Occupational Safety and Health on Farms

Agricultural Social Insurance Fund - Kasa Rolniczego Ubezpieczenia Społecznego (KRUS)

dr. Monika A. Król – Vice-Director of Legal and Organizational Office

December 2014 r.

Aim of the presentation

TO SHOW LEGAL SOLUTIONS

CONCERNING OCCUPATIONAL SAFETY AND HEALTH RULES

FOR FARMERS RUNNING FARMS AS SELF-EMPLOYED

AND THEIR HOUSEHOLD MEMBERS

Agenda of the presentation

1. Self-employed farmers and the causes of accidents involving farmers in Poland

2. Legal basis of occupational safety and health in agriculture

a) International regulations

b) EU regulations

c) Recommendations of the European Agency for Safety and Health at Work as well as the International Social Security Association

d) Recommendations of the European Federation of Agricultural Workers’ Trade Union

e) Polish regulations

3. Occupational Safety and Health in agriculture as a preventive task of the Agricultural Social Insurance Fund

4. Conclusions

Self-employed farmers in PolandA considerable majority of individual farmers (family farms) compared with the number of agricultural enterprises hiring workers is a characteristic feature of agriculture in Poland.

According to the data of the Central Statistical Office from 2011 a total of 2,325.1 thousand individuals worked in agriculture, including

-96.1 thousand of individuals hired on a job contract basis,

-11.7 thousand – members of agricultural production co-operatives,

-the remaining 2,216.2 thousand individuals include owners, co-owners, and tenants of individual farms.

Working in agriculture is particularly dangerous and poses many threats resulting in accidents, and consequently in health or life loss.

Farmers who run family farms and do not hire anyone on a job contract basis, are not subject to the regulations of the Polish Labour Code and thus they are not subject to implementing rules on occupational safety and health.

Accidents in agricultural work

„Accident at work” – is a sudden event caused by external factors that occurred during actions related to farming activities or while performing farming activities:

1. on the farm owned by insured where he/she permanently works, or in the household that is directly related to the farm, or

2. on the way from the household to or back from the farm, or

3. during regular farming-related activities or activities related to their completion outside the farm, or

4. on his/her way to or back from the place of completion of the above mentioned activities.

Accidents in agricultural work

The definition of an accident is not closely connected with the agricultural work, but with the agricultural activity, the work of family members and often with an indissoluble relation of agricultural activity with the household.

Not only farmers themselves, but also their household members, suffer from accidents – including women, children, and elderly persons

Causes of accidentsAccording to KRUS’ data, the causes of accidents are as follows:

I. Wrong organization of work (75% of accidents) due to:1) invalid workplace organization,2) improper animal handling, life conditions and animal reactions,3) disuse of personal protective equipment by farmers,4) lack of or improper use of machines, equipment and tools.

II. Improper condition of machines, equipment and buildings (12.19%):1) Construction defects or improper technical and ergonomic designs of machines, tools and equipment in home-made machines,2) improper condition of buildings.

III. Other causes (12.81%) – inadequate work pace, haste, an insufficient focus on the performed work, excessive physical effort and physical incapacity, as well as weather conditions.

Index of accidents

Accident rate in 2013

ILO regulations- Convention no. 12 signed in Geneva on 12 November

1921 concerning Workmen’s Compensation in Agriculture,

- Convention no. 25 signed in Geneva on 15 June 1927 concerning Sickness Insurance for Agricultural Workers,

- Convention no. 155 adopted in Geneva on 3 June 1981 concerning Occupational Safety and Health and the Working Environment,

- Convention no. 184 adopted by the General Conference of the ILO on 21 June 2001 concerning Occupational Safety and Health in Agriculture together with the ILO’s Recommendations no.192,

- Convention no. 188 adopted by the General Conference of the ILO on 14 June 2007 concerning the Work in the Fishing Sector.

ILO regulations

International Occupational Safety and Health Information Centre CIS was established within the International Labour Organization and manages the implementation of the ILO Programme on Safety and Health at Work and the Environment  (Safework).

The Polish National Centre CIS was established in 1960 and its function is performed by the Central Institute for Labour Protection – National Research Institute.

European Union regulations

1. EU strategies on occupational safety and health

o The EU strategy on occupational safety and health for 2002 – 2006 entitled – „Adapting to change in work and society: a new Community strategy on health and safety at work”,

o The EU strategy on occupational safety and health for 2007 – 2012 entitled – „Health and safety at work improving quality and productivity at work”,

Long-run program for Poland: „Adaptation of Working Conditions in Poland to European Union Standards”.

o The EU strategy on occupational safety and health for 2014 – 2020

EU strategy on occupational safety and health for 2007 – 2012

Promoted a new attitude towards Occupational Safety and Health1) the use of a set of various instruments, 2) involving all units that operate within occupational safety and health;3) global attitude towards comfort at work, 4) taking into account new threats, in particular threats of social and psychological nature;5) shifting the importance towards practical execution of community legislative regulations6) undertaking other preventive measures aiming at the decrease of accidents at work and the rate of occupational diseases;7) member states are more and more dependent on each other,

preventive actions undertaken in one state have a positive influence

on the situation in other EU states it enforces true compliance with Europe-wide occupational safety

and health requirements and a true improvement of working

conditions.

EU strategy on occupational safety and health for 2014 – 2020

Seven main strategic aims:

1.Further consolidation of domestic strategies for safety and health.

2.Providing practical support for micro and small-sized enterprises.

3.Better regulation compliance by member states.

4.Facilitating applicable legislation in order to eliminate the redundant administrative burden while keeping a high level of workmen’s safety and health at the same time.

5.Solving the issues of European workforce aging and more effective prevention of occupational diseases in order to work against the existing and new threats, e.g. in the sector of nanomaterials, as well as environmental technologies and bio-technology.

6.Improvement of statistical data collection in order to obtain better evidence and develop monitoring tools.

7.Better co-ordination with international organizations (such as the International Labour Organization (ILO), World Health Organization (WHO) and Organization for Economic Co-operation and Development (OECD) as well as partners with the intention to decrease the number of accidents at work and occupational diseases, as well as the improvement of working conditions across the globe.

EU strategy on occupational safety and health for 2014 – 2020Aim – promotion of high standards of working conditions both in Europe and abroad, in accordance with the Europe 2020 strategy

Three main challenges of safety and health at work:

1. Improving the implementation of obligatory occupational safety and health regulations, in particular by increasing the ability of micro and small-sized enterprises to introduce effective and successful strategies of risk prevention

2. Improving the prevention of occupational diseases by dealing with the existing and new threats;

3. Considering the process of EU workforce aging.

European Union regulations

2. UE Directives on occupational safety and healtho Council Directive 89/391/EEC dated 12th June 1989 on the

introduction of measures to encourage improvements in the safety and health of workers at work,

o Council Directive 89/654/EEC on minimum safety and health requirements for the workplace,

o Council Directive 89/655/EEC dated 30th November 1989 on the minimum safety and health requirements for the use of work equipment by workers at work,

o Council Directive 93/103/EC dated 23rd November 1993 on the minimum safety and health requirements for work on board fishing vessels,

o Directive 2001/45/EC of the European Parliament and of the Council on the minimum safety and health requirements for the use of work equipment by workers working at heights

o Directive 2009/104/EC of the European Parliament and of the Council dated 16th September 2009 on the minimum safety and health requirements for the use of work equipment by workers at work.

European Union regulations3. Recommendations for safety and health at work

o EU Council Recommendation of 18 February 2003 on the improvement of the protection of safety and health at work of self-employed workers,

-fully concerning persons working on farms, indicating that the self-employed individuals shall have the same safety and health conditions provided at work as workers hired on job contract basis.

- agriculture is indicated in the recommendation (besides fishing, transportation and construction industry) as a type of activity connected with higher risk and a high number of self-employed recorded.

Summary

1.The EU Regulations on occupational safety and health in agriculture are fragmentary.

2.Since, there is so far a legal act missing related to this sector of the economy and dealing with the self-employed.

3.Regulations introduced in a form of Directives and supplemented by soft law acts such as recommendations, include only minimum requirements concerning occupational safety and health in agriculture.

Recommendations of the European Agency for Safety and Health at Work (EU-OSHA) as well as the International Social Security Association (ISSA)1. Safety and health at work

• Agriculture has the worst rate of fatal accidents in all sectors of the economy.

2. The problem of child protection against accidents at work in agriculture

• Prevention of drowing,• Prevention of accidents involving farm machinery,• Prevention of accidents involving vehicles,• Preserving of general safety measures.

3. The issue of women’s protection against accidents at work in agriculture

• Adopting a neutral attitude towards gender while assessing the risk and undertaking preventive measures may cause the increasing of threat to female workers.

Recommendations of the European Federation of Agricultural Workers’ Union (EFA)EFA proclamation„Better protection of health and safety of agricultural workers”

Postulate so that• occupational safety and health regulations shall cover not only workers, but also self-employed individuals running farms

• the risk for women, children and elderly people living on family farms is reflected in the labour legislation.

Polish regulationOccupational safety and health regulations concerning works in individual sectors of agriculture:

1. National Development Strategy for 2007 – 2015, where a Priority 3 was formulated „The growth of employment and its quality”

measure: „Improvement of safety and conditions of work”

2. Constitution of the Republic of Poland – Art. 24, Art. 66, Art. 68,

3. Act dated 26th June 1974, Labour Code – Chapter 13

4. Regulation of the Minister of Labour and Social Policy dated 26 September 1997 on general regulations on occupational safety and health

Implementation of Directives

Directive 89/654/EEC concerning the minimum safety and health requirements for the workplace was implemented into the Polish law by:

- Act dated 26 June 1974, Labour Code, Section 10, „Safety and health at work”

- Regulation of the Minister of Labour and Social Policy dated 26 September 1997 on general regulations regarding safety and health at work,

- Regulation of the Minister of Infrastructure dated 12 April 2002 on technical conditions to be met by buildings and their location,

- Regulation of the Minister of Internal Affairs and Administration dated 21 April 2006 on fire protection of buildings.

Requirements determined in the Directive were largely incorporated in the Polish law much earlier and the above mentioned Regulation of the Minister of Labour and Social Policy dated 26 September 1997 on general regulations regarding safety and health at work, has supplemented the scope of the regulations to a small degree with new regulations arising from the Directive.

Labour Code

Pursuant to the Article 237 of Labour Code, authorities managing control over enterprises or other state or self government organizational units are obliged to undertake activities for shaping safe and healthy working conditions, in particular:

1) provide support while the performance of tasks related to occupational safety and health,

2) assess, at least annually, the condition of safety and health at work and determine the areas for improvement,

3) if needed and whenever possible – initiate and run scientific research on safety and health at work.

Occupational Safety and Health Regulations related to work in individual sectors of agricultureMinister of Agriculture and Rural Development issued regulations concerning the issue of occupational safety and hygiene at work in individual sectors of agriculture, in particular:- Regulation of the Minister of Agriculture and Food Economy of 8 May 1997 on occupational safety and hygiene in the production of vegetable oils,- Regulation of the Minister of Agriculture and Food Economy of 27 June 1997 on occupational safety and hygiene in storing, processing of grain and the production of feed of plant origin,- Regulation of the Minister of Agriculture and Food Economy of 26 October 1998 on occupational safety and hygiene in the processing of milk and milk-derived products,- Regulation of the Minister of Agriculture and Food Economy of 12 January 1998 on occupational safety and hygiene in the use of tractors, machines, tools and technical devices applied in agriculture,- Regulation of the Minister of Agriculture and Food Economy of 9 March 1999 on occupational safety and hygiene in sugar production,

Occupational Safety and Health Regulations related to work in individual sectors of agriculture

- Regulation of the Minister of Agriculture and Food Economy of 10 March1999 on occupational safety and hygiene while slaughtering animals and in meat processing,

- Regulation of the Minister of Agriculture and Rural Development of 26 September 2001 on occupational safety and health in processing potatoes,

- Regulation of the Minister of Agriculture and Rural Development of 28 September 2001 on occupational safety and hygiene when handling livestock,

- Regulation of the Minister of Agriculture and Rural Development of 17 June 2002 on occupational safety and health in sugar industry enterprises,

- Regulation of the Minister of Agriculture and Rural Development of 24 June 2002 on occupational safety and health in the use and storage of plant protection products and mineral as well as organic-mineral fertilizers,

- Regulation of the Minister of Agriculture and Rural Development of 10 February 2003 on occupational safety and health in fruit and vegetables processing enterprises,

Occupational Safety and Health Regulations related to work in individual sectors of agriculture- Regulation of the Minister of Agriculture and Rural

Development of 12 May 2003 on occupational safety and health when operating ammonia-based refrigeration facilities in agrofood enterprises,

- Regulation of the Minister of Agriculture and Rural Development of 22 October 2003 on occupational safety and health in food concentrates enterprises,

- Regulation of the Minister of Agriculture and Rural Development of 23 June 2004 on occupational safety and health in brewing and sparkling beverage enterprises,

- Regulation of the Minister of Agriculture and Rural Development of 23 December 2004 on occupational safety and health in spirit industry enterprises.

Occupational Safety and Health on individual farms

There is not even a framework legal regulation available at the European level concerning occupational safety on farms for self-employed

Polish regulation lacks a uniform normative legal act incorporating a set of generally applicable principles concerning occupational safety and health on farms for farmers and household members

However the following regulations are applicable:

- Regulation of the Minister of Agriculture and Food Economy of 12 January 1998 on occupational safety and hygiene in the use of tractors, machines, tools and technical devices applied in agriculture,

- Regulation of the Minister of Agriculture and Rural Development of 28 September 2001 on safety and hygiene when handling livestock,

- Regulation of the Minister of Agriculture and Rural Development of 24 June 2002 on occupational safety and health in the use and storage of plant protection products and mineral as well as organic-mineral fertilizers,

- Regulation of the Minister of Environment of 24 August 2006 on occupational safety and hygiene in carrying out some work in the field of forestry.

Occupational Safety and Health versus instruments supporting the development of rural areas Occupational safety and hygiene rules do not constitute the

requirements of cross compliance.

However, framers who apply for funding of advisory services within the measure „Use of advisory services by farmers and forest holders” under the RDP for 2007 – 2013, besides comprehensive assessment of farms in view of cross compliance, are also obliged to assess the farm in view of compliance with occupational safety and hygiene regulations.

However, the assessment run within such advisory services is of an educational nature.

A farmer has no financial responsibility if safety and health regulations are not met as it is in the case of non-compliance with cross compliance rules.

The scope of compliance assessment of occupational safety and health requirements

BHP. 1. General safety rules for farms No.

Detailed principles Actions during assessment of a farm compliance

BHP.1.1. Assessment of accidents’ risk and the working environment is run annually in co-operation with partners.

Monitoring whether the assessment of accidents’ risk and the working environment is run annually in co-operation with partners. Whether the detected irregularities are removed – interview with a farmer – the interview result shall be recorded.

BHP.1.2. A farm has a dedicated safe playground for children.

Monitoring whether a farm has a dedicated safe playground for children and whether the children are provided with safety education – if it applies to an individual farm (record the facts).

BHP.1.3. A farmer and individuals working on a farm participated in training on occupational safety and health.

Monitoring whether a farmer and individuals working on a farm participated in training on occupational safety and health – interview with the farmer (enter the date, provider, and a document confirming such a fact).

The scope of compliance assessment of occupational safety and health requirements BHP.1.4. There is an individual on a farm

with first aid skill. Monitoring whether there is an individual with first aid skill on the farm – interview with the farmer (enter the date, provider, and a document confirming such a fact).

BHP.1.5. Individuals co-running the farm are covered by insurance against accidents.

Monitoring whether individuals co-running a farm have ASIF contributions paid - interview with the farmer (enter any other potential insurance policies, contracts, date of entry, date of expiry).

BHP.1.6. A farm has a third party liability insurance for farmers being the owners of the farm.

Monitoring whether a farm has the obligatory insurance and the farmer knows about the consequences of the lack of such insurance (enter the insurance number, agreement no., date of entry, date of expiry).

The scope of compliance assessment of occupational safety and health requirements BHP.1.7. A farm has an insurance of farm buildings. BHP.1.8. A farm has an insurance of crops and livestock. BHP.1.9. The scope of works carried out

by adolescent workers is met as well as the prohibition of the employment of children.

Monitoring whether the scope of works carried out by adolescent workers as well as the prohibition of the employment of children is met and the farmer is aware of the consequences of violating such a prohibition – interview with the farmer – result of the interview shall be recorded.

The scope of compliance assessment of occupational safety and health requirements BHP.1.10. The surface of the grounds,

farmyards and roads within the farm perimeter is even (paved) and well-lighted.

Monitoring whether the surface of grounds, farmyards, passages and roads within the farm perimeter is even (paved) and well-lighted due to the most frequent accidents – on-site verification – record the result of the verification.

BHP.1.11. Wells and openings of sewage canals are covered with solid covers.

Monitoring whether wells and openings of sewage canals are covered with solid covers - on-site verification – record the result of the verification.

Obligatory social security in Poland

Compensations due to accidents in agricultural work or agricultural disease paid from the social security of farmers are as follow:

- One-time compensation due to health damage suffered by the insured due to an accident in agricultural work or agricultural disease as well as one-time compensation for family members of the insured if the accident or disease caused death, paid from insurance against accidents, sickness insurance and maternity insurance,

- Farmer’s disability pension due to accident in agricultural work or agricultural occupational disease as well as a survivors' benefit for family members of the insured who died in the result of such an accident or disease, paid from pension and old-age insurance.

Occupational Safety and Health in agriculture as the KRUS’ preventive measureThe Agricultural Social Insurance Fund (KRUS):1)Analyzes the causes of occupational accidents and diseases;

2)Delivers free-of-charge voluntary training sessions and instructions for the insured on the principles of health and life protection on a farm;

3)Disseminates knowledge among the insured about the risk of accidents in agricultural work, occupational diseases and the principles of health and life protection ;

4)Undertakes efforts aiming at proper production and distribution of safe measures used in agriculture as well as equipment and protective clothing for farmers.

Occupational Safety and Health in agriculture as the KRUS’ preventive measureIn 1995 the Principles of health and life protection in agriculture were established. In 2008 the Principles were adjusted to the legal provisions and good agriculture practices applicable in the UE states.

Pursuant to the Article 56 of the Farmers Social Security Act, the President of ASIF may claim from suppliers of goods and services for agriculture, being the sole or the main cause of an accident in agricultural work or an occupational disease, reimbursement of the insurance benefits paid to farmers being the victims.

Occupational Safety and Health in agriculture as the KRUS’ preventive measureThe President of KRUS determined the policy of preventive measures of the Fund:

1) Supporting the decrease of the number of accidents resulting in people falling down, being caught in moving parts of machines, including accidents in wood harvest and industrial woodworking;2) Adjusting preventive measures to the agricultural production prevalent in a given region as well as related accident and occupational disease threats;3) Informing children and youth as well as their parents about the list of particularly dangerous works that children aged less than 15 should not perform and pointing at the risks present in a rural environment;4) Promoting amongst farmers, safe goods and personal protection, use of which decreases or eliminates accident risks;

Occupational Safety and Health in agriculture as the KRUS’ preventive measure5) Influencing rural society with regard to focusing the attention to agricultural work safety and improving working conditions and aesthetics of farmyards by running competitions for safe farms;

6) Delivering training sessions joined with shows where farmers may get to know the principles of operation and good exploitation of machines and their use in practice;

7) Inspiring the rescue services and other dedicated persons to train farmers and their children in first aid skills;

8) Co-operating with institutions and organizations as well as rural initiatives in the area of accidents at work and occupational disease prevention.

Occupational Safety and Health in agriculture as the KRUS’ preventive measureOrganizational units of the KRUS are obliged to:

1) Plan activities based on the analysis of accidents’ causes, safety conditions of farms within the region and the assessment of the effectiveness of current activities;2) Run activities that will influence the increase of farmers’ awareness in relation to the application of the principles of safe work in farms;3) Aim the activities mainly at all insured in KRUS and their family members; intensify activities that influence the elimination of the causes of accidents from the group of events with the highest rate of occurrence, thus eliminating direct accident risk and improving safety conditions at farmers’ work station;

Occupational Safety and Health in agriculture as the KRUS’ preventive measure4) Regular monitoring of the accuracy of the

determination of causes and circumstance of accidents reported to the organizational units of KRUS, selection of efficient forms of prevention relevant with the existing threats and involving in the activities the biggest possible number of rural area inhabitants;

5) Analysis of the effectiveness of prevention activities focused on the decrease of the number of accidents resulting from people falling down.

KRUS’ help for the insured after accidents at work

This is a support focused on the use of various forms of rehabilitation. Rehabilitation therapy is the only KRUS’ in-kind benefit which means:

1) Providing rehabilitation therapy in own rehabilitation centres (the therapy is financed by Krus and is directed to the insured farmers in productive age if their capability of agricultural work after an accident can be restored);2) Facilitating (financial, in-kind and organizational help) the rehabilitation in the place of residence of insured as a continuation of the therapy provided in rehabilitation centres;3) Facilitating the improvement of diagnostics in rural health clinics.

Conclusions

• The biggest importance in relation to the regulations at an international level shall be attributed to conventions and recommendations of the International Labour Organization and the Programme on Safety and Health at Work introduced since the interwar period.

2. We are lacking at the UE level an absolutely obligatory legal regulation on safety and health at work by self-employed farmers;

3. Moreover, UE have not yet developed a directive relating directly to the issue of occupational safety and health in agriculture, which should be obligatory for all member states.

Conclusions

4. Polish legal regulations do not provide sufficient protection to individuals working in agriculture, in particular to individual self-employed farmers. Poland has not found so far an effective legal form according to which a proven and confirmed rules of safe work could have been applied in relation to farmers. No funding scheme of this system has been developed so far.

5. We are lacking sufficient legal protection of working conditions in agriculture of women who are co-owners or household members of such households.

Conclusions6. We are lacking legal regulation relating to the issue of

the recorded accidents of children in farms in connection with the agricultural activity run, both referring to ex ante and ex post. The practice of making safety declarations and risk assessment shall be spread – a document assessing the fact of managing the issues of occupational safety and health on farms.

7. An important factor that motivates a farmer to run the farm in compliance with safety and health regulations could be the fact that financial support and its amount (subsidies) would depend on compliance with the requirements of the safety of the activities and working conditions in a given farm.Such a set of recommendations has been included among others in minimum requirements of cross-compliance for farms.

Conclusions

8. The current legal state indicates that substantial powers are given to the Labour Inspectorate bodies.

Inspectors may exercise the right to enter a farm in order to run inspection activities, post-accident investigation and other legal measures, e.g. issue orders, suspend the works and participate in administrative and criminal proceedings.

Labour Inspectorates undertake various activities pursuant to the regulations applicable in many states, such as: preventive, instructing, training and advisory activities as well as initiating and publishing research on occupational safety and health.

Thank you for your attention…

…and…

Merry Christmas and Happy New Year!!!