Lao

Legal Document

Title: Decision of the Minister on Good Agriculture Practices for Worker Health, Safety and Welfare Standard No. 0540/MAF
Type: Decision
Issuing Agency: Ministry of Agriculture and Forestry
Responsible Agency: Ministry of Agriculture and Forestry
Issuing Date : 09-02-2011


INDEX

Part I - General Provision

Article 1. Objective
Article 2. Good Agriculture Practices for Worker Health, Safety and Welfare Standard
Article 3. Definitions
Article 4. Scope

Part II - Worker Health, Safety and Welfare Standard

Article 5. Use of chemicals for worker health, safety and welfare
Article 6. Harvesting and handling produce
Article 7. Working conditions
Article 8. Worker welfare
Article 9. Training
Article 10. References and other records
Article 11. Review of practices

Part III - Labeling and Sealing

Article 12. Sealing
Article 13. Labeling

Part IV - Certification of Good Agriculture Practices for Worker Health, Safety and Welfare Module

Article 14. Certification of Good Agriculture Practices

Part V - Rewards and Sanctions

Article 15. Rewards
Article 16. Sanctions

Part VI - Final provisions

Article 17. Implementation
Article 18. Effectiveness


LAO PEOPLE’S DEMOCRATIC REPUBLIC
Peace Independence Democracy Unity Prosperity

Ministry of Agriculture and Forestry  No 0540/MAF
Vientiane, dated 09/02/2011

Agreement of the Minister on Good Agriculture Practices for Worker Health, Safety and Welfare Standard

- Pursuant to the Law on Agriculture, No. 1/98 LNA, dated 10 October 1998;
- Pursuant to the Degree of Prime Minister, No. 148/PMO, dated 10 May 2007 on the Organization and Role of Ministry of Agriculture and Forestry;
- Referred to letter of Department of Agriculture, No.1176/DOA, dated 09 November 2010.

Part I
General Provision

Article 1. Objective
   This decision is provisioned as a tool for supervised Good Agriculture Practice Standards for Worker Health, Safety and Welfare Module in order to protect the welfare and benefits of Workers. Top

Article 2. Good Agriculture Practices for Worker Health, Safety and Welfare Standard
   Good Agriculture Practices for Worker Health, Safety and Welfare Standard has adopted from ASEANGAP. This Standard included requirements for workers in order to protect rights and benefits, safety and social welfare of workers in Lao PDR. Top

Article 3. Definitions
   Terms used in this regulation shall be interpreted as follows:

  1. Standard A specific identifications requirements of produces, products, service, processing and environment related to quality.
  2. Good agriculture practice Practices used to prevent or reduce the risk of hazards occurring during production, harvesting, postharvest handling of produce.
  3. Chemicals substances The fertilizers, pesticides, hormone, waxing soil, additives.
  4. Other chemical The fuels, oils, and other non-agrochemicals
  5. Cleaning The removal of soil, dirt, grease or other foreign matter.
  6. Competent authority The public and private authority that has authorized to develop or inspection standard and regulation as well as policy. i.e Department of Agriculture; Department of  Food and Drug.
  7. Product name A commercial/trademark name of product.
  8. User A practical person who use fertilizers, medicines and chemicals. Top

Article 4. Scope
   This agreement is applicable for persons, juristic persons, families and organizations that apply Good Agriculture Practices Standards for producing fresh fruit and vegetables in Lao PDR. Top

Part II
Worker Health, Safety and Welfare Standard

Article 5. Use of chemicals for worker health, safety and welfare

  1. Chemicals are handle and applied by authorized workers with appropriate knowledge and skills.
  2. Chemicals are stored in a well light, sound and secure structure, with only authorized people allowed access. The structure is located and constructed to minimise the risk of contaminating workers and equipped with emergency facilities in the event of a chemical spill.
  3. Chemicals are stored in the original container with a legible label and according to label directions or instructions from a competent authority. If a chemical is transferred to another container, the new container is clearly marked with the brand name, rate of use and with holding period.
  4. Where there is a significant risk of chemical contamination of workers, Material Safety Data Sheets or safety instructions from chemical labels are readily available.
  5. Facilities and first aid measures are readily available to treat workers contaminated with chemicals.
  6. Accident and emergency instructions are documented and displayed in a prominent location within or close to the chemical storage area.
  7. Workers handling and applying chemicals and entering newly sprayed sites are equipped with suitable protective clothing and equipment for the chemical used.
  8. Protected clothing is cleaned and stored separately from crop protection products.
  9. Access to sites where chemicals are being applied or newly applied is restricted for and appropriate period relevant to the chemical used. If required, chemical application in areas of public access is marked with warning signs. Top

Article 6. Harvesting and handling produce

  1. Local Workers or foreign Workers shall be healthy.
  2. Workers have appropriate knowledge or are trained in personal hygiene practices and a record of training is kept.
  3. Written instructions or personal hygiene practices are provided to workers or displayed in prominent locations.
  4. Toilets and hand washing facilities are readily available to workers and are maintained in a hygienic condition.
  5. Sewage is disposed of in a manner that minimises the risk of contamination of workers.
  6. Where employers are required to provide medical and health cover, any serious health issue is reported to the relevant health authority.
  7. Where required, foreign workers complete mandatory medical checks and a record is kept.
  8. Measures are taken to minimise the presence of animals and vermin with infectious disease in production sites and around handling, packing and storage areas. Top

Article 7. Working conditions

  1. Working conditions are suitable for workers and protective clothing is supplied where conditions are hazardous to workers.
  2. All farm vehicles, equipment and tools, including electrical and mechanical devices, are adequately guarded and maintained and inspected on a regular basis for potential hazards to users.
  3. Safe manual handling practices are followed to minimise the risk of injury from lifting heavy objects and excessive twisting and reaching movements. Top

Article 8. Worker welfare

  1. Where provided by an employer, living quarters are suitable for human habitation and contain basic services and facilities.
  2. The minimum working age shall comply with Lao PDR regulations. Where regulations are absent, workers shall be older than 15 years of age. Top

Article 9. Training

  1. New workers are informed about the risks associated with health and safety when starting at the worksite.
  2. Worker shall have medical cheek-up periodically or according with appropriate time schedule.
  3. Workers have appropriate knowledge or are trained to a level appropriate to their area of responsibility in the following areas:
  1. operating vehicles, equipment and tools,
  2. accident and emergency procedures,
  3. personal hygiene,
  4. safe use of chemicals,
  5. Social and welfare regulation. Top

Article 10. References and other records 

  1. Records of good agricultural practices are kept for a minimum period of at least two years or for a longer period if required by legislation or customers.
  2. Out of date documents are discarded and only current versions of documents relevant to good agricultural practice are used. Top

Article 11. Review of practices

  1. All practices are reviewed at least once each year to ensure that they are done correctly and actions are taken to correct any deficiencies identified. A record is kept to show that all practices have been reviewed and any corrective actions taken are documented.
  2. Actions are taken to resolve complaints related to worker health, safety and welfare, and a record is kept of the complaint and actions taken. Top

Part III
Labeling and Sealing

Article 12. Sealing

  1. only Good Agriculture Practices Standards for Worker Health, safety and Welfare Module products certified by the CB (DOA) can be labeled with the DOA seal.
  2. Using the DOA seal as a product brand name is prohibited. The words specifying the Good Agriculture Practices Standards for Worker Health, safety and Welfare Module certification and the DOA seal together shall not exceed ¾ three quarter of the size of the product brand name. Top

Article 13. Labeling

  1. The name and address of the producer and/or operator certified by the Cb (DOA) and responsible for final packing should appear on the product packaging.
  2. Prior to printing, a producer and/or operator shall submit the lay-out of a product label to the CB (DOA) for approval. Top

Part IV
Certification of Good Agriculture Practices for Worker Health, Safety and Welfare Module

Article 14. Certification of Good Agriculture Practices
   The Department of Agriculture, Ministry of Agriculture and Forestry, is responsible for the evaluation , inspection and certification of Good Agriculture Practices for Worker Health, Safety and Welfare Module in Lao PDR. Top

Part V
Rewards and Sanctions

Article 15. Rewards
   Individuals or Organizations who have performed well in the area of Good Agriculture Practices for Worker Health, Safety and Welfare Module will receive awards which deemed reasonable by the DOA. Top

Article 16. Sanctions
   Individuals or organizations who violate these Good Agriculture Practices for Worker Health, Safety and Welfare Module will be punished by way of a warning letter, education, fine or penalty, as provided for by the Lao Agriculture Law. Top

Part VI
Final provisions

Article 17. Implementation
   The Department of Agriculture, Ministry of Agriculture and Forestry, in collaboration with other concerned organization skill implement this Agreement effectively. Top

Article 18. Effectiveness
   This agreement of the Minister shall be effective from the date of its signature. Top

Minister for Agriculture and Forestry