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Articles 6–8 of the Convention and Part IV of the report form. Implementation of employment policies and programmes. The Committee notes the Government’s indication that following in the reform of local governance in 2007, the national employment policy is targeted based on a limited number of “forward-looking targets” in areas where focused action is required in order to improve the results of the employment programmes which are monitored and followed up through the four employment regions. It also notes that at the local level, employment programmes are based on an annual employment plan, which is implemented through the new Public Employment System and whose results are monitored through results audits. The four employment regions and four regional employment councils coordinate national and local policies and programmes. The Committee further notes various measures taken under the new bodies and structure.
The Committee requests the Government to continue to provide up-to-date information concerning the application of the Convention. It would also appreciate receiving more detailed information on the functioning and the results achieved of the new system, including the information concerning:
– how effective consultation and cooperation between the public representatives of employers’ and workers’ organizations are ensured in the process of formulation and implementation of employment or labour policies at the national and local levels, such as the identification of the abovementioned “forward-looking targets”, in accordance with Article 6(2)(c) of the Convention;
– whether consideration is being given, under the new system in place since 2007, to promote the extension of the functions of labour administration to workers enumerated in Article 7 of the Convention, and
– how the bodies mentioned in the Government’s report, such as the four employment regions or the four regional employment councils may contribute to the preparation of national policy concerning international labour affairs, as provided in Article 8 of the Convention.
In connection to Part IV of the report form, the Committee would be grateful if the Government would also provide a copy of annual reports of, for instance, the National Employment Council, the National Labour Market Authority, the four employment regions and the four regional employment councils or any other national or local bodies involved in the formulation and implementation of labour policies or programmes
Article 5(a) and (b) of the Convention. Cooperation and collaboration with a view to improving the protection of agricultural workers and their family members against risks to safety and health in agricultural undertakings. The Committee notes with satisfaction the information supplied by the Government in its report received in November 2008, on the initiatives taken by the Danish Working Environment Authority with the National Centre of the Danish Agricultural Advisory Service to improve occupational safety and health and reduce the number of accidents in agricultural undertakings since the beginning of 2006, in particular to reduce the number of fatal accidents occurring in the sector. During the first half of 2008, the Danish Working Environment Authority organized meetings with stakeholders in the sector to evaluate and continue to focus on these initiatives.
The Sector Working Environment Council BAR Jord til Bord was established under the Working Environment Act to contribute to solving safety and health problems in the agricultural sector and to support safety and health measures at the sectoral and enterprise levels. Among the Council’s activities, the Government draws attention to the following activities focusing on safety and health in the agricultural sector, which are described on its web site (www.barjordtilbord.dk/):
– A survey of all work processes in order to obtain a total outline of initiatives, which may help to improve safety and health at work in the potato production process was prepared in cooperation with the United Federation of Danish Workers, the Market Garden, Agricultural and Forestry Management Employers’ Association and the National Centre of the Danish Agricultural Advisory Centre (“Safety and health at work in handling potatoes”).
– A national campaign focusing on traffic, machinery, children and accidents due to falls, as the most important causes of serious accidents in the agricultural sector.
– Numerous articles on industrial injuries caused by large animals have been written under the Health and Safety Committee of Farming, in the context of the Sector Working Environment Council BAR Jord til Bord. These articles can be downloaded from the Council’s web site.
– The Safety and Health Committee of Agriculture has revised “The Sector Guidelines on children and young persons’ work in agriculture”, approving and prohibiting tasks, working and rest periods for children and young persons, including trainees and children and young persons in family farming. The rules on young persons driving tractors and working with substances and materials are also being reviewed.
– The Safety and Health Committee of Agriculture has worked together with the Silkeborg State Forest Region on preparing tools tailored for agriculture, including material on the completion of the statutory workplace assessments (WPA), with a survey on the psychosocial working environment and job satisfaction.
With references to its 2008 observation, in which it welcomed the screening procedures established to assess the status of enterprises in relation to occupational safety and health legal requirements, the Committee notes that all agricultural enterprises with employees are subject to screening within the period 2005–11 by the general inspection services of the Danish Working Environment Authority. The screening is an unannounced visit and lasts for an average of two hours during which safety and health at work is reviewed, the aim being to identify enterprises with serious safety and health problems and to select these for more thorough inspection. On the occasion of screening activities in 2005, 2006 and 2007, the Danish Working Environment Authority issued a number of stop notices (13, 15 and 15, respectively) and improvement and immediate improvement notices (265, 338 and 222, respectively), while guidance was given in 166, 169 and 55 cases, respectively, primarily linked to risks of accidents, the effort required, ergonomic safety and health problems, and chemical and biological risks.
The Committee duly notes the information supplied by the Government in its report for the period ending 31 May 2007 in reply to previous comments and the documentation attached, as well as the documentation received by the ILO in October 2008. It also notes the legislative developments which have occurred since 2005, particularly the consolidation of Act No. 268 of 18 March 2005 on the Working Environment, and Act No. 175 of 27 February 2007 amending the same Act with the texts adopted for their implementation.
Articles 10, 11, 12, 13 and 16 of the Convention. Good practice in monitoring occupational safety and health. Impact of publicity given to enterprises and rational management of labour inspection resources. The Committee notes with satisfaction the procedure established by the Government with a view to ensuring rational and effective management of the human resources and means of the labour inspection services for monitoring the situation of enterprises with regard to occupational safety and health. The implementation of this procedure enables, firstly, the rapid identification of enterprises requiring closer inspection by the Working Environment Authority and, secondly, the granting of a mark of recognition to enterprises which have distinguished themselves with a high level of occupational safety and health. The Committee hopes that dissemination of the details of the procedure in six languages on the Working Environment Authority’s web site (www.at.dk) will set an example for the labour inspectorates of other countries.
In 2005, the Working Environment Authority focused its inspection activities on four priority areas: (1) enterprises performing activities entailing a high risk of fatal or serious accidents; (2) enterprises where the work involves heavy lifting; (3) enterprises performing activities involving repetitive or monotonous movements; and (4) enterprises performing activities entailing psychological risks. However, additional unannounced inspections may also be undertaken to prevent enterprises from considering that they are not subject to inspection and failing to take the necessary safety and health measures.
The procedure that has been established entails an initial evaluation of occupational safety and health conditions by means of screening based on investigations undertaken by the inspection services, individual evaluations carried out in writing by the enterprises themselves and compliance with legal obligations such as the establishment of a safety department in enterprises employing more than ten workers. All enterprises liable to inspection are screened periodically.
When the results of the screening are published on the Authority’s web site, the date of screening and a symbol are displayed beside the name of each enterprise that has been screened. The symbols used are a series of “smileys” which clearly show the situation of the enterprise in terms of safety and health, as follows:
– a green “smiley” means that the enterprise is considered to have no issues or only minor issues in relation to safety and health and therefore does not require any specific inspection;
– a yellow frowning “smiley” means that the enterprise has some safety and health issues and requires advice from a health and safety consultant with a view to rectifying them;
– a red frowning “smiley” means that an enterprise has major issues, necessitating advice from the Working Environment Authority and has received an improvement notice with a fixed deadline.
The yellow or red symbol is removed from enterprises which have resolved the issues in question with the assistance of the Working Environment Authority.
– a green “smiley” with a crown indicates enterprises which, at their own request, have been inspected by the qualified bodies of the Working Environment Authority, have fulfilled the special conditions imposed for this purpose and obtained a safety and health certificate which is valid for up to three years. Barring exceptional cases, these enterprises are exempt from screening.
The publicity given to the results of screening and to the awards made for particular achievements by enterprises in terms of safety and health conditions clearly acts as an incentive for enterprises seeking to promote a positive public image.
The Committee takes note of the Government’s report and the abundant documentation attached. It notes in particular with satisfaction the information that one of the awards from the European Good Practice Award 2005 was given to a Danish project about noise in agriculture and that more information about the project is available on www.stojiilandbruget.dk. It also notes that the Sector Working Environment Council issues many publications about improving health and safety in agriculture and has started many initiatives to improve health and safety conditions. The more recent initiatives are available on www.barjordtilbord.dk.
The Committee also notes with interest that the National Working Environment Authority has issued a report on the judgements regarding working environment legislation delivered in 2000 by the Danish High Court pointing out that the majority of these cases were regarding danger of accidents, for example working with dangerous machinery, defects in transport equipment and cranes, illegal handling of items, danger of falling and collision, as well as danger of explosion and fire. Information on relevant judgements by the Danish High Court for the period 2000-05 are available on the web site of the National Working Environment Authority.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes with interest the detailed report supplied by the Government and the attached documents. It notes, however, that statistics on violations and the penalties imposed are not supplied, as required by Article 21(e) and notes the high number of industrial accidents and cases of occupational disease. The Committee would be grateful if the Government would indicate the comparison between the violations observed and the large number of industrial accidents and cases of occupational disease and provide any relevant information on measures taken or envisaged in practice to improve industrial safety and health conditions in establishments at risk.
The Committee notes that the local authorities and the health authorities, not the Working Environment Service, are responsible for ensuring compliance with the legal requirements for compulsory schooling of young workers. With reference to Article 6 of the Convention, the Government indicates that legislation does not assign the labour inspectors to any advisory or enforcement functions in respect of legal provisions relating to living conditions of workers and their families. The Committee notes the information in the report to the effect that the Act on certain working conditions in agriculture (Act No. 415 of 1 June 1994) governs matters of board and lodging of employees performing domestic or agricultural work. Noting in addition that, under section 74 of the Working Environment Act, the Minister of Labour may delegate some of the Working Environment Service’s tasks to other government authorities or private institutions, the Committee would be grateful if the Government would indicate whether the programme Clean Working Environment 2005 which is mentioned in its report contains measures involving action by the labour inspectors and to specify how supervision is effected regarding application of the abovementioned Act No. 415 of 1994. Finally, the Government is requested to supply information on the measures taken in application of section 74 of the Working Environment Act in regard to the matters covered by the provisions of this Convention.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:
Referring also to its observation, the Committee notes that the local authorities and the health authorities, not the Working Environment Service, are responsible for ensuring compliance with the legal requirements for compulsory schooling of young workers. With reference to Article 6 of the Convention, the Government indicates that legislation does not assign the labour inspectors to any advisory or enforcement functions in respect of legal provisions relating to living conditions of workers and their families. The Committee notes the information in the report to the effect that the Act on certain working conditions in agriculture (Act No. 415 of 1 June 1994) governs matters of board and lodging of employees performing domestic or agricultural work. Noting in addition that, under section 74 of the Working Environment Act, the Minister of Labour may delegate some of the Working Environment Service’s tasks to other government authorities or private institutions, the Committee would be grateful if the Government would indicate whether the programme Clean Working Environment 2005 which is mentioned in its report contains measures involving action by the labour inspectors and to specify how supervision is effected regarding application of the abovementioned Act No. 415 of 1994. Finally, the Government is requested to supply information on the measures taken in application of section 74 of the Working Environment Act in regard to the matters covered by the provisions of this Convention.
The Committee notes the Government’s detailed report on the application of the Convention and the considerable volume of documentation attached. In particular, it notes with interest the information supplied relating to the 1999 general observation under this Convention and Convention No. 81 concerning the extremely positive role that can be played by the labour inspectorate against undue exploitation of child labour. In this regard, the Committee notes that the measures taken by the Government to protect the safety and health of children in the agricultural sector cover young workers but also children living at agricultural undertakings and hence facing the risks inherent in the particular living conditions that predominate in the sector. The Committee also notes with particular interest the active participation of the social partners in informing the inspection authorities on the identification of such hazards. Noting that the Ministry of Labour has launched a programme entitled: "Clean Working Environment 2005" focused particularly on the campaign for the safety of children and young people, the Committee requests the Government to supply information on the progress of this programme and its impact on the campaign against undue exploitation of child labour in the agricultural sector.
The Committee is raising other points linked to the application of the Convention in a direct request to the Government.
With reference to its previous direct request the Committee asks the Government to continue to provide information on the work of the Working Environment Service and to send copies of annual inspection reports published in conformity with the Convention.
Articles 20 and 21 of the Convention. The Committee notes that the publications entitled Working Environment in Focus and The Danish Working Environment in Figures 1992 mentioned in the most recent report of the Government as enclosed have not reached the Office. Please provide copies of these documents, as well as copies of regular annual inspection reports published in conformity with the Convention.
Articles 26 and 27 of the Convention. The Committee notes that the publication entitled Det gronne omräde (the green sector) mentioned in the Government's most recent report as having been sent has not been received by the Office. Please provide a copy of this document, along with copies of all annual inspection reports relating to agriculture as they are published in accordance with the Convention.