Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Labour Inspection Convention, 1947 (No. 81) - Iceland (Ratification: 2009)

Other comments on C081

Direct Request

2021
2014
2012

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Article 6 of the Convention. Status of labour inspectors. The Committee previously noted that inspection staff members are government employees that enjoy the rights stipulated under the Government Employees Act No. 70/1996. The Committee notes the Government’s statement that, with regard to career prospects, labour inspectors have the prospect of rising through the ranks within the Administration of Occupational Safety and Health (AOSH) as, for example, managers either within the regions or in the specialized departments of the institution. It also notes that both labour inspectors who hold a university degree and those with technical or vocational education have, on average, lower rates of pay than other comparable government employees. The Government also indicates that a survey conducted by the Union of Public Servants indicated that the employees of AOSH scored the lowest of all government institutions regarding satisfaction with their wages. The Government states that the wages at AOSH in comparison with other government institutions may influence the recruitment and retention of high-quality staff. The Committee accordingly requests the Government to provide information on any measures taken or envisaged to retain skilled and experienced staff, including measures to guarantee labour inspectors with conditions of service at least equivalent to those of other public officials with comparable duties and responsibilities.

Article 7(3). Training for labour inspectors. The Committee previously noted that newly engaged labour inspectors at the AOSH attend a six-week training programme and that a mandatory regular training programme is held annually. The Committee notes the reference in the Government’s report to a copy of the training programme for new labour inspectors and the agenda for the last regular training programmes, but observes that these are not attached to the Government’s report. The Committee therefore requests that the Government provide detailed information on the regular training provided, as well as the training provided to new labour inspectors at the AOSH, including the subjects, attendance and impact of these training activities.

Articles 10 and 16. Number of labour inspectors and inspection visits. The Committee notes from the information in the Government’s report that there are 11 labour inspector positions, which represents a 25 per cent reduction in capacity compared with the years prior to the economic crisis in 2008. The Government indicates that there are now four inspection regions, which are large geographically, and that the capacity in these regions is low. The Government further indicates that there is approximately one labour inspector per 15,900 employees, and that there is a need to increase the number of labour inspectors. In this regard the Committee notes that the number of inspections undertaken in 2013 was 1,973, a significant decrease from the 2,936 inspections undertaken in 2008. The Committee accordingly requests the Government to provide information on the measures taken to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate, including that workplaces are inspected as often and as thoroughly as necessary. It requests the Government to continue to provide information on the number of labour inspectors and distribution by region.

Article 12. Right of inspectors to enter workplaces freely and without previous notice and notification of the inspector’s presence when carrying out an inspection. With reference to its previous comments, the Committee notes the Government’s statement that section 82 of the Act on Working Environment, Health and Safety in Workplaces is not in conformity with Article 12(1)(a) and (2) of the Convention. The Government indicates that the Minister of Social Affairs and Housing has appointed a committee assigned with the task of formulating proposals for employment and occupational health policy, and that the comments of this Committee with respect to Article 12 will be forwarded to that committee for consideration. The Committee urges the Government to pursue its efforts to ensure that labour inspectors are authorized to enter without previous notice all workplaces liable to inspection and to carry out inspections without notifying the employer of their presence, in conformity with Article 12 of the Convention. It requests the Government to continue to provide information on progress made in this regard.

Article 13. Measures with immediate executory force in the event of imminent danger to the health or safety of the workers. The Committee notes the Government’s statement that section 85 of the Act on Working Environment, Health and Safety in Workplaces empowers labour inspectors, in situations where they consider that there is considerable danger to the life or health of employees or others, to demand immediate action be taken by the employer to improve the lack of security in the workplace, and they can stop the part of the operations in question. The Committee requests that the Government provide statistical information on the preventive action taken by labour inspectors with a view to remedying defects observed in plant, layout or working methods in line with Article 13 of the Convention, including the number of demands made with immediate executory force in the event of imminent danger to the health or safety of the workers.

Article 14. Recording and notification of industrial accidents and cases of occupational disease. The Committee previously noted that, according to section 79 of the Act on Working Environment, Health and Safety in Workplaces, employers must notify the AOSH of accidents within one week of their occurrence. The Committee reminded the Government that employers should record industrial accidents and occupational diseases by the quickest practicable means so that labour inspectors or the competent authority can carry out investigations and take the necessary action to prevent a recurrence. The Committee notes the Government’s statement that it has decided to undertake a comprehensive revision of the Act on Working Environment, Health and Safety in Workplaces. The Government indicates that, in this work, it will take into account the Committee’s comments concerning section 79 of the Act. The Committee requests that the Government pursue its efforts so that employers notify of occupational accidents, by the quickest practicable means so as to enable labour inspectors or the competent authority to conduct investigations and take action to prevent a recurrence if necessary. In this regard, it encourages the Government to take into account the guidance provided in paragraphs 6.1.4, 10.1.6 and 10.2.8 of the ILO code of practice on the recording and notification of occupational accidents and diseases.

Article 15(b). Compliance by labour inspectors with the obligation of maintaining manufacturing or commercial secrets. The Committee notes the Government’s statement that section 18 of the Government Employees Act, No. 70/1996, covers the requirements of Article 15(b) of the Convention concerning the obligation of labour inspectors to maintain manufacturing or commercial secrets. It notes that section 18 of the Act states that each employee (anyone who is hired into service of the government for a period exceeding one month) is obliged to observe confidentiality in regard to matters of which he/she gains knowledge in his/her work and that is regarded as confidential according to law, the instructions of superiors or by the nature of the matter. Section 18 further states that the obligation of confidentiality remains even if the employee concerned leaves his/her employment.

Article 19. Periodical reports. The Committee notes the Government’s statement that local inspection offices in the districts submit annual reports prescribed by the central authority. The Government indicates that these reports describe all main activities during the past year and the results of inspections for every district. In addition, the districts continuously register inspection activities in the AOSH’s database. The Committee requests that the Government provide examples, with its next report, of the periodical reports submitted to the central inspection authority by local inspection offices in the districts.

Articles 20 and 21. Publication and content of the annual report. The Committee notes the annual report of the AOSH of 2013, published on the AOSH website, which includes information on the laws and regulations relevant to the work of the inspection service, the number of staff, statistics of inspection visits and penalties imposed as well as data on occupational accidents and diseases. The Committee encourages the Government to ensure that the annual report of the AOSH is communicated to the ILO, in conformity with Article 20(3) of the Convention. It also requests that the Government take the necessary measures to ensure that, in future, this report contains information on the number of workplaces liable to inspection and the number of workers employed therein, in conformity with Article 21(c) of the Convention.