Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 139 (occupational cancer), 155 (OSH), 184 (OSH in agriculture) and 187 (promotional framework for OSH) together.

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA) on Conventions Nos 115, 139, 155, 184 and 187, received on 29 August 2025, the observations of the Confederation of Workers of Argentina (CTA Autonomous) on Conventions Nos 139, 155 and 187, received on 1 September 2025, and the observations of the Confederation of Workers of Argentina (CTA Workers) on Conventions Nos 155 and 187, received on 5 August 2021.

Representation made under article 24 of the ILO Constitution. The Committee notes that at its 349th Session (November 2023), the Governing Body declared receivable the representation made under article 24 of the ILO Constitution by the CTA Workers and the Trade Union Association of Subway and Light Rail Workers (AGTSyP) alleging non-observance by Argentina of the Labour Inspection Convention, 1947 (No. 81), and of Conventions Nos 139, 155 and 187, but not receivable in respect of the Protocol of 2002 to Convention No. 155. The Committee notes that the allegations contained in the representation relate to the application of Articles 2, 3, 4 and 5 of Convention No. 139, Articles 4, 6, 7, 8, 9, 10, 11, 13, 16 and 19 of Convention No. 155 and Articles 2, 3, 4 and 5 of Convention No. 187. Taking into account the pending follow-up to the recommendations of the tripartite committee on a previous representation on Conventions Nos 155 and 187 (see the following section), the Committee decides to suspend its examination of these Articles until the Governing Body adopts its report on the representation in respect only to subway and light rail workers.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution)

The Committee notes that in March 2022 the Governing Body approved the report of the tripartite committee set up to examine a representation made by the CTA Workers, the State Workers Association (ATE) and the Education Workers Union (UTE) under article 24 of the ILO Constitution (see GB.344/INS/16/6) on the application by Argentina of Conventions Nos 155 and 187. Noting that the tripartite committee requested the Committee of Experts to follow-up its recommendations, particularly in relation to the application of Articles 4 and 16 of Convention No. 155 and Article 3 of Convention No. 187, the Committee is examining these points in its comments below.

A. General provisions

The Committee notes the information provided by the Government in reply to its previous request in relation to Articles 19(b), (c), (d) and (e) and 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187, as well as Article 3(d) of the Protocol.

I. Action at the national level

Article 2(3) of Convention No. 187. Measures that could be taken to ratify relevant OSH Conventions of the ILO. With reference to its previous comments, the Committee notes that the Government reports the establishment of the Social Dialogue Commission for the Future of Work by Decision No. 225/2019 of the Ministry of Production and Labour to act as a national body for relations with the social partners with a view to appropriate compliance with ratified Conventions. The Government adds that the functions of the Standing Advisory Committee (CCP), established under section 40 of Act No. 24557 of 1995 on occupational risks (LRT), include putting forward proposals for amendments to the occupational risk legislation and the occupational safety and health system. In this regard, the Committee notes the indications in the CGT RA’s observations that the CCP does not have an institutional agenda or a work plan enabling it to carry out the necessary work sufficiently in advance to achieve consensus. The CTA Autonomous considers that the Government has no interest in engaging in consultations with employers’ and workers’ organizations for the periodical consideration of the measures that could be taken to ratify the relevant ILO OSH Conventions. The Committee requests the Government to provide its comments in this regard. It also requests the Government to provide further information on the measures adopted or envisaged for the periodical examination of the measures that could be taken to ratify relevant ILO OSH Conventions in consultation with the most representative organizations of employers and workers.

National policy

Article 4 of Convention No. 155 and Article 3 of Convention No. 187. 1. Implementation and periodic review of the national OSH policy. National preventive culture. With reference to its previous comments, the Committee notes the Government’s indication that the periodic review of the national OSH policy and the related consultations are carried out in the CCP within the framework of the examination of the preliminary draft Bill on the prevention of occupational risks, as envisaged in section 19 of Act No. 27348 of 2017 supplementing Act No. 24557 of 1995. The Committee also notes the indication by the CGT RA that the follow-up of national policies should be undertaken permanently in the CCP and once again refers to the absence of a set agenda and the insufficient frequency of work to follow-up and propose improvements to the national plan and programmes of action. The Committee further notes the concern expressed by the CTA Autonomous in its observations at the absence of a preventive culture and the lack of interest shown by the Government in recognizing and promoting the right to a safe and healthy working environment, and the ineffectiveness of the risk prevention system in reducing occupational injuries. In this regard, it considers that the system continues to be focused on financial compensation for the damages caused by employment accidents and occupational diseases, as occupational risk insurances do not report failures of compliance by employers out of the fear of losing them as clients. It adds that death rates continue to be high, even without taking into consideration undeclared workers. The CTA Autonomous also provides the following information on certain specific sectors: (i) occupational prevention and safety has deteriorated in the telecommunications sector, where there have been alarming figures for deaths and serious injuries caused by occupational accidents, and where workers are in precarious conditions, without adequate equipment and the imposition of productivity targets that are not commensurate with safety measures; and (ii) in commercial diving, where there are no prevention plans or policies that take into account the risks involved in professional diving. The Committee requests the Government to provide its comments in this respect. It also requests the Government to provide further information on the implementation and periodic review of the national OSH policy, in consultation with the most representative organizations of employers and workers, including information on the manner in which the informal economy is taken into account. It also requests the Government to provide information on the measures adopted or envisaged to promote and advance, at all relevant levels, the right of workers to a safe and healthy working environment, and to develop a national preventive OSH culture, including for the telecommunications sector and commercial diving.

2. Consultations with the social partners in essential sectors for OSH. The Committee also notes that, in light of the report of the tripartite committee set up to examine the representation referred to above within the context of the COVID-19 pandemic, consultations were held in the education sector and in institutions housing children and young persons, including through the establishment of an Institutional Coordination Board in August 2020. Information has not been provided on social dialogue bodies in the health sector. In this regard, the Committee notes that the tripartite committee welcomes the areas of dialogue already established and trusts that their work will continue, accompanied by the establishment of new dialogue bodies, where necessary, in accordance with the provisions of Article 4(1) of Convention No. 155 and Article 3(3) of Convention No. 187. Taking into account the conclusions of the tripartite committee, the Committee requests the Government to provide further information on the consultations held with the most representative organizations of employers and workers with a view to the periodic review of the national OSH policy, including in essential sectors for OSH, and particularly in crisis contexts.

Article 7 of Convention No. 155. Overall reviews or reviews of particular areas. With reference to its previous comments, the Committee notes the Government’s indication that the Second National Survey of Workers on Conditions of Employment, Work, Health and Safety was published in 2018. The Committee notes that the Survey includes information on the exposure of workers to psychosocial and environmental hazards, as well as physical, chemical, biological and ergonomic hazards. The Government also refers to the results of the survey carried out in the agricultural sector in 2013–14. The Committee requests the Government to continue providing information on the overall and sectoral examinations undertaken to review the OSH situation and the results obtained.

National system

Article 4(1) of Convention No. 187. National system. With reference to its previous comments, the Committee notes the Government’s indication that the Ministry of Human Capital, by decision No. 718/2024 of 15 November 2024, convened a meeting of the CCP to discuss the draft Bill on the prevention of occupational risks. The Committee notes the CGT RA’s indications in its observations that, within the framework of the draft Bill, the proposals include an improvement in OSH inspection, the updating of the schedule of occupational diseases, training at the various educational levels, a clearer definition of the scope of participation by trade union delegates and the inclusion of other sectors that are informal or with other forms of employment relations. The Committee requests the Government to continue providing information on the progress achieved in the adoption of the draft Bill on the prevention of occupational risks, including information on the meetings held on this subject in the CCP.

Article 4(3)(h) of Convention No. 187. Support mechanisms for a progressive improvement of OSH conditions in microenterprises, small and medium-sized enterprises and the informal economy. The Committee notes that both the CGT RA and the CTA Autonomous express concern in their observations at the high rate of informality in the country (over 45 per cent), which affects over 8 million workers, who are excluded from protection in relation to OSH. The CGT RA states that this situation has worsened as a consequence of recent policies and legislative changes and also considers that the creation of the category of self-employed workers with collaborators by Act No. 27742 of 2024 on the basis and starting points for the freedom of Argentinians raises problems in relation to the OSH coverage and care of such workers. It adds that, according to the information published by the Occupational Risk Supervisory Authority, over the past 15 months, 13,111 enterprises which registered workers (mainly SMEs) have disappeared, which has resulted in a reduction of 219,670 declared workers. The Committee requests the Government to provide its comments in this respect. It also requests the Government to provide information on the measures adopted or envisaged to include support mechanisms for a progressive improvement of OSH conditions in microenterprises, small and medium-sized enterprises and the informal economy.

Article 8 of Convention No. 155 and Article 4(3) of Convention No. 187. Consultation with representative organizations. With reference to its previous comments, the Committee notes the Government’s indication that consultations with representative organizations of employers and workers which are not members of the CCP, depending on the subject, are held within the framework of the Labour Commissions envisaged in Decision No. 770/2013 of the Occupational Risk Supervisory Authority creating the National Prevention Programme by Branch of Activity. In this regard, the Committee notes the indication by the CTA Autonomous in its observations that the CCP only provides for the full participation, with the right to speak and to vote, of the CGT, so that the CTA Autonomous only participates by invitation and without the right to vote, which undermines the legitimacy and effectiveness of the body. The Committee requests the Government to provide its comments in this respect. It also requests the Government to provide further information on the measures adopted or envisaged to give effect to Article 4 of Convention No. 155 in consultation with the representative organizations of employers and workers concerned.

Article 12 of Convention No. 155. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. With reference to its previous comments, the Committee notes the Government’s indication that the wording of the draft Bill on the prevention of occupational risks will be advanced taking into account the current wording of section 6, which gives effect to the requirements set out in Article 12 of the Convention. The Committee notes the view expressed by the CGT RA in its observations that compliance with quality standards in relation to aspects of OSH protection is a cause of concern for trade unions in view of the liberation and deregulation of imports by the Government and the dismantling of the institutions responsible for supervising such matters, such as the National Institution of Industrial Technology and the National Medicaments, Food and Medical Technology Administration. The Committee requests the Government to provide its comments in this respect. It also requests the Government to provide information on the progress achieved in giving effect to Article 12 of Convention No. 155 in the context of the adoption of the draft Bill on the prevention of occupational risks.

Articles 13 and 19(f) of Convention No. 155. Imminent and serious danger. Protection of the worker from undue consequences. With reference to its previous comments, the Committee notes the Government’s reference to section 75 of Act No. 20,744 on the employment contract, which provides that the worker may refuse to perform the work, without any consequent loss or reduction in pay, on condition that there is an imminent danger of injury or, if the competent body has declared the workplace unhealthy, the employer has not undertaken the work or provided the elements required by that authority. The Committee recalls that Articles 13 and 19(f) of the Convention include situations which workers have reasonable justification to believe present an imminent and serious danger. The Committee requests the Government to provide information on the measures adopted or envisaged, including within the context of the adoption of the draft Bill on the prevention of occupational risks, to ensure the protection from undue consequences of any worker who considers it necessary to interrupt a work situation based on the belief, on reasonable grounds, that it presents an imminent and serious danger to her or his life or health.

Article 14 of Convention No. 155. Promoting the inclusion of OSH issues in education and training. With reference to its previous comments, the Committee notes the information provided by the Government on the OSH training path that will be proposed in the CCP based on Decision No. 267/2006 of the Federal Culture and Education Council. In addition, the Government reiterates that the draft Bill on the prevention of occupational risks promotes the inclusion of OSH issues in study plans at all levels of education and training. In this regard, the Committee notes the view expressed by the CGT RA in its observations that current adjustment policies, which include reductions in the financing of education at various levels, discourage the inclusion of OSH content at the various levels of education and training. The Committee requests the Government to provide its comments in this regard. It also requests the Government to provide further information on the measures adopted or envisaged to promote the inclusion of OSH issues at all levels of education and training, including within the context of the adoption of the draft Bill on the prevention of occupational risks.

National programme

II. Action at the enterprise level

Article 16(1) and (3). Requirement for employers to ensure that workplaces under their control are safe and without risk to health. Requirement to provide adequate protective clothing and equipment. The Committee notes that the tripartite committee set up to examine the representation referred to above recommends the Government to continue its efforts to ensure that, insofar as is reasonably practicable, workplaces in essential services are safe and without risk to the safety and health of workers, as required by Article 16(1) of Convention No. 155. The tripartite committee also recommends the Government to periodically review, in collaboration with the representative organizations of employers and workers concerned, the situation with regard to the provision of personal protective equipment (PPE) in the various sectors of essential services with a view to preventing, insofar as is reasonably practicable, the risk of accidents or adverse effects on the health of the workers concerned in the context of the COVID-19 pandemic, in accordance with Article 16(3) of Convention No. 155. The Committee also notes the view expressed by the CTA Workers in its observations that the government of the Autonomous City of Buenos Aires (CABA) did not fulfil its obligations of prevention and protection during the pandemic and that both the occupational risk insurance and the Subsecretariat of Labour ignored the complaints and claims made by the trade unions. In particular, it considers that the Government not only failed to provide PPE during the pandemic, but also that it has not been provided to workers in the health sector for years, and that the provision of washing facilities and changing rooms is not guaranteed in the hospitals for which the CABA is responsible. Taking into account the conclusions of the tripartite committee, the Committee requests the Government to provide information on the measures adopted or envisaged to ensure that, insofar as is reasonably practicable, in essential services: (i) workplaces are safe and without any risk to the safety and health of workers; and (ii) employers provide adequate protective clothing and equipment to prevent the risk of accidents or adverse effects on health.

Article 17 of Convention No. 155. Duty of collaboration between two or more enterprises engaging in activities simultaneously at one workplace. With reference to its previous comments, the Committee notes that the Government refers once again to section 3 of Act No. 19,587 of 1972 on occupational safety and health, which establishes the joint responsibility of the main employer for compliance with OSH provisions, and reiterates that the draft Bill on the prevention of occupational risks establishes the requirement for coordination and collaboration in the implementation of measures when two or more enterprises engage in activities simultaneously at one workplace. The Committee requests the Government to provide further information on the progress achieved in giving effect to Article 17 of Convention No. 155, including within the context of the adoption of the draft Bill on the prevention of occupational risks.

Article 21 of Convention No. 155. Cost of OSH measures. With reference to its previous comments, the Committee notes the Government’s statement that OSH measures do not involve any cost for workers in accordance with sections 8 and 9 of Act No. 19,587, which provide that every employer shall adopt and put into practice adequate safety and health measures to protect the life and safety of workers and other requirements. The Government also reiterates that the draft Bill on the prevention of occupational risks sets out the requirement for employers to provide adequate protective clothing and equipment, in accordance with the specific risk, at no cost to the worker (section 10(e)). The Committee notes the view expressed by the CGT RA that, although the current legislation requires the employer to provide safety equipment and the necessary measures for workers, the creation of new forms of work could transfer the cost to workers, thereby eliminating the duties of employers and the rights of workers. The Committee requests the Government to provide its comments in this respect. It also requests the Government to provide further information on the progress achieved in giving effect to Article 21 of Convention No. 155 in relation to all workers, including within the framework of the adoption of the draft Bill on the prevention of occupational risks.

III. Protocol to Convention No. 155

Article 4(a) of the Protocol. Provision of information to workers and their representatives concerning notified cases. With reference to its previous comments, the Committee notes the Government’s indication that the Programme for the Reduction of Fatal Accidents, created by Decision No. 1721/2004 of the Occupational Risk Supervisory Authority, provides that workers’ representatives shall be informed of investigations into fatal accidents. The Committee requests the Government to provide further information on the measures adopted or envisaged so that notification requirements and procedures establish the responsibility of employers to provide appropriate information to workers and their representatives concerning notified cases of occupational accidents, occupational diseases and, as appropriate, dangerous occurrences, commuting accidents and suspected cases of occupational diseases.

B. Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 2 and 6 of the Convention. Activities involving the exposure of workers to ionizing radiations in the course of their work. Emergency workers. The Committee notes that, in accordance with Revision No. 4 of the Basic Standard on Radiological Safety, approved by Decision No. 521/2019 of the Nuclear Regulatory Authority, volunteers who intervene in an emergency situation may be exposed to an effective dose of up to 100 mSv only to prevent high collective doses (paragraph 108) and up to 500 mSv with a view to saving human lives, preventing the occurrence of severe deterministic effects and/or preventing the development of catastrophic conditions that could severely affect the public and the environment (paragraph 109). The Committee recalls that, in accordance with the 2007 Recommendations of the International Commission on Radiological Protection, reference levels in emergency situations should be selected to be within, or if possible below, the 20-100 mSv band, and no emergency worker should be subject to an exposure in excess of 50 mSv. In exceptional situations, informed emergency workers may volunteer to receive a higher dose in the cases envisaged in paragraph 37 of its general observation of 2015. The Committee requests the Government to provide information on the measures adopted or envisaged to maintain the doses of exposure to ionizing radiations of emergence workers below the reference values indicated in paragraph 37 of its general observation of 2015.

Article 8. Dose limits for workers not directly engaged in radiation work. The Committee notes that, although the Government refers in its report to Annex II, Table 1, of Decision No. 295/2003 of the Ministry of Labour, Employment and Social Security (MTESS, now the Secretariat of Labour, Employment and Social Security (STEySS)), the table does not set exposure limits for workers not directly engaged in radiation work. The Committee also notes that Revision No. 4 of the Basic Standard on Radiological Safety does not contain provisions on this subject. With reference to paragraph 35 of its general observation of 2015, the Committee requests the Government to provide information on the permitted dose limits for ionizing radiations established for workers not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiations or radioactive substances.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiations pursuant to medical advice, and alternative employment. With reference to its previous comments, the Committee notes the Government’s indication that Decision No. 37/2010 of the Occupational Risk Supervisory Authority provides for medical examinations of the physical aptitude of workers. The Committee notes that this Decision does not provide that no workers shall be employed or shall continue to be employed in work by reason of which the worker could be subject to exposure to ionizing radiations contrary to qualified medical advice. The Committee requests the Government to provide further information on the measures adopted or envisaged to give effect to this Article of the Convention.

Occupational Cancer Convention, 1974 (No. 139)

The Committee notes the information provided by the Government in reply to its previous request in relation to Article 4 of the Convention.

Article 1 of the Convention. Periodic determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. With reference to its previous comments, the Committee notes the Government’s indication in its report concerning the establishment of the System for the Supervision and Control of Carcinogenic Substances and Agents (SVCC) and the approval of the schedule of carcinogenic substances and agents by Decision No. 81/2019 of the Occupational Risk Supervisory Authority, for the purposes of which the most recent recommendations of the international organizations specialized in the subject were taken into consideration. However, the Committee notes that the schedule does not prohibit or control the use of the carcinogenic substances and agents that it lists. The Committee also notes that the CTA Autonomous emphasizes in its observations the failure to update exposure limits to the substances present in the working environment and considers that a continuous review mechanism should be established for carcinogenic agents, the focus of which should be on the precautionary principle and the promotion of national epidemiological research. It adds that there is a regulatory gap in relation to certain substances which have not been included among those listed. The Committee requests the Government to provide its comments in this respect. It also requests the Government to provide information on the measures adopted or envisaged to prohibit or control the use of the carcinogenic substances and agents included on the schedule to Decision No. 81/2019 of the Occupational Risk Supervisory Authority and to provide further information on the periodic determination of such substances and agents, taking into consideration the latest information contained in the codes of practice and guides which may be established by the ILO and information from other competent bodies.

Article 2. Replacement of carcinogenic substances and agents. With reference to its previous comments, the Committee notes the Government’s indication that employers of which the establishments produce, import, use, obtain through intermediary processes, sell and/or transfer free-of-charge the substances or agents enumerated in Annex I to Decision No. 81/2019 of the Occupational Risk Supervisory Authority are required to register with the SVCC. Registration shall include information on the studies undertaken and the possibility of replacing carcinogenic substances. The Committee notes that, while the Decision establishes the requirement for employers to provide information on the possibility of their replacement, it does not contain general measures on the replacement of carcinogenic substances and agents. The Committee requests the Government to provide further information on the measures adopted or envisaged to ensure that every effort is made to have carcinogenic substances and agents to which workers may be exposed in the course of their work replaced by non-carcinogenic substances or agents, or by less harmful substances and agents.

Article 3. Protection measures. With reference to its previous comments, the Committee notes the Government’s reference to the requirement for the registration of employers with the SVCC, under the terms of Decision No. 81/2019 of the Occupational Risk Supervisory Authority, and its indication that Decision No. 37/2010 of the Occupational Risk Supervisory Authority determines the frequency and minimum content of the periodic examinations to be carried out in cases of the existence of exposure to hazardous agents. The Committee requests the Government to continue providing information on the measures adopted or envisaged to ensure the protection of workers against risks of exposure to carcinogenic substances or agents.

C. Protection in specific branches of activity

Safety and Health in Agriculture Convention, 2001 (No. 184)

The Committee notes the information provided by the Government in reply to its previous request in relation to Articles 4(2)(c), 10(a) and 12 of the Convention.

Articles 4(1) and (2)(b) of the Convention. National policy. With reference to its previous comments, the Committee notes that, although the Government refers to the draft Bill on the prevention of occupational risks, the Bill does not specifically address the agricultural sector. The Committee also notes that the IInd Argentine OSH Strategy (2015–19) includes among its objectives the promotion of a campaign for the prevention of risks in agriculture and the completion of the draft decision of the Occupational Risk Supervisory Body to bring the legislation into conformity with this Convention, in consultation with the social partners. The Committee requests the Government to provide further information on the formulation, implementation and periodic review of a coherent national policy on safety and health in agriculture in consultation with the social partners. It also requests the Government to provide information on the achievement of the objectives set out for agriculture in the IInd OSH Strategy (2015–19) and to report on the adoption of new OSH strategies.

Article 6(2). Two or more employers in an agricultural workplace. Duty to cooperate in applying safety and health requirements. With reference to its previous comments, the Committee notes the Government’s indication that the draft Bill on the prevention of occupational risks provides that, where two or more enterprises undertake activities simultaneously in the same workplace they shall coordinate and collaborate in the application of prevention measures (section 10(g)). The Committee requests the Government to provide further information, including within the context of the draft Bill on the prevention of occupational risks, on the measures adopted or envisaged to ensure in law and practice that where two or more employers undertake activities in an agricultural workplace, they shall cooperate in applying the safety and health requirements.

Article 7(a). Appropriate risk assessments and adoption of preventive and protective measures on the basis of the results. With reference to its previous comments, the Committee notes the Government’s indications that the draft Bill on the prevention of occupational risks establishes requirements to assess the risks arising out of work and the factors which have an impact on their development, and the adoption of measures for their prevention. The Committee requests the Government to provide further information on the measures adopted or envisaged, including in the context of the adoption of the draft Bill on the prevention of occupational risks, to ensure that employers carry out appropriate OSH risk assessments in the agricultural sector and, on the basis of the results, adopt preventive and protective measures.

Article 8(1)(b). Right of workers to participate in the application of safety and health measures and to select their representatives. With reference to its previous comments, the Committee notes the Government’s reference to section 84 of Act No. 26727 on the National Agricultural Labour Commission (CNTA). In this respect, the Committee notes that the members of the CNTA are designated by the MTESS (section 86) (now the STEySS). The Committee requests the Government to provide further information on the measures adopted or envisaged to ensure that workers in agriculture participate in the application and review of safety and health measures and select their safety and health representatives and representatives in safety and health committees.

Article 11. Risk assessment, consultation and establishment of safety and health requirements for the handling and transport of materials. With reference to its previous comments, the Committee notes the Government’s indication that Decision No. 3345/2015 of the Occupational Risk Supervisory Body establishes maximum limits for the transfer, pushing or pulling of heavy objects. The Committee requests the Government to provide further information on the measures adopted to ensure that: (i) the safety and health requirements for the handling and transport of the materials envisaged in Decision No. 3345/2015 of the Occupational Risk Supervisory Body are based on a risk assessment, technical standards and medical opinion; and (ii) workers shall not be required or permitted to engaged in the manual handling or transport of a load which by reason of its weight or nature is likely to jeopardize their safety or health.

Article 13. Preventive and protective measures for the use of chemicals and the handling of chemical waste at the level of the undertaking. With reference to its previous comments, the Committee notes that the Government refers to Act No. 24051 and its Regulatory Decree No. 831/1993, Act No. 25612 on the comprehensive management of industrial waste and service activities and Act No. 27279 on phytosanitary products. The Committee notes that, while these laws principally regulate the management of hazardous wastes, they do not contain provisions on the use of chemicals. The Committee notes the indications of the CGT RA in its observations concerning the establishment of the Interministerial Roundtable on Chemicals in July 2019 by Decree No. 504/2019, the principal function of which is to engage in joint work for the design, adoption and implementation of national public policies on chemicals and chemical products throughout their life cycle. The Committee requests the Government to provide further information on the adoption of preventive and protective measures for the use of chemicals at the level of the undertaking, in accordance with Article 13 of the Convention. It also requests it to provide information on the policies adopted in this regard by the Interministerial Roundtable on Chemicals.

Article 14. Protection against biological hazards. With reference to its previous comments, the Committee notes the Government’s indication that the draft Bill on the prevention of occupational risks establishes requirements for the protection of the health of workers when using physical and biological chemicals and agents. The Committee requests the Government to provide further information on the measures adopted or envisaged, including within the context of the adoption of the draft Bill on the prevention of occupational risks, to ensure that risks such as those of infection, allergy or poisoning are prevented or kept to a minimum in the handling of biological agents.

Article 16. Young workers and hazardous work. Appropriate training. With reference to its previous comments, the Committee notes the Government’s indication that the types of work, activities, occupational and tasks which constitute hazardous work for young persons under 18 years of age have been determined by Decree No. 1,117/2016. The Committee notes that these include work involving exposure to hazardous chemical or biological substances, agents and processes, as well as contact with and the handling of poisonous or sharp plants. The Committee also notes the emphasis placed by the CGT RA on the weakening by the Government of the implementation of communication campaigns and training on this subject. With reference to its comments on the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee requests the Government to provide further information on the application of Decree No. 1,117/2016 in agriculture with a view to ensuring that young persons under 18 years of age do not perform work which by its nature or the circumstances in which it is carried out is likely to harm their safety and health. It also once again requests the Government to provide information on the training provided and protection afforded to workers from the age of 16 for work which, although not included under Decree No. 1,117/2016, could be harmful to their safety and health.

Article 18. Pregnancy, breastfeeding and the reproductive health of women agricultural workers. With reference to its previous comments, the Committee notes that the Government refers to the maternity leave provided for in Act No. 26727, and to general safety and health measures. However, the Committee notes that these provisions do not address the special needs of women agricultural workers. The Committee requests the Government to provide further information on the measures adopted or envisaged to ensure that the special needs of women agricultural workers are taken into account, particularly in relation to pregnancy, breastfeeding and reproductive health, in accordance with Article 18 of the Convention.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 139 (occupational cancer), 155 (OSH), 184 (OSH in agriculture) and 187 (promotional framework for OSH) together.

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA) on Conventions Nos 139, 155, 184 and 187, received on 29 August 2025, the observations of the Confederation of Workers of Argentina (CTA Autonomous) on Conventions Nos 139, 155 and 187, received on 1 September 2025, and the observations of the Confederation of Workers of Argentina (CTA Workers) on Conventions Nos 155 and 187, received on 5 August 2021.

A. General provisions

Action at the national level

National system

Article 9 of Convention No. 155 and Article 4(2)(c) of Convention No. 187. Adequate and appropriate inspection system. With reference to its previous comments, the Committee notes the information provided by the Government in its report, according to which cooperation agreements between the Occupational Risk Supervisory Authority (SRT) and local labour administrations are renewed annually to ensure the implementation of supervisory action in relation to OSH in accordance with the principles of coordination, cooperation, co-participation and co-responsibility. The Committee also notes the emphasis placed by the CGT RA on the weakening of inspections in relation to the implementation of OSH standards as a consequence of the cost-cutting and austerity policy. In particular, it considers that it is necessary for inspections to be focused on industries with high injury rates, such as construction, agro-industry and manufacturing, and for greater rapidity in the application of fines in the event of serious violations of OSH regulations. With reference to its comments on the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee requests the Government to take the necessary measures to ensure that the enforcement of OSH laws and regulations is ensured by an adequate and appropriate inspection system and that the enforcement system includes adequate penalties in the event of violations.

B. Protection against specific risks

Occupational Cancer Convention, 1974 (No. 139)

Article 5 of the Convention. Medical examinations for workers during the period of employment and thereafter. With reference to its previous comments, the Committee notes that the Government refers to section 6 of Decision No. 37/2010 of the Occupational Risk Supervisory Authority, which establishes the responsibility of the occupational risk insurer or the self-insured employer to carry out termination examinations, of an optional nature, between ten days prior to and 30 days after the termination of the employment relationship. In this regard, the Committee notes that the Decision does not provide for medical examinations to be carried out after the period of 30 days following the termination of the employment relationship. The Committee therefore once again requests the Government to take the necessary measures to ensure in law and practice that such medical examinations are provided for workers as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards, including after the period of employment.

C. Protection in specific branches of activity

Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 5 of the Convention.Adequate and appropriate system of inspection. With reference to its previous comments, the Committee notes the information provided by the Government on the technological progress introduced in carrying out OSH inspections, including the development of the “Single Digital Record” and the provision of equipment to all jurisdictions. However, the Committee notes that specific information has not been provided on the system of labour inspection in agriculture. The Committee also refers to its comments on the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and notes the indication by the CGT RA that the number of inspectors in the agricultural sector is insufficient to cover the whole of the territory adequately. The Committee requests the Government to take the necessary measures to ensure that an adequate and appropriate system of inspection for agricultural workplaces is in place and is provided with adequate means in relation to OSH. It also requests the Government to provide information on the progress achieved in this respect.

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 155 (occupational safety and health) and 187 (promotional framework for occupational safety and health) together. The Committee notes the Government’s first reports on both Conventions.

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT–RA), and the Confederation of Workers of Argentina (CTA Autonomous), received in 2016, and also the Government’s reply, received in 2017.

I. Action at the national level

Article 2(3) of Convention No. 187. The Committee notes the proposed establishment of a committee to address issues arising in the ILO supervisory system. The Committee requests the Government to provide information relating to the obligation to periodically consider the measures that could be taken to ratify relevant occupational safety and health Conventions of the ILO, and on the results of consultations held with the most representative organizations of employers and workers including within the context of the proposed committee.

National policy

Article 4 of Convention No. 155. Implementation and periodic review of national policy on occupational safety and health. The Committee notes that the national policy on occupational safety and health (OSH) was officially approved by the Standing Advisory Committee on the Occupational Risk Prevention Bill (LRT Advisory Committee) on 21 November 2012. It also notes that it will be implemented and periodically reviewed in consultation with the representative workers’ and employers’ organizations and with competent institutions in this field. The Committee requests the Government to provide information on the periodic review of national policy, in consultation with the most representative workers’ and employers’ organizations concerned.

Article 8 of Convention No. 155 and Article 4(3)(a) of Convention No. 187. Consultation with representative organizations. The Committee notes that the LRT Advisory Committee is the tripartite advisory body on OSH issues. Section 40 of the Occupational Risk Prevention Bill stipulates that the LRT Advisory Committee shall comprise four CGT–RA representatives for the workers and four representatives for the employers from their organizations, two of whom shall be designated by the small and medium-sized enterprise (SME) sector. The Committee notes that the national policy for 2012 and the action plan of OSH Strategy II have been signed by representatives of the General Confederation of Labour (CGT) and the Confederation of Workers of Argentina (CTA). The Committee requests the Government to provide additional information on consultations with representative employers’ and workers’ organizations which do not form part of the LRT Advisory Committee.

Article 7 of Convention No. 155. Overall review or reviews of particular areas. The Committee notes the Government’s indication that: (a) the first “national survey of workers regarding employment, work, working conditions and the working environment in Argentina” was carried out in 2009; (b) it is planned to carry out a second survey; and (c) the results of the survey conducted in agriculture are being processed. The Committee requests the Government to continue its efforts to carry out the second national survey and to provide information on the results of the survey conducted in agriculture.

National system

Article 4(1) of Convention No. 187. National system. The Committee welcomes the approval of the draft Occupational Risk Prevention Bill by the LRT Advisory Committee in March 2018 and its transmission to the ILO for technical comments. The Committee requests the Government to continue to provide information on the adoption of the Occupational Risk Prevention Bill.

Article 9 of Convention No. 155 and Article 4(2)(c) of Convention No. 187. Adequate and appropriate inspection system. The Committee notes the structure and operation at the federal and provincial levels of the inspection system (Act No. 25.877 of 2004 establishing the integrated labour and social security inspection system (SIDITYSS)). The system comprises the National Labour and Social Security Administrative Authority, the provincial authorities and the Autonomous City of Buenos Aires. The Committee notes that the CGT–RA regrets the fact that the provincial authorities do not have sufficient human and financial resources. The Government indicates that the Occupational Risk Supervisory Authority (SRT) helps to reinforce the inspection capacity of the local labour administrations through cooperation agreements between them and the SRT. Considering that Argentina has ratified the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee refers, as concerns Article 9 of Convention No. 155 and Article 4(2) of Convention No. 187, to the detailed comments that it adopted in 2016 on the application of Convention No. 81 and Convention No. 129 specifically with respect to the following Articles: Articles 3(1)(a), 16, 18 and 24 of Convention No. 81 and Article 6(1)(a), 21 and 24 of Convention No. 129 (supervisory function of labour inspectors, frequency and scope of labour inspections, and penalties); Articles 3(1)(a), 4, 10 and 11 of Convention No. 81, and Article 6(1)(a), 7(1), 14 and 15 of Convention No. 129 (supervision and control of the labour inspection services by a central authority and number of inspection staff); Article 9 of Convention No. 81 and Article 11 of Convention No. 129 (collaboration with technical experts and specialists); and Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129 (annual labour inspection report), as well as Articles 6(1)(a), 14 and 19 of Convention No. 129 (function of labour inspection, number of inspectors, notification of occupational accidents and diseases), and Articles 17 and 19 of Convention No. 129 (preventive control and notification of occupational accidents and cases of occupational disease).

Article 12 of Convention No. 155. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that section 6 of the draft Occupational Risk Prevention Bill establishes the obligations provided for in Article 12 of the Convention. The Committee requests the Government to continue its efforts to give effect to Article 12 of the Convention, including through the adoption of the Occupational Risk Prevention Bill.

Articles 13 and 19(f) of Convention No. 155. Imminent and serious danger. Protection of the worker from undue consequences. The Committee notes the Government’s indication that Article 13 is directly operational in the country through Act No. 26.693 of 2011 giving effect to Convention No. 155 and its Protocol of 2002. Moreover, section 31.3(c) of Act No. 24.557/1995 establishes the obligation of workers to report to the employer situations in which they are aware that occupational risks are involved. Moreover, section 8(d) of the draft Occupational Risk Prevention Bill establishes the right of workers to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to life or health, with the obligation to notify their supervisor immediately wherever possible. The Committee requests the Government to continue its efforts to give effect to Articles 13 and 19(f) of the Convention, including through the adoption of the Occupational Risk Prevention Bill.

Article 14 of Convention No. 155. Promotion of OSH issues in education and training. The Committee notes the Government’s indication that it will propose to the Federal Council for Culture and Education that it agree to the incorporation of content on OSH and the working environment at the various levels of education and training. In addition, section 6 of the draft Occupational Risk Prevention Bill provides for the incorporation of OSH issues at all levels of education and training. The Committee requests the Government to continue to provide information on the adoption of the aforementioned measures.

II. Action at the level of the undertaking

Article 17 of Convention No. 155. Duty of collaboration between two or more undertakings engaging in activities simultaneously at one workplace. The Committee notes that section 3 of Decree-Law No. 19.587 concerning occupational safety and health establishes the joint and several liability of the main employer regarding compliance with OSH provisions when the work is carried out by third parties in establishments or workplaces of the main employer or with machinery, plant or equipment supplied by the latter. However, the CGT–RA indicates that there is insufficient coordination of safety programmes when several enterprises are operating simultaneously, whose activities involve different risks and different degrees of responsibility. The Committee notes that the duty of collaboration of two or more undertakings engaging in activities simultaneously at one workplace is established in section 10(g) of the draft Occupational Risk Prevention Bill. The Committee requests the Government to continue its efforts to give effect to Article 17 of the Convention, including through the adoption of the Occupational Risk Prevention Bill, and to provide information in this respect.

Article 19(b), (c), (d) and (e) and Article 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187. Arrangements to be adopted at the level of the undertaking regarding cooperation between employers and workers and their representatives. The Committee notes the Government’s indication that various sectoral and provincial regulations establish specific measures regarding information and training for workers and their representatives and mechanisms for cooperation between them and the employers, such as the setting up of joint OSH committees and the appointment of OSH delegates. Moreover, Decision No. 3528/15 SRT provides that employers in the self-insurance scheme must set up a joint OSH committee made up of representatives of the employer and of the workers. However, these provisions are not generally applicable in that they only cover specific sectors and provinces, and only employers in the self-insurance scheme. The Committee requests the Government to provide information on the measures taken or contemplated to ensure training and information for workers’ representatives and to promote cooperation in general between workers, their representatives and the employers in cases not covered by the existing legislation, including through consultation between them, to examine all aspects of OSH.

Article 21 of Convention No. 155. Cost of OSH measures. The Committee notes that section 10(e) of the draft Occupational Risk Prevention Bill establishes the obligation for the employer to provide appropriate personal protective equipment and clothing according to the specific risk concerned, without any cost to the worker. The Committee requests the Government to continue its efforts to give effect to Article 21 of the Convention, including through the adoption of the Occupational Risk Prevention Bill.

Protocol to Convention No. 155

Article 3(d) of the Protocol. Confidentiality of personal data. The Committee notes that Decision No. 525/2015 SRT obliges occupational risk insurers to preserve the confidentiality of data. However, the Government does not provide any information on the obligation for employers to respect confidentiality. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the confidentiality of personal and medical data in the employer’s possession.

Article 4(a) of the Protocol. Information for workers and their representatives concerning notified cases. The Committee notes that section 31 of the Occupational Risk Prevention Bill establishes the obligation for employers to notify the occupational risk insurers and the SRT of occupational accidents and diseases. Moreover, Appendix I to Decision No. 525/2015 establishes the administrative procedure for reporting occupational accidents and diseases in the terms prescribed by Article 4 of the Protocol. However, these provisions do not establish the responsibility for employers to provide appropriate information for workers or their representatives concerning notified cases. The Committee requests the Government to provide information on the measures taken or contemplated in this respect.

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 on 2 September 2015, and the Government’s reply.

Article 1 of the Convention. Periodic determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. The Committee notes the information in the Government’s report in reply to its previous comments on the manner in which carcinogenic substances and agents are periodically determined and updated. It notes in particular the Government’s indication that the periodic determination and updating of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control, and those to which other provisions of the Convention apply, is undertaken on the basis of the Group 1 list issued by the International Agency for Research on Cancer (IARC). The Committee requests the Government to specify the provisions according to which the periodic updating of carcinogenic substances and agents shall take place, taking account of the IARC Group 1 list.

Article 2. Replacement of carcinogenic substances and agents. In its previous comments, the Committee asked the Government to indicate the measures taken with a view to the replacement of carcinogenic substances and agents. The Committee notes the Government’s indications that the replacement of carcinogenic substances and agents by less harmful substances or agents is dependent on the available technology required for each work process. Recalling the requirement established by this Article for every effort to be made to have carcinogenic substances and agents to which workers may be exposed in the course of their work replaced by non-carcinogenic substances or agents, or by less harmful substances or agents, the Committee requests the Government to provide more information on the measures taken for this purpose, including legislative initiatives, tripartite discussions and studies.

Article 3. Protective measures. In its previous comments, the Committee asked the Government to indicate the measures taken to protect workers from the risks of exposure to carcinogenic substances or agents. The Committee notes the Government’s indication that risks deriving from carcinogenic substances or agents to which occupational exposure shall be prohibited are determined by the competent authority on a case-by-case basis, for example through Ministry of Health Decisions Nos 845/2000 of 10 October 2000 and 823/2001 of 26 July 2001, which prohibit the production, importation, sale and use of amphibole asbestos and products containing it throughout the country, and also through the Occupational Safety and Health Act (No. 19.587 of 21 April 1972), which contains provisions relating to radiation. The Government also indicates that the measures taken are subject to inspection by the competent authority, in accordance with Decision No. 415/2002 of 21 October 2002 of the Occupational Risk Supervisory Authority (SRT) concerning the registration of carcinogenic substances and agents. The Committee notes that, according to the CGT RA, the measures taken by employers and prevention officers to keep the risk of occupational cancer under control are not completely in line with international standards. The Committee requests the Government to supply information on the measures taken to protect workers against the risks of exposure to carcinogenic substances or agents other than asbestos and radiation, and on the reference standards used for this purpose.

Article 4. Access to information for workers. The Committee notes that the CGT RA emphasizes the need for workers to be constantly trained and informed with regard to, inter alia, the risks to which they are exposed, the prevention and health measures to maintain, and conduct in cases of emergency. The Government refers to Legislative Decree No. 19.587/72 and its regulations. The Committee requests the Government to provide information on the manner in which it is ensured in practice that workers who may be exposed to carcinogenic substances or agents receive all available information on the hazards presented by those substances, and on the activities that have been undertaken to this end.

Article 5. Medical examinations for workers during the period of employment and thereafter. The Committee requests the Government once again to take the necessary steps to ensure that medical examinations are carried out after the period of employment, as required by this Article of the Convention, and to provide information in this regard.

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)

Articles 1 and 3 of the Convention. Periodic determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. Records. The Committee notes with interest SRT Resolution No. 415/2002, which: provides for the maintenance by the Occupational Risks Supervisory Authority, of a “Record of Carcinogenic Substances and Agents”; updates the list of carcinogenic substances and agents in Annex I to DNHST Provision No. 01/95; approves the form for the entry of data in the Record of Carcinogenic Substances and Agents; provides for the registration of the employers concerned and establishes that employers are to keep clinical histories of workers liable to be exposed for a period of 40 years. It also notes SRT Resolution No. 310/03 amending the annex listing these agents. The Committee requests the Government to indicate the procedures for periodically determining and updating the carcinogenic substances and agents to which the provisions of Article 1(1) of the Convention apply.

Article 2. Replacement of carcinogenic substances and agents. The Committee requests the Government to indicate the measures adopted with a view to replacing carcinogenic substances or agents, such as asbestos, by non-carcinogenic, or less harmful, substances or agents.

Article 3. Protective measures. The Committee requests the Government to provide information on the measures taken to protect workers from the risks of exposure to carcinogenic substances or agents, such as asbestos and ionizing radiations.

Article 5. Medical examinations for workers during the period of employment and thereafter. In its previous comments, noting the compulsory nature of medical examinations, the Committee pointed out that the need to examine workers after they have ceased employment is due to the fact that the occupational origin of cancer is often difficult to demonstrate, since from a clinical and pathological point of view there is no difference between occupational cancer and non-occupational forms of the disease. The aim, therefore, is to make a final evaluation of workers’ health and compare it with previous medical examinations to see whether the job assignments in the course of employment have affected the health of workers. It asked the Government to take the necessary steps to assess the exposure of workers and check their state of health in relation to occupational hazards not only in the course of employment and before separation, but also after termination of the employment relationship. The Committee notes SRT Resolution No. 37/2010 establishing the medical examinations that are to be included in the occupational risks system. The Committee notes that according to section 5 of the Resolution, examinations after employment are optional. The Committee again points out that post-employment medical examinations are compulsory and once again asks the Government to take the necessary steps to bring its legislation and practice into conformity with the Convention, ensuring that all the examinations referred to in this Article of the Convention are made compulsory, and to provide information in this regard.

Part IV of the report form. Application in practice. The Committee requests the Government to provide information of a general nature on the manner in which the Convention is applied, including information on the number of workers protected by the legislation and the number and nature of the infringements detected and diseases reported that relate to the Convention.

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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the Government’s report received in the ILO at the end of August 2005 and the Government’s reply to the Committee’s previous comments transmitted in November 2005. It draws the attention of the Government to the following points.

2. Article 3 of the Convention. Measures to protect workers against the risks of exposure to carcinogenic substances and agents. The Committee notes the Government’s reference to resolution No. 415/02 on carcinogenic agents, issued by the Office of the Superintendent of Risks at Work (SRT), resolution SRT No. 310/03 changing the list of carcinogenic agents in the appendix to the previous resolution, and resolution SRT No. 840/05 which establishes a registry for notification of occupational diseases. The Committee requests the Government to provide with its next report these texts in order to enable the Committee to examine the effect given to this Article of the Convention.

3. Article 5. Post-employment medical examination. The Committee notes the information provided by the Government that post-employment medical examination is normally only performed in cases where a worker seeks compensation. In those cases, the insurance company requires a medical examination in order to determine whether the claim is justified. The Committee also notes that, with reference to the Spanish version of this Article, the Government indicates that the Convention prescribes medical examination either during the period of employment or thereafter. The Committee notes, however, that the English and French texts of the Convention, which are the authoritative versions according to Article 14, prescribe that medical examinations are mandatory in both cases. Noting such a compulsory nature of medical examinations, the Committee recalls that the need to examine workers after they have ceased their employment is due to the fact that the occupational origin of cancer is often difficult to demonstrate as, from the clinical and pathological point of view, there is no difference between occupational cancer and other non-occupational forms. Thus, the purpose is to make a final evaluation of workers’ health and to compare it with previous medical examinations to see whether the job assignments have affected their health. The Committee accordingly requests the Government to indicate the measures taken or contemplated to guarantee that workers are provided with medical or biological examinations or other tests or investigations not only during the period of employment and before the termination of their employment relationship, but also thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards.

4. The Committee notes, from the Government’s reply, that the Office of the Superintendent of Risks at Work (SRT) does not have the information requested by the Committee in its previous comments. The Committee refers again to resolution No. 64/91 on negotiating committees to be convened with a view to applying the occupational safety and health regulations and the technical standards elaborated by the National Occupational Safety and Health Directorate, as well as to the indication of the Government that among the information recorded by the Superintendent of Risks at Work there does not exist any data coming from the Sub-secretary of Work as concerns the results of the work of the negotiating committee to be convened. The Committee requests the Government, once again, to clarify whether the above committee has already been convened and, if that is the case, to supply information on the results of their work accomplished as soon as they are made available to the Office of the Superintendent of Risks at Work.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information supplied by the Government in response to its previous comments. It draws the Government’s attention to the following points.

1. Article 3 of the Convention. The Committee notes the Government’s indication that a commission has been established under the auspices of the Superintendent of Risks at Work, which is engaged to elaborate possible changes to be inserted to the provision DNSST No. 1/95 concerning the keeping of medical records of workers. The Committee accordingly would ask the Government to provide information on the outcome of the work accomplished in this regard.

2. Article 5. The Committee notes with interest resolution SRT.43 of 12 June 1997, issued by the Office of the Superintendent of Risks at Work on medical examinations of workers. It notes that section 1 enumerates the different medical examinations to be carried out in order to monitor workers’ health. Sections 2 to 6 specify the different types of workers’ health surveillance, as there are pre-assignment medical examinations, periodic health evaluations during the employment, medical examinations before transfer to another activity, return-to-work health assessments after a longer absence from work and medical examinations to be carried out before the termination of the employment relationship or before the termination of the apprenticeship. The above provisions further prescribe the framework and the details of each kind of medical examination with regard to their objectives, the appropriateness of carrying out these examinations, their contents and the persons responsible. In this regard, the Committee notes in particular section 6 on optional medical examination of workers before the termination of the employment relationship or the apprenticeship, which, however, does not embrace post-assignment health examinations of workers, as provided for in Article 5 of the Convention. The Committee therefore recalls that the need to examine workers after they have ceased their employment is due to the fact that the occupational origin of cancer is often difficult to demonstrate as, from the clinical and pathological point of view, there is no difference between occupational cancer and other non-occupational forms. Thus, the purpose is to make a final evaluation of workers’ health and to compare it with previous medical examinations to see whether the job assignments have affected their health. The Committee accordingly requests the Government to indicate the measures taken or contemplated to guarantee that workers are provided with medical or biological examinations or other tests or investigations not only during the period of employment and before the termination of their employment relationship, but also thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards, in application of this Article of the Convention.

3. With regard to resolution No. 64/91 on negotiating committees to be convened with a view to applying the occupational safety and health regulations and the technical standards elaborated by the National Occupational Safety and Health Directorate, the Government indicates that among the information recorded by the Superintendent of Risks at Work there does not exist any data coming from the Sub-secretary of Work as concerns the results of the work of the negotiating committee to be convened by the aforementioned Sub-secretary of Work pursuant to the above resolution. The Committee accordingly requests the Government to clarify whether the above committee has already been convened and, if that is the case, to supply information on the results of their work accomplished as soon as they are made available to the Office of the Superintendent of Risks at Work.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes note of the information provided by the Government, in particular in reply to its general observation. It also notes the information provided by the Government concerning the promulgation of the provision DNHST No. 01/95.

Article 3 of the Convention. The Committee notes with interest the provision DNHST No. 01/95. Pursuant to its section 7, enterprises are required to keep the medical records of workers, who might have been exposed during their working lives, for a period of 40 years after these workers have left the company.

Article 5. The Committee notes that the provision DNHST No. 01/95 does not contain any provisions regarding medical checks. However, items 8, 9 and 10 of Annex II to provision 33/90 relate to medical examinations for the early detection of cancer, to specific examinations of the working environment and to the specific biological examinations which employers must provide to workers in the undertakings concerned. The Committee recalls that under this Article of the Convention, measures must be taken to ensure that workers, both during and after the period of their employment, are provided with the medical or biological examinations or other tests or investigations needed to evaluate their level of exposure and monitor their state of health with regard to the occupational hazards, in response to the common situation in which cancer is diagnosed only after the worker concerned has left the employment in which he or she suffered exposure.

Resolution 64/91, transmitted by the Government, provides that negotiating committees must be convened with a view to applying the occupational safety and health regulations and the technical standards drawn up by the National Occupational Health and Safety Directorate.

The Committee therefore requests the Government to provide information on the results of the work done by the above-mentioned committees, if they have been convened, and in particular, information on measures taken to ensure that workers are provided after their period of employment with the examinations needed to assess their state of health.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information supplied by the Government in response to its previous direct request.

Article 3 of the Convention. The Committee has noted with interest provision DNHST 31/89 as amended by provision 33/90 establishing a register of carcinogenic substances and agents. It has taken note with interest of Annex I to provision DNHST 33/90 containing a list of carcinogenic substances and agents and of Annex II prescribing the form of questionnaire for data recording purposes.

Article 5. The Committee notes the information supplied by the Government on medical supervision. It notes in particular items 8, 9 and 10 of Annex II to provision 33/90 relating respectively to medical examinations for early detection of cancer, to specific examinations of the working environment and to the specific biological examinations which employers must provide to workers in the undertakings concerned.

The Committee has taken note of resolution 64/91, supplied by the Government, which provides that negotiating committees shall be convened with a view to the application of the occupational safety and health regulations and of the technical standards drawn up by the National Occupational Health and Safety Directorate.

The Committee asks the Government to supply information on the outcome of the negotiations and on the measures taken to ensure that workers are provided with such medical or biological examinations after the period of employment, as are necessary to evaluate their state of health.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee notes the information supplied by the Government in reply to its previous direct request.

Article 3 of the Convention. The Government states that the National Office of Occupational Health and Safety has undertaken a study of a draft special register for occupational exposure to carcinogenic substances and agents. The Committee notes this information with interest and hopes that the register will be finalised and implemented in accordance with the provisions of this Article. In this connection, the Government may find helpful the information on registers and recording contained in Section 7 of "Occupational Cancer-Prevention and Control", Occupational Safety and Health Series, No. 39, ILO.

Article 5. The Committee notes the Government's explanations of the practical difficulties it faces in trying to ensure medical supervision of workers after their period of employment and its intention to consult the social partners on this matter to consider the alternative avenues of solution. The Committee hopes the Government will be able to indicate in its next report the steps which have been taken to ensure that after their employment workers are medically supervised where necessary in relation to occupational hazards.

The Committee hopes that the next report will be able to indicate progress made on the above points.