Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA), received by the ILO on 2 September 2015.

Article 5 of the Convention. Adequate and appropriate system of inspection. The Committee notes the CGT RA’s observations indicating a discrepancy between the legislation and specific inspection activity. The CGT RA also indicates the extension and prolongation of administrative summary proceedings and the failure to detect possible hazards in time. The Government indicates that the discrepancy noted by the CGT RA will be discussed by the Occupational Risk Supervisory Authority (SRT) in the plenary of the Federal Labour Council (CFT), which is composed of the Ministry of Labour and Social Security, the labour administrations of all provinces and of the Autonomous City of Buenos Aires. In this respect, the Government indicates that the agenda of the forthcoming meeting of the CFT will cover: the need for effective monitoring action; the details of the administrative summary proceedings; and the operations of joint inspections. The Committee requests the Government to provide information on the content of the discussions of the CFT on the effectiveness and improvement of the inspection system and the administrative summary proceedings, and to indicate the measures adopted in this regard. The Committee also requests the Government to provide information on the action taken to improve the system of notification of occupational accidents and diseases.

Article 8(1)(a) and (b), (2), (3) and (4). Rights and obligations of workers. Right to select representatives and to participate in the application of occupational safety and health measures. In its previous comments, the Committee requested the Government to adopt the necessary measures to give effect to the above provisions of the Convention. With respect to the right of workers to be informed and consulted, the Committee notes that section 1(d), Title I, of Decree No. 617/97 recognizes the obligation of the employer to inform and train workers in hazards related to the duties performed in their establishments, giving effect to paragraph 1(a). With regard to the obligation of workers and their representatives to fulfil the safety and health measures and cooperate with employers, the Committee notes that section 2 of Decree No. 617/97, and section 10 of Act No. 19587, of 21 April 1972, give effect to the obligations of paragraph 2 of this Article. It also notes that Act No. 24557 on occupational risks, of 13 September 1995, establishes, in section 40, that the Standing Advisory Committee of the Occupational Risks Act (CCP–LRT), as a tripartite body, shall be consulted for the adoption of actions for the prevention of occupational risks, giving effect to paragraph 4 of this Article. The Committee requests the Government to provide information on the legal provisions which give effect to Article 8(1)(b) relating to the right of workers in agriculture to participate in the application and review of safety and health measures, and to select representatives in this area and representatives in safety and health committees.

Article 10(a). Use of agricultural machinery and equipment only for the work for which they are designed. The Committee notes that, according to the Government, the national legislation gives effect to this Article of the Convention through Title III of Decree No. 617/97. However, the Committee notes that this Decree does not appear to set out a legal provision giving effect to Article 10(a). The Committee once again requests the Government to indicate the provisions which give effect to the obligation to use agricultural machinery and equipment only for the work for which they are designed.

Article 12. Appropriate system for the importation, classification, packaging and labelling of chemicals, and adequate information. Suitable system for the collection, recycling and disposal of chemical waste. In its previous comments, the Committee requested the Government to provide detailed information on the effect given to these paragraphs of the Convention and on the manner in which the authorities ensure that the information has been properly understood by the workers. The Committee notes the Government’s indication that this Article is applied through Decree No. 617/97, Resolution No. 925/2003 and Resolution No. 801/2015 of the SRT of 10 April 2015 for the enforcement of the Globally Harmonized System of Classification and Labelling of Chemicals (SGA/GHS). The Committee nevertheless notes that no indication is provided on how information is disseminated among workers. The Committee requests the Government to provide information on the manner in which the authorities ensure that adequate and appropriate information is provided to the users. The Committee also requests the Government to indicate the measures adopted to ensure that there is a system for the safe collection, recycling and disposal of chemical waste.

Article 13. Suitable system for the collection, recycling and disposal of chemical waste. In its previous comments, the Committee requested the Government to provide information on the preventive measures taken relating to the use of chemicals and handling of chemical waste. The Committee notes the Government’s reiteration that this Article is applied through Title IV of Decree No. 617/97 and Resolution No. 295/2003. The Committee notes, however, that the legislation provided by the Government contains no specific information on the preventive measures taken in respect of the activities listed in this Article, nor on the manner in which the SRT ensures compliance with such measures. The Committee once again requests the Government to provide specific information on the preventive measures taken in respect of the activities listed in this Article of the Convention, and on the manner in which the SRT ensures compliance with such measures.

Article 16. Young workers and hazardous work. Appropriate training. In its previous comments, the Committee requested the Government to indicate which forms of work are deemed to be arduous, dangerous and unhealthy; to provide information on the preventive measures taken to ensure that minors under 18 years of age do not engage in such work; and on the training of young persons as from 16 years of age for work which, although not included in these categories, could nevertheless be harmful to their safety and health. The Committee notes the Government’s indications on the development of a draft Decree on work deemed arduous, dangerous and unhealthy for young workers. The Committee requests the Government to provide a copy of the Decree on work deemed arduous, dangerous and unhealthy for young workers once it is adopted, and to indicate the manner in which it gives effect to this Article. 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 (prohibition of work which is arduous, hazardous or unhealthy), could nevertheless be harmful to their safety and health.

Article 18. Pregnancy, breastfeeding and the reproductive health of women agricultural workers. In its previous comments, the Committee indicated that Title III, Chapter V, of Act No. 22248, of 10 July 1980, did not have a sufficiently comprehensive approach to reproductive health and the measures to be taken, and requested the Government to provide detailed information on the preventive and protective measures pertaining to the reproductive health of women agricultural workers, including from the onset of pregnancy. The Committee notes that according to the Government, the draft legislation for agrarian work provides that the employer must provide a breastfeeding-friendly space to ensure women agrarian workers have a private and sanitary place to breastfeed, but does not provide information relating to the preventive and protective measures requested, including from the onset of pregnancy. The Committee requests the Government to send information on this draft legislation and its adoption, and once again requests it to provide information on the preventive and protective measures pertaining to the reproductive health of women agricultural workers, including from the onset of pregnancy, taking into account, inter alia, the risks inherent in certain pesticides.

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