89th Session |
Report IV (1) |
Safety and health in agriculture |
Fourth item on the agenda |
International Labour Office Geneva |
ISBN 92-2-111954-8
|
CONTENTS
Proposed Convention concerning safety and health in agriculture
Proposed Recommendation concerning safety and health in agriculture
Safety and health in agriculture
Fourth item on the agenda
On 15 June 2000 the International Labour Conference, meeting in Geneva at its 88th Session, adopted the following resolution:
The General Conference of the International Labour Organization,
Having adopted the report of the Committee appointed to consider the sixth item on the agenda,
Having in particular approved as general conclusions, with a view to the consultation of governments, proposals for a Convention and a Recommendation concerning safety and health in agriculture,
Decides that an item entitled "Safety and health in agriculture" shall be included in the agenda of its next ordinary session for a second discussion with a view to the adoption of a Convention and a Recommendation.
By virtue of this resolution and in accordance with article 39, paragraph 6, of the Standing Orders of the Conference, the Office is required to prepare, on the basis of the first discussion by the Conference, the texts of a proposed Convention and Recommendation and to communicate them to governments so as to reach them no later than two months from the closing of the 88th Session of the Conference, asking them to state within three months, after consulting the most representative organizations of employers and workers, whether they have any amendments to suggest or comments to make.
The purpose of this report is to transmit to governments the texts of the proposed Convention and Recommendation based on the Conclusions adopted by the Conference at its 88th Session.
In accordance with the Standing Orders of the Conference, any amendments or comments with regard to the proposed texts should be submitted as soon as possible and in any case so as to reach the Office in Geneva not later than 30 November 2000. Governments which have no amendments or comments to put forward are asked to inform the Office by the same date whether they consider that the proposed texts are a satisfactory basis for discussion by the Conference at its 89th Session.
In accordance with article 39, paragraph 6, of the Standing Orders, governments are requested to consult the most representative organizations of employers and workers before they finalize their replies and to indicate which organizations they have consulted. This is also required by Article 5(1)(a) of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), for countries which have ratified this Convention. The results of the consultation should be reflected in the governments' replies.
The texts of a proposed Convention and Recommendation concerning safety and health in agriculture are given below. These texts are based on the Conclusions adopted by the International Labour Conference following the first discussion at its 88th Session (hereinafter referred to as "the Conclusions").
The report of the Committee on Safety and Health in Agriculture, appointed by the Conference to consider this item (hereinafter referred to as "the Committee"), together with the record of the discussion in plenary session, are contained in the Provisional Record of the Conference (Provisional Record Nos. 24 and 27).1
A number of minor drafting changes have been incorporated in the proposed instruments in the interest of greater clarity, to bring the two official language versions of the texts into line with one another or to harmonize certain provisions.
In addition, in response to requests from the Committee to review the drafting of several points, the Office invites comments on various formulations designed to clarify the text. The Office also invites comments on a number of issues that the Committee had indicated would be specific subjects for the second discussion in June 2001. In particular, in their commentaries member States may wish to indicate if certain paragraphs should still be transferred from the Convention to the Recommendation and vice versa.
General commentaries
With a view to widespread ratification, a number of governments called for the adoption of flexible instruments, or even a framework Convention, referring to the Director-General's Report to the 87th Session of the Conference (June 1999). No practical proposals were, however, submitted in this regard. The proposed Convention presented in this report contains both general provisions applicable to the entire agricultural sector and provisions specific to either a particular risk or a particular category of persons in keeping with the Conclusions reached by the Committee and adopted by the Conference. The Office invites Members to submit detailed comments on this point.
Proposed Convention
Preamble
(Point 3 of the Conclusions)
The Office has established a standard preambular text which incorporates all the references in Point 3 of the Conclusions.
Article 4
(Point 7 of the Conclusions)
Paragraph 1
In connection with an amendment to the Office text to remove the expression "so far as is reasonably practicable" the Committee examined this and other related terms. This expression was used in the Proposed Conclusions with reference to the eliminating, minimizing and controlling of risks in the sphere of agricultural work. The amendment was adopted with a reservation by the Employers' group, which requested the Office for clarifications concerning the meaning of this expression and the related expression "so far as is practicable".
The expression "so far as is reasonably practicable" introduces into the clause it modifies an element of flexibility which is all the more significant in that it is based on a notion that is difficult to quantify, the reasonable. This flexibility takes two forms. On the one hand, it allows a degree of proportionality to be established between the measures to be taken and the means available to do so, while on the other hand, it accentuates the type of obligation to which it refers, which is essentially an obligation of means. The scope of this obligation of means depends on what is considered to be reasonable in a given context and can therefore vary according to circumstances. It would be for each State which ratifies the Convention to establish, to apply and to evaluate, after fulfilling its obligation to consult the representative organizations of employers and workers and taking due account of the views of the representative organizations of self-employed farmers concerned as appropriate, the measures to take and the means to implement (eliminating, minimizing or controlling the risk) in order to achieve the objective of the Convention (preventing accidents and injury to health) on the basis of what it considers in good faith to be "reasonably practicable".
The expression "so far as is practicable" has quite a different meaning to the expression considered above. By providing no indications as to criteria concerning technical and financial considerations, timeliness or other aspects (for example what might be considered as reasonable) which would serve to determine whether an action is practicable or not, it considerably broadens the element of flexibility.
Paragraph 2
A working definition of self-employed farmer can be found in Report VI(2): Safety and health in agriculture submitted to the Conference. The definition provided by the Office was consistent with the International Classification of Status in Employment (ILO/ICSE-93) and the Tenants and Share-croppers Recommendation, 1968 (No. 132). Some concern was expressed about this definition which was not reflected in the text of the instruments which imply that the term "self-employed farmer" should be defined by the competent authority or by national law and practice. Members may wish to comment on the issue of including a definition of self-employed farmer in the text of the proposed Convention for greater clarity.
In Article 4(2)(d), reference is made to the possible provision under national laws and regulations to suspend or restrict certain specific activities which pose a clear danger to workers, based on an assessment made on the grounds of safety and health. This situation could only occur in extreme circumstances, if risk management procedures were applied correctly. This provision should be viewed in connection with the risk assessment and risk management procedures described in Paragraph 6 of the Recommendation (Point 30 of the Conclusions). See also the Office commentary on this Paragraph.
Article 9
(Point 12 of the Conclusions)
Safety and health standards prescribed for machinery, equipment and personal protective equipment are normally based on ergonomic principles. The requirement to comply with these standards is placed on the manufacturers, importers and suppliers and not on the employers themselves, who are the users.
Article 10
(Point 13 of the Conclusions)
The text of Article 10(a) is the result of an amendment to the Office text made by the Committee. The Office invites comments on the text as it now stands.
Article 12
(Point 15 of the Conclusions)
As a result of the amendment to the Office text, the words "where appropriate" were inserted in Article 12(c). As it stands, they cover "a suitable system of collection and safe disposal". If they were intended to cover instead "recuperation and recycling", the words "where appropriate" should be placed after the word "including" in order to read: "a suitable system of collection and safe disposal including, where appropriate, recuperation and recycling of empty containers of chemicals is in place to avoid their use … environment". The Office invites comments on various formulations in order to clarify the text.
Article 14
(Point 17 of the Conclusions)
Construction work on farms is common and a frequent and serious source of accidents. These provisions are designed to ensure that the construction, maintenance or repairing of buildings, installations, rails, fences, etc. conform to national laws and regulations. See also Paragraph 10 of the proposed Recommendation (Point 34 of the Conclusions).
Article 20
(Point 23 of the Conclusions)
Agricultural workers are frequently excluded from, or discriminated against in, national systems of compensation for occupational injuries, diseases and disabilities and insurance schemes. The purpose of the Article is to provide protection at least for occupational injury, sickness and disabilities, equivalent to that accorded to other workers.
Proposed Recommendation
Preamble
A standard preambular text has been provided.
Paragraph 6
(Point 30 of the Conclusions)
The basic principles of risk control are listed in Paragraph 6 of the proposed Recommendation: (i) elimination of the risk — by choosing a safer alternative which provides a high degree of control and is a reliable measure (e.g. substitution of a hazardous chemical by an inherently less hazardous one); (ii) control of the risk at the source — by engineering control (e.g. guarding of machinery); (iii) and (iv) minimization of the risk by design of suitable systems, collective protective measures and individual protective measures when no other means are possible. The hierarchy reflects the fact that the elimination and control of risks using physical engineering controls and safeguards is more reliable than depending solely on personal discipline.
Paragraph 14
(Point 38 of the Conclusions)
An amendment to insert the words "at no cost to the worker" in Paragraph 14(b) was adopted by the Committee. In legal terms it raises the presumption that only protective clothing is free and the other welfare facilities referred to in the Paragraph may be at cost to the worker. The Office invites comments on this issue.
Proposed Convention concerning safety and health in agriculture
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its 89th Session on June 2001, and
Noting the principles embodied in the relevant international labour Conventions and Recommendations, in particular the Occupational Safety and Health Convention and Recommendation, 1981, and the Occupational Health Services Convention and Recommendation, 1985; the Plantations Convention and Recommendation, 1958; the Employment Injury Benefits Convention and Recommendation, 1964; the Labour Inspection (Agriculture) Convention and Recommendation, 1969; and the Chemicals Convention and Recommendation, 1990, and
Stressing the need for a coherent approach to the sector and taking into consideration the wider framework of the principles embodied in other ILO instruments applicable to agriculture, in particular the Freedom of Association and Protection of the Right to Organise Convention, 1948; the Right to Organise and Collective Bargaining Convention, 1949; the Minimum Age Convention, 1973; and the Worst Forms of Child Labour Convention, 1999; and
Noting the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, as well as the relevant codes of practice, in particular the Code of Practice on Recording and Notification of Occupational Accidents and Diseases, 1996, and the Code of Practice on Safety and Health in Forestry Work, 1998, and
Having decided upon the adoption of certain proposals with regard to safety and health in agriculture, which is the item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention;
adopts this day of June of the year two thousand and one the following Convention, which may be cited as the Safety and Health in Agriculture Convention, 2001:
I. Definitions and scope
Article 1
For the purpose of this Convention the term "agriculture" covers:
(a) all activities (whether indoor or outdoor) directly related to cultivating, growing, harvesting and primary processing of agricultural products, to animal and livestock breeding including aquaculture and to agroforestry;
(b) all agricultural undertakings, irrespective of size; and
(c) all machinery, equipment, appliances, tools, agricultural installations and any process, storage, operation or transportation, in an agricultural workplace, which are directly related to agricultural production.
Article 2
For the purpose of this Convention the term "agriculture" does not cover: (a) subsistence farming; (b) industrial processes that use agricultural products as raw material and the related services; and (c) any work performed in a forest related to industrial exploitation of forests.
Article 3
1. The competent authority of a Member which ratifies the Convention, after consulting the representative organizations of employers and workers concerned, taking into consideration the views of the representative organizations of self- employed farmers concerned, as appropriate:
(a) may exclude certain agricultural undertakings or limited categories of workers from the application of this Convention, or certain provisions thereof, when special problems of a substantial nature arise; and
(b) shall, in the case of such exclusions, make plans to cover progressively all undertakings and all categories of workers.
2. Each Member shall list, in the first report on the application of the Convention submitted under article 22 of the Constitution of the International Labour Organization, any undertaking or category of workers which has been excluded, giving the reasons for such exclusion. In subsequent reports, it shall describe the measures taken with a view to extending progressively the provisions of the Convention to the workers concerned.
II. General provisions
Article 4
1. In the light of national conditions and practice and after consulting the representative organizations of employers and workers concerned, taking into consideration the views of the representative organizations of self-employed farmers concerned, as appropriate, Members shall formulate, carry out and periodically review a coherent national policy on safety and health in agriculture. This policy shall have the aim of preventing accidents and injury to health arising out of, linked with, or occurring in the course of work, by eliminating, minimizing or controlling hazards in the agricultural working environment.
2. To this end, national laws and regulations shall:
(a) designate the competent authority responsible for the implementation of the policy and for the enforcement of national laws and regulations on occupational safety and health in agriculture;
(b) establish mechanisms of inter-sectoral coordination among relevant authorities and bodies in the agricultural sector and define their functions and responsibilities taking into account their complementarity and national conditions and practice;
(c) specify the rights and duties of employers and workers and self-employed farmers with respect to safety and health in agriculture; and
(d) provide for corrective measures and appropriate penalties including, where appropriate, the suspension or restriction of agricultural activities on the grounds of safety and health, until the conditions giving rise to the suspension or restriction have been corrected.
Article 5
1. Members shall ensure that an adequate and appropriate system of inspection for agricultural workplaces is in place and is provided with adequate means.
2. If necessary, the competent authority may either entrust certain inspection functions at the regional or local level, on an auxiliary basis, to appropriate government services or public institutions or associate these services or institutions with the exercise of such functions.
III. Preventive and protective measures
General
Article 6
1. National laws and regulations shall provide that the employer has a duty to ensure the safety and health of workers in every aspect related to the work.
2. National laws and regulations shall provide that, whenever two or more employers or self-employed persons engage in activities in the same agricultural workplace, they shall cooperate in applying the safety and health requirements. In appropriate circumstances the competent authority shall prescribe general procedures for this collaboration.
Article 7
In order to comply with the national policy referred to in Article 4, national laws and regulations or the competent authority shall provide, taking into account the size of the enterprise, that the employer shall:
(a) carry out appropriate risk assessments in relation to the safety and health of workers and, on the basis of these results, adopt preventive and protective measures to ensure that all agricultural activities, workplaces, machinery, equipment, tools and processes under the control of the employer are safe and comply with prescribed safety and health standards, under all conditions of their intended use; and
(b) ensure that adequate and appropriate training and comprehensible instructions on safety and health and any necessary guidance or supervision are provided to workers in agriculture, taking into account their level of education and differences in language.
Article 8
1. Workers in agriculture shall have the right:
(a) to be informed and consulted on safety and health matters including risks from new technologies, to select safety and health representatives or their representatives in safety and health committees and, through those representatives, to participate in workplace inspections; and
(b) to remove themselves from danger resulting from their work activity when they have reasonable justification to believe there is an imminent and serious risk to their safety and health; they shall inform their supervisor immediately. They shall not be disadvantaged as a result of these actions.
2. Workers in agriculture and their representatives shall have the duty to cooperate and comply with the prescribed safety and health measures to permit employers to comply with their own duties and responsibilities.
3. The procedures for the exercise of the rights and duties referred to in para-graphs 1 and 2 shall be established by national laws and regulations, the competent authority, collective agreements or other appropriate means.
Machinery safety and ergonomics
Article 9
1. National laws and regulations shall prescribe that machinery, equipment, including personal protective equipment, appliances and hand tools used in agriculture comply with national or other recognized safety and health standards and be appropriately installed, maintained and safeguarded.
2. The competent authority shall take measures to ensure that manufacturers, importers and suppliers comply with the standards referred to in paragraph 1 and provide adequate and appropriate information including hazard warning signs, in the official language of the importing country, to the users, and, on request, to the competent authority.
Article 10
National laws and regulations shall prescribe that agricultural machinery and equipment:
(a) must be used only for work for which they are designed, and in particular, must not be used for human transportation, unless designed or adapted so as to carry persons; and
(b) must be operated by trained and competent persons, in accordance with national law and practice.
Handling and transport of materials
Article 11
1. The competent authority, after consulting the representative organizations of employers and workers concerned, taking into consideration the views of the representative organizations of self-employed farmers concerned, as appropriate, shall establish safety and health requirements for the handling and transport of materials, particularly on manual handling. Such requirements shall be based on risk assessment, technical standards and medical opinion, taking account of all the relevant conditions under which the work is performed, in accordance with national law and practice.
2. Workers shall not be required or permitted to engage in the manual handling or transport of a load which by reason of its weight or nature is likely to jeopardize their safety or health.
Sound management of chemicals
Article 12
The competent authority shall take measures, in accordance with national law and practice, to ensure that:
(a) there is an appropriate national system establishing specific criteria for the importation, classification, labelling and banning or restriction of chemicals used in agriculture;
(b) those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculture, comply with national or other recognized safety and health standards, and provide adequate and appropriate information to the users in the appropriate official languages of the country and, on request, to the competent authority;
(c) a suitable system of collection and safe disposal, where appropriate, including recuperation and recycling of empty containers of chemicals is in place to avoid their use for other purposes and to eliminate or minimize the risks to safety and health and to the environment.
Article 13
1. National laws and regulations or the competent authority shall ensure that there are preventive and protective measures for the use of chemicals at the enterprise level.
2. These measures shall cover:
(a) the preparation, handling, application, storage and transportation of chemicals;
(b) the release of chemicals resulting from agricultural activities;
(c) the maintenance, repair and cleaning of equipment and containers for chemicals; and
(d) the disposal of empty containers and the treatment and disposal of chemical wastes.
Agricultural facilities
Article 14
National laws and regulations shall prescribe safety and health requirements for the construction, maintenance or repairing of agricultural facilities.
Animal handling
Article 15
National laws and regulations shall provide that animal handling activities and animal husbandry areas and stalls comply with national or other recognized safety and health standards.
IV. Other provisions
Young workers
Article 16
1. The minimum age for assignment to work in agriculture which, by its nature or the circumstances in which it is carried out, is likely to harm the safety and health of young persons shall not be less than 18 years.
2. The types of employment or work to which paragraph 1 applies shall be determined by national laws and regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration the views of the representative organizations of self-employed farmers concerned, as appropriate.
3. Notwithstanding paragraph 1, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, taking into consideration the views of the representative organizations of self-employed farmers concerned, as appropriate, authorize the performance of work referred to in that paragraph as from 16 years of age on condition that appropriate prior training is given and the safety and health of the young workers are fully protected.
Temporary and seasonal workers
Article 17
Measures shall be taken to ensure that temporary and seasonal workers receive the same safety and health protection as that accorded to comparable full-time workers in agriculture.
Women workers
Article 18
Measures shall be taken to ensure that the special needs of women agricultural workers are taken into account, especially in relation to pregnancy, breast-feeding and reproductive health.
Welfare and accommodation facilities
Article 19
National laws and regulations shall prescribe, after consultation with the representative organizations of employers and workers concerned, taking into consideration the views of the representative organizations of self-employed farmers concerned, as appropriate:
(a) the provision of adequate welfare facilities at no cost to the worker; and
(b) the appropriate accommodation for workers who are required by the nature of the work to live temporarily or permanently in the undertaking.
Insurance against occupational injuries and sickness
Article 20
1. Workers in agriculture shall be covered by a scheme of compulsory insurance against occupational injuries and sickness, invalidity and other health risks, providing protection that is at least equivalent to that enjoyed by workers in other sectors.
2. Such a scheme may either be part of a national scheme or take any other appropriate form consistent with national laws and practice.
3. Where economic, social and administrative conditions do not permit the inclusion in such a scheme of self-employed farmers and their families, including persons of small means working on their own account in agriculture, they shall be covered by a special insurance scheme and measures shall be taken for the progressive extension of coverage to the level provided for in paragraph 1.
Proposed Recommendation concerning safety and health in agriculture
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its 89th Session on June 2001, and
Having decided upon the adoption of certain proposals with regard to safety and health in agriculture, which is the item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation supplementing the Safety and Health in Agriculture Convention, 2001 (hereinafter referred to as "the Convention");
adopts this day of June of the year two thousand and one the following Recommendation, which may be cited as the Safety and Health in Agriculture Recommendation, 2001:
I. General provisions
1. In order to give effect to Article 5 of the Convention, the measures concerning labour inspection in agriculture should be taken in the light of the principles embodied in the Labour Inspection (Agriculture) Convention and Recommendation, 1969.
2. Multinational enterprises should provide adequate safety and health protection for their workers in agriculture in all their establishments, without discrimination and regardless of the place or country in which they are situated, in accordance with national law and practice and the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy.
II. Occupational safety and health surveillance
3. The competent authority designated to implement the national policy referred to in Article 4 of the Convention should, after consulting the representative organizations of employers and workers concerned, taking into consideration the views of the representative organizations of self-employed farmers concerned, as appropriate:
(a) identify major problems, establish priorities for action, develop effective methods for dealing with them and periodically evaluate the results;
(b) prescribe measures for the prevention and control of occupational hazards in agriculture:
(i) taking into consideration technological progress and knowledge in the field of safety and health, as well as relevant standards, guidelines and codes of practice adopted by recognized national or international organizations;
(ii) taking into account the need to protect the general environment from the impact of agricultural activities;
(iii) specifying the steps to be taken in order to prevent or control the risk of endemic diseases for workers in agriculture; and
(iv) specifying that no hazardous work in an isolated area should be carried out by a single worker or without an adequate possibility of communication;
(c) prepare guidelines for employers and workers and self-employed farmers.
4. (1) The competent authority should establish a national system for occupational safety and health surveillance which should include both workers' health surveillance and the surveillance of the working environment.
(2) This system should include the necessary risk assessment and, where appropriate, preventive and control measures with respect to inter alia:
(a) hazardous chemicals;
(b) toxic, infectious or allergenic biological agents;
(c) irritant or toxic vapours;
(d) hazardous dusts;
(e) carcinogenic substances or agents;
(f) noise and vibration;
(g) extreme temperatures;
(h) solar ultraviolet radiations;
(i) transmissible animal diseases;
(j) contact with wild or poisonous animals;
(k) the use of machinery and equipment, including personal protective equipment;
(l) the manual handling or transport of loads;
(m) intense or sustained physical and mental efforts and inadequate working postures; and
(n) risks from new technologies.
(3) Special health surveillance measures for young workers and pregnant and nursing women should be taken, where appropriate.
5. The competent authority should:
(a) adopt provisions for the progressive extension of appropriate occupational health services for workers in agriculture;
(b) establish procedures for the recording and notification of occupational accidents and diseases in agriculture, in particular for the implementation of the national policy and the development of preventive programmes at the enterprise level; and
(c) progressively develop procedures for the recording and notification of occupational accidents and diseases concerning self-employed farmers.
III. Preventive and protective measures
Risk assessment and management
6. To give effect to Article 7 of the Convention, a set of measures on safety and health at the enterprise level should include:
(a) occupational safety and health services;
(b) risk assessment and management measures in the following order of priority:
(i) elimination of the risk;
(ii) control of the risk at the source;
(iii) minimization of the risk by such means as the design of safe work systems, the introduction of technical and organizational measures and safe practices, and training;
(iv) in so far as the risk remains, provision and use of personal protective equipment and clothing, at no cost to the worker;
(c) measures to deal with accidents and emergencies including first aid and access to appropriate transportation to medical facilities;
(d) procedures for the recording and notification of accidents and diseases;
(e) appropriate measures to protect persons present at an agricultural site, the population in the vicinity of it and the surrounding general environment, from risks which may arise from the agricultural activity concerned, such as those due to agrochemical waste, livestock waste, soil and water contamination, soil depletion and topographic changes; and
(f) measures to ensure that the technology used is adapted to climate, work organization and working practices.
Machinery safety and ergonomics
7. To give effect to Article 9 of the Convention, measures should be taken to ensure that technology, machinery and equipment, including personal protective equipment, are adapted to the needs of importing countries.
8. The competent authority should ensure that ergonomic principles are taken into account in the design and manufacture of machinery, equipment and tools.
Sound management of chemicals
9. (1) The measures prescribed concerning the sound management of chemicals in agriculture should be taken in the light of the principles of the Chemicals Convention and Recommendation, 1990, and other relevant international technical standards.
(2) In particular, preventive and protective measures to be taken at the enterprise level should include:
(a) adequate washing facilities for those using chemicals and for the maintenance and cleaning of personal protective and application equipment, at no cost to the worker;
(b) spraying and post-spraying precautions in areas treated with chemicals including measures to prevent pollution of drinking, washing and irrigation water sources;
(c) handling or disposal of hazardous chemicals which are no longer required, and containers which have been emptied but which may contain residues of hazardous chemicals, in a manner which eliminates or minimizes the risk to safety and health and to the environment, in accordance with national law and practice; and
(d) keeping a register of the application of agricultural pesticides.
Agricultural facilities
10. To give effect to Article 14 of the Convention, the safety and health requirements concerning agricultural facilities should specify technical standards for buildings, installations, rails, fences and confined spaces.
Animal handling
11. To give effect to Article 15 of the Convention, measures for the handling of animals should include:
(a) control and testing of livestock, in accordance with veterinary standards and national law and practice, for all diseases transmissible to humans;
(b) immunization, as appropriate, of workers handling animals;
(c) provision of appropriate protective equipment, water supply facilities, disinfectants, first aid and antidotes in case of contact with poisonous animals and insects; and
(d) safety precautions in the handling and disposal of carcasses of infected animals, including the cleaning and disinfection of contaminated premises.
IV. Other provisions
Self-employed farmers
12. National policy should also provide for safety and health promotion in agriculture, through action programmes and educational tools, with a view to addressing especially the specific needs of self-employed farmers, seasonal workers and young workers.
13. (1) Measures should be taken by the competent authority to ensure that self-employed farmers enjoy safety and health protection that is equivalent to that provided to other workers in agriculture.
(2) These measures should include guidelines, appropriate advice and training to self-employed farmers covering inter alia:
(a) their safety and health and the safety and health of those working with them as regards work-related hazards, including the risk of musculo-skeletal disorders, the selection and use of chemicals and of biological agents, the design of safe work systems and the selection, use and maintenance of personal protective equipment, machinery, tools and appliances; and
(b) the prevention of children from engaging in hazardous activities.
(3) In giving effect to subparagraph (1), account should be taken of the special situation of self-employed farmers, such as:
(a) small tenants and sharecroppers;
(b) small owner-operators;
(c) persons participating in agricultural collective enterprises, such as members of farmers' cooperatives;
(d) members of the family of the owner-operator of the undertaking, according to national law and practice;
(e) other self-employed workers in agriculture, according to national law and practice.
Welfare and accommodation facilities
14. (1) To give effect to Article 19 of the Convention, employers should provide, as appropriate and in accordance with national law and practice, to workers in agriculture:
(a) an adequate supply of safe drinking water;
(b) facilities for the storage and washing of protective clothing supplied at no cost to the worker;
(c) facilities for eating meals;
(d) separate sanitary and washing facilities for men and women workers, including for those working in the fields;
(e) adequate accommodation; and
(f) work-related transportation.
1 These texts are reproduced in the Record of Proceedings of the 88th Session of the International Labour Conference. They can also be consulted on the website of the International Labour Office: www.ilo.org. Copies will be sent on application to the Distribution Unit, ILO, CH-1211 Genève 22.
Updated by HK. Approved by RH. Last update: 19 September 2000.