Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Also referring to its observation, the Committee requests the Government to supply additional information on the following points.

Article 17 of the Convention. Preventive controls in agricultural undertakings. The Committee once again requests the Government to indicate whether and in what cases provision is made, in accordance with this provision of the Convention, for the association of the labour inspection services in agriculture in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety.

Article 19, paragraph 1. Notification of occupational accidents and cases of occupational disease to labour inspectors. The Committee recalls that, under the terms of this provision, the labour inspectorate shall be notified of occupational accidents and cases of occupational disease in such cases and in such manner as may be prescribed by national laws or regulations. With reference to its general observation of 1996 concerning the notification and registration of occupational accidents and diseases, the Committee draws the Government’s attention to the fact that one of the aims of the notification of accidents and cases of occupational disease to the labour inspectorate is to enable the latter to better identify high-risk agricultural enterprises and activities and to contribute to the establishment and implementation of a suitable policy for the prevention and elimination of the causes involved. In this sector, specific occupational risks exist, such as those connected with the operation of certain installations, the use and handling of phytosanitary products which are dangerous for health and the environment, pathologies transmitted by animals, or risks arising from insect bites and stings. The preventive role of the labour inspectorate may take the form of various activities, including information campaigns for employers, agricultural workers and the members of their families living on the agricultural premises, on these risks and the means of avoiding them and, at an individual level, by orders to the employer responsible for taking measures to this end on pain of penalties and by monitoring the implementation of these orders. Whenever the inspector is informed of an accident or the occurrence of a case of occupational disease in an enterprise placed under his control, his role is to ensure that the employer complies with his legal obligations with respect to the worker affected or, in the event of a worker’s death, with regard to his dependants. The Committee therefore requests the Government to take measures as soon as possible to ensure that the legislation is supplemented in such a way that the cases and manner in which the labour inspectorate is to be notified of occupational accidents and cases of occupational disease are defined, and to keep the Office informed.

Articles 25, 26 and 27. Periodic reports and annual report on the work of the labour inspectorate. With reference to its observation under Convention No. 81, the Committee hopes that the measures adopted in the context of the “Centroamérica cumple y gana” project will be used to facilitate the production of periodic reports on the work of local inspection offices in agricultural undertakings, as provided for by Article 25, and that these reports will enable the central inspection authority to publish and send, in accordance with Article 26, an annual report on the work of the inspection services in agriculture, either as a separate report or as part of its general report, and that this report will contain the information required by Article 27. In this respect, the Committee reminds the Government of the guidance provided by Part IV of Recommendation No. 81 on how the information required by Article 27 can be presented to good effect.