Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Safety and Health in Agriculture Convention, 2001 (No. 184) - Argentina (Ratification: 2006)

Article 4(1) of the Convention. Formulation, implementation and periodical review of a coherent national policy on safety and health in agriculture after consulting the representative organizations of employers and workers concerned. The Committee notes with interest the Argentinian Occupational Safety and Health Strategy 2011–15, adopted on 27 April 2011, with the signature of the Government and the representative organizations of employers and workers, which contains references to the present Convention: Decision No. 11/2011 establishing requirements for the housing of temporary, cyclical and seasonal agricultural workers, which gives effect to Article 19(b) of the Convention; and the approval by the National Congress and the promulgation by the executive authorities, on 24 August 2011, of Acts Nos 26693 and 26694 approving the ratification of the Occupational Safety and Health Convention, 1981 (No. 155), its Protocol of 2002 and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), which are key occupational safety and health (OSH) instruments, as determined by the Governing Body in March 2010 in the Plan of Action to achieve widespread ratification of the three abovementioned instruments. The Committee considers that the adoption of the Strategy and the decision to ratify the above instruments constitutes progress in public OSH policies and facilities the application of the other sectoral and thematic OSH Conventions, such as the present Convention. It hopes that it will facilitate the adoption of the national OSH policy for the agricultural sector and the adoption of the respective legislation.

The Committee hopes that the Government will communicate in the near future the registration of the ratification of these instruments. The Committee requests the Government to provide information on the formulation, implementation and periodical review of a coherent national policy on safety and health in agriculture after consulting the representative organizations of employers and workers concerned; on the consultations held during the period covered by the report; on the basic principles of the national policy; and on the manner in which the periodical review envisaged by this Article of the Convention is carried out.

Article 4(2)(b). Specification of the rights and duties of employers and workers with respect to occupational safety and health in agriculture. The Committee notes that a new draft National Agrarian Work Regime, which will replace the legislation that is in force, is currently before the Chamber of Deputies. The Committee notes that this draft text incorporates certain Articles of the Convention, but does not give effect to others. The Committee requests the Government to ensure that the above legislation, or any other relevant legislation, gives effect to the provisions of the Convention, to take into account for this purpose the comments made by the Committee and to provide information on this subject, with an indication, if the draft text is approved, of the changes made by the new legislation as it relates to the provisions of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2013.]