Safety and Health in Agriculture Convention, 2001 (No. 184) - Serbia (Ratification: 2019)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the Government’s first report.

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 the Government’s indication in its report concerning the Strategy for Safety and Health at Work for the period from 2018 to 2022, as well as an Action Plan for its implementation, following tripartite consultations. The Committee notes that the Strategy is directed towards all economic entities, and especially towards high-risk activities, including agriculture. The Committee also notes the establishment of the Council for Safety and Health at Work, a tripartite body in charge of initiating the process for the adoption of regulations and national programs in the field of safety and health at work. The Committee requests the Government to provide information on the implementation of the Strategy for Safety and Health at Work for 2018–22 and its Action Plan in the agricultural sector and the results thereof. The Committee requests the Government to continue to provide information on the measures taken to periodically review a coherent national policy on safety and health in agriculture, including by the Council for Safety and Health at Work.

Article 4(2)(c). Mechanisms of inter-sectoral coordination among relevant authorities and bodies for the agricultural sector. The Committee notes the Government’s indication in its report that the Council for Safety and Health at Work includes representatives from both the Ministry of Labour, Employment, Veterans and Social Affairs and other ministries including from the Ministry of Agriculture. The Committee requests the Government to provide further information on the manner in which inter-sectoral coordination is ensured among relevant authorities and bodies for the agricultural sector.

Article 6(2). Two or more employers or self-employed persons undertaking activities simultaneously at one workplace. The Committee notes that section 19 of the Law on Safety and Health at Work (OSH Law) prescribes the obligation of two or more employers simultaneously undertaking activities at one workplace to cooperate in applying the prescribed OSH measures and that the manner of their cooperation shall be specified by a written agreement. The Committee requests the Government to provide information about the measures taken to give effect to Article 6(2) as regards the duty of self-employed persons to cooperate in applying safety and health requirements, where one or more self-employed persons and one or more employers undertake activities in the same agricultural workplace.

Article 9(1) and (2). Machinery safety and ergonomics. The Committee notes that national legislation sets out a number of requirements regarding the installation, use, maintenance and safeguard of machinery and equipment, including personal protective equipment. In particular, according to section 24 of the OSH Law, the employer can provide the employees with work equipment and means and equipment for personal protection at work, only if they comply with the prescribed technical requirements. The Committee also notes that the Rulebook on occupational safety in agriculture prescribes special measures and norms of protection for machines, means and devices used in the performance of agricultural works. Furthermore, it takes note that the Rulebook on the procedure of inspection and verification of work equipment and testing of working environment, the Rulebook on Preventative Measures for Safety and Health at Work when using Personal Protection Means and Equipment and the Rulebook on preventive measures for safe work while using work equipment provide relevant requirements. The Government further indicates that safety and ergonomics of machinery are also ensured through the application of the Rulebook on safety of machines. The Committee recalls that under its comments on the application of the Guarding of Machinery Convention, 1963 (No. 119), it noted that the Rulebook on Machinery Safety does not apply to agricultural and forestry tractors (section 3(5)(1)), motor vehicles and their trailers (section 3(5)(2)) and means of transport on rail networks (section 3(5)(5)), with the exception of machinery mounted on these vehicles. The Committee requests the Government to provide information on the measures taken to ensure that manufacturers, importers and suppliers comply with the standards set out in Article 9(1) and provide adequate and appropriate information in Serbian.

Article 10(a). Use of agricultural machinery and equipment only for work for which they are designed. The Committee requests the Government to provide information on legislative or other provision containing the prohibition to use the agricultural machinery and equipment for human transportation, unless specifically designed to do so.

Article 12(b). Sound management of chemicals. Appropriate system for the importation, classification, packaging and labelling of chemicals, and adequate information. The Committee notes that the Rulebook on types of packaging for pesticides and fertilizers and on the destruction of pesticides and fertilizers sets relevant obligations for manufactures of pesticides and fertilizers and the Rulebook on trade, import and sampling of pesticides sets the obligation of the producer to perform quality control of pesticides. The Committee requests the Government to provide more information on how the national legislation gives effect to Article 12(b) of the Convention.

Article 12(c). Suitable system for the safe collection, recycling and disposal of chemical waste. The Committee notes that the Government does not indicate how national legislation ensures that there is a suitable system for the safe collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals used in agriculture so as to avoid their use for other purposes and to eliminate or minimize the risks to safety and health and to the environment. The Committee requests the Government to take all necessary steps to give effect to Article 12(c) of the Convention and to provide information in this regard.

Article 16. Young workers and hazardous work. The Committee notes the Regulation on determining hazardous work for children No. 53/2017 which sets out the hazardous types of work prohibited to children under 18 years of age. It notes that certain agricultural activities are classified as hazardous, including service activities in growing crops and plantations, ancillary activities in animal husbandry, forestry service activities, and animal breeding. The Committee requests the Government to refer to the comments of the Committee on the application of Article (4)(1) (on the determination of hazardous types of work) of the Worst Forms of Child Labour Convention, 1999 (No. 182), on the application in practice of Regulation No. 53/2017.

Article 17. Temporary and seasonal workers. The Committee notes that, according to the Law on Simplified Employment in Seasonal Jobs in Certain Activities, the employer is obliged to apply generally recognized measures that ensure the safety and health of seasonal workers but is not obliged to undertake a risk assessment. It notes that according to section 12 of the OSH Law, a risk assessment refers to the written description of the work process with an assessment of the risk of injuries and/or damage to health in the workplace and measures to eliminate or reduce risk in order to improve safety and health at work. The Committee requests the Government to provide further information on measures taken to ensure that temporary and seasonal workers receive the same safety and health protection as that accorded to comparable permanent workers in agriculture, including information on risk assessments for temporary and seasonal workers

Article 18.OSH measures for women workers in agricultural undertakings. The Government indicates that the OSH Law, the Labour Law and the Rulebook on measures for safe and health work of women employed during pregnancy include provisions that ensure that the special needs of women workers are taken into account in relation to pregnancy and breastfeeding. The Committee recalls that, according to this Article of the Convention, measures shall be taken to ensure that the special needs of women agricultural workers are taken into account also in relation to their reproductive health. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that the special needs of women agricultural workers are taken into account, specifically in relation to reproductive health.

Article 19. Welfare and accommodation facilities. The Committee notes that the Labour Law provides for the reimbursement of expenses related to welfare facilities. Furthermore, the Rulebook on Preventative Measures for Safe and Healthy Work at the Workplace stipulates that the employees must be provided with adequate facilities for personal hygiene as well as for storing and keeping of personal clothes and belongings. The Committee notes an absence of information with regards to the prescription of minimum accommodation standards for workers who are required by the nature of the work to live temporarily or permanently in the undertaking. The Committee requests the Government to indicate the legislation or regulations adopted which prescribe the minimum accommodation standards for workers who are required by the nature of the work to live temporarily or permanently in the undertaking.