect is given in national law to the requirement in Article 12(2) of Convention No. 81 and Article 16(3) of Convention No. 129, of leaving it to the decision of labour inspectors not to inform the employer or their representatives of their presence on the occasion of an inspection visit where they consider that such a notification may be prejudicial to the performance of their duties. It also requests that the Government indicate how effect is given to Article 12(1)(a) and (b) of Convention No. 81 and Article 16(1)(a) and (b) of Convention No. 129, which requires that labour inspectors have the right to enter at any hour of the day or night any premises liable to inspection where they deem that this is necessary to enforce the application of the labour law provisions.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of industrial accidents and cases of occupational disease. The Committee previously noted from the information on the website of the labour inspectorate that statistics are not as reliable as in other European Union Member States and that the actual number of industrial accidents is estimated to be 2.4 times higher than the reported number. In this regard, the Committee previously noted that the notification of occupational accidents had improved, with an increased number of registered accidents following communication activities by the labour inspectorate to enhance awareness among employers and workers. In this regard, the Committee notes from the statistics provided by the Government that the number of occupational accidents reported has further increased from 3,741 in 2011 to 4,635 in 2014, due in particular to an improved reporting of minor occupational accidents in the construction sector.

In relation to occupational diseases, the Committee notes from the 2014 labour inspection report that work-related diseases are to a lesser extent diagnosed than in most other European Union Member States. In this regard, it also notes that the number of occupational diseases reported has decreased from 254 in 2011 to 194 in 2014. It further notes from the same source that according to the risks assessments of the work environment carried out, the most common difficulties are related to the lack of training and instruction of workers, the organization of health examinations and the selection and the appointment of workers involved in occupational safety and health, all of which are measures that are crucial to avoid work accidents and health damage of workers. The Committee requests that the Government continue to provide information on measures taken or envisaged to improve the efficiency of the procedure for the notification of industrial accidents and cases of occupational disease to the labour inspectorate.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual labour inspection reports. The Committee previously noted the great level of detail in the annual labour inspection reports from 2007–11, but emphasized that the annual reports should also contain information on all the subjects covered by Article 21 of Convention No. 81 and Article 27 of Convention No. 129. In this regard, the Committee notes the Government’s indication that to increase compliance with Article 21 of Convention No. 81 and Article 27 of Convention No. 129, as from 2015, information on laws and regulations relevant to the work of the inspection service (Article 21(a) of Convention No. 81 and Article 27(a) of Convention No. 129), the staff of the labour inspection service (Article 21(b) of Convention No. 81 and Article 27(b) of Convention No. 129) and statistics of violations and penalties imposed (Article 21(e) of Convention No. 81 and Article 27(e) of Convention No. 129) will also be included in the annual labour inspection reports. The Committee welcomes this information and trusts that future annual labour inspection reports will contain information on each of the subjects covered by Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129, including statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129).

Issues specifically concerning labour inspection in agriculture

Articles 6(1)(a) and (b), and 15 of Convention No. 129. Enforcement and preventive activities in the field of occupational safety and health in agriculture. Local offices. The Committee previously noted that the highest number of occupational accidents per 100,000 workers was registered in the wood processing sector, and that cases of occupational disease were most diagnosed in the agricultural sector. Having noted the indications on the causes of such accidents and diseases in the labour inspection reports for 2010 and 2011, the Committee requested the Government to provide information on the specific measures carried out by the labour inspectorate in agriculture to prevent them.

In this regard, the Committee notes from the information provided in the Government’s report that, based on risk assessments undertaken in 2014, the agricultural sector was determined to have a risk rate of 15 per cent, which as the Committee understands, will determine the intensity of future inspections in this sector. It also notes from the 2014 labour inspection report that there will be a focus on the wood processing and agricultural sectors in coming years because of the high incidence of occupational accidents and diseases in these sectors. It further notes from this labour inspection report that the labour inspectorate participated in preventive activities such as a major fair on agriculture. While the Committee notes from the above information that agriculture remains a priority sector for labour inspection, it also notes from the information provided by the Government in its report that since September 2014, the labour inspectorate does not have local inspection offices at its disposal any longer. The Committee requests that the Government provide more detailed information on the specific measures carried out by the labour inspection services in agriculture, particularly in areas where shortcomings were detected or identified as the cause of cases of occupational accidents or diseases. It also requests that the Government indicates how inspections in agricultural workplaces are carried out in practice, given that these workplaces are often situated in remote areas, where no local inspection office might be operating.

Article 9(3) of Convention No. 129. Specific skills and training of inspectors for the performance of their duties in agricultural undertakings. The Committee notes the general information provided by the Government on the training provided to labour inspectors. However, it notes that the Government does not provide the requested information on the specific training provided to labour inspectors carrying out inspections in agriculture (including on subjects relating to agriculture, such as chemicals, personal protective equipment, ergonomics and noise). The Committee therefore once again requests that the Government provide information on the frequency, content and number of participants in the training courses provided for labour inspectors in areas particularly relevant to agriculture.

Articles 26 and 27 of Convention No. 129. Annual report on the work of the labour inspection services in agriculture. Further to previous comments on this subject, the Committee notes the detailed information in the annual labour inspection reports for 2012, 2013 and 2014. It notes however that these reports still contain no information on all of the subjects set out in Article 27 concerning the activities by labour inspectors in agricultural undertakings, such as statistics of violations and penalties imposed (indent (e)). Welcoming the indication of the Government that some changes that would improve compliance with Article 27 would be introduced in the forthcoming reports, the Committee trusts that future annual reports published by the central authority will contain information on the work of the labour inspection services in agriculture in relation to each of the subjects covered by Article 27(a)–(g), either as a part of the general annual report or as a separate report.

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

Article 6(1)(a) and (b) of the Convention. Enforcement and preventive activities in the field of occupational safety and health in agriculture. The Committee notes from the annual labour inspection reports for 2010 and 2011 available on the labour inspectorate’s website (http://www.ti.ee/index. php?page=3) that many agricultural enterprises with five or more employees were covered by occupational safety and health (OSH) inspections, namely 138 agricultural enterprises (i.e. 34 per cent) in 2011, and 136 agricultural enterprises (i.e. 33 per cent) in 2010. In response to the Committee’s previous request concerning the coverage of inspection in all agricultural enterprises, including those with fewer than five employees, the Government indicates that the basis for the selection of agricultural enterprises for inspection has changed and that in 2011, as a result, 28 per cent of inspection visits in agriculture were now performed in enterprises with fewer than five employees. However, this new approach is not apparent in the labour inspection reports for 2010 and 2011, as there is no information on how many of the total number of 3,359 enterprises inspected related to agriculture. The Committee further notes that in 2010 the number of industrial accidents had mainly increased in the wood industry sector, where the largest number of accidents per 100,000 employees was registered in 2010 (1,954) and in 2011 (2,006). In this regard, the Committee notes the chemicals campaign “Risk assessment in the use of dangerous chemicals” in 2010, aimed amongst others at the wood industry, in the context of which 14 information days were organized in September–October in different cities of the country. The Committee further notes that the agricultural sector is the one in which cases of occupational disease are diagnosed most, and that the main causes are linked to physiological risk factors – mostly carpal tunnel syndrome and musculoskeletal disorders due to physical overload. The causes of these diseases are considered to be repetitive stereotypic movements, forced positions during work or excessive physical strain through the incorrect manual handling of loads, working positions, etc. The Committee further notes from the annual labour inspection reports that frequent infringements in agriculture and forestry were detected in relation to paths and passages, lack of training and safety instructions for employees and lack of adequate workplace health assessments, the risk of exposure to moving parts of work equipment and the manual handling of loads. The Committee asks the Government to provide information on the specific preventive measures carried out by the labour inspectorate in agriculture, particularly in areas where shortcomings have been detected or have been identified as the cause of cases of occupational disease or industrial accidents. The Committee once again asks the Government to provide information on the outcome of inspections carried out in the agricultural sector and any other data on the application in practice of the legislation on labour inspection in agriculture and its impact in terms of improving the conditions of work of agricultural workers and, where appropriate, their living conditions and those of their families in agricultural undertakings.

Article 9(3). Specific skills and training of inspectors for the performance of their duties in agricultural undertakings. The Committee notes that in 2011 two training courses on OSH, each lasting two days, were given to half of the labour inspectors carrying out inspections in agriculture, as well as to OSH specialists from the central office of the labour inspectorate. Furthermore, subjects relating to agriculture, such as chemicals, personal protective equipment, ergonomics and noise, were covered in the general training courses for labour inspectors. The Committee further notes the Government’s indication that, in the event of problems arising during inspection visits, inspectors can consult and obtain assistance from the Technical Surveillance Authority and the Health Board in the areas of machinery and chemicals, respectively. The Committee invites the Government to continue to provide information on the frequency, content and number of participants in the training courses provided for labour inspectors in areas particularly relevant to agriculture, and the impact of these training activities on the operation of the labour inspection system.

Articles 26 and 27. Annual report on the work of the inspection services and working of the labour inspection system in agriculture. Further to previous comments on this subject, the Committee notes that the annual labour inspection reports for 2009, 2010 and 2011 still contain little information on the activities by labour inspectors in agricultural undertakings and that an informed assessment of the work of the labour inspection system in the agricultural sector therefore still cannot be made. The Committee therefore once again asks the Government to take the necessary measures to ensure that the central authority publishes, either as part of the general annual report or as a separate report, additional information on the work of the labour inspection services in agriculture, covering each of the subjects set out in Articles 27(a)–(g). The Committee once again asks the Government to keep the ILO duly informed of the progress made in this respect.

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

The Committee takes note of the Government’s report received on 10 September 2009. Further to its 2008 comments under the Labour Inspection Convention, 1947 (No. 81), with regard to subjects common to both Conventions, the Committee draws the Government’s attention to the following points.

Article 6(1)(a) and (b), and Article 11 of the Convention. Enforcement and prevention activities in occupational safety and health in agricultural undertakings. In its previous comments, the Committee requested the Government to supply detailed information on the content and practical application of legal provisions providing that labour inspectors shall be responsible for prevention and enforcement duties in agricultural undertakings, particularly in order to ensure the protection of workers against risks arising from the use of chemicals or complex machinery. The Committee notes that, according to the Government, the Occupational Health and Safety Act of 16 June 1999 and the Regulation concerning the Labour Inspectorate of 31 March 2003 cover all sectors of the economy without distinction, including the agriculture sector. The Government adds that, although the agricultural sector is continuously shrinking and currently represents 2.6 per cent of the national workforce, it is one of the priority sectors for the National Labour Inspectorate which was planning to supervise 134 agricultural enterprises with five or more employees in 2009
(i.e. 31 per cent of all agricultural enterprises). Finally, the Government indicates that there was a machine safety campaign in 2007, in the framework of which mostly agricultural machinery was inspected. Special attention was paid in this framework to agricultural enterprises (6 per cent of visits). The Committee notes from the annual inspection report of 2007 published on the web site of the labour inspectorate that the outcome of this campaign was that most of the inspected machinery, 245 cases, was considered as safe while 34 machines were considered as hazardous. The use of 16 machines has been forbidden and fines were imposed in the case of seven machines. One of the most frequent infringements found during the inspections was lack of safety instructions (69 cases).

The Committee also notes from the Annual Labour Inspection Report for 2008, also published on the abovementioned website that 6 per cent of all inspections in 2008 related to agriculture and hunting while an additional 8 per cent related to the wood industry. Both these industries figure among those with the highest number of accidents in Estonia and 21 per cent of persons who suffered from an occupational disease or work-related disease had worked in the agriculture and hunting sectors. More importantly, the 2008 Annual Labour Inspection Report indicates that agriculture is one of the most problematic fields of activity from the point of view of biological risk factors. Target inspections carried out in the area of biological risk factors in 2008 demonstrated that agricultural enterprises had a high level of non-compliance with the applicable legislation. Agricultural enterprises represented 21 per cent of enterprises which had not carried out a risk assessment; 18 per cent of enterprises which had indicated risk levels which were not accurate; 45 per cent of enterprises which had not properly instructed employees exposed to or endangered by biological risk factors and 42 per cent of enterprises which did not provide appropriate training on how to act in case of risk of an accident. The Committee would be grateful if the Government could provide statistics on the outcome of the inspections carried out in 2009 in the agricultural sector and any other data on the application in practice of the legislation on labour inspection in agriculture and its impact in terms of improving the conditions of work of agricultural workers and, where appropriate, their living conditions and those of their families in agricultural undertakings.

Moreover, noting that, according to the Government, labour inspection activities target only agricultural enterprises with five or more employees, the Committee would like to bring to its attention that the scope of this Convention includes all the agricultural undertakings in which employees or apprentices work (Article 4). Therefore, the Committee requests the Government to indicate the measures taken or under consideration in order to ensue coverage by the labour inspection services of as many agricultural undertakings as possible.

Article 9(3). Specific skills and training of inspectors for the performance of their duties in agricultural undertakings. In its previous comments, the Committee requested the Government to indicate whether training specifically geared to the exercise of labour inspection in agricultural undertakings was given, particularly concerning the monitoring of agricultural machinery and plant, the identification of specific occupational risks (mechanical or chemical) and the means to be implemented to reduce or eliminate them. The Committee notes that, according to the Government, as almost all labour inspectors are “generalists” and there are no inspectors who specialize in agriculture only; the objective of training of labour inspectors is to ensure that they have the information they need on all functions of labour protection, including in agriculture.

The Committee recalls that Articles 17 and 18 of the Convention give specific duties to labour inspectors in the area of occupational safety and health, including the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety and that, according to Article 9(3), labour inspectors should be adequately trained for the performance of their duties. The Committee also emphasizes that only where relevant training is provided to labour inspectors can the latter perform the very important preventative function entrusted to them according to Article 6(1)(b) of the Convention, namely to supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions. In this regard, Paragraph 2 of Recommendation No 133 promotes the association of the labour inspectorate in agriculture in the training of workers and Paragraph 14 enumerates the appropriate means by which Members should promote education campaigns so as to inform the parties concerned, not only of the need to apply strictly the legal provisions but also of the dangers to the life or health of persons working in agricultural undertakings and the most appropriate means of avoiding them. The Committee has noted significant progress with regard to the safety and health of workers in countries where such campaigns were carried out, particularly in forestry work.

The Committee requests the Government to supply details on training provided to labour inspectors with regard to issues particularly relevant to agriculture, such as, for instance, the monitoring of machinery, the identification of specific occupational risks and the means to be implemented to reduce or eliminate them. Moreover, the Committee once again strongly encourages the Government to take the necessary steps, in accordance with Article 11, to ensure the collaboration of duly qualified technical experts and specialists, who might help to solve problems demanding technical knowledge, in the work of labour inspection in agriculture, in such manner as may be deemed most appropriate under national conditions.

Articles 26 and 27. Annual report on the work of the inspection services and working of the labour inspection system in agriculture. The Committee notes that, according to the Government, the Ministry of Social Affairs informed the National Labour Inspectorate about the obligation to publish and communicate to the ILO an annual report on inspection activities in agriculture, following the Committee’s request. It also notes that both Annual Labour Inspection Reports for 2007 and 2008 contain little information on activities performed in agricultural undertakings, which is insufficient to allow an informed assessment of the work of the labour inspection system in the sector. The Committee would therefore be grateful if the Government would take the necessary measures to ensure that the central authority publishes, either as part of the general annual report or as a separate report, additional information on the work of the labour inspection services in agriculture, in particular, data on the staff of the labour inspection service in agriculture and the undertakings liable to inspection as well as the number of persons working therein, the number of inspection visits, violations and penalties imposed, and occupational accidents and diseases, including their causes (Article 27 of the Convention). The Committee requests the Government to keep the ILO duly informed of the progress made to this end.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee takes note of the Government’s first report. Since labour inspection covers all sectors of the economy without distinction, the Committee asks the Government to refer to its request under the Labour Inspection Convention, 1947 (No. 81), with regard to subjects common to both Conventions, and also draws its attention to the following points relating to the specific functioning of labour inspection in agricultural undertakings.

Articles 6, paragraph 1(a) and (b), and 11 of the Convention. Enforcement and prevention activities in occupational safety and health in agricultural undertakings. The Committee strongly encourages the Government to take the necessary steps, in accordance with Article 11, to ensure the collaboration of duly qualified technical experts and specialists, who might help to solve problems demanding technical knowledge, in the work of labour inspection in agriculture, in such manner as may be deemed most appropriate under national conditions. The Committee requests the Government to supply detailed information on the content of legal provisions providing that labour inspectors shall be responsible for prevention and enforcement duties in agricultural undertakings, particularly in order to ensure the protection of workers against risks arising from the use of chemicals or complex machinery. It would be grateful if the Government would also provide statistics on the application in practice of these provisions and also on their impact in terms of improving the conditions of work of agricultural workers and, where appropriate, their living conditions and those of their families in agricultural undertakings.

Article 9, paragraph 3. Specific skills and training of inspectors for the performance of their duties in agricultural undertakings. While noting the information that initial and further training for labour inspectors are provided according to an annual plan, the Committee requests the Government to indicate whether training specifically geared to the exercise of their duties in agricultural undertakings, particularly concerning the monitoring of agricultural machinery and plant, the identification of specific occupational risks (mechanical or chemical) and the means to be implemented to reduce or eliminate them, is also given. If so, the Committee requests the Government to supply further details of training content and duration and the number of participants. If not, it would be grateful if the Government would take the necessary steps to this end and supply information on progress made.

Articles 26 and 27. Annual report on the work of the inspection services and working of the labour inspection system in agriculture. With reference to its comment on the application of Convention No. 81, the Committee draws the Government’s attention to the need, in cases where the annual inspection report covers the functioning of the labour inspectorate in all economic sectors, to provide separately the information required by Article 27(a)–(g) of the Convention relating specifically to the functioning of labour inspection in agricultural undertakings. The Government is therefore requested to take measures to ensure that the central authority publishes and communicates to the ILO within the deadline prescribed by Article 26, either as a separate report or as part as its general annual report, an annual report on the work of the inspection services in agriculture containing the information and statistical data required by Article 27. Pending the communication of such a report, the Committee would be grateful if the Government would provide all available information and statistics in its report on the application of the present Convention.