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

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Poland (Ratification: 1995)

The Committee takes note of the Government’s report for the period ending 30 June 2007, the adoption on 13 April 2007 of the Act on the National Labour Inspectorate and the information available at the Internet site of the labour inspectorate concerning its work.

Article 6, paragraph 1, of the Convention and Paragraph 14 of Recommendation No. 133. Preventive activities by the labour inspectorate in agriculture. Protection of workers and work accidents. The Committee notes the information on the structure of the labour inspectorate in agriculture, and particularly concerning the establishment of a position of adviser to the Chief Labour Inspector for agriculture to strengthen the unit dealing with labour protection in agriculture.

In reply to the Committee’s previous comment concerning the significant increase in the number of fatal accidents in forestry in 2004, the Government indicates that analysis of these accidents shows that the growth in the number of fatal accidents in recent years is due, on the one hand, to the difficulties of logging related to climatic conditions (storms, snow caps) and, on the other, the important outflow of qualified forestry workers to work abroad.

The Committee, however, notes with interest that the labour inspectorate has taken various measures with a view to reducing the frequency of occupational accidents in agriculture and forestry: (i) the obligation for inspectors to increase the number of inspections in the sector; (ii) the presentation following each inspection in a forestry undertaking of the inspection results and recommendations for the optimum protection of health and safety; (iii) the increased number of prevention activities for workers, workers’ organizations and employers in the context of the national information and prevention campaign “Safety and Health at Work in Agriculture – SAFEFARM”, including the organization by labour inspectors of training and seminars and the dissemination of publications; (iv) the drafting of a media training package on accidents at work in agriculture; (v) the preparation of a film on other hazards in agriculture; and (vi) the presentation in partnership with a television channel of examples of good practices which have increased the level of occupational safety in agriculture. The Committee strongly encourages the Government to continue providing the labour inspectorate with the means to intensify its efforts to identify the specific risk factors to which agricultural workers are exposed with a view to their elimination and, as a result, a significant reduction in the number of occupational accidents and an improvement in the prevention of occupational diseases. The Committee requests the Government to continue providing information on the activities undertaken in this respect by the labour inspectorate in agriculture, including forestry.

Article 16, paragraph 1. Right of inspectors to enter agricultural undertakings freely. The Committee observes that, on the one hand, the 2007 Act on labour inspection has not removed the obligation for inspectors to obtain authorization to conduct an inspection and that, on the other, in accordance with section 24 of the Act, the authorization shall specify the scope and limits of the purpose of the inspection. Under the terms of section 26, inspectors are nevertheless authorized, as envisaged in Article 16, paragraph 3, of the Convention, to refrain from informing the employer of their presence before the commencement of the inspection where they consider that this may influence the outcome of the inspection. The Committee once again reminds the Government that, in accordance with the international Conventions on labour inspection, inspectors shall be empowered to enter freely workplaces and undertakings liable to inspection, under the sole condition of being in possession of proper credentials. In paragraphs 265 and 266 of its General Survey of 2006 on labour inspection, the Committee considered that the various restrictions imposed by law or practice on the right of inspectors to enter workplaces freely, such as the requirement of a formal authorization issued by a higher authority for an inspection, can only stand in the way of achieving the objectives of labour inspection as set out in the instruments, and it invited the governments concerned to take the necessary steps to eliminate them in law and practice. On this point, drawing the Government’s attention to its 2007 observation under Article 12, paragraph 1, of Convention No. 81, the Committee urges the Government to take measures to amend the legislation so as to ensure that labour inspectors have the right to enter freely agriculture undertakings, as set out in Article 16 of the present Convention, to provide information on the progress achieved in this respect and to supply a copy of any relevant text.

Articles 26 and 27. Annual report on the work of the labour inspection services in agriculture. The Committee reminds the Government of the obligation of the central inspection authority to publish and communicate to the ILO within the time limit set out in Article 26, either in the form of a separate report or as part of the general annual report, a report illustrating the work of the labour inspection services in the agricultural sector containing the information required by clauses (a)–(g) of Article 27.