Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Safety and Health in Agriculture Convention, 2001 (No. 184) - Fiji (Ratification: 2008)

The Committee notes the information provided by the Government in its report, in reply to its previous comment, concerning the effect given by the Hazardous Occupation Prohibited Children under 18 Years of Age Order 2013 to Article 16 of the Convention on the prohibition of hazardous work to workers under 18 years of age. The Committee invites the Government to continue to provide information on the implementation and effectiveness of the Order of 2013 in deterring the employment of young workers under 18 years of age from working in hazardous work in the agricultural sector.

Legislation and national policy. The Committee notes that, in reply to the Committee’s previous comment in which it requested information on the effect given to most of the Articles of the Convention, including Article 4 on the adoption of a national policy on occupational safety and health in agriculture, the Government indicates that the review of the Employment Relations Promulgation (ERP) 2007 is not yet completed and that as a consequence, the reform of the Fiji Work Care Authority is yet to formally commence. It adds that once adopted, the Work Care Decree will cover the national policy on occupational safety and health in agriculture. The Committee requests the Government to continue to provide information on progress achieved in the reform of the Fiji Work Care Authority, indicating specifically the manner in which effect is given to the following Articles:

• -Article 4(1) on the adoption of a coherent national policy on occupational safety and health in agriculture;
• -Article 4(2)(b) on specific rights and duties of employers and workers;
• -Article 4(2)(c) on inter-sectoral coordination among relevant authorities and bodies for the agricultural sector;
• -Article 4(3) on corrective measures and appropriate penalties;
• -Article 5 on inspection services in agriculture;
• -Article 6 on employers’ obligations in agriculture;
• -Article 7 on risk assessments and adoption of preventive and protective measures including risk assessment and provision of instructions;
• -Article 8 on workers’ rights in agriculture;
• -Article 9 on machine safety and ergonomics;
• -Article 10 on the use of agricultural machinery and equipment only for work for which they are designed;
• -Article 13 on preventive and protective measures in agriculture for the use of chemicals and handling of chemical waste;
• -Article 15 on agricultural installations;
• -Article 17 on temporary and seasonal workers;
• -Article 18 on female workers; and
• -Article 19 on welfare and accommodation facilities.

It also requests the Government to describe the practical measures adopted in the meantime with a view to implementing the abovementioned Articles of the Convention.

Article 12. Sound management of chemicals. The Committee notes that, in reply to its previous request, the Government indicates that the Health and Safety at Work (Control of Hazardous Substances) Regulations, 2006, provides for the setting-up of the Fiji Chemical Inventory (FCI). Once established, the FCI will contain an inventory of all chemical agents, including pesticides, that may be imported into or manufactured in Fiji, based on an assessment report which will include the following information: effects on safety and health and the environment; packaging, storage, handling and use; measures to be taken in case of emergency; and waste disposal. The Government adds that at the moment, employers must make a notification every year to the Chief Health and Safety Inspector if they use industrial chemicals and that the National Occupational Health and Safety Service (NOHSS), which is in charge of the registration process, has the power to prohibit or restrict the import or export of chemicals. With regard to the review of the Pesticide Act 1971, the Government indicates that the bill will serve as the legal basis for the control over distribution, use, storage and disposal of pesticides in the country. The Government also indicates that under the Act, a notice of banned agricultural chemicals was issued on 3 February 1995. The Committee requests the Government to continue to provide information on progress made towards the establishment of the FCI and the review of the Pesticide Act 1971, indicating specifically the manner in which the requirements of Article 12 of the Convention are taken into account.

Application in practice. While taking note of the statistics provided by the Government under the Occupational Safety and Health Convention, 1981 (No. 155), the Committee notes that this information is not specific to the agricultural sector. Therefore, the Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in practice, and to provide specific information on the number of workers covered by the relevant legislation; labour inspection activities carried out in the agricultural sector, including inspection visits conducted, infringements identified and sanctions imposed; and statistics on the number, nature and cause of work-related accidents and cases of occupational disease reported in the agricultural sector.