Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Germany (Ratification: 1973)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 and 129 together.

Legislation. The Committee notes the information provided by the Government regarding the adoption of the Act to improve the enforcement of occupational health and safety, which entered into force on 1 January 2021. The Committee notes that this Act provides for the strengthening of OSH measures mostly in the meat industry while also adopting some amendments to the Occupational Health and Safety Act (ArbSchG) of 7 August 1996, including provisions on inspection. In particular, the Committee notes that according to the new section 21(1a) of the ArbSchG, starting from 1 January 2026, for each calendar year there shall be a minimum annual inspection rate of 5 per cent of the companies operating in the country. The Committee also notes the measures introduced in the new section 21(3a) of the ArbSchG, which provides that the inspection authorities of the Länder shall, after 1 January 2023, transmit information regarding inspections and their results to the accident insurance institution responsible for the inspected establishment.

Article 3(1) and (2) of Convention No. 81 and Article 6(1), (2) and (3) of Convention No. 129. Protection of the rights of foreign workers in an irregular situation concerning their residence status and cooperation with government services and public or private institutions. In its previous comment, the Committee requested the Government to provide information on the notifications to the immigration authorities by labour inspectors, pursuant to section 23(3) of the ArbSchG. It also requested the Government to indicate how it ensures the enforcement of legislation with respect to the payment of wages and other benefits for the period of the effective employment relationship of the foreign workers concerned. The Committee notes the Government’s indication that there were no notifications provided by the labour inspectors to the immigration authorities in 2016 and 2017 pursuant to section 23(3) of the ArbSchG. The Government reports that the inspectors working for personal accidents insurers are asked only sporadically for findings that go beyond their core tasks, which are related to monitoring of occupational safety and advising employers on occupational safety compliance. The Committee also notes the Government’s indication that the responsibility for inspections under the Act to Combat Undeclared Work and Unlawful Employment essentially lies with the Customs Authority’s Tax Enforcement Unit for Undeclared Work (FKS). The Committee further notes that, in reply to its previous comment, the Government reiterates that foreign workers in an irregular situation can assert their rights against employers in the same way as workers in a regular situation or national workers and, in case of a dispute, they can refer their case to the labour courts. While noting that the primary responsibility for the enforcement of the Residents Act and the Act to Combat Undeclared Work and Unlawful Employment lies with other Government agencies, the Committee requests the Government to continue to provide information on the notifications made by labour inspectors to immigration and/or prosecution authorities in application of section 23(3) of the ArbSchG. The Committee also requests the Government to provide further information on the actions undertaken by labour inspectors in those cases where, in the discharge of their duties, they encounter violations of the legal provisions related to conditions of work and protection of wages for migrant workers. In this regard, the Committee requests the Government to collect and provide information on the outcome of judicial proceedings resulting from investigations initiated following actions taken by labour inspectors.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Content of the annual labour inspection reports. The Committee notes that the labour inspection report 2019, hyperlinked in the Government report, contains information on all the subjects listed in Article 21(a)–(g) of Convention No. 81. The Committee also notes that, in reply to its previous request concerning the compliance of the labour inspection report with Article 27 of Convention No. 129, the Government indicates that breakdown statistics for the agricultural sector are reflected in the report with regard to inspection activities carried out by the agricultural employers’ liability insurance association under the Social Insurance Fund for Agriculture, Forestry and Horticulture (SVLFG). Concerning the labour inspectors of the Länder, the Government reports that there are no disaggregated data on the number of inspectors working specifically on agriculture. The Government indicates that this is because inspectors may be responsible for multiple sectors or have cross-sector responsibilities. The Government also indicates that there is no breakdown by sector of the statistics concerning the number of inspection visits conducted and of violations and penalties imposed by the inspection authorities of the Länder. Further, the Committee notes the Government’s indication that a Länder working group has been set up and started working in order to improve the reporting and the collection of sector-based statistics by the inspection authorities of the Länder. The Committee requests the Government to provide information on the progress made by the Länder working group in order to improve the reporting of labour inspection activities in the agricultural sector, in particular concerning the requirements of Articles 27(d) and (e) of Convention No. 129 on statistics of inspection visits conducted and of violations and penalties imposed in agriculture.

Issues specifically concerning labour inspection in agriculture

Articles 4 and 21 of Convention No. 129. Coverage of certain categories of agricultural workers by labour inspection and their registration to ensure their protection through labour inspection. The Committee notes that in its previous comment, it requested the Government to provide information on the system for the registration of workers in agriculture (including apprentices, dependent workers and temporary workers) and the availability of such data to the different labour inspection services. The Committee notes that the Government refers to section 28a(4) of the Social Code (SGB) Fourth Book (IV), Common Provisions for Social Security, which provides for the obligation of the employers operating in the sectors listed in this provision, to report information concerning each employee to the data centre of the pension insurance provider. The Government also indicates that as part of an automated retrieval process, the FKS, which is responsible for inspecting provisions on minimum wage, is able to view the reference data available to the pension insurance provider’s data centre. The Government further indicates that with regard to occupational safety and health, all agricultural enterprises have an accident insurance coverage within the SVLFG’s agricultural accident insurance scheme, which facilitates access to information regarding agricultural establishments. The Committee also notes that in previous reports the Government referred to the Joint German Occupational Health and Safety Strategy (GDA) as the framework of cooperation between the labour inspection authorities of the Länder and the accident insurance providers. Noting that agriculture is not listed among the sectors included in section 28a (4) of the SGB IV, the Committee requests the Government to clarify how the authorities in charge of inspecting provisions on minimum wage can benefit from a system of registration of workers in agriculture in order to ensure an effective labour inspection strategy which includes the protection of particularly vulnerable workers. The Committee also requests the Government to indicate the measures taken in order to ensure that inspection authorities in the Länder have access to the data concerning the agricultural undertakings that have accident insurance coverage within the SVLFG’s agricultural accident insurance scheme. In this respect, it also requests the Government to indicate whether the GDA contains a specific component on cooperation concerning inspection in the agricultural sector.

Articles 6(1)(b), 14, 19 and 21 of Convention No. 129. Effectiveness of labour inspection activities in agriculture. In its previous comment, the Committee requested the Government to provide information on (i) the number of workers in agricultural undertakings, including those that are not subject to mandatory social insurance; (ii) the number of labour inspectors working at the SVLFG and the labour inspection authorities in the Länder; (iii) the number of labour inspections undertaken by the SVLFG and the labour inspection authorities in the Länder during the reporting period; as well as (iv) the number of occupational accidents and cases of occupational disease reported in agriculture during the reporting period. The Committee notes the Government’s reference to the labour inspection report, which provides the number of agricultural workers covered by social security contributions. In addition, the Committee already noted above the Government’s indication that the labour inspectors of the Länders deal with all sectors and there is no inspection staff dealing exclusively with agriculture. The Committee further notes that, according to the labour inspection report, the number of inspectors working for the SVLFG continued to decrease, from 457 in 2017 to 433 in 2019 and that the number of visits conducted by the SVLFG also decrease from 59.906 in 2017 to 40.874 in 2019. In addition, the Committee notes that the number of fatal accidents in the agricultural sector is the highest after the public sector, which includes defence and social insurance administration. In this regard, the Committee requests the Government to provide the statistics concerning agricultural workers that are not subject to mandatory social insurance. It also requests the Government to provide information on the measures undertaken and planned in order to make sure that the number of labour inspectors in agriculture is sufficient to secure the effective discharge of their duties and to ensure that agricultural undertakings are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. The Committee also requests the Government to provide information on the manner in which inspectors are associated with any inquiry on the spot into the causes of accidents with fatal consequences in accordance with Article 19(2) of the Convention.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 and 129 together.

Article 3(1) and (2) of Convention No. 81 and Article 6(1),(2) and (3) of Convention No. 129. Protection of the rights of foreign workers in an irregular situation concerning their residence status and cooperation with government services and public or private institutions. In its previous comment, the Committee noted that, under section 23(3) of the Occupational Safety Act (ArbSchG), in the event of firm evidence of the employment of irregular foreign workers, labour inspectors are required to notify the immigration services. The Committee requested the Government to take steps, in conformity with Article 3(2), to ensure that the duties relating to the supervision of immigration law entrusted to labour inspectors do not interfere with the effective discharge of their primary duties. In this respect, the Government indicates in its report under Convention No. 81 that the immigration authorities continue to be responsible for the control of immigration law and that, pursuant to section 23(3) of the ArbSchG, labour inspectors are only required to notify cases to the immigration authorities if there are specific indications that a violation of the German Residence Act has incurred. In this respect the Committee recalls its 2006 General Survey on labour inspection in which it pointed out that the primary duty of labour inspectors is to protect workers and not to enforce immigration law and that any cooperation between the labour inspectorate and immigration authorities should be carried out cautiously, keeping in mind that the main objective of the labour inspection system is to protect the rights and interests of all workers, and to improve their working conditions (paragraphs 78 and 161). In this respect, the Committee also recalls that in its 2017 General Survey on certain occupational safety and health instruments it indicated that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country (paragraph 452). The Committee accordingly requests the Government to provide information on the number of cases in 2016 and 2017 in which labour inspectors have notified the immigration authorities pursuant to section 23(3) of the ArbSchG. The Committee further requests the Government to provide information on the manner in which it ensures that the obligation to notify cases to the immigration authorities does not deviate from the objective of labour inspectors to ensure the protection of workers in accordance with their primary duties as provided for in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. Noting the Government’s indication that foreign workers in an irregular situation can assert their rights before the labour courts, the Committee requests that the Government provide information on the actions taken by labour inspection services (including the provision of information and advice) to ensure the enforcement of legislation with respect to the payment of wages and other benefits for the period of the effective employment relationship of the foreign workers concerned.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Content of the annual labour inspection reports (in agriculture). The Committee notes the Government’s reference to the annual report hyperlinked in the Government’s report. The Committee notes that while the report contains some of the information required under the abovementioned Conventions, the report does not contain statistics on the number of labour inspections undertaken, the violations detected and the penalties imposed, as required under Article 21(d) and (e) of Convention No. 81, and Article 26(d) and (e) of Convention No. 129. The Committee requests the Government to ensure that the annual reports on the labour inspection services (in agriculture) contain information on all the subjects listed in Article 21(a)–(g) and Article 27(a)–(g).

Articles 4 and 21 of Convention No. 129. Coverage of certain categories of agricultural workers by labour inspection and their registration to ensure their protection through labour inspection. In its previous comment, the Committee requested the Government to provide information on labour inspections carried out in relation to seasonal workers and other atypical workers. It also requested the Government to provide information on the 2015 observations of the German Confederation of Trade Unions (DGB), raising concerns on the labour inspection coverage of apprentices, dependent workers and temporary workers in agriculture in view of inconsistencies or the absence of their registration.

In this regard, the Government indicates that, during inspections, labour inspectors regularly examine the data in workplaces concerning apprentices, seasonal workers, and full-time and part-time workers with an employment contract. It adds that employers have access to online tips and information concerning the registration and insurance requirements with regard to foreign seasonal workers. The Committee recalls that it emphasized, in paragraph 437 of its 2017 General Survey on certain occupational safety and health instruments, that an important aspect of the satisfactory coverage of workplaces liable to inspection is the availability of statistical data to enable the labour inspection services to focus interventions on priorities defined on the basis of objective criteria, for example certain categories of workers, such as young persons and migrant workers. The Committee requests the Government to provide detailed information on the system for the registration of workers in agriculture (including apprentices, dependent workers and temporary workers) and the availability of such data to the different labour inspection services with a view to devising an effective labour inspection strategy including the protection of particularly vulnerable workers.

Articles 6(1)(b), 14 and 21 of Convention No. 129. Effectiveness of labour inspection activities in agriculture. The Committee previously noted a decrease in the number of labour inspections and requested the Government to ensure that an adequate number of labour inspections are undertaken in the agricultural sector. It further requested the Government to provide comments on the observations made by the DGB in 2015 alleging: (i) the worsening of the situation in terms of the number of labour inspectors and labour inspections following the merger of nine former agricultural social insurance associations into the Social Insurance Fund for Agriculture, Forestry and Horticulture (SVLFG) in 2013 in view of mandatory cost reductions; (ii) difficulties in determining the real needs in terms of labour inspection staff in the absence of reliable data on the number of persons working in agricultural undertakings; (iii) the persistent high number of fatal accidents in agriculture resulting from the insufficient number of inspections in agricultural enterprises.

In reply to the request of the Committee to ensure an adequate number of labour inspections in agriculture, the Government refers to improved cooperation between the two entities responsible for labour inspections in agriculture (that is, the SVLFG and the inspection authorities in the Länder) and targeted actions during seasonal (harvest) work in some Länder. In reply to the observations made by the DGB, the Government indicates that: (i) the reorganization of the SVLFG has indeed resulted in a decrease in the number of labour inspections, but the labour inspections carried out by the responsible authorities in the Länder should also be taken into account (the Government indicates that, at the moment, there is no data available on the precise number of such inspections); (ii) the number of workers in agricultural undertakings being subject to mandatory social insurance was 244,642 in 2014 and 247,511 in 2015; and (iii) the number of staff at the SVLFG has only marginally decreased since the mandatory budgetary restrictions have not affected the inspection activities of the SVLFG; and staffing requirements are currently being reviewed. The Committee requests the Government to provide information on the efforts made to ensure that labour inspection statistics are reliable, and where applicable, to provide specific information on any difficulties encountered in this regard. In this respect, it requests the Government to provide detailed information on: (i) the number of workers in agricultural undertakings, including those that are not subject to mandatory social insurance; (ii) the number of labour inspectors working at the SVLFG and the labour inspection authorities in the Länder; (iii) the number of labour inspections undertaken by the SVLFG and the labour inspection authorities in the Länder during the reporting period; as well as (iv) the number of occupational accidents and cases of occupational disease reported in agriculture during the reporting period.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the German Confederation of Trade Unions (DGB), received on 4 September 2015. The Committee requests the Government to provide its comments in this regard.

Articles 6(1)(b), 14 and 21 of the Convention. Effectiveness of labour inspection activities in agriculture. The Committee recalls the joint observations made by the Union of Construction, Agriculture and Environment Workers (IG Bau) and the DGB received on 24 November 2011. According to these observations, the number of labour inspections in agricultural undertakings is insufficient to guarantee adequate occupational safety and health standards (particularly in small workplaces), and results in a number of fatal occupational accidents in this sector that is above average. In this context, the trade unions also indicated that, on average, agricultural undertakings are only inspected once every three to five years. The Committee notes that the Government, in response to the Committee’s previous request on preventive measures undertaken and their impact, refers to the 2012 report on preventive measures undertaken by the Social Insurance Fund for Agriculture, Forestry and Horticulture (SVLFG) attached to its report. It notes from the information in the SVLFG report that the numerous preventive and training activities provided in 2012 also covered areas in which a high number of fatal accidents occurred, that is animal husbandry, landscaping and horticulture, forestry, traffic and transportation routes. At the same time, the Committee notes that it appears from the statistics provided that the number of enterprises visited decreased from 96,196 in 2010 to 80,110 in 2012. It also notes from the statistics provided in this report that the number of fatal accidents and injuries decreased from 188,334 in 2002 to 164,541 in 2012. While welcoming the preventive activities as effective measures to ensure compliance with the national legislation, the Committee requests the Government to provide information about the action taken to ensure that these measures are accompanied by an adequate number of labour inspection visits of agricultural undertakings. The Committee also requests the Government to provide information on the number of labour inspections carried out and the steps taken to ensure that the conditions of work for seasonal workers and other atypical workers are the subject of labour inspections.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the joint observations made by the Union for Construction, Agriculture and Environment (IGBAU) and the German Confederation of Trade Unions (DGB) received on 24 November 2011, concerning the frequency of labour inspections in agriculture as well as occupational accidents in that sector. The Committee requests the Government to provide its comments in this respect.

In addition, the Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Article 6(1)(b) of the Convention. Preventive measures targeting types of recurrent occupational disease and industrial accidents. Prevention of occupational accidents. The Committee notes the preventive measures targeting most of the more frequent occupational diseases. Besides intensive advice provided for the purpose of reducing the risks of all occupational diseases, these information campaigns focus on respiratory diseases and diseases transmissible from animals to humans. The Committee notes in particular: (i) the implementation of a system of information (Schwarz-Weiß-Systeme) on hygiene prescriptions to prevent outside pathogenic agents from entering buildings and facilities housing animals; (ii) incentives to employers to use the new tests for rapid evaluation of the quantity of allergenic factors in cattle sheds and to provide respiratory protection equipment to persons affected whose work necessarily brings them into contact with animals; and (iii) campaigns targeting skin diseases, for the periods 2007–08 and 2008–12. The Committee also notes that one of the occupational safety objectives for the period 2008–12 is to reduce the number and seriousness of musculoskeletal disorders, and that prevention of spinal lesions is an objective for the period 2013–14.

Prevention of occupational accidents. The Committee notes, in connection with the 2008–12 objective of reducing the number and seriousness of occupational accidents, that the National Federation of the fund for the insurance and prevention of occupational accidents and diseases in agriculture (Spitzenverband der landwirtschaftlichen Berufsgenossenschaften) is now responsible, pursuant to section 143e of SGB VII (Social Code), for recording occupational accidents (number and seriousness) in detail and for devising, from the database, special preventive measures to apply in the agricultural sector.

The Committee would be grateful if the Government would continue to provide information on any developments in the policy for the prevention of occupational risks specific to agricultural work, and on the impact of the measures implemented.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 6(1)(b) of the Convention. Preventive measures targeting types of recurrent occupational disease and industrial accidents. Prevention of occupational accidents. The Committee notes with interest the preventive measures targeting most of the more frequent occupational diseases. Besides intensive advice provided for the purpose of reducing the risks of all occupational diseases, these information campaigns focus on respiratory diseases and diseases transmissible from animals to humans. The Committee notes in particular: (i) the implementation of a system of information (Schwarz-Weiß-Systeme) on hygiene prescriptions to prevent outside pathogenic agents from entering buildings and facilities housing animals; (ii) incentives to employers to use the new tests for rapid evaluation of the quantity of allergenic factors in cattle sheds and to provide respiratory protection equipment to persons affected whose work necessarily brings them into contact with animals; and (iii) campaigns targeting skin diseases, for the periods 2007–08 and 2008–12. The Committee also notes with interest that one of the occupational safety objectives for the period 2008–12 is to reduce the number and seriousness of musculoskeletal disorders, and that prevention of spinal lesions is an objective for the period 2013–14.

Prevention of occupational accidents. The Committee notes, in connection with the 2008–12 objective of reducing the number and seriousness of occupational accidents, that the National Federation of the fund for the insurance and prevention of occupational accidents and diseases in agriculture (Spitzenverband der landwirtschaftlichen Berufsgenossenschaften) is now responsible, pursuant to section 143e of SGB VII (Social Code), for recording occupational accidents (number and seriousness) in detail and for devising, from the database, special preventive measures to apply in the agricultural sector.

The Committee would be grateful if the Government would continue to provide information on any developments in the policy for the prevention of occupational risks specific to agricultural work, and on the impact of the measures implemented.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report for the period ending May 2008 and the statistical information and tables concerning labour inspection covering the period 2004–06.

Article 27(c), (d), (e) and (f) of the Convention. Scope and activities of the State inspection services and the inspection services of the Professional Association for Agriculture. The Committee notes with interest the information provided by the Government on the number of agricultural undertakings and their average size, the number of persons working in those undertakings as their principal or secondary activity, accidents entailing compulsory notification, including fatal accidents, as well as their causes, reported and recognized cases of occupational disease, as well as their causes, inspections, violations reported and the enforcement measures taken against those responsible.

Article 19. Notification of industrial accidents and cases of occupational disease. Industrial accidents. The Government indicates that in agriculture, forestry and horticulture, certain natural events and disasters have a noticeable negative effect on the number of accidents and that an analysis of fatal accidents shows that their incidence also increases with the age of the insured person. The Committee notes that a small proportion of accidents are linked to the use of machinery and installations and that the inspection services therefore provide targeted advice and information for the categories of persons who are particularly exposed, including distributing a film aimed at older workers, and verify and certify machinery and installations. It also notes with interest that, according to the Government, the resources of professional agriculture associations were increased markedly during the period 2004–06 in order to strengthen the prevention of accidents. The Committee would be grateful if the Government would provide details on the various preventive measures implemented to reduce the number and seriousness of industrial accidents and indicate the impact of such measures on the occupational safety situation during the period covered by the next report.

Article 6, paragraph 2. Monitoring of the conditions of life of agricultural workers and their families. Noting that in 2006, two children under 14 years of age were the victims of accidents, one of which was fatal, the Committee requests the Government to specify whether these accidents involved workers or persons living on an agricultural undertaking and to indicate whether officials of the State labour inspectorate or those of the Professional Association for Agriculture carry out advisory or enforcement functions regarding the application of legal provisions relating to the conditions of life of workers and their families. If so, please provide details in this regard.

Cases of occupational disease. The Committee notes that the statistics on cases of occupational disease make a distinction for 2006 between those which were reported and those which were recognized. It also notes the particular recurrence of five types of occupational disease (diseases affecting the respiratory tract, the spine and the skin, diseases transmitted from animal to man and noise-induced hearing disorders). Among the cases reported, those that were recognized were mostly diseases transmitted from animal to man (223 out of 690). In its 2008 report on the application of the Labour Inspection Convention, 1947 (No. 81), the Government announced that the reduction in the number and seriousness of skin diseases was one of the objectives relating to occupational safety for the period 2008–12. The Committee would be grateful if the Government would explain the gap between the number of cases of occupational disease reported and the number of cases recognized and indicate the practical measures implemented to reduce the factors at the origin of the most frequent diseases. It requests it to specify whether, and to what extent, the objective for 2008–12 of reducing the number and seriousness of skin diseases has been defined taking into account those diseases which specifically affect agricultural workers and to indicate the measures taken to achieve that objective for the agricultural sector and their impact.

Articles 21, 22 and 24. Frequency of inspections and follow-up. The Committee notes that the number of inspections carried out by the inspection service of the Professional Association for Agriculture decreased from 176,013 in 2004 to 157,371 in 2006 and that, during the same period, the number of fines and warnings resulting from those inspections also decreased significantly. It also notes that, following a noticeable drop between 2004 and 2005, the number of inspections carried out and cases dealt with by the State inspection services has risen and the number of fines and warnings has also increased considerably. The Committee would be grateful if the Government would provide information on the background to these developments and on the measures to which they have given rise, including their results.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Referring also to its observation under Convention No. 81, the Committee notes the Government’s report and the attached documentation. It requests the Government to provide additional information on the following points.

Articles 7 and 12, paragraph 1, of the Convention. The Committee notes that, according to the Government, in the vast majority of "Länder" the responsibility for enforcing the Occupational Safety Act in specific areas of activity has been delegated to specialized institutions ("Berufsgenossenschaften") under section 21(4) of the Protection of Labour Act. The Committee would be grateful if the Government would provide information relating to the scope of the supervisory powers of the central authority of the "Länder" concerned and indicate the manner in which the control of these activities by a central authority in the "Land" continues to be guaranteed.

Articles 26 and 27. The Committee notes with interest the statistics on occupational accidents, diseases, the active population, the number of inspectors and inspections carried out in the agricultural sector by the specialized institutions. The Committee observes however that, according to the Government, not all the "Länder" compile data specifically relating to the agricultural sector on the activities of governmental inspection services and the inspection staff. It would be grateful if the Government would provide consolidated general inspection report on inspection activities in the agricultural sector covering the country as a whole and providing full details, as required by Articles 26 and 27 of the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report. Referring to its previous comments (1993), it reminds the Government that it requested information concerning the application of the Convention in the territory of the former GDR and trusts that this information will be supplied in the Government's next report.

It notes that many labour inspection duties lie within the purview of insurance institutions. In the absence of annual inspection reports which are required to be produced, published and communicated to the ILO in conformity with Article 26 of the Convention with the content specified in Article 27(a) to (g), the Committee is not in a position to assess the degree of application of the Convention. For this purpose, it would be grateful if the Government would supply information in particular on the manner in which, in conformity with Article 7(1) and (2), labour inspection is placed under the supervision and control of a central body established at either federal level or at the level of a federated unit. With reference to the Government's report in regard to the 1996 general observation, the Committee would be grateful if the Government would supply specific information on the manner in which the statistics required by these provisions of the Convention are collected and consolidated at central level so that they can then be used for the purpose of enhancing prevention of occupational accidents and diseases.

Recalling that the preparation, publication and communication to the ILO of the annual inspection reports mentioned above should be placed under the control of a central body as defined by the Convention, the Committee emphasizes again, as it did in paragraph 109 of its 1985 General Survey on labour inspection, that the attachment of inspection systems to a central authority or body facilitates the establishment and application of a uniform inspection policy for the whole of the national territory. It would be grateful if the Government would supply information on the precise distribution of competence in regard to labour inspection in agriculture between the public labour inspection authority and the insurance institutions exercising similar functions as well as the cooperation between their respective inspection bodies. It hopes in addition that in future annual reports on the activities of the inspection services in agriculture will be regularly published and communicated to the ILO.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. The Committee notes that, as regards the application of the Convention in the territory of the former German Democratic Republic, a temporary inspection system operates involving factory inspection services and accident insurers, pending the reorganization of labour protection laws by the all-German legislature. It trusts the Government will provide full details of such new laws and would be grateful if in the meantime the Government would give further information as to how the Convention is in practice being observed in the Länder in question.

2. As regards Article 16(1)(a) and Articles 26 and 27 of the Convention, the Committee refers to its comments under Convention No. 81, made in 1992.