Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Repetition

Labour inspection needs assessment (ILO technical assistance) and continuing restructuring of the labour inspection system. The Committee notes with interest that the Government received ILO technical assistance in the form of a labour inspection audit in March 2012 (the 2012 audit), and that the recommendations made correspond to a large extent to the Committee’s previous comments on the application of the Convention. The Committee also notes the Government’s indications on the continuing restructuring of the labour inspection system and the technical assistance provided by the Office, including for the drafting of the national labour inspection policy, the harmonization of labour statistics and the computerization of the labour inspection system (launching of the Labour Inspection System Application (LISA)), as well as on capacity building for labour inspectors. The Committee invites the Government to indicate the steps taken or envisaged with a view to improving the labour inspection system in accordance with the requirements of the Convention, in light of the recommendations made in the 2012 audit, and to provide a copy of any texts adopted in this regard. The Committee asks the Government to continue to supply detailed information on the technical assistance provided by the Office and the impact of the restructuring of the labour inspection system on the effective discharge of labour inspection functions. It also asks the Government to provide a copy of the national labour inspection policy, if possible in one of the ILO’s working languages, once it is adopted.

Articles 2, 3, 12(1)(a) and 23 of the Convention. Labour inspection in export processing zones (EPZs) and right of inspectors to freely enter any workplace liable to inspection. The Committee notes that the Government strongly rejects the observations made previously by the Lanka Jathika Estate Workers’ Union (LJEWU), according to which labour inspections in export processing zones (EPZs) are restricted and require prior approval due to unwritten and undeclared concessions granted to investors by the Government. It notes that the Government reiterates that labour inspectors have the right to enter workplaces in EPZs freely and without prior approval and emphasizes that labour inspectors not only have this right in law, but also in practice. In this regard, the Committee also notes the statistical information provided by the Government for 2011, 2012 and 2013 on the number of routine inspections and inspections following complaints (the garment and other sectors) within the 13 EPZs in the country.

The Committee notes, however, that the NTUF reiterates that even now, labour inspectors cannot enter workplaces in EPZs without prior approval and that while, in theory, the national labour laws apply to all establishments within EPZs, the situation in practice is entirely different. The Committee also notes that the 2012 audit recommends the removal of any obstacles that in practice may prevent labour inspectors from carrying out their duties and making use of their powers, including the right to enter EPZs, on the sole condition that they hold appropriate credentials. The Committee asks the Government to make any observations it deems appropriate in relation to the comments made by the NTUF and to indicate whether there are any practical obstacles for labour inspections in EPZs and, where applicable, to indicate the steps taken or envisaged to overcome these obstacles. Please specify whether the routine inspections and inspections following a complaint in EPZs are announced, or unannounced, and also continue to provide relevant statistical data.

Please also provide detailed information on the total number of workers employed in the enterprises in EPZs, the number of violations reported, the legal provisions concerned, the number and nature of sanctions imposed (including the corresponding amount of fines) and the measures adopted with immediate executory force in the event of an imminent danger to the health or safety of workers, as well as on the number of industrial accidents and cases of occupational disease.

Articles 3(1)(a) and (b), 9, 13, 14 and 17. Role of the labour inspectorate in the field of occupational safety and health (OSH). Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes the Government’s explanations that the enforcement of legislation in the area of OSH is carried out by the Factories Division of the Department of Labour, whereas promotional and preventive activities are mostly carried out by the National Institute of Occupational Safety and Health (NIOSH). In this regard, the Committee also notes the activities of the NIOSH, as described in its activity report for 2012.

Following up on its previous comments on the shortage of factory inspection engineers, medical officers and occupational hygienists to carry out routine inspections in industrial enterprises, the Committee notes that it appears from the statistical information provided in a table included in the Government’s annual report of the labour inspection service that labour inspectors in the area of OSH has further increased in 2013. Furthermore, it might appear from the statistics provided with the Government’s report (Enforcement of the Factories Ordinance from 2003–12) that the number of inspections in the area of OSH has significantly increased in recent years. The Committee also notes the observations made by the NTUF, according to which factory inspection engineers and occupational hygienists do not conduct inspections in plantations, despite the fact that the vulnerability of workers to occupational diseases is very high, due to the use of chemicals, pesticides and other substances. The Committee previously noted the Government’s statement that both fatal and non-fatal accidents are likely to be much higher than the numbers recorded due to deficiencies in reporting, as well as the lack of coverage of the informal sector. While it notes the information on fatal and non-fatal accidents reported in the annual labour inspection report for 2011–13, it also notes that once again no information has been provided on the number of cases of occupational disease. The Committee also notes in this regard the findings of the 2012 audit concerning: the need for improved data on industrial accidents and cases of occupational diseases; the recommendation to thoroughly review the reporting system to increase its reliability and to address is apparent deficiencies; the need to conduct awareness-raising activities in consultation with the social partners; and the use of targeted inspection and prosecution in serious cases.

Noting that the Government indicates that a draft OSH policy has been prepared and will be formally drafted very soon, the Committee would like to draw the Government’s attention to the fact that the establishment of a system that ensures the access of the labour inspectorate to information on industrial accidents and cases of occupational disease (Article 14) is essential to the development of the prevention policy to which the Government has committed itself in the framework of the restructuring of the labour inspection system. The Committee requests the Government to continue providing information that is as detailed as possible on the number of inspections conducted in the area of OSH. Please also provide information on the progress made in the adoption and implementation of a national policy on OSH, and a copy of any relevant documents.

Furthermore, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the labour inspectorate is duly informed of industrial accidents and cases of occupational disease and that relevant statistics are included in the annual labour inspection report, in accordance with Article 21(f) and (g), and to point out how this information is used for the development of the national policy on OSH. Please also indicate any measures taken, as recommended in the 2012 audit, to improve the current system for the reporting of industrial accidents and cases of occupational diseases.

The Committee finally once again requests the Government, to provide information on any arrangement to associate technical experts and specialists from the NIOSH in the work of the labour inspectorate for the purpose of securing the enforcement of the legal provisions relating to the protection of the health and safety of workers and investigating the effects of processes, materials and methods of work on the health and safety of workers.

Articles 17 and 18. Amendments to legislative acts relating to enforcement procedures and dissuasive sanctions. The Committee previously noted that steps had been taken to update the fines and penal provisions in all legislative acts relating to conditions of work and asked the Government to keep the ILO informed of the progress made in the adoption of the relevant bills. In this regard, it notes with interest the Government’s indications that the proposed amendments to the Industrial Disputes Act (IDA) have been adopted. The Government has however not provided information on the progress made in this regard concerning other laws. The Committee asks the Government to continue to keep the ILO informed of any progress made in the adoption of the relevant bills, including with regard to the Wages Boards Ordinance, the Shop and Office Employees’ Act, the Maternity Benefits Ordinance, and the Termination of Employment of Workmen (Special Provisions) Act.

Articles 3, 4, 5(a) and (b), 10, 11, 16, 20 and 21. Effective functioning of the labour inspection system and reliable statistics to evaluate its effectiveness. The Committee notes from the 2012 audit that the structures of the labour inspectorate encompass a General Inspectorate and a Factories Inspectorate, which is responsible for labour inspection in the area of OSH. It notes that the 2012 audit recommends, among others: (i) the appointment of a Chief Inspector/Director of the labour inspection services to enable effective planning, better monitoring and evaluation of labour inspection at the central level; and (ii) the collaboration and information sharing between the General Inspectorate and the Factory Inspectorate.

The Committee notes that, according to the statistical information provided by the Government, including in the annual report on the activities of the labour inspection services for 2011–13, the total number of labour inspectors seems to have slightly decreased between 2011 and 2013, and the number of inspections seems to have increased in recent years. However, the Committee notes that the NTUF expresses doubts with regard to the statistical information provided by the Government, in particular with regard to the number of workers subject to inspection. The Committee also notes the Government’s indications that statistical data are not properly recorded. In this regard, the Committee notes that, in conformity with the relevant recommendations made in the 2012 audit, the Government indicates that the implementation of the LISA application system has been launched, which should enable the collection of the required data for the preparation of the annual labour inspection reports. According to the Government, its application has been implemented in four districts and is planned to be completed by the middle of 2014. It notes that, according to the Government, the existing hardware for this purpose is still considered to be insufficient and that, for the purpose of the implementation of the LISA project, 50 computers were donated by the United States’ Government. The Committee also notes that efforts have been undertaken, in the framework of the “harmonization of labour statistics project” with ILO technical assistance, to determine the criteria for the collection of labour statistics and that a relevant report is awaiting tripartite approval. According to the Government, the collection of harmonized labour statistics will be possible once the LISA system is fully implemented. The Committee requests the Government to keep the ILO informed of the progress made in the implementation of the “harmonization of labour statistics project” and the implementation of the LISA application system for the collection of data. It requests the Government once again to ensure the publication of an annual inspection report by the central labour inspection authority as required under Articles 20 and 21 of the Convention, containing information and data on the number of inspection visits in different sectors, including in EPZs, the violations detected and the penalties imposed with reference to the legal provisions concerned, cases brought to the courts and outcomes of the proceedings, etc.