Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 129) sur l'inspection du travail (agriculture), 1969 - France (Ratification: 1972)

With reference to its 2004 observation, the Committee notes with satisfaction the publication in February 2010, after validation by the National Council of Labour Inspection, of a collective work on “Principles of Deontology for Labour Inspection” the preparation of which had been initiated in 2004 under the direction of the Central Support and Coordination Mission for the External Labour and Employment Services (MICAPCOR) and had continued with ILO technical support. The working group which elaborated this tool was mainly composed of representatives of the labour inspection at various levels, as well as other structures of the Ministry of Labour. The ILO and the National Centre of Scientific Research (CNRS) were also represented. The Committee notes with interest the statement made in the book’s preface by the Minister of Labour, social relations, family, solidarity and cities, that “deontology reinforces the coherent action of the labour inspection agents at all hierarchical levels ... as it protects the citizens themselves from the risks of arbitrariness”. The Committee also notes that according to the Minister, “the principle of independence of labour inspection does not signify only a right for the agents concerned, but also a guarantee for the citizens who are able to benefit from an organized public service which is not subject to any undue external influence”.

Article 6(3) of the Convention. Duties additional to the supervision of working conditions and the protection of workers. Involvement of the labour inspectorate in combating illegal work. The Committee notes that a series of communications from the Single National Union-work, employment, training and professional integration SNU-TEF (FSU), including one received at the ILO on 6 July 2010 about the involvement of labour inspectors in joint operations to combat illegal work pursuant to the interministerial circular of 2 June 2010 No. NOR-IMIM1000102NC concerning the combat as it affects foreign nationals, concern the application of the Convention. Furthermore, it notes the information sent by the Government in reply to the Committee’s previous comments and to the matters raised by the abovementioned organization regarding the circular, the provisions of which likewise concern workers with no residence permit employed in agricultural undertakings. The Committee accordingly asks the Government to refer to its observation under the Labour Inspection Convention, 1947 (No. 81), and asks it to take the measures requested and to provide, in so far as it concerns the application of this Convention, relevant information on the reshaping of interinstitutional cooperation on the policy to combat the illegal employment of foreigners without residence permits and the role of labour inspectors in agricultural undertakings.

Article 7(3). Integration of the system of labour inspection in agriculture into a common labour inspection system. The Committee notes that the process to merge labour inspectorates (agriculture, maritime, transport, labour) has been speeded up since 1 January 2009. It notes that one of the Recommendations made as a result of the merger experiment conducted in two departments, was to maintain or create an inspection sector for agriculture in each department. According to the Government, the number of visits to agriculture undertakings should be maintained.

The Committee notes, however, that according to section R8122-9 of the Labour Code, one section in each department is responsible for supervision of agricultural occupations unless an order or the ministers responsible for agriculture and labour provides otherwise. The Government states that such an order was issued on 23 July 2009 allowing a waiver from the obligation to create or maintain an agriculture section in 14 departments (Alpes de Hautes Provence, Hautes-Aples, Ariège, Corse-du-Sud, Creuse, Haute-Loire, Lozère, Nièvre, Hautes-Pyrénées, Territoire de Belfor, Val d’Oise, Guyane, Martinique, La Réunion.).

The report on the activities of labour inspection in agriculture shows that the total number of interventions in the sector dropped in 2008 to 23,368, as compared to 24,342 previously. A drop was noted in particular in the regions where the departments exempted from the obligation are located (Rhône-Alpes: ‑130 inventions, Pays de la Loire: -126 interventions). No information has been provided on non-metropolitan territories (overseas departments and St Pierre and Miquelon). The Committee requests the Government to provide information on the measures taken to ensure that interventions in agricultural undertakings are maintained at a level at least equal to that prevailing prior to the merger, particularly in departments where an agricultural inspection section has not been maintained or created. The Government is asked to include figures showing the activities of the labour inspectorate for the period covered by the next report, including figures for the overseas regions covered by the Convention. The Committee furthermore asks the Government to indicate the measures taken to ensure that the labour inspection services remain visible and accessible to employers and workers in the agriculture sector, particularly in departments where an agricultural section of the inspectorate has not been maintained or set up.

Articles 11 and 19. Associating experts in the work of labour inspection in agriculture. In its previous observation concerning Guadeloupe, the Committee requested the Government to provide details of the reasons underlying the enquiries into the use of pesticides in banana plantations. It notes that according to the Government, there were 61 interventions in Guadeloupe, of which 54 were controls. Furthermore, nine controls targeted sales outlets for phytosanitary products. It does not, however, indicate either the reasons for the enquiries into pesticides, or the results of the inquiries or the content of the 97 observations on safety and health to which the Government refers. The Committee requests the Government to send in its next report the results of the enquiries and research conducted on the use of pesticides. The Government is also asked to specific the measures taken for the safety and health of all workers particularly for the purpose of eliminating all risks to the safety and health of workers in banana plantations.

Article 19. Occupational accidents and cases of occupational disease. The Committee notes with interest the campaigns carried out in Réunion to alert farmers to phytosanitary risks, and the controls carried out in the use of phytosanitary products in the overseas territories. The Government refers to the particular risk facing agriculture workers in Réunion but also all workers in the overseas territories, which are wet zones, where exposure to leptospirosis is high. The Committee notes that occupational accidents and cases of occupational disease are clearly under reported in Guyana. The Government is asked to provide information on:

–           the impact of the information campaigns and controls carried out on the use of phytosanitary products in the agricultural undertakings of the overseas departments covered by the Convention;

–           the measures taken to alert employers, workers and members of health professions to the need to observe procedures for reporting occupational accidents and cases of occupational disease;

–           the follow up to the controls of sales outlets for phytosanitary products.

The Government is also asked to take specific measures for preventing the risk of leptospirosis infection for agricultural workers and to provide information on these measures and on the activities of the labour inspectorate in this area.

The Committee is raising other points in a request addressed directly to the Government.