Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Safety and Health in Agriculture Convention, 2001 (No. 184) - Argentina (Ratification: 2006)

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA), received by the ILO on 2 September 2015.

Article 4(1) and (2)(b) of the Convention. National policy. In its previous comments, the Committee requested the Government to provide further information on the principles and priorities of its national occupational safety and health policy, the consultations held and any legislative changes. The Committee notes with interest the information provided by the Government in its report concerning a draft resolution of the Occupational Risk Supervisory Authority (SRT), which provides for activities relating to agrarian work based on the provisions of the Convention. The Committee notes the Government’s indications that consultations are yet to be held with the social partners concerned for subsequent approval and decision. The Government indicates that, although the resolution has not been adopted, inspections in agrarian work are conducted pursuant to Decree No. 617/97 of 7 July 1997. The Committee requests the Government to send copies of the new draft resolution on the SRT, which includes occupational safety and health activities relating to agrarian work based on the provisions of the Convention.

Article 4(2)(c). Mechanisms for inter-sectoral coordination among relevant authorities and bodies for the agricultural sector. In its previous comments, the Committee requested the Government to describe the mechanisms of coordination among the various authorities concerned with the Convention and to indicate whether the National Commission for Rural Work (CNTR) continues to operate. The Committee notes that, according to the Government, the mechanisms of coordination between the various competent bodies in this area are channelled through the National Agricultural Labour Committee (CNTA), a tripartite standard-setting body, established by Act No. 26727, the new “Agricultural Workers’ Statute”, of 21 December 2011 (Title XIII, Chapter I, section 84), which operates under the authority of the Ministry of Labour, Employment and Social Security. The Committee once again asks the Government to indicate if the CNTR is continuing to operate and, if so, what its functions are.

Article 6(2). Two or more employers in an agricultural workplace. Duty to cooperate in applying the safety and health requirements. The Committee requests the Government to indicate the manner in which the new draft resolution of the SRT, which provides for activities relating to occupational safety and health in the agrarian sector based on the provisions of the Convention, gives effect to this Article of the Convention.

Article 7(a). Appropriate assessments and adoption of preventive and protective measures on the basis of the results. The Committee requests the Government to indicate the manner in which the new draft resolution of the SRT, which provides for activities relating to occupational safety and health in agrarian sector based on the provisions of the Convention, ensures that assessments are conducted of occupational safety and health hazards for workers for: (a) employers insured under employment risk insurance schemes (ART); (b) self-insured employers; and (c) uninsured employers.

Article 11(1) and (2). Risk assessment, consultation and establishment of safety and health requirements for the handling and transport of materials. In its previous comments, the Committee requested the Government to provide information on risk assessment, consultation and establishment of safety and health requirements for the handling and transport of materials. The Committee notes the Government’s reference to the draft resolution of the SRT on the maximum limits for the transfer, pushing or pulling of heavy objects. The Committee requests the Government to send a copy of the draft resolution of the SRT on the maximum limits for the transfer, pushing or pulling of heavy objects once it has been adopted and to provide information on the risk assessments and consultations carried out during its preparation.

Article 14. Protection against biological risks. In its previous comments, the Committee requested the Government to provide information on the manner in which the legislation ensures that risks such as those of infection, allergy or poisoning are prevented or kept to a minimum in the context of protection against biological risks. The Committee notes the Government’s indication that the draft legislation on agrarian work includes preventive measures against biological risks which shall be implemented by the employers. The Committee requests the Government to indicate the manner in which the new draft resolution of the SRT, which establishes additional provisions for occupational safety and health in the agrarian sector in line with the Convention, gives effect to this Article.