Safety and Health in Agriculture Convention, 2001 (No. 184) - Burkina Faso (Ratification: 2009)

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

The Committee notes the observations of the National Confederation of Workers of Burkina (CNTB), received on 25 August 2015, according to which the activities of the Workers’ Health Office are limited to the formal sectors and are carried out among workers in major urban centres. In addition, the CNTB alleges that the Centres for Health and Social Promotion (CSPS), whose purpose is to ensure the health of the population, do not cover the whole country. The Committee requests the Government to provide its comments in this regard.

The Committee notes the information provided by the Government in its report in reply to its previous request concerning the application of Article 7(c) of the Convention on immediate steps taken by the employer to stop any operation where there is an imminent danger.

Article 4(1). Formulation of a coherent national policy on safety and health in agriculture. The Committee notes the Government’s indication, in response to its previous comments, that the national policy on occupational safety and health is integrated into the national labour policy, in programme No. 4, which sets out three objectives: the prevention of occupational risks; the reduction of the worst forms of child labour; and the fight against sexually transmitted diseases, HIV/AIDS and tuberculosis in the workplace. It adds that this programme covers all areas, including agriculture, and that the operational action plan of the national labour policy is under implementation. The Committee requests the Government to provide detailed information on specific activities undertaken within the framework of the implementation of programme No. 4, aimed at preventing occupational accidents and injury to health in the agricultural sector, and on the results achieved.

Article 12(c). Suitable system for the safe collection, recycling and disposal of chemical waste. The Committee notes that, in response to its previous comments, the Government refers once again to sections 18 and 19 of Decree No. 2011-883/PRES/PM/MFPTSS/MICA/MAH/MEDD of 24 November 2011 establishing measures for the distribution and use of substances and preparations for industrial use that pose dangers to workers, and indicates that these sections give effect to Article 12(c) of the Convention. The Committee notes, however, that the obligations and responsibilities defined in these sections apply to employers only. It recalls that the implementation of Article 12(c) requires the adoption of measures by the competent authority to ensure a suitable system for the safe collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals to prevent them from being reused and to eliminate or minimize the risks to safety and health of the population and to the environment. The Committee requests the Government to provide detailed information on the practical measures taken by the competent authority to ensure the implementation and maintenance of such a system.

Article 14. Protection against biological risks. Further to its previous comment, the Committee notes the Government’s reference to Decree No. 2011 883 and Decree No. 2011-928/PRES/PM/MFPTSS/MS/MATDS of 24 November 2011 setting out the general measures on occupational safety and health. The Committee nevertheless notes that these Decrees contain no specific provisions to prevent or keep to a minimum risks such as those of infection, allergy or poisoning relating to the handling of biological agents or to ensure compliance with national or other health and safety standards concerning activities involving animals, livestock and stabling areas. The Committee requests the Government to specify the legislative or regulatory provisions that ensure the protection of agricultural workers against biological risks and risks related to contact with animals.

Articles 9(2) and (3) (safety information regarding the use of machinery); 10 (use of machinery); 11 (handling and transport of materials); 15 (agricultural installations); 16 (young persons and hazardous work); 18 (women workers); and 20 (organization of hours of work). In relation to the application of these provisions, the Committee notes the Government’s reference to Decree No. 2011 928, and to Order No. 2011 1556/MFPTSS/SG/DGPS/DSST of 28 December 2011 establishing the list of equipment subject to periodic checks, and to Order No. 2014-050/MFPTSS/MICA of 9 September 2014 on the exhibition, sale or transfer of different machines, devices or installations that pose a danger to workers. The Committee notes, however, that the Government provides no indication regarding the specific provisions of these regulatory texts which give effect to the Convention. The Committee therefore once again requests the Government to provide detailed information on the manner in which effect is given to the abovementioned Articles of the Convention, by specifying, in particular, the relevant provisions of the regulatory texts referenced. It also requests the Government to forward a copy of Order No. 2014-050.

Application in practice. The Committee notes that the Government’s report contains no information on the manner in which the Convention is applied in practice. The Committee, therefore, once again requests the Government to provide general indications on the manner in which the Convention is applied in practice and, if such data exist, any information relating to the number of workers protected by the relevant legislation, the number and nature of infringements reported, and the number, nature and cause of accidents reported in the context of agricultural activity.

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

Legislation. The Committee notes the Government’s indication in its report that it has not yet adopted any specific legislation to regulate safety and health in agriculture and that the provisions of existing legal texts, albeit not specific to this area, give full effect to the provisions of the Convention. The Committee would like to emphasize that the full application of the Convention calls for the adoption of legislation that specifically covers occupational safety and health (OSH) in agriculture. The Committee requests the Government to keep the Committee informed of all progress made in this regard.

Article 4(1) of the Convention. Adoption of a coherent national policy. The Committee notes the Government’s indications that national labour policy defines government policy on OSH in all enterprises established in Burkina Faso. It also notes that section 6 of Decree No. 2011-715 establishing the structure and functioning of the National Advisory Technical Committee on Occupational Safety and Health provides that this tripartite committee is responsible for issuing suggestions and opinions on the regulation of OSH and that it gives its views on the direction and implementation of national policy for the prevention of occupational risks. However, the Government does not supply any information on existing OSH policy in agriculture. The Committee wishes to remind the Government of its obligation under Article 4(1) of the Convention to formulate, carry out and periodically review a coherent national OSH policy in agriculture, after consulting the representative organizations of employers and workers concerned. The Committee requests the Government to supply information on the measures taken or contemplated to adopt a coherent OSH policy in agriculture, and also on the consultations held in this area with the social partners and, if applicable, to send the relevant legal texts relating to this policy.

Article 7(c). Immediate steps to stop any operation where there is an imminent danger. The Committee notes that section 247(2) of the Labour Code provides that, after being notified that a situation poses an imminent and serious danger to safety and health, the employer cannot ask workers to return to their posts as long as the danger persists. It also notes that sections 71 and 72 of Decree No. 2011-928 establishing general OSH measures stipulate that workplaces must be designed in such a way as to allow evacuation where necessary. However, these provisions do not impose any obligation on the employer to take immediate steps to stop any operation where there is an imminent and serious danger or to evacuate workers, as required by Article 7(c) of the Convention. The Committee requests the Government to provide information on any laws or regulations that give effect to this Article of the Convention.

Article 12(c). Suitable system for the safe collection, recycling and disposal of chemical waste. The Committee notes that, according to section 18 of Decree No. 2011-883, the employer must ensure that residues of dangerous substances or preparations and waste are withdrawn from workplaces and stored safely before being removed and treated according to the environmental standards in force and, according to section 19, these substances or their containers must be handled or treated in order to eliminate or minimize the risks to safety and health and to the environment. However, it notes that the report does not contain any information on the system established for the safe collection, recycling and disposal of chemical waste, as required by Article 12(c) of the Convention. The Committee requests the Government to supply details of the steps taken to ensure a suitable system for the safe collection, recycling and disposal of chemical waste, obsolete chemicals and empty containers of chemicals.

Article 14. Protection against biological risks. The Committee notes that section 15 of Decree No. 2011-883 imposes the obligation on the employer to designate a competent person responsible for assessing the risks connected with dangerous substances or preparations and to implement appropriate protective measures, while sections 20–23 describe the protective and preventive measures to be implemented by the employer. However, it notes that the legislation referred to in the report does not appear to contain provisions ensuring that risks, such as those of infection, allergy or poisoning, are prevented or kept to a minimum when biological agents are handled, and activities involving animals, livestock and stabling areas comply with national standards, in accordance with Article 14 of the Convention. The Committee requests the Government to provide information on the measures adopted to give full effect to these provisions of the Convention and to provide copies of any relevant legislative texts.

Article 21. Coverage against occupational injuries and diseases. The Committee notes that section 255 of the Labour Code stipulates that every employer shall ensure health protection for his workers. However, the information provided does not allow the Committee to evaluate the effect given to this provision of the Convention. The Committee requests the Government to send detailed information on the coverage provided by an insurance or social security scheme against occupational injuries and diseases for workers in agriculture.

Total absence of information on the application of certain provisions. The Committee notes that the Government has not supplied any information on measures giving effect to the following Articles of the Convention: Article 9(2) and (3) (information on machinery safety); Article 10 (use of machinery); Article 11 (handling and transport of materials); Article 15 (agricultural installations); Article 16 (young workers and hazardous work); Article 18 (women workers); and Article 20 (working time arrangements). The Committee requests the Government to provide detailed information on the relevant laws and regulations or any other measures that give effect to these Articles of the Convention.

Application of the Convention in practice. The Committee notes that, according to the Government, between 80 and 85 per cent of the population of the country (which stood at 16.93 million inhabitants in 2013, according to the World Bank), namely between 13.54 and 14.39 million persons, work in agriculture. The Committee requests the Government to supply a general description of the manner in which the Convention is applied in practice and, if such data exist, any information relating to the number of workers protected by the measures giving effect to the Convention, the number and nature of infringements reported, and the number, nature and cause of accidents reported in the context of agricultural activity.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Legislation. The Committee notes the information in the first report submitted by the Government including the copy of Decree No. 2011 883/PRES/PM/MFPTSS/MICA/MAH/MEDD on measures relating to the distribution and use of hazardous substances and preparations for industrial use attached thereto. It also notes the reference made by the Government to the following legislation: Act No. 041/96 ADP of 8 November 1996, which establishes pesticide control in Burkina Faso, amended by Act No. 006-98/AN of 26 March 1998; Decree No. 98-472/PRES/PM/AGRI, which establishes the powers, structure and operating rules of the National Commission on the Control of Pesticides (CNPC), amended by Decree No. 2005-051/PRES/PM/MAHRH of 7 February 2005; Order No. 2007-00001/MAHRH/SG/DGPV of 19 January 2007 which establishes appointment of full and alternate members of the CNPC; Decree No. 2008-679/PRES/PM/MARHRH/MCPEA of 27 October 2008, which establishes conditions for issuance of licences to formulators, reconditioners, distributors, retailers and pesticide application service providers; Decree No. 2008/PRES/PM/MARHRH/MRA/MCPEA/MEF/MECV of 13 October 2008, which establishes control of the various life cycles, transit and reconditioning of pesticides; Order No. 99-0041/MA/MEF of 13 October 1999, which establishes pricing of the fixed applicable duty regarding pesticide control, amended by joint Order No. 2009-011/MAHRH/MEF of 8 April 2009; Order No. 99-0042/MA/MEF of 13 October 1999, which establishes the distribution of applicable duty products regarding pesticide control, amended by Order No. 2009 041/MAHRH/MEF of 28 December 2009. It notes however these latter texts were not made available to the Committee. The Committee also notes that the Government refers to its ratification of the following treaties and other instruments: International Code of Conduct on the Distribution and Use of Pesticides (FAO, 2002); Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (FAO/UNEP, 1998); Stockholm Convention on Persistent Organic Pollutants (UNEP, 2001); Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal; Common Regulation for States parties to the Permanent Interstate Committee for Drought Control in the Sahel on pesticide homogenization (CILSS, 1999); Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa.

Articles 12 and 13 of the Convention. Sound management of chemicals. The Committee notes that while the report submitted is not a detailed report pursuant to the report form, the Committee concludes from the legislation submitted that partial effect is given to Articles 12 and 13 of the Convention, in particular so far as pesticides are concerned. The Committee requests the Government to provide further information as to the specific provisions of the referenced legislation which it considers give effect to the provisions of these articles.

Detailed report on the application of the Convention. The Committee notes that the Government’s first report on the application of this Convention does not, as required, indicate in detail the provisions of the relevant laws and regulations which give effect to each article of the Convention. The Committee further notes that the referenced legislation does not seem to address the application of any other provisions than Articles 12 and 13 of the Convention. Against this background, the Committee requests the Government to submit a detailed report on the basis of Parts I–VII of the report form, including details regarding the provisions of relevant laws and regulations etc. or other measures, which give effect to each article of the Convention.

[The Government is asked to report in detail in 2013.]