Safety And Health Agreements In Agriculture - Full Text Of The Norm

Original Language Title: CONVENIOS SEGURIDAD Y SALUD EN LA AGRICULTURA - Texto completo de la norma

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Agreed Law 25,739 Adopt a Convention on Safety and Health in Agriculture adopted by the Eighty-ninth General Conference of the International Labour Organization in Geneva City. Sanctioned: May 28, 2003. Enacted: June 23, 2003.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ADOPTION OF THE CONVENTION ON SECURITY AND HEALTH IN AGRICULTURA, 2001.

ARTICLE 1 Adopt Convention C 184 on Safety and Health in Agriculture adopted by the 89th General Conference of the International Labour Organization on 21 June 2001 in the city of Geneva, the text of which is issued by the International Labour Office is an integral part of this Act.

ARTICLE 2 Contact the Executive.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTH DAYS OF THE MONTH OF THE YEAR DOS MIL TRES.

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EDUARDO O. CHANGE. . DANIEL O. SCIOLI. . Eduardo D. Rollano. . Juan J. Canals.

C184 Convention on Safety and Health in Agriculture, 2001

Convention on Safety and Health in Agriculture (Note: Date of entry into force: 00:00:0000)

Session of the Conference: 89

Place: Geneva

Date of adoption: 21:06:2001

STATUS: 01

See the ratifications received by this Convention

Vizualisar the document in: English French

Status: Updated Instrument This Convention was adopted since 1985 and is considered updated.

The General Conference of the International Labour Organization: Convened in Geneva by the Governing Council of the International Labour Office, and assembled in that city on 5 June 2001, at its thirty-ninth meeting;

Taking note of the principles contained in the relevant international labour conventions and recommendations, in particular the Convention and Recommendation on Plants, 1958; the Convention and Recommendation on Benefits in the Event of Occupational Accidents and Diseases, 1964; the Labour Inspection (Agriculture) Convention and Recommendation, 1969; the Workers ' Safety and Health Convention, 1981; the Occupational Health Services Convention and Recommendation, 1985; and the Chemicals Recommendation,

Underlining the need to adopt a coherent approach to agriculture and taking into account the broader framework of principles embodied in other ILO instruments applicable to this sector, in particular the Freedom of Association and Protection of the Right to Organise, 1948; the Right to Organize and Collective Bargaining Convention, 1949; the Minimum Age Convention, 1973; and the Worst Forms of Child Labour Convention, 1999;

Taking note of the Tripartite Declaration of Principles on Multinational Enterprises and Social Policy adopted by the ILO Governing Council, as well as the repertoires of relevant practical recommendations, in particular the Repertory of Practical Recommendations on Registration and Notification of Occupational Accidents and Diseases, 1996, and the Repertory of Practical Recommendations on Safety and Health in Forest Work, 1998;

After having decided to adopt a number of proposals concerning safety and health in agriculture, a question that constitutes the fourth point of order of the day of the meeting, and after having decided that such proposals review the form of an international convention, it adopts, on twenty-one June of two thousand one, the following Convention, which may be cited as the Convention on Safety and Health in Agriculture, 2001.

I. APPLICATION

Article 1 For the purposes of this Convention, the term agriculture covers agricultural and forest activities carried out in agricultural farms, including agricultural production, forest work, animal breeding and insect breeding, the primary transformation of agricultural and animal products by or on behalf of the operator, as well as the use and maintenance of machinery, equipment, tools and agricultural facilities and any process, storage, operation or transport directly related to agricultural production,

Article 2

For the purposes of this Convention, the term of agriculture does not include:

(a) subsistence agriculture;

(b) industrial processes using agricultural products as feedstock, and related services, and

(c) Industrial exploitation of forests.

Article 3

1. The competent authority of any Member State ratifying this Convention, after consultation with the representative organizations of employers and interested workers:

(a) may exclude certain farms or limited categories of workers from the implementation of this Convention or certain provisions thereof, when special problems of particular importance arise, and

(b) develop plans to progressively cover all farms and all categories of workers if such exclusions occur.

2. Any Member State shall mention in the first report on the implementation of this Convention, submitted under article 22 of the Constitution of the International Labour Organization, the categories that would have been excluded under paragraph 1, (a) of this article, indicating the reasons for such exclusion. In subsequent memoirs, it should state the measures taken to progressively extend the provisions of the Convention to interested workers.

II. GENERAL PROVISIONS

Article 4

1. In the light of national conditions and practice, and in consultation with the representative organizations of employers and interested workers, Members shall formulate, implement and periodically review a coherent national policy on safety and health in agriculture. This policy should aim to prevent accidents and health damage resulting from work, whether related to work or work, by eliminating, minimizing or controlling the risks inherent in the environment of work in agriculture.

2. To this end, national legislation shall:

(a) To designate the competent authority responsible for the implementation of this policy and the enforcement of national legislation on safety and health at work in agriculture;

(b) To define the rights and obligations of employers and workers in relation to safety and health at work in agriculture; and

(c) Establish intersectoral coordination mechanisms between the authorities and relevant bodies for the agricultural sector, and define their roles and responsibilities taking into account their complementary nature, as well as national conditions and practices.

3. The designated competent authority shall provide for corrective measures and appropriate penalties in accordance with national legislation and practice, including, where appropriate, the suspension or restriction of agricultural activities that pose an imminent risk to the safety and health of workers, until the conditions that have caused such suspensions or restrictions have been met.

Article 5

1. Members shall ensure the existence of an appropriate and appropriate system of inspection of agricultural workplaces, with adequate means.

2. In accordance with national legislation, the competent authority may assign, as a subsidiary, certain regional or local inspection functions to appropriate government services or public institutions, or private institutions subject to the control of the authorities, or associate such services or institutions with the exercise of such functions.

III. PREVENTION AND PROTECTION MEASURES OF GENERAL CHARACTER

Article 6

1. Insofar as it is compatible with national legislation, the employer shall ensure the safety and health of workers in all aspects of the work.

2. National legislation or the competent authorities should provide that when two or more employers operate in an agricultural workplace or when one or more employers and one or more self-employed workers exercise their activities, they should collaborate in the implementation of safety and health requirements. Where appropriate, the competent authority shall prescribe the general procedures for this collaboration.

Article 7

In order to comply with the national policy referred to in article 4, the national legislation or the competent authorities should provide, taking into account the size of the exploitation and nature of its activity, that the employer:

(a) Undertake appropriate risk assessments for the safety and health of workers and, on the basis of their results, take preventive and protective measures to ensure that all activities, workplaces, machinery, equipment, chemicals, tools and agricultural processes under the control of the employer are safe and comply with the prescribed safety and health standards;

(b) Ensure that adequate and appropriate training is provided to agricultural workers, as well as understandable safety and health instructions, and any necessary guidance or supervision, including information on the dangers and risks associated with their work and measures to be taken for their protection, taking into account their level of instruction and linguistic differences, and

(c) Take immediate steps to suspend any operation that poses an imminent and grave danger to safety and health, and to evacuate workers as appropriate.

Article 8

1. Agricultural workers shall have the right to:

(a) To be informed and consulted on security and health issues, including on the risks arising from new technologies;

(b) To participate in the implementation and review of security and health measures and, in accordance with national legislation and practice, to choose their representatives in the field and their representatives in the security and health committees; and

(c) To deviate from any danger arising from their work activity when they have reasonable grounds to believe that there is an imminent and serious risk for their safety and health, and to immediately bring it to their supervisor. Workers must not be harmed by these actions.

2. Workers in the agricultural sector and their representatives shall have an obligation to comply with the prescribed safety and health measures and to work with employers to ensure that they comply with their obligations and responsibilities.

3. The modalities for the exercise of the rights and obligations under paragraphs 1 and 2 should be determined by national legislation, competent authority, collective agreements or other appropriate means.

4. When the provisions of this Convention are implemented, in accordance with paragraph 3, prior consultations will be held with the representative organizations of the workers and employers concerned.

MAQUINARIA AND ERGONOMIA

Article 9

1. National legislation or competent authorities should establish that machinery, equipment, including personal protection, utensils and tools used in agriculture comply with national standards or with other recognized safety and health standards, and appropriately establish, maintain and protect.

2. The competent authority shall take measures to ensure that the manufacturers, importers and suppliers comply with the standards mentioned in paragraph 1 and provide appropriate and appropriate information, including warning signs of danger, in the official languages of the user country, to the users and the competent authorities, when requested.

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

Article 10

National legislation should establish that agricultural machinery and equipment:

(a) are used only in the work for which they were conceived, unless their use for purposes other than those originally envisaged has been deemed safe, in accordance with national legislation and practice, and in particular, that they are not used for the transport of persons, unless they are designed or adapted for that purpose, and

(b) To be managed by trained and competent persons, in accordance with national legislation and practice.

MATERIAL MANIPULATION AND TRANSPORT

Article 11

1. The competent authorities, after consultation with the representative organizations of employers and interested workers, shall establish safety and health requirements for the handling and transport of materials, in particular their handling. These requirements shall be established on the basis of a risk assessment, technical standards and a medical opinion, taking into account all relevant conditions under which the work is performed, in accordance with national legislation and practice.

2. No worker shall be required or allowed to manually handle or transport a burden which, due to its weight or nature, may endanger his or her safety or health.

RACIONAL AGENDA FOR CHEMICAL PRODUCTS

Article 12

The competent authorities shall take measures, in accordance with national legislation and practice, to ensure that:

(a) There is an appropriate national system or any other system approved by the competent authority providing specific criteria for the import, classification, packaging and labelling of chemicals used in agriculture and for their prohibition or restriction;

(b) those who produce, import, supply, sell, transport, store or evacuate chemicals used in agriculture comply with national standards or other recognized safety and health standards, and provide appropriate and appropriate information to users, in the appropriate official languages of the country, as well as to the competent authorities, when requested, and

(c) There is an appropriate system for safe collection, recycling and disposal of chemical wastes, obsolete chemicals and empty containers of chemicals in order to avoid their use for other purposes and to eliminate or minimize the risks to safety, health and the environment.

Article 13

1. National legislation or competent authorities should ensure the existence of prevention and protection measures on the use of chemicals and the handling of chemical wastes in exploitation.

2. These measures should include:

(a) the preparation, handling, application, storage and transport of chemicals;

(b) Agricultural activities involving the dispersal of chemicals;

(c) maintenance, repair and cleaning of equipment and containers used for chemicals, and (d) disposal of empty containers and treatment and disposal of chemicals and obsolete chemicals.

ANIMAL MANAGEMENT AND PROTECTION AGAINST BIOLOGICAL RISKS

Article 14

National legislation should ensure that risks such as infection, allergy or poisoning within the framework of the manipulation of biological agents are avoided or minimized and that activities with livestock and other animals, as well as activities in breeding or stables, comply with national standards or other recognized safety and health standards.

AGRICULATE INSTALATIONS

Article 15

The construction, maintenance and repair of agricultural facilities should be consistent with national legislation and safety and health requirements.

IV. OTHER PROVISIONS OF JOVEN WORKERS AND PELIGROSS WORKING

Article 16

1. The minimum age for work in agriculture that by its nature or the conditions under which it is performed could damage the health and safety of young people should not be less than 18 years.

2. The types of employment or work applied in paragraph 1 of this article shall be determined by national legislation or by the competent authority, after consultation with the representative organizations of employers and interested workers.

3. Without prejudice to the provisions contained in paragraph 1, national legislation or the competent authorities may, after consultation with the representative organizations of employers and workers concerned, authorize the performance of a work provided for in that paragraph from the age of 16, provided that adequate training is provided and that the health and safety of young workers are fully protected.

TEMPORARY AND STATIONAL WORKERS

Article 17

Measures should be taken to ensure that temporary and seasonal workers receive the same safety and health protection as that accorded to permanently employed workers in agriculture in a comparable situation.

WORKERS

Article 18

Measures should be taken to take into account the needs of agricultural workers, in particular with regard to pregnancy, breastfeeding and reproductive health.

AND ALOJAMIENT SERVICES

Article 19

National legislation or competent authorities shall establish, after consultation with representative organizations of employers and interested workers:

(a) That adequate welfare services are made available at no cost to workers; and

(b) Minimum standards of accommodation for workers who, by the nature of their work, must live temporarily or permanently in the exploitation.

ORGANIZATION OF THE WORKING TIME

Article 20

Working hours, night work and rest periods for agricultural workers should be consistent with the provisions of national legislation or collective agreements.

AND PROFESSIONAL ENVIRONMENTS

Article 21

1. In accordance with national legislation and practice, workers in the agricultural sector should be covered by a social insurance or safety regime against occupational accidents and occupational diseases, both fatal and non-mortal, as well as against disability and other occupational health risks, which provide coverage at least equivalent to that offered to workers in other sectors.

2. Such regimes may either be integrated into a national regime or adopt any other appropriate manner consistent with national legislation and practice.

Article 22

The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.

Rule 23

1. This Convention shall oblige only those Members of the International Labour Organization whose ratifications have been registered by the Director-General of the International Labour Office.

2. It shall enter into force twelve months after the date on which the ratifications of two Members have been registered by the Director-General.

3. Since that time, this Convention shall enter into force for each Member, twelve months after the date of its ratification.

Article 24

1. A Member who has ratified this Convention may denounce it at the expiration of a period of ten years, from the date on which it has initially entered into force, by means of a record communicated to the Director General of the International Labour Office for registration. The complaint shall not take effect until one year after the date of registration.

2. Any Member who has ratified this Convention and who, within one year of the expiration of the ten-year period referred to in the preceding paragraph, does not make use of the right of denunciation provided for in this article shall be bound for a new period of ten years, and thereafter may denounce this Convention at the expiration of each ten-year period under the conditions provided for in this article.

Article 25

1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications, declarations and minutes of denunciation to be communicated to the Members of the Organization.

2. In notifying the Members of the Organization of the registration of the second ratification communicated to it, the Director-General shall draw the attention of the Members of the Organization on the date on which the present Convention shall enter into force.

Article 26

The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations, for the purposes of the registration and in accordance with article 102 of the Charter of the United Nations, complete information on all ratifications, declarations and complaint records that he has recorded in accordance with the preceding articles.

Article 27

Whenever necessary, the Governing Council of the International Labour Office shall present to the Conference a report on the implementation of the Convention, and shall consider the desirability of including in the agenda of the Conference the question of its full or partial review.

Rule 28

1. In the event that the Conference adopts a new convention involving a full or partial review of the present, and unless the new convention contains provisions to the contrary:

(a) The ratification by a Member of the new review agreement shall entail, ipso jure, the immediate denunciation of this Convention, notwithstanding the provisions contained in article 24, provided that the new review agreement has entered into force, and

(b) from the date on which the new revised convention enters into force, this Convention shall cease to be open to ratification by Members.

2. This Convention shall remain in force in any event, in its present form and content, for Members who have ratified it and do not ratify the revised convention.

Rule 29

The English and French versions of the text of this Convention are equally authentic.

Cross references

Conventions: C110 Plants Convention, 1958

Convention: C121 Labour Accident and Occupational Disease Benefits Convention, 1964

Conventions: C129 Labour Inspection Convention (Agriculture), 1969

Conventions: C155 Workers ' Safety and Health Convention, 1981

Convention: C161 Labour Health Services Convention, 1985

Conventions: C170 Chemicals Convention, 1990

Conventions: C087 Convention on Freedom of Association and Protection of the Right to Organise, 1948

Conventions: C098 Convention on the Right to Organize and Collective Bargaining, 1949

Conventions: C138 Minimum Age Convention, 1973

Convention: C182 Worst Forms of Child Labour Convention, 1999

RECOMMENDATIONS: R110 Recommendation on plantations, 1958

Recommendations: R121 Recommendation on benefits in the event of occupational accidents and diseases, 1964

RECOMMENDATIONS: R133 Recommendation on Labour Inspection (Agriculture), 1969

RECOMMENDATIONS: R164 Recommendation on worker safety and health, 1981

RECOMMENDATIONS: R171 Recommendation on occupational health services, 1985

Recommendations: R177 Recommendation on chemicals, 1990

SUPLEMENT: R192 Recommendation on Safety and Health in Agriculture, 2001

CONSTITUTION: 22: Article 22 of the Constitution of the International Labour Organization

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