Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s report for the period from April 2005 to May 2007, the attached legislation and the additional information received in September 2007.

Articles 3, paragraph 1(a) and (b), 10, 13, 14 and 18 of the Convention. Labour inspection activities with regard to occupational safety and health. The Committee notes the adoption of Act No. 319/2006 of 14 July 2006 on occupational safety and health, which repeals Act No. 90/1996 on the protection of workers, and also of Government Decision No. 1425/2006 of 11 October 2006 approving the standards for implementing the new Act.

The Act of 2006 assigns the labour inspectorate the task of enforcing legislation concerning occupational safety and health (section 47.1). The labour inspectorate has particular responsibility for monitoring the implementation of programmes for the prevention of occupational hazards (section 47.2(a)), distributing information to the persons concerned as regards the most effective means of respecting the legislation (section 47.2(h)) and carrying out investigations, as far as resources permit, into industrial accidents which have caused injury or death and into cases which may have given rise to an occupational disease (section 47.2(d)), such occurrences having to be notified immediately by the employer to the competent territorial labour inspectorate (section 27.1(a)). The inspectorate also plays a coordinating role, in collaboration with the National Institute of Statistics, with regard to the system for reporting and recording industrial accidents and, in cooperation with the Ministry of Public Health, with regard to occupational diseases (section 47.2(e)). It may order the stoppage of any activity or plant in cases where there is a serious and imminent risk of industrial accident or occupational disease and can inform the judicial authorities where necessary (section 47.2(c)).

The Committee notes that, according to the information supplied by the Government, the total number of penalties imposed by inspectors for violations of the legislation has more than doubled between 2005 and 2006, and even almost tripled with regard to offences in the area of occupational safety and health, whereas the total number of inspections has only increased by about 30 per cent during the same period. The Committee would be grateful if the Government would supply explanations regarding the increase in the number of penalties (new enforcement methods, more intensive training of inspectors, proliferation of offences, etc.). In this context, it also notes that Act No. 319/2006 provides, in cases of imminent hazard to the health of workers, for criminal penalties up to three years’ imprisonment (sections 37 and 38) and also fines to be imposed by labour inspectors, for non-observance of provisions, ranging from 2,500 Romanian New Lei (RON) to RON10,000 (section 39), the inspectors being required to notify the judicial authorities immediately of offences liable to incur criminal penalties (section 42).

The Committee requests the Government to provide information on the implementation of Act No. 319/2006 in practice with regard to labour inspection activities (prevention and control) and also the results thereof, and to state the number of inspectors in service, the nature and content of information and awareness-raising activities for employers, workers and possibly magistrates, the scope of inspections and the number of inspectors assigned to them and also the types of establishment inspected (economic sector, size, etc.). The Government is also requested to continue supplying statistics relating to offences reported, decisions ordering work stoppages, prosecutions instituted and penalties imposed.

The Committee would be grateful if the Government would also indicate any difficulties encountered by labour inspectors in enforcing the provisions of this new Act and supply information on the impact of any new measures which it introduces in relation to the protection of workers.

Articles 6 and 15 and Part I of the report form. Status, conditions of service, rights and obligations of labour inspectors. Draft amendments to the legislation in this area. In its previous comment, the Committee referred to draft amendments to Act No. 108/1999 on labour inspection and also to draft conditions of service of labour inspectors, the formulation of which had been announced by the Government at the June 2005 session of the Conference Committee on the Application of Standards and also in the report received at the end of 2005. According to the information supplied by the Government in June 2006, August 2007 and September 2007, these drafts have not yet been adopted, particularly because of the adoption of Act No. 319/2006 and the priority given initially to the amendment of Act No. 188/1999 concerning the conditions of service of public officials, which, together with Act No. 108/1999 on the labour inspectorate, govern the status of inspectors and their conditions of service. The Committee requests the Government to indicate whether the public service staff regulations have indeed been amended as announced and, if so, to supply a copy of the definitive text and state the impact on the conditions of service and status of labour inspectors. It would also be grateful if the Government would keep the Office informed of any legislative developments with regard to Act No. 108/1999 and the formulation of the regulations for inspectors and requests it to indicate, pending adoption of these provisions, any measure taken or contemplated to improve remuneration for labour inspectors.

The Committee also notes the adoption of Government Decision No. 381/2007 of 25 April 2007 concerning the structure and functioning of the Ministry of Labour, Family Affairs and Equal Opportunities. According to this Decision, the 3,966 posts earmarked in the budget for the territorial labour inspectorates include 500 contractual temporary posts financed by the state budget until 30 June 2009. The Committee would be grateful if the Government would indicate whether these are posts comprising inspection duties, whether in labour relations (general conditions of work) or occupational safety and health, and to provide clarification if applicable, in the light of the provisions of Articles 6 and 15 of the Convention, on the status and conditions of service of the abovementioned contractual staff.

Article 7. Training of labour inspectors. The Committee notes with interest the detailed information concerning the training given to labour inspectors in 2005 and 2006, particularly in occupational safety and health, labour relations and equal opportunities. The Committee requests the Government to continue providing information on the training programmes and activities followed by labour inspection staff.

Articles 20 and 21. Annual report on the work of the labour inspectorate. The Committee notes the detailed information contained in the annual reports on inspection activities for 2005 and 2006. With reference to its previous comment, it notes with interest that the report concerning 2005 has been published and that, in more general terms, the reports have been published since 2005 by means of the web site of the labour inspectorate. The Committee requests the Government to continue ensuring that these reports contain the information required by Article 21 of the Convention and that they are communicated to the Office within the deadlines prescribed by Article 20. It hopes that, as far as possible, information will be included which is as detailed as that set forth in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81).