Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

With reference to its observation, the Committee requests the Government to provide information on the following additional points.

Article 4(2)(c) of the Convention. Mechanisms of inter-sectoral coordination among relevant authorities and bodies for the agricultural sector. The Committee notes that the Government refers in its report to the Standing Advisory Committee of the Occupational Risks Act (CCP-LRT), which is composed of representatives of the Government, employers’ and workers’ organizations and the Federal Labour Council, which is composed of the Ministry of Labour (MTE and SS) and labour administrations from each of the provinces. It also refers specifically to the Occupational Risk Supervisory Authority (SRT) and in the framework of its competencies, to the National Register of Agricultural Workers and Employers (RENATEA) and the National Agricultural Labour Committee (CNTA). The Government also indicates that the Integrated Labour and Social Security Inspection System (SIDITYSS) completes the coordination mechanisms. The Committee also notes the indication in the report that the competent bodies for developing mechanisms of inter-sectoral coordination are the Ministry of Industry, the Ministry of Agriculture, Stock-raising and Fishing and the SRT. The Committee requests the Government to continue providing information on this matter, and in particular requests it to describe the mechanisms of coordination between the Ministry of Industry, the Ministry of Agriculture, Stock-raising and Fishing and the SRT in relation to the application of the Convention. The Committee also asks it to indicate if the National Commission for Rural Work (CNTR) continues to operate and, if so, what its functions are. It also reiterates its request for information on the mechanisms of coordination with the authorities responsible for machinery safety (Article 9 of the Convention) and for chemicals, in so far as they relate to the application of the Convention.

Article 6(2). Two or more employers in agricultural workplace. Duty to cooperate in applying safety and health requirements. The Committee notes the information provided by the Government indicating that there is joint responsibility in cases of contracting, subcontracting, assignment and particularly in the case of subordinated or related and cooperative enterprises. The Committee indicated in its previous comments that this Article goes beyond joint responsibility. The Committee observes that this Article establishes, among other requirements, that, where appropriate, the competent authority shall prescribe general procedures for this collaboration. The Committee requests the Government to take the necessary measures for the adoption of regulations or other provisions establishing the requirement for collaboration specifically in applying the safety and health requirements, as envisaged by this Article of the Convention, and to provide information on this subject.

Article 7(a). Appropriate assessments and the adoption of preventive and protective measures on the basis of their results. The Committee notes that the information provided by the Government does not reply in full to the issues raised by the Committee. In its previous comments, the Committee noted the Government’s indications that Annex 1 to Decree No. 617/97 issuing health and safety regulations for agrarian work gives effect to this Article of the Convention. Taking into account the above Annex, Decree No. 1278/2000 and Decision SRT No. 552/01, it requested information on the manner in which it is ensured that appropriate assessments are carried out regarding the matters covered by this paragraph for: (a) employers insured under Employment Risk Insurers (ART); (b) self-insured employers; and (c) uninsured employers. The Committee reiterates its request to the Government to provide this information.

Article 8. Rights and duties of workers. Selection of representatives, participation in the application of OSH measures and removing themselves from danger when they have reasonable justification to believe there is an imminent and serious risk. The Committee notes that procedures allowing for the exercise of certain rights set out in this Article have still not been completely transposed or set out in national law. The Committee requests the Government to adopt the necessary measures to give effect to the paragraphs of this Article of the Convention, with the exception of the right set out in paragraph 1(c), which it noted in its observation, and to provide information on this subject.

Article 11(1) and (2). Risk assessment, consultation and establishment of safety and health requirements for the handling and transport of materials. The Committee notes the Government’s reply indicating that Decision MTE and SS No. 295/03 applies to agricultural work, alongside the Decisions of the CNTR and the CNTA. The Committee requests the Government to continue providing information on this subject, including on the Decisions of the CNTR and the CNTA, referred to by the Government, indicating the sections which give effect to this Article of the Convention.

Article 16(1) and (2). Young workers and hazardous work. The Committee notes that section 62 of Act No. 26727 prohibits young persons under 18 years of age from work which is arduous, hazardous or unhealthy, and it understands that this section replaces section 112 of Act No. 22248, which was repealed by Act No. 26727. The Committee notes however that this information does not reply to the questions that it raised in its previous comments. The Committee once again requests the Government to indicate which forms of work are considered to be arduous, hazardous and unhealthy, and to provide information on the preventive measures taken to ensure that young persons under 18 years of age do not perform such work, and on the supervision and enforcement of these measures.

Article 16(3). Appropriate training. The Committee once again requests the Government to provide information on the training of young persons as from 16 years of age for work which, although not included in the category referred to in section 62 of Act No. 26727, could nevertheless be harmful to their safety and health, and on any specific preventive measures for young people aged 16 and over, on the understanding that this is the minimum age for admission to employment.

Article 18. Pregnancy, breastfeeding and the reproductive health of women agricultural workers. The Committee notes that, according to the Government, this Article is applied by Title III, Chapter V, of Act No. 22248 and CNTA Resolution No. 0301/13 establishing special maternity leave for temporary women workers. The Committee observes that this provision requires a more comprehensive approach to reproductive health and the measures to be taken. Consequently, the Committee once again requests the Government to provide detailed information on the preventive and protective measures pertaining to the reproductive health of women agricultural workers, in particular from the beginning of pregnancy, taking into account, inter alia, the risks inherent in certain pesticides.

Part V of the report form. Application in practice. Article 5(1) and (2). Adequate and appropriate system of inspection for agricultural workplaces. The Committee notes that the report reiterates that, in the context of the SIDITYSS, inspection functions at the local and regional levels are carried out in accordance with the Labour Inspection (Agriculture) Convention, 1969 (No. 129). The Committee once again requests the Government to provide practical information on the results achieved by the labour inspection services, and particularly the trends observed regarding the main problems encountered in applying OSH legislation in the agricultural sector.

The Committee notes that in certain cases the Government’s report does not provide the information requested. In its previous comments, the Committee noted general references to the legislation and requested the Government to indicate the relevant sections. The Committee notes that once again the Government refers to legislation and does not include references to the relevant sections which, according to the Government, give effect to the respective provisions of the Convention. In other cases, the Government’s report includes general information that does not specifically reply to the requests made by the Committee. As a result, the Committee is bound to reiterate some of its previous comments, which read as follows:

Article 10(a). Use of agricultural machinery and equipment only for the work for which they are designed. The Committee notes the Government’s indication that reference needs to be made to the draft text implementing Convention No. 184 referred to above. The Committee requests the Government to indicate the respective provisions of the draft text which give effect to this Article and, while awaiting its adoption, to provide information on the manner in which law and practice give effect to the prohibition to use all agricultural machinery and equipment for purposes other than those initially envisaged.

Article 12(a) and (b). Appropriate system for the importation, classification, packaging and labelling of chemicals, and adequate information. In its previous comments, the Committee noted that, according to the Government, the competent authorities for the matters covered by this Article are SENASA, the Secretariat for Industry, Trade and Small and Medium-Sized Enterprises, and the Secretariat for Environment and Sustainable Development of the Nation, and that, consequently, the SRT is unable to provide information on these matters. The Committee also noted that, according to the Government, these issues fall outside the SRT’s remit. The Committee pointed out that this Convention implies coordination of a series of bodies, some of which, although not directly responsible for OSH, are nonetheless involved in one way or another in the process of applying the Convention. The Committee notes that the Government indicates in its latest report that the competent authority is the National Health and Food Quality Service. The Committee once again requests the Government to provide detailed information on the effect given to these paragraphs of the Convention. Recalling also that it is central to this Article that the information should be disseminated in such a way as to be properly understood, bearing in mind the risk inherent in chemicals, including pesticides, the Committee requests detailed information on the manner in which the authorities ensure that the information has been properly understood, including where workers are unable to read.

Article 13. Preventive and protective measures for the use of chemicals and handling of chemical waste. The Committee once again requests the Government to provide information on the preventive measures taken in respect of the activities listed in this Article, including in relation to the reproductive health of men and women, and on the manner in which the SRT ensures compliance with such measures. The Committee also requests the Government to provide statistical information on occupational diseases or accidents related to chemicals that have occurred among the persons protected by the Convention.

Article 14. Protection against biological risks. The Committee notes that, according to the Government, this Article is applied by means of Title X of Decree No. 617/1997. The Committee notes that these regulations cover the handling of animals, but it requires further information on biological risks. The Committee notes that, according to the SRT’s report, noted in its previous direct request, this is one of the sectors with a high accident rate. The Committee therefore once again requests the Government to provide information on how the legislation ensures that risks such as those of infection, allergy or poisoning are prevented or kept to a minimum in the context of protection against biological risks.