CONTENTS

Proposed texts

The first discussion of the question of safety and health in agriculture took place at the 88th Session (2000) of the International Labour Conference. Following that discussion, and in accordance with article 39 of the Standing Orders of the Conference, the International Labour Office prepared and communicated to the governments of member States a report¹ containing a proposed Convention and a proposed Recommendation concerning safety and health in agriculture, based on the conclusions adopted by the Conference at its 88th Session.

Governments were invited to send any amendments or comments they might wish to make so as to reach the Office by 30 November 2000 at the latest, or to inform it, by the same date, whether they considered that the proposed texts constituted a satisfactory basis for discussion by the Conference at its 89th Session (2001).

At the time of drawing up this report, the Office had received replies from the governments of the following 50 member States:² Argentina, Australia, Austria, Azerbaijan, Barbados, Belgium, Benin, Brazil, Bulgaria, Cambodia, Chile, China, Croatia, Cuba, Cyprus, Denmark, Ecuador, Egypt, Eritrea, Estonia, Ethiopia, Finland, France, Germany, Greece, Hungary, Israel, Japan, Kuwait, Lebanon, Lithuania, Mauritius, Mexico, Morocco, Myanmar, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Syrian Arab Republic, Thailand, ­Tunisia, Ukraine, United Arab Emirates, United Kingdom.

In accordance with article 39, paragraph 6, of the Standing Orders of the Conference, governments were requested to consult the most representative organizations of employers and workers before finalizing their replies and to indicate which organizations were consulted.

The governments of the following 23 member States stated that the most representative organizations of employers and workers had been consulted: Azerbaijan, Barbados, Benin, Brazil, China, Cyprus, Denmark, Ecuador, Eritrea, Estonia, Finland, Germany, Hungary, Lithuania, Mauritius, Mexico, Myanmar, Norway, Portugal, Slovakia, Slovenia, Spain, Sweden.

In the case of the following 13 member States the replies of employers’ or workers’ organizations were appended to those of the government, or were communicated directly to the Office: Argentina, Barbados, Belgium, Indonesia, Japan, Lesotho, Mauritius, Niger, Poland, South Africa, Sri Lanka, Switzerland, United States.

To ensure that the English and French texts of the proposed Convention and proposed Recommendation concerning safety and health in agriculture are in the hands of governments within the time limit laid down in article 39, paragraph 7, of the Standing Orders of the Conference, Report IV(2) is published in two volumes.³ The present bilingual volume (Report IV(2B)) contains the English and French versions of the proposed texts, amended in the light of the observations made by governments and by employers’ and workers’ organizations and for the reasons set out in the Office commentaries. In addition, some slight changes were made, where appropriate, in the wording of the texts, mainly to ensure full convergence between the two versions of the proposed instruments.

If the Conference so decides, these texts will serve as a basis for the second discussion, at the 89th Session (2001), of the question of safety and health in agriculture.

PROPOSED TEXTS

The following are the English versions of (A) the proposed Convention concerning safety and health in agriculture, and (B) the proposed Recommendation concerning safety and health in agriculture, which are submitted as a basis for discussion of the fourth item on the agenda of the 89th Session of the Conference.

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 5 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 fourth 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.

For the purpose of this Convention the term “agriculture” covers agricultural activities carried out in agricultural undertakings including crop production, animal husbandry and insect raising, the primary processing of agricultural and animal products by the operator of the undertaking, as well as the use of machinery, equipment, ap­pliances, tools, agricultural installations and the services directly related to these ­activ­ities.

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)  the industrial exploitation of forests.

1. The competent authority of a Member which ratifies the Convention, after consulting the representative organizations of employers and workers concerned:

(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.

1. In the light of national conditions and practice and after consulting the representative organizations of employers and workers concerned, 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; and

(c)  specify the rights and duties of employers and workers with respect to safety and health in agriculture.

3. The designated competent authority shall provide for corrective measures and appropriate penalties in accordance with national laws and regulations, including, where appropriate, the suspension or restriction of those agricultural activities which pose an imminent risk to the safety and health of workers, until the conditions giving rise to the suspension or restriction have been corrected.

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.

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 or the competent authority shall provide that, whenever two or more employers or self-employed persons undertake activities simultaneously in an agricultural workplace, they shall cooperate in applying the safety and health requirements. Where appropriate, the competent authority shall prescribe general procedures for this collaboration.

In order to comply with the national policy referred to in Article 4 of the Convention, national laws and regulations or the competent authority shall provide, taking into account the size of the undertaking and the nature of its activity, 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, including information on the hazards and risks associated with their work and the action to be taken for their protection, taking into account their level of education and differences in language.

1. Workers in agriculture shall have the right:

(a)  to be informed and consulted on safety and health matters including risks from new technologies;

(b)  to select safety and health representatives or, taking into account the size of the undertaking, their representatives in safety and health committees and, through those representatives, to participate in the application of safety and health measures; and

(c)  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 and so inform their supervisor immediately. They shall not be penalized as a result of these actions.

2. Workers in agriculture and their representatives shall have the duty to comply with the prescribed safety and health measures and to cooperate with employers to permit them to comply with their own duties and responsibilities.

3. The procedures for the exercise of the rights and duties referred to in paragraphs 1 and 2 shall be established by national laws and regulations, the competent authority, collective agreements or other appropriate means.

1. National laws and regulations or the competent authority 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 language of the importing country, to the users and, on request, to the competent authority.

3. Employers shall ensure that workers receive and understand the safety and health information supplied by manufacturers, importers and suppliers.

National laws and regulations shall prescribe that agricultural machinery and equipment:

(a)  shall only be used for work for which they are designed, unless a use outside of the initial design purpose has been assessed as safe, and authorized by the competent authority and, in particular, shall not be used for human transportation, unless designed or adapted so as to carry persons; and

(b)  shall be operated by trained and competent persons, in accordance with national law and practice.

1. The competent authority, after consulting the representative organizations of employers and workers concerned, 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.

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.

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 and labelling of chemicals used in agriculture and for their banning or restriction;

(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; and

(c)  there is a suitable system for the safe collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals so as to avoid their use for other purposes and to eliminate or minimize the risks to safety and health and to the environment.

1. National laws and regulations or the competent authority shall ensure that there are preventive and protective measures for the use of chemicals and handling of chemical waste at the level of the undertaking.

2. These measures shall include:

(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 waste and obsolete chemicals.

National laws and regulations shall provide that animal-handling activities, including contact with biological agents, and animal husbandry areas and stalls comply with national or other recognized safety and health standards.

The construction, maintenance and repairing of agricultural installations shall be in conformity with national laws, regulations and safety and health requirements.

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.

3. Notwithstanding paragraph 1, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, 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.

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.

Measures shall be taken to ensure the safety and health of pregnant and nursing agricultural workers.

National laws and regulations or the competent authority shall prescribe, after consultation with the representative organizations of employers and workers concerned:

(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.

1. Workers in agriculture shall be covered by an insurance scheme against occupational injuries and diseases, invalidity and other health risks, providing protection against employment injury 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 law and practice.

B. 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 5 June 2001, and

Having decided upon the adoption of certain proposals with regard to safety and health in agriculture, which is the fourth 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.

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.

3. (1) 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:

(a)  identify major problems, establish priorities for action, develop effective methods for dealing with them and periodically evaluate the results; and

(b)  prescribe measures for the prevention and control of occupational hazards in agriculture:

ii(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;

i(ii)   taking into account the need to protect the general environment from the impact of agricultural activities;

(iii)   specifying, where appropriate, the steps to be taken to prevent or control the risk of endemic diseases for workers in agriculture; and

(iv)   specifying that no single worker should carry out hazardous work in an isolated or confined area or without an adequate possibility of communication and assistance.

(2) To give effect to Article 4 of the Convention, the competent authority should:

(a)  adopt provisions for the progressive extension of appropriate occupational health services for workers in agriculture; and

(b)  establish procedures for the recording and notification of occupational accidents and diseases in agriculture, in particular for the compilation of statistics, the implementation of the national policy and the development of preventive programmes at the enterprise level.

4. (1) To give effect to Article 7 of the Convention, 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 and waste;

(b)  toxic, infectious or allergenic biological agents and waste;

(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, pregnant and nursing women and aged workers should be taken, where appropriate.

5. 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:

ii(i)  elimination of the risk;

i(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; and

(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.

6. To give effect to Article 9 of the Convention, measures should be taken to ensure the appropriate selection or adaptation of technology, machinery and equipment, including personal protective equipment, taking into account local conditions in importing countries and, in particular, ergonomic implications and the effect of climate.

7. (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 level of the undertaking should include:

(a)  adequate personal protective equipment and clothing, and washing facilities for those using chemicals and for the maintenance and cleaning of personal protective and application equipment;

(b)  spraying and post-spraying precautions in areas treated with chemicals including measures to prevent pollution of drinking, washing and irrigation water sources and food;

(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 pesticides used in agriculture.

8. To give effect to Article 14 of the Convention, measures for the handling of animals and consequent contact with biological agents should include:

(a)  risk assessment measures consistent with Paragraph 5, in order to avoid or reduce biological risks;

(b)  control and testing of animals, in accordance with veterinary standards and ­national law and practice, for diseases transmissible to humans;

(c)  collective protective measures for the handling of animals and consequent contact with biological agents and, where appropriate, provision of appropriate protective equipment and clothing;

(d) immunization of workers handling animals, as appropriate;

(e)  provision of disinfectants and washing facilities, and the maintenance and cleaning of personal protective equipment and clothing;

(f)   provision of first aid and antidotes in case of contact with sick animals and poisonous animals and insects;

(g)  safety measures for the handling, collection and disposal of manure and waste;

(h)  safety measures for the handling and disposal of carcasses of infected animals, including the cleaning and disinfection of contaminated premises; and

(i)   safety information including warning signs and training for those workers hand­ling animals.

9. To give effect to Article 15 of the Convention, the safety and health requirements concerning agricultural installations should specify technical standards for buildings, structures, rails, fences and confined spaces.

10. To give effect to Article 19 of the Convention, welfare facilities should include:

(a)  an adequate supply of safe drinking water;

(b)  facilities for the storage and washing of protective clothing;

(c)  facilities for eating meals;

(d)  separate sanitary and washing facilities, or separate use thereof, for men and women workers; and

(e)  work-related transportation.

11. In order to give effect to Article 18 of the Convention, the safety and health measures for pregnant and nursing agricultural workers should be taken in the light of the principles embodied in the Maternity Protection Convention and Recommendation, 2000.

12. (1) Members should make plans to extend progressively to self-employed farmers the protection afforded by the Convention, taking into consideration the views of representative organizations of self-employed farmers, as appropriate.

(2) To this end, national laws and regulations should specify the rights and duties of self-employed farmers with respect to safety and health in agriculture.

(3) In the light of national conditions and practice, the views of representative organizations of self-employed farmers should be taken into consideration, as appropriate, in the formulation, implementation and periodic review of the national policy referred to in Article 4 of the Convention.

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:

(a)  provisions for the progressive extension of appropriate occupational health services for self-employed farmers in agriculture;

(b)  progressive development of procedures for including self-employed farmers in the recording and notification of occupational accidents and diseases; and

(c)  development of guidelines, appropriate advice and training to self-employed farmers covering inter alia:

i(i)    their safety and health and the safety and health of those working with them as regards work-related hazards, including the risk of musculoskeletal 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

(ii)    the prevention of children from engaging in hazardous activities.

14. Where economic, social and administrative conditions do not permit the inclusion of self-employed farmers and their families in a national or voluntary insurance scheme, measures should be taken for their progressive coverage to the level provided for in Article 20 of the Convention. This should be achieved by means of:

(a)  developing special insurance schemes or funds; or

(b)  adapting existing social security schemes.

15. In giving effect to the above measures concerning self-employed farmers, account should be taken of the special situation of :

(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)  subsistence farmers; and

(f)  other self-employed workers in agriculture, according to national law and practice.