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C184 Safety and Health in Agriculture Convention, 2001 
</font></h3><font size=-2>
Convention concerning the Safety and Health in Agriculture 
(Note: This Convention has not yet come into force:) 
<br>Convention:C184 
<br>Place:Geneva 
<br>Session of the Conference:89 
<br>Date of adoption:21:06:2001 
<br>
        <br> 
</FONT><p> 
The General Conference of the International Labour Organization,<p>
Having been convened at Geneva by the Governing Body of the International 
Labour Office, and having met in its 89th Session on 5 June 2001, and<p>
Noting the principles embodied in the relevant international labour 
Conventions and Recommendations, in particular the Plantations Convention and 
Recommendation, 1958, the Employment Injury Benefits Convention and 
Recommendation, 1964, the Labour Inspection (Agriculture) Convention and 
Recommendation, 1969, the Occupational Safety and Health Convention and 
Recommendation, 1981, the Occupational Health Services Convention and 
Recommendation, 1985, and the Chemicals Convention and Recommendation, 1990, 
and<p>
Stressing the need for a coherent approach to agriculture and taking into 
consideration the wider framework of the principles embodied in other ILO 
instruments applicable to the sector, in particular the Freedom of Association 
and Protection of the Right to Organise Convention, 1948, the Right to 
Organise and Collective Bargaining Convention, 1949, the Minimum Age 
Convention, 1973, and the Worst Forms of Child Labour Convention, 1999, and 
Noting the Tripartite Declaration of Principles concerning Multinational 
Enterprises and Social Policy as well as the relevant codes of practice, in 
particular the code of practice on recording and notification of occupational 
accidents and diseases, 1996, and the code of practice on safety and health in 
forestry work, 1998, and<p>
Having decided upon the adoption of certain proposals with regard to safety 
and health in agriculture, which is the fourth item on the agenda of the 
session, and<p>
Having determined that these proposals shall take the form of an international 
Convention;<p>
adopts this twenty-first day of June of the year two thousand and one the 
following Convention, which may be cited as the Safety and Health in 
Agriculture Convention, 2001.<p>
<p>
<p> 
<p>
I. SCOPE<p>
<p>
Article 1<p>
<p>
For the purpose of this Convention the term <i> agriculture </i> covers 
agricultural and forestry activities carried out in agricultural undertakings 
including crop production, forestry activities, animal husbandry and insect 
raising, the primary processing of agricultural and animal products by or on 
behalf of the operator of the undertaking as well as the use and maintenance 
of machinery, equipment, appliances, tools, and agricultural installations, 
including any process, storage, operation or transportation in an agricultural 
undertaking, which are directly related to agricultural production.<p>
<p>
Article 2<p>
<p>
For the purpose of this Convention the term <i> agriculture </i> does not cover:<p>
<p>
(a) subsistence farming;<p>
<p>
(b) industrial processes that use agricultural products as raw material and 
the related services; and<p>
<p>
(c) the industrial exploitation of forests.<p>
Article 3<p>
<p>
1.  The competent authority of a Member which ratifies the Convention, after 
consulting the representative organizations of employers and workers 
concerned:<p>
<p>
(a) may exclude certain agricultural undertakings or limited categories of 
workers from the application of this Convention or certain provisions thereof, 
when special problems of a substantial nature arise; and<p>
<p>
(b) shall, in the case of such exclusions, make plans to cover progressively 
all undertakings and all categories of workers.<p>
<p>
2.  Each Member shall list, in the first report on the application of the 
Convention submitted under article 22 of the Constitution of the International 
Labour Organization, any exclusions made in pursuance of paragraph 1(a) of 
this Article giving the reasons for such exclusion. In subsequent reports, it 
shall describe the measures taken with a view to extending progressively the 
provisions of the Convention to the workers concerned.<p>
<p>
II. GENERAL PROVISIONS<p>
Article 4<p>
<p>
1.  In the light of national conditions and practice and after consulting the 
representative organizations of employers and workers concerned, Members shall 
formulate, carry out and periodically review a coherent national policy on 
safety and health in agriculture. This policy shall have the aim of preventing 
accidents and injury to health arising out of, linked with, or occurring in 
the course of work, by eliminating, minimizing or controlling hazards in the 
agricultural working environment.<p>
<p>
2.  To this end, national laws and regulations shall:<p>
<p>
(a) designate the competent authority responsible for the implementation of 
the policy and for the enforcement of national laws and regulations on 
occupational safety and health in agriculture;<p>
<p>
(b) specify the rights and duties of employers and workers with respect to 
occupational safety and health in agriculture; and<p>
<p>
(c) establish mechanisms of inter-sectoral coordination among relevant 
authorities and bodies for the agricultural sector and define their functions 
and responsibilities, taking into account their complementarity and national 
conditions and practices.<p>
<p>
3.  The designated competent authority shall provide for corrective measures 
and appropriate penalties in accordance with national laws and regulations, 
including, where appropriate, the suspension or restriction of those 
agricultural activities which pose an imminent risk to the safety and health 
of workers, until the conditions giving rise to the suspension or restriction 
have been corrected.<p>
<p>
Article 5<p>
<p>
1.  Members shall ensure that an adequate and appropriate system of inspection 
for agricultural workplaces is in place and is provided with adequate means.<p>
<p>
2.  In accordance with national legislation, the competent authority may 
entrust certain inspection functions at the regional or local level, on an 
auxiliary basis, to appropriate government services, public institutions, or 
private institutions under government control, or may associate these services 
or institutions with the exercise of such functions.<p>
<p>
III. PREVENTIVE AND PROTECTIVE MEASURES<p>
<p>
GENERAL<p>
Article 6<p>
<p>
1.  In so far as is compatible with national laws and regulations, the 
employer shall have a duty to ensure the safety and health of workers in every 
aspect related to the work.<p>
<p>
2.  National laws and regulations or the competent authority shall provide 
that whenever in an agricultural workplace two or more employers undertake 
activities, or whenever one or more employers and one or more self-employed 
persons undertake activities, they shall cooperate in applying the safety and 
health requirements. Where appropriate, the competent authority shall 
prescribe general procedures for this collaboration.<p>
<p>
Article 7<p>
<p>
In order to comply with the national policy referred to in Article 4 of the 
Convention, national laws and regulations or the competent authority shall 
provide, taking into account the size of the undertaking and the nature of its 
activity, that the employer shall:<p>
<p>
(a) carry out appropriate risk assessments in relation to the safety and 
health of workers and, on the basis of these results, adopt preventive and 
protective measures to ensure that under all conditions of their intended use, 
all agricultural activities, workplaces, machinery, equipment, chemicals, 
tools and processes under the control of the employer are safe and comply with 
prescribed safety and health standards;<p>
<p>
(b) ensure that adequate and appropriate training and comprehensible 
instructions on safety and health and any necessary guidance or supervision 
are provided to workers in agriculture, including information on the hazards 
and risks associated with their work and the action to be taken for their 
protection, taking into account their level of education and differences in 
language; and<p>
<p>
(c) take immediate steps to stop any operation where there is an imminent and 
serious danger to safety and health and to evacuate workers as appropriate.<p>
<p>
Article 8<p>
<p>
1.  Workers in agriculture shall have the right:<p>
<p>
(a) to be informed and consulted on safety and health matters including risks 
from new technologies;<p>
<p>
(b) to participate in the application and review of safety and health measures 
and, in accordance with national law and practice, to select safety and health 
representatives and representatives in safety and health committees; and<p>
<p>
(c) to remove themselves from danger resulting from their work activity when 
they have reasonable justification to believe there is an imminent and serious 
risk to their safety and health and so inform their supervisor immediately. 
They shall not be placed at any disadvantage as a result of these actions.<p>
<p>
2.  Workers in agriculture and their representatives shall have the duty to 
comply with the prescribed safety and health measures and to cooperate with 
employers in order for the latter to comply with their own duties and 
responsibilities.<p>
<p>
3.  The procedures for the exercise of the rights and duties referred to in 
paragraphs 1 and 2 shall be established by national laws and regulations, the 
competent authority, collective agreements or other appropriate means.<p>
<p>
4.  Where the provisions of this Convention are implemented as provided for by 
paragraph 3, there shall be prior consultation with the representative 
organizations of employers and workers concerned.<p>
<p>
MACHINERY SAFETY AND ERGONOMICS<p>
Article 9<p>
<p>
1.  National laws and regulations or the competent authority shall prescribe 
that machinery, equipment, including personal protective equipment, appliances 
and hand tools used in agriculture comply with national or other recognized 
safety and health standards and be appropriately installed, maintained and 
safeguarded.<p>
<p>
2.  The competent authority shall take measures to ensure that manufacturers, 
importers and suppliers comply with the standards referred to in paragraph 1 
and provide adequate and appropriate information, including hazard warning 
signs, in the official language or languages of the user country, to the users 
and, on request, to the competent authority.<p>
<p>
3.  Employers shall ensure that workers receive and understand the safety and 
health information supplied by manufacturers, importers and suppliers.<p>
<p>
Article 10<p>
<p>
National laws and regulations shall prescribe that agricultural machinery and 
equipment shall:<p>
<p>
(a) only be used for work for which they are designed, unless a use outside of 
the initial design purpose has been assessed as safe in accordance with 
national law and practice and, in particular, shall not be used for human 
transportation, unless designed or adapted so as to carry persons; and<p>
<p>
(b) be operated by trained and competent persons, in accordance with national 
law and practice.<p>
<p>
HANDLING AND TRANSPORT OF MATERIALS<p>
<p>
Article 11<p>
<p>
1.  The competent authority, after consulting the representative organizations 
of employers and workers concerned, shall establish safety and health 
requirements for the handling and transport of materials, particularly on 
manual handling. Such requirements shall be based on risk assessment, 
technical standards and medical opinion, taking account of all the relevant 
conditions under which the work is performed in accordance with national law 
and practice.<p>
<p>
2.  Workers shall not be required or permitted to engage in the manual 
handling or transport of a load which by reason of its weight or nature is 
likely to jeopardize their safety or health.<p>
<p>
SOUND MANAGEMENT OF CHEMICALS<p>
Article 12<p>
<p>
The competent authority shall take measures, in accordance with national law 
and practice, to ensure that:<p>
<p>
(a) there is an appropriate national system or any other system approved by 
the competent authority establishing specific criteria for the importation, 
classification, packaging and labelling of chemicals used in agriculture and 
for their banning or restriction;<p>
<p>
(b) those who produce, import, provide, sell, transfer, store or dispose of 
chemicals used in agriculture comply with national or other recognized safety 
and health standards, and provide adequate and appropriate information to the 
users in the appropriate official language or languages of the country and, on 
request, to the competent authority; and<p>
<p>
(c) there is a suitable system for the safe collection, recycling and disposal 
of chemical waste, obsolete chemicals and empty containers of chemicals so as 
to avoid their use for other purposes and to eliminate or minimize the risks 
to safety and health and to the environment.<p>
<p>
Article 13<p>
<p>
1.  National laws and regulations or the competent authority shall ensure that 
there are preventive and protective measures for the use of chemicals and 
handling of chemical waste at the level of the undertaking.<p>
<p>
2.  These measures shall cover, inter alia:<p>
<p>
(a) the preparation, handling, application, storage and transportation of 
chemicals;<p>
<p>
(b) agricultural activities leading to the dispersion of chemicals;<p>
<p>
(c) the maintenance, repair and cleaning of equipment and containers for 
chemicals; and<p>
<p>
(d) the disposal of empty containers and the treatment and disposal of 
chemical waste and obsolete chemicals.<p>
<p>
ANIMAL HANDLING AND PROTECTION AGAINST BIOLOGICAL RISKS<p>
<p>
Article 14<p>
<p>
National laws and regulations shall ensure 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 or other recognized health and safety 
standards.<p>
<p>
AGRICULTURAL INSTALLATIONS<p>
<p>
Article 15<p>
<p>
The construction, maintenance and repairing of agricultural installations 
shall be in conformity with national laws, regulations and safety and health 
requirements.<p>
<p>
IV. OTHER PROVISIONS<p>
<p>
YOUNG WORKERS AND HAZARDOUS WORK<p>
<p>
Article 16<p>
<p>
1.  The minimum age for assignment to work in agriculture which by its nature 
or the circumstances in which it is carried out is likely to harm the safety 
and health of young persons shall not be less than 18 years.<p>
<p>
2.  The types of employment or work to which paragraph 1 applies shall be 
determined by national laws and regulations or by the competent authority, 
after consultation with the representative organizations of employers and 
workers concerned.<p>
<p>
3.  Notwithstanding paragraph 1, national laws or regulations or the competent 
authority may, after consultation with the representative organizations of 
employers and workers concerned, authorize the performance of work referred to 
in that paragraph as from 16 years of age on condition that appropriate prior 
training is given and the safety and health of the young workers are fully 
protected.<p>
<p>
TEMPORARY AND SEASONAL WORKERS<p>
<p>
Article 17<p>
<p>
Measures shall be taken to ensure that temporary and seasonal workers receive 
the same safety and health protection as that accorded to comparable permanent 
workers in agriculture.<p>
<p>
WOMEN WORKERS<p>
<p>
Article 18<p>
<p>
Measures shall be taken to ensure that the special needs of women agricultural 
workers are taken into account in relation to pregnancy, breastfeeding and 
reproductive health.<p>
<p>
WELFARE AND ACCOMMODATION FACILITIES<p>
<p>
Article 19<p>
<p>
National laws and regulations or the competent authority shall prescribe, 
after consultation with the representative organizations of employers and 
workers concerned:<p>
<p>
(a) the provision of adequate welfare facilities at no cost to the worker; and 
<p>
(b) the minimum accommodation standards for workers who are required by the 
nature of the work to live temporarily or permanently in the undertaking.<p>
<p>
WORKING TIME ARRANGEMENTS<p>
<p>
Art< 
Hours of work, night work and rest periods for workers in agriculture shall be 
in accordance with national laws and regulations or collective agreements.<p>
<p>
COVERAGE AGAINST OCCUPATIONAL INJURIES AND DISEASES<p>
<p>
Article 21<p>
<p>
1.  In accordance with national law and practice, workers in agriculture shall 
be covered by an insurance or social security scheme against fatal and 
non-fatal occupational injuries and diseases, as well as against invalidity 
and other work-related health risks, providing coverage at least equivalent to 
that enjoyed by workers in other sectors.<p>
<p>
2.  Such schemes may either be part of a national scheme or take any other 
appropriate form consistent with national law and practice.<p>
<p>
  
<p>
Article 22<p>
<p>
The formal ratifications of this Convention shall be communicated to the 
Director-General of the International Labour Office for registration.<p>
<p>
Article 23<p>
<p>
1.  This Convention shall be binding only upon those Members of the 
International Labour Organization whose ratifications have been registered 
with the Director-General of the International Labour Office.<p>
<p>
2.  It shall come into force 12 months after the date on which the 
ratifications of two Members have been registered with the Director-General.<p>
<p>
3.  Thereafter, this Convention shall come into force for any Member 12 months 
after the date on which its ratification has been registered.<p>
<p>
Article 24<p>
<p>
1.  A Member which has ratified this Convention may denounce it after the 
expiration of ten years from the date on which the Convention first comes into 
force, by an act communicated to the Director-General of the International 
Labour Office for registration. Such denunciation shall not take effect until 
one year after the date on which it is registered.<p>
<p>
2.  Each Member which has ratified this Convention and which does not, within 
the year following the expiration of the period of ten years mentioned in the 
preceding paragraph, exercise the right of denunciation provided for in this 
Article, will be bound for another period of ten years and, thereafter, may 
denounce this Convention at the expiration of each period of ten years under 
the terms provided for in this Article.<p>
<p>
Article 25<p>
<p>
1.  The Director-General of the International Labour Office shall notify all 
Members of the International Labour Organization of the registration of all 
ratifications and acts of denunciation communicated by the Members of the 
Organization.<p>
<p>
2.  When notifying the Members of the Organization of the registration of the 
second ratification communicated to him, the Director-General shall draw the 
attention of the Members of the Organization to the date upon which the 
Convention shall come into force.<p>
<p>
Article 26<p>
<p>
The Director-General of the International Labour Office shall communicate to 
the Secretary-General of the United Nations, for registration in accordance 
with article 102 of the Charter of the United Nations, full particulars of all 
ratifications and acts of denunciation registered by the Director-General in 
accordance with the provisions of the preceding Articles.<p>
<p>
Article 27<p>
<p>
At such times as it may consider necessary, the Governing Body of the 
International Labour Office shall present to the General Conference a report 
on the working of this Convention and shall examine the desirability of 
placing on the agenda of the Conference the question of its revision in whole 
or in part.<p>
<p>
Article 28<p>
<p>
1.  Should the Conference adopt a new Convention revising this Convention in 
whole or in part, then, unless the new Convention otherwise provides -<p>
<p>
(a) the ratification by a Member of the new revising Convention shall ipso 
jure involve the immediate denunciation of this Convention, notwithstanding 
the provisions of Article 24 above, if and when the new revising Convention 
shall have come into force;<p>
<p>
(b) as from the date when the new revising Convention comes into force, this 
Convention shall cease to be open to ratification by the Members.<p>
<p>
2.  This Convention shall in any case remain in force in its actual form and 
content for those Members which have ratified it but have not ratified the 
revising Convention.<p>
<p>
Article 29<p>
<p>
The English and French versions of the text of this Convention are equally 
authoritative.<p>
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