Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s partial replies to its previous comments, and the attached documents.

1. Fields covered by labour inspectors. According to the Government’s report, the 75 to 100 inspections carried out each month cover administrative matters. However, under the terms of section 26(1) of the General Act on occupational safety and health, labour inspectors should be responsible, in accordance with Article 3, paragraph 1(b), of the Convention, for supervising the application of the standards established under the above Act and other provisions relating to working conditions and environment. This function implies the discharge of technical missions with the appropriate powers. In this respect, the Committee notes that, under the above Act, labour inspectors are authorized, in accordance with Article 13, paragraph 2(b), to cause machines to be shut down and the activities of a workplace to be ceased partially or totally where working conditions give rise to an imminent danger to the life or health of the workers. The Government is therefore requested to ensure that measures are adopted rapidly so that labour inspectors discharge all the missions conferred upon them under the legislation respecting the working conditions and protection of workers, while ensuring that any further duties which may be entrusted to them are not such as to interfere with the effective discharge of their primary duties within the meaning of Article 3, paragraph 2, or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

2. Collaboration with employers and workers. The Committee notes that, according to the Government, labour inspectors may establish one or more joint occupational safety, health and welfare committees with responsibility, among other matters, for being informed of working conditions, the operation and maintenance of machinery, equipment and tools, personal protection and any other aspect related with occupational safety, health and welfare, and for collaborating in the implementation of the Act of 1979 on occupational safety, health and welfare and of the technical recommendations made by competent institutions. With reference to its comment made above on the administrative nature of inspections, the Committee would be grateful if the Government would provide further information on the distribution in practice of the respective areas of competence of inspectors and the above committees in the enforcement of legal provisions respecting occupational safety, health and welfare.

3. Qualification of inspectors. With reference to the announcement by the Government in a previous report of its intention to take measures to improve the level of legal training and the vocational qualifications of inspectors in the context of the technical assistance provided by the ILO Regional Office, the Committee requests it to indicate the action taken as a result of this project and any measure adopted or envisaged to provide inspectors with training for the effective discharge of their duties.

4. Remuneration of labour inspectors and reimbursement of their professional travel expenses. According to the Government, the terms and conditions of service of labour inspectors have not improved significantly, with their monthly wage being equivalent to around US$135. Furthermore, the procedure for the reimbursement of the expenses incurred for the purpose of their missions is applied on a case-by-case basis, is slow and is subject to the approval of the general directorate of the administration and does not have any legal basis. In the view of the Committee, inspectors should not be under the obligation to pay in advance the expenses required for the discharge of their duties, except in exceptional circumstances, and the reimbursement procedure should be simplified so that it does not infringe upon their purchasing power and their motivation. The Government is requested to take into account the eminently mobile nature of the function of labour inspection and as a consequence to take measures, in accordance with Article 11, paragraph 1(b), to furnish labour inspectors with the transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist. It trusts that the Government will also ensure that the procedure for the reimbursement to inspectors of their professional travel expenses is determined by a legal text, that it is not such as to infringe upon their professional freedom of action, and that the resources allocated are determined on the basis of the needs of the inspection services and managed by the latter. The Government is requested to provide any relevant information.

5. Annual inspection report (Articles 20 and 21). The Committee notes with regret that, 30 years after the ratification of the Convention, no annual inspection report, as envisaged by these provisions of the Convention, has been transmitted to the ILO. Emphasizing once again the essential importance of the annual consolidation of information on the work of the labour inspection services, with the objective of improving their effectiveness and responding to needs arising out of socio-economic developments, the Committee reminds the Government of the possibility of having recourse to ILO technical assistance for this purpose and expresses the firm hope that it will soon be able to report on measures to this end.

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