Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information communicated by the Government in response to its previous comments and the attached documents. It draws the Government’s attention to the questions which have been the subject of comments for a number of years and requests it to provide relevant information as required by point (c) of the "Subsequent reports" heading of the practical guidance for drawing up reports (report form on the Convention).

Article 12, paragraph 1(a) and (b), of the Convention. The Government continues to state that section 434 of the Labour Code conforms with these provisions. The Committee considers the wording of this section insufficiently precise in this regard and therefore requests the Government to follow the guidance contained in paragraphs 160-165 of its 1985 General Survey on labour inspection for taking measures to enable inspectors to have express authorization on a legal basis to enter at any hour of the day or night (as provided for by the Convention), or more generally "at any time", any workplace liable to inspection (subparagraph (a)), and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection (subparagraph (b)). The Committee hopes that the Government will not fail to keep the Office informed of any progress in this regard.

Article 12, paragraph 1(c)(iv). The Committee notes the Government’s indications to the effect that labour inspectors and inspectors from the Department of Industrial Safety of the Secretariat of State for Labour take and remove in practice samples of substances and materials used in workplaces. Underlining the need, as it did in paragraphs 177 and 178 of its 1985 General Survey on labour inspection, to stipulate this entitlement expressly in a legal text and to observe certain guarantees in its implementation, the Committee again requests the Government to ensure that effect is given to these provisions of the Convention in the legislation and to keep the Office informed of any progress in this regard.

Article 18. The Government’s attention must again be drawn to the need to ensure that financial penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties are established taking account of the dissuasive purpose that they are to fulfil despite any monetary fluctuations and that these penalties are effectively enforced. The Committee requests the Government to keep the Office informed of any measure taken to this end and of any difficulties encountered.

The Committee is addressing a request regarding certain other points directly to the Government.