Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Romania (Ratification: 1975)

The Committee notes the information provided by the Government which replies in part to its previous comments, as well as the Regulations on workers’ health surveillance (G.D. No. 355/2007) and on the protection of young workers (G.D. No. 600/2007).

Article 1, paragraph 2, and Article 9, paragraph 3, of the Convention. Adequate training and further training in the course of employment for labour inspectors in agriculture. In its previous direct request, the Committee asked the Government to indicate whether enterprises in the agri-food industry are covered in virtue of the present Convention and to provide detailed information on the specific training activities intended for inspectors who discharge their duties in the agricultural sector (content, duration, frequency and number of participants), particularly with regard to the protection of the workers most exposed to the risks arising from the use of chemicals and complex agricultural plant or machinery. The Committee notes that the Government has not provided the specific information requested, but that it indicates in general that in 2008, of the 231 labour inspectors trained in the context of the PHARE project, 14 cover the field of agriculture. The objective of the training was to develop the capacities of inspectors to evaluate the quality of risk assessment certificates. The Committee would be grateful if the Government would provide detailed information on the content of this training and on the results that it has had in practice in agricultural undertakings, and if it would provide a copy of any relevant document.

It also requests the Government to provide the information requested previously concerning the specific training (content, duration, number of participants) provided for labour inspectors to enable them to ensure the protection of agricultural workers exposed to chemical or industrial risks through both information activities and legal action against negligent employers or employers in violation of the relevant legal provisions.

Article 10. Gender balance of the labour inspection staff. Noting that, according to the information relating to the increase in the number of women labour inspectors in agriculture, they represent less than one quarter of all inspection personnel, the Committee would be grateful if the Government would indicate: (1) whether any special duties are assigned to them, particularly in agricultural undertakings where the labour force includes a large number of women; and (2) whether it is planned to take measures to encourage applications by women to the profession. The Government is requested to provide any relevant information in this respect.

Articles 11 and 13 of the Convention and Paragraphs 1, 2, 10 and 14 of Recommendation No. 133. Collaboration of duly qualified technical experts and specialists in the work of labour inspection and collaboration between the labour inspection services and employers and workers. The Committee notes with interest that experts qualified in the field of agriculture have been invited to participate in events organized by local labour inspection services with employers, workers and representatives of occupational organizations of employers and workers with a view to raising awareness and promoting good practices. It notes that the discussions covered risk factors for occupational accidents and diseases, as well as methods and procedures for the evaluation and prevention of risks. The Committee further notes with interest that between 2007–09 local labour inspection services organized 249 information sessions for a population of 5,432 persons and 66 trade union representatives on a number of subjects, including: European good practices, in relation to occupational safety and health; employers’ obligations in the prevention of occupational risks; and the evaluation of occupational accidents and occupational diseases. According to the Government, three information sessions have been organized by the labour inspectorate for 78 workers entrusted with special functions in the field of occupational safety and health. The Committee would be grateful if the Government would continue to provide information on the collaboration of experts in the field of agriculture and if it would also specify whether, as provided in Article 11, it is ensured that such duly qualified technical experts and specialists are associated in the work of labour inspection in agriculture to help solve problems demanding technical knowledge. The Government is requested to provide any relevant document in this respect. If such measures have not been taken, the Committee would be grateful if the Government would take steps to achieve the objectives set out in this provision and if it would keep the Office informed of any progress achieved.

The Committee further requests the Government to provide clarifications of the procedure for the evaluation of risks, in particular on the extent of the involvement of the partners and the precise role of labour inspectors in the context of this procedure.

Article 12. Cooperation among labour inspection services and between such services and other public or private institutions. The Committee notes that, with a view to the implementation of the action “for a working environment ensuring safety and health, a performance factor in SMEs in the agricultural sector”, in addition to collaboration with the social partners, the labour inspectorate has concluded cooperation agreements with the Ministry of Agriculture, Forests and Rural Development, the Romanian Chamber of Commerce and Industry, the National SME Agency, the National Labour Protection Research Institute and non-governmental organizations with a view to the development of social dialogue. The Committee requests the Government to provide copies of such agreements and to keep the ILO informed of their impact on the activities of the inspection services in agricultural undertakings.

Article 16. Frequency of inspections in agricultural undertakings. The Committee notes with interest, from the figures of inspections provided, that their annual number is higher than the number of undertakings supervised (in 2007 there were an additional 244 inspections, and in 2008 an additional 250 inspections), which would appear to mean that a single undertaking may be inspected more than once. The Committee supposes that successive inspections of the same undertaking are carried out to verify the measures recommended by the labour inspector during the first inspection. The Committee would be grateful if the Government would provide information on the results reported by inspectors during follow-up inspections in relation to the measures recommended or ordered and if it would indicate the further action taken by inspectors with regard to the employers concerned.

Noting that the labour inspection services cover around one quarter of the agricultural undertakings liable to inspection and observing that the frequency of inspections is determined by the size of the undertakings, the safety level and the incidence of industrial accidents and cases of occupational disease reported each year, the Committee would be grateful if Government would indicate the measures adopted or envisaged to extend this coverage to a greater number of undertakings.

Article 27, paragraphs (f) and (g). Content of the annual report on labour inspection in agriculture. Noting the Government’s indication that there has been no progress in this respect, the Committee once again requests it to ensure that statistics on occupational accidents and cases of occupational diseases in agricultural undertakings are included regularly in the annual inspection report.