Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Norway (Ratification: 1971)

The Committee notes the Government’s report on the application of the Convention for the period ending 31 May 2005. It refers to its observation under Convention No. 81 in relation to the Government’s replies to the points raised by the Norwegian Confederation of Trade Unions (LO) in February 2004 concerning the abolition of the Board of the Labour Inspection Authority and the relocation of the Directorate of Labour Inspection from the capital to Trondheim.

The Committee also notes the new comments made by LO, forwarded to the ILO by the Government with its report in October 2005, concerning shortcomings in the application of several provisions of the Convention.

1. Article 6(b) of the Convention. Provision of technical information and advice to workers. According to LO, technical information and advice is provided principally to farmers by a tripartite body Landbrukshelsen, but hardly to farm workers. Moreover, this body only covers a limited aspect of this function.

2. Article 13. Collaboration between officials of the labour inspectorate in agriculture and employers and workers, or their organizations. LO indicates that such collaboration only exists in the forestry sector through a tripartite body Skogbrukets HMS-utvalg. It regrets that no such body or provisions have been adopted to promote collaboration between labour inspection officials and the social partners for the farming sector.

3.  Article 14. Number of labour inspectors in relation to the workplaces subject to inspection. According to LO, there are clearly insufficient numbers of labour inspectors, since as much as ten years would be required to inspect all the workplaces covered by a single inspector. The Committee notes the information provided by the Government concerning the diversity of situations in the distribution of work between inspectors in the various inspection offices. Although every office has agricultural expertise, it varies from office to office whether inspectors are specially assigned for agricultural inspections. With reference to its 2003 observation in which it noted a comment by LO concerning the downsizing of the staff of labour inspection in agricultural and its consequences on the protection of workers, the Committee notes that, according to the Government, not only has there not been any reduction in inspection staff, but it is envisaged to transfer personnel from the Directorate to the regions. The Government adds that, once the relocation of the Directorate of Labour Inspection is completed, it will make every effort to comply with the legal obligations deriving from section 74 of the Act relating to worker protection and the working environment and the relevant regulations.

4. Article 19(1). Notification of occupational accidents. According to LO, there is widespread under-reporting of occupational accidents. The system of notification is not therefore effective and measures need to be taken to improve it.

5. Articles 26 and 27. Publication and content of an annual report on inspection in agriculture. LO indicates that no such report is prepared, either as a separate report or as part of a general annual inspection report. The brief information provided by the annual general report on the agricultural sector is inadequate in this respect. LO points out that it does not contain information on any of the subjects covered by points (b), (c), (d), (e) and (g) relating, respectively, to: the staff of the labour inspection service in agricultural; statistics of agricultural undertakings liable to inspection; statistics of inspection visits; statistics of violations and penalties imposed; and the causes of occupational diseases.

The Committee would be grateful if the Government would provide information in its next report on the measures adopted to: (i) improve the services of the labour inspectorate in relation to the provision of technical information and advice to workers concerning the most effective means of complying with the legal provisions (Article 6, paragraph 1(b)); (ii) promote effective collaboration between officials of the labour inspectorate and the social partners in all activities in agriculture (Article 13); (iii) improve the system for the notification of occupational accidents and cases of occupational disease with a view, for the purposes of prevention, to reflecting reliably the occupational safety and health situation (Article 19(1)); and (iv) ensure the publication and communication to the ILO by the central labour inspection authority, in the required form and within the prescribed time limits, of an annual activity report containing the required information (Articles 26 and 27).

Furthermore, the Committee requests the Government to keep the ILO informed of developments following the measures related to the relocation of the Directorate of Labour Inspection in relation to the number of inspectors in agriculture. It once again requests the Government to provide a copy of any document relating to the mandatory quality management system, including occupational health and safety aspects, established by the Norwegian Agriculture Cooperation and client companies of farms.