Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Portugal (Ratification: 1983)

The Committee notes the Government’s report received by the ILO on 14 September 2009.

Articles 6(1)(a) and (b), and 22–24, of the Convention. Inspection activities in relation to prevention, prosecution and penalties for infringements. Further to its previous comments on this point, the Committee requests the Government to refer to its observation made in connection with Article 3(1)(a) and (b) and Articles 17 and 18 of the Labour Inspection Convention, 1947 (No. 81). The Committee further notes the observations made by the General Union of Workers (UGT) received on 14 September 2009 and attached to the Government’s report, which reiterate, as in 2005 and 2007, that the situation in agriculture does not appear to have changed. There is still a large number of small agricultural enterprises, especially family enterprises, and this makes the task of enforcement difficult. Whatever the action taken, it still remains inadequate in a sector as specific as agriculture. In this regard the Committee notes the information contained in the annual report on the work of the Authority for Conditions of Work (ACT) for 2008, which contains some information on this sector. The Government indicates that 98 inspections in relation to safety and health were conducted in agriculture, giving rise to 15 reports of infringements. The annual report also indicates that 7.5 per cent of fatal accidents took place in agriculture.

As regards enforcement and prevention measures taken by the labour inspectorate in agriculture, particularly pursuant to EU occupational safety and health strategies, the Committee notes that the strategy adopted at national level is principally concerned with: (1) the coherence and effectiveness of public policies, resulting from the linkage which exists between the various departments of the administration; and (2) the promotion of safety and health in the workplace. According to the Government, the task of the labour inspectorate is very general and mainly covers two essential areas, namely occupational safety and health and industrial relations. However, another task of the labour inspectorate is to promote and enforce the application of laws which transpose the provisions of EU directives into the national legislation. The Committee notes that in 2007 a plan to promote decent work and a reduction in occupational accidents and diseases was established with a focus on the sectors where the mortality rate is particularly high, including agriculture. The plan established for 2008–10 provides for action by the labour inspectorate in the areas of risk evaluation and prevention and the promotion of occupational safety and health, particularly in small enterprises. This plan also includes inspections in agriculture. These entail prevention and enforcement of the occupational safety and health provisions in this sector and also relate to plant and equipment, movement of persons, exposure of workers to risks arising from chemical and biological agents, information for and training of workers, and responsibility in the event of industrial accidents. While noting this information, the Committee notes that the report on the work of the ACT for 2008 only contains very general information with regard to agriculture, which still focuses on occupational safety and health without taking account of the other areas which should be covered by enforcement and prevention. In view of the specific features of this sector, the Committee again requests the Government to supply more detailed information in this area, and to ensure that information on enforcement and prevention activities appear in a distinct manner in the annual report.

Articles 9(3) and 14. Reinforcement of inspection staff numbers and training in agriculture. As regards the content of the training given in 2005 and 2006, the Committee notes that the objective of this training was to enable labour inspectors to identify the main occupational hazards and preventive measures to be taken and also to use inspection service procedures while taking account of the specific features of the agricultural sector. The Committee notes that in 2008 other training was given with the same objectives in the forestry and stock-rearing sectors. This training was mainly concerned with the risks arising from the use of equipment, forestry operations, the use of pesticides and other chemical products, treatment of animals, handling and storage of waste and of cereals and fodder. The training programme also included preparedness for situations involving serious and imminent danger, the identification of risk prevention measures with reference to the applicable legislation, and the preparation, implementation and expansion of inspections in this regard.

As regards inspection staff, the Committee refers to its observation made in connection with Articles 10 and 16 of Convention No. 81. The Committee requests the Government to keep the Office informed of any new measures or initiatives taken or contemplated for reinforcing the inspection services in agriculture. It also requests the Government to supply information on the impact of the abovementioned training on the working methods of inspectors and their capacity for detecting infringements and preventing accidents.

Article 27. Content of the annual inspection report. The Committee notes that, according to the annual report of the ACT, 615 inspections were conducted in 2008 in 564 undertakings, resulting in 57 cautions and 181 reports of infringements, which differ from the figures quoted above. As regards the regions of the Azores and Madeira, the Committee notes that the report on inspection activities in the Azores does not contain any information on the agricultural sector and that the report on inspection activities in Madeira will be sent in due course. The Committee requests the Government to supply detailed statistics on the inspection activities of the ACT in agriculture on the mainland and also in the regions of the Azores and Madeira. It also requests the Government to indicate the reasons for the difference between the figures supplied by the Government in its report and those contained in the annual report of the ACT for 2008.