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Labour Inspection Convention, 1947 (No. 81) - Mauritius (Ratification: 1969)

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Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

A. Labour inspection

Labour Inspection Convention, 1947 (No. 81)

Article 5(a) of the Convention. Cooperation between the labour inspectorate and other public bodies. 1. Effective cooperation with competent bodies entrusted with the registration of establishments liable to labour inspection. Following its previous comment, the Committee notes the Government’s indication that the Labour and Industrial Relations Division (LIRD) of the Ministry of Labour, Human Resource Development and Training (MLHRDT) is working on the establishment of a centralized database of undertakings liable to inspection with a view to improving the planning and monitoring of inspection activities. The Committee also notes that the Occupational Safety and Health Division (OSHD) of the MLHRDT indicates that the data mentioned in the record of registration of factories, pursuant to section 88 and 91 of the Occupational safety and Health Act 2005 (OSHA), helps the Division to easily identify hazards with respect to the nature of activities and to plan inspections accordingly. The Committee requests the Government to continue to provide information on the progresses made in the establishment of a centralized database of undertakings liable to inspection with a view to better plan and monitor inspection activities. It also requests the Government to indicate how the database and the record of registration are used to ensure effective co-operation between inspection services and other Government services.

2. Effective cooperation between the labour inspection services and the justice system. The Committee notes the information provided by the Government in reply to its request on the reason of the decrease in criminal cases referred to court by the Inspection and Enforcement Section. In this regard, it notes that according to the Government this decrease may be due to multiple causes, including the fact that employers are becoming more aware of the provisions of the law. This can be explained, according to the Government, by the increased contact with labour inspectors during inspections visits; by increased sensitization campaigns and training and by easier access to information on legislation on the website of the Ministry. The Government also refers to the willingness of employers to take remedial actions and to comply with “compliance notices” issued by the MLHRDT or other requests for compliance from the labour inspectors regarding infringement of the legislation. In addition, the Committee notes the information provided by the Government on the cooperation between the LIRD and the justice system, in particular the training courses organized by the Office of the Director of Public Prosecutions (ODPP) for the officers of the LIRD. The Committee notes that the Government report contains information concerning the numbers of civil cases referred by the labour inspectors to Chambers and Open Court, the numbers of cases disposed of and the amount recovered, for the period between 2017 to May 2021. However, the Committee notes that the Government report does not contain data on the breakdown of criminal cases referred for prosecution by the OSHD and the LIRD. Therefore, the Committee requests the Government to provide information on the number of criminal cases referred to the judiciary by labour inspectors and to include statistics on the outcome of the cases referred, including the penalties imposed and fines collected.

Articles 10, 11 and 16. Material resources of the labour inspectorate and visits of inspection. Following its previous comment, the Committee notes the information provided by the Government on the human resources of the labour inspectorate and their geographical distribution. The Committee also notes the information provided by the Government regarding the creation in 2016 of the Employees’ Lodging Accommodation Unit and the Construction Unit, both under the OSHD. According to the Government, the Employees’ Lodging Accommodation Unit comprises of 12 officers while the Construction Unit, counts eight officers. The Committee notes that for the financial year 2020/2021, the Labour and Industrial Relations Officers team encompasses a total number of 129 officers and the Occupational Health and Safety team a total number of 64 officers. However, the Committee notes that according to the Government report a number of posts, both in the LIRD and in the OSHD, remain vacant and that some of those positions are still unfunded. The Committee requests the Government to continue to provide information on the strength of the labour inspectorate. It also requests the Government to continue to adopt the necessary measures to ensure that adequate budgetary resources are allocated for the funding of the vacant positions.

Articles 14 and 21(g). Recording and notification of cases of occupational disease. In its previous comment, the Committee noted that statistics on occupational diseases are maintained by the Occupational Health Unit within the Ministry of Health and Wellness. The Committee notes the Government’s indication that pursuant to section 86 of the OSH Act 2005, employers are required to notify the Director of Occupational Safety and Health, of cases of occupational disease. In this regard, the Government indicates that no occupational diseases have been notified for the period 1 June 2017 to 31 May 2020. The Committee requests the Government to provide an assessment on the reasons for the lack of reporting of any cases of occupational disease and to provide information on any violations of the employer’s duty to notify cases of occupational disease. The Committee further requests the Government to provide detailed information on the recording and procedure for the notification of cases of occupational disease.

Articles 20 and 21. Content and publication of an annual report. Following its previous comment, the Committee notes the statistical information provided by the Government in its report, including the number of inspection visits undertaken, the number of complaints, the number of civil cases referred to and disposed of in Chambers and Open Court and the number of occupational accidents. The Committee notes the Government’s indication that monthly reports prepared by inspection officers are submitted to the Statistic Unit of the MLHRDT for compilation and preparation of annual report. The Committee also notes that according to the Government the annual reports for period July 2016 to June 2017 and period July 2019 to June 2020 have already been published on the website of the MLHRDT and that the annual report for period July 2020 to July 2021 is under preparation. The Committee requests the Government to transmit copies of the annual inspection report to the Office maximum within three months from its publication. It also requests the Government to adopt the necessary measures to ensure that the labour inspection report contains complete information on all the subjects listed in Article 21(a)–(g), including the number of workplaces liable to inspection, the number of workers employed therein, statistics on occupational diseases, as well as data on the violations detected and the number and nature of the penalties imposed.

B. Labour administration

Labour Administration Convention, 1978 (No. 150)

Article 6(2)(a) of the Convention. National Employment Policy. Following its previous comment on the development of the National Employment Policy (NEP), the Committee notes the Government’s indication that to reactivate the formulation of the NEP, the Ministry in collaboration with ILO, organized a tripartite workshop in May 2018 with a view to agree on the key priority areas and structure that should be incorporated in the NEP. The Committee notes the ongoing development of the NEP and that the finalization of the drafting is expected by end of December 2021. In addition, the Government indicates that the ratification of the Employment Policy Convention, 1964 (No. 122) will be considered once the formulation and development of the National Employment Policy is finalized. While taking due note of this information, the Committee requests the Government to continue to provide information on the development of the NEP and to provide information on its implementation, once adopted.

Article 9. Supervision of parastatal agencies active in the area of employment policy. In its previous comment, the Committee noted that the National Empowerment Foundation (NEF) has been assigned the main role of promoting a better match between the demand and supply of labour and training. The Committee notes the Government’s indication that there is a close collaboration between the NEF and the Ministry of Labour with regard to directing beneficiaries to potential employers. In addition, the Committee notes the information provided on the training programmes implemented, the stakeholders involved in training and the number of beneficiaries trained. The Committee requests the Government to continue to provide information on the manner in which the activities of the NEF are supervised and the manner in which coordination is ensured between the NEF and the central labour administration.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 12(1)(b) and (2) of the Convention. Powers of entry of inspectors into premises which they may have reasonable cause to believe to be liable to inspection. In its previous comments, the Committee noted that, pursuant to section 4 of the Occupational Safety and Health Act (Employees’ Lodging Accommodation) Regulations 2011, an authorized officer may enter, with the consent of the head of any undertaking, any building used as lodging accommodation, in order to undertake an inspection or investigation as may be necessary. The Committee notes that, contrary to the information previously provided, the Government indicates that the existing provisions requiring prior notification to carry out inspection in employees’ lodging accommodation are being maintained, as the accommodation is a dwelling place provided to an employee and entering such a place without consent may cause prejudice to the privacy of lodgers. In this regard, the Committee recalls that, pursuant to Article 12(1)(b) and (2) of the Convention, labour inspectors provided with proper credentials shall be empowered to enter by day any premises which they may have reasonable cause to believe to be liable to inspection. Thus, they should be authorized to abstain from notifying their presence to the employer or his/her representative if they consider that such a notification may be prejudicial to the performance of their duties. The Committee requests the Government to take the necessary measures to amend the Occupational Safety and Health Act (Employees’ Lodging Accommodation) Regulations to achieve full conformity with Article 12 of the Convention, and to provide information on any progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

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

Article 5(a) of the Convention. Cooperation between the labour inspectorate and other public bodies. 1. Effective cooperation with competent bodies entrusted with the registration of establishments liable to labour inspection. The Committee notes the adoption of the Employment Rights (Registration of Employers) Regulations 2013 (revoking the Employment Rights (Registration of Employers and Permits of Job Contractors) Regulations 2009), which require the registration of employers with more than ten workers. The registration form requires information on the number of employees, and must be submitted each year to the Permanent Secretary of the Ministry of Labour, Industrial Relations and Employment, who maintains a register of employers, pursuant to section 58 of the Employment Rights Act. The Government indicates that steps are currently being initiated by the Labour and Industrial Relations Division to achieve the full implementation of these Regulations. The Committee also notes the Government’s statement that factories are registered pursuant to sections 88 and 91 of the Occupational Safety and Health Act and that inspections of these are planned based on both the risks detected in factories and on the number of employees. With reference to its general observation of 2009 concerning the establishment and improvement of registers of workplaces liable to inspection, the Committee requests that the Government provide further information on how the data obtained from the registers of workplaces and factories is used to improve the organization and planning of labour inspection activities, including the development of a plan of inspection.

2. Effective cooperation between the labour inspection services and the justice system. The Committee notes the information provided by the Government concerning the number of cases prosecuted before the Industrial Court for failure to comply with legislative provisions on occupational safety and health. It also notes the information on the number of civil cases referred to the Industrial Court by the Inspection and Enforcement Section of the Labour and Industrial Relations Division, as well as the number of criminal cases it has referred. The Committee notes the significant decrease in the number of criminal cases referred to courts between the period of July 2012–June 2013 (when 175 cases were referred) and July 2013–May 2014 (when 41 cases were referred). The Committee requests that the Government provide information on the reasons for the significant decrease in criminal cases referred to court by the Inspection and Enforcement Section, and to provide further information on the manner in which effective cooperation between this section and the justice system is ensured.

Articles 10, 11 and 16. Material resources of the labour inspectorate and visits of inspection. The Committee notes the information in the report of the Ministry of Labour, Industrial Relations and Employment of 2010–2012 that there has been a continual increase in the number of inspection visits conducted by the Occupational Safety and Health Inspectorate, from 2,179 visits in 2010 to 3,350 such visits in 2012. It further notes a significant increase in the inspections undertaken by the Inspection and Enforcement Section, from 485 inspections in 2010 to 1,501 inspections in 2012. The Committee also notes with interest that a further eight funded Labour and Industrial Relations Officer positions were added since the Government’s last report. It notes, however, that 12 of these posts (out of 54) remain vacant, and that approximately 20 per cent of all posts in the Labour and Industrial Relations Division are vacant (23 vacancies out of 106 funded positions). Noting the information provided by the Government concerning the procedure for recruitment, the Committee requests that the Government continue to take steps to fill the vacant positions in the Labour and Industrial Relations Division, and to provide information on the results achieved in this regard.

Article 12(1)(b) and (2). Powers of entry of inspectors in premises which they may have reasonable cause to believe to be liable to inspection. The Committee previously noted that pursuant to section 4 of the Occupational Safety and Health Act (Employees’ Lodging Accommodation) Regulations 2011, an authorized officer may enter, with the consent of the head of any undertaking, any building used as lodging accommodation, in order to undertake an inspection or investigation as may be necessary. In this regard, the Committee recalled that pursuant to Article 12(1)(b) and (2) of the Convention, labour inspectors provided with proper credentials shall be empowered to enter by day any premises which they may have reasonable cause to believe is liable to inspection and should be authorized to abstain from notifying their presence to the employer or his/her representative if they consider that such a notification may be prejudicial to the performance of their duties.

The Committee notes the Government’s statement that, as prior notification for inspection of employees’ lodging accommodation may be prejudicial to the performance of the duties of Occupational Safety and Health Officers, measures are being taken to amend the relevant legislation so that such Officers can enter lodging accommodation without the employer’s consent. The Committee encourages the Government to pursue its efforts to amend the Occupational Safety and Health Act (Employees’ Lodging Accommodation) Regulations to achieve full conformity with Article 12 of the Convention. It asks the Government to provide a copy of the new legislation, once it is adopted.

Articles 14 and 21(g). Recording and notification of cases of occupational disease. The Committee notes the information submitted with the Government’s report concerning the number of cases of occupational and work-related diseases diagnosed during screening sessions at occupational health clinics in 2011, 2012 and 2013. The Government indicates that statistics on occupational diseases are maintained by the Occupational Health Unit within the Ministry of Health and Quality of Life. With reference to paragraph 81 of its 2006 General Survey on labour inspection, the Committee requests that the Government provide information on the manner in which the units of the Ministry of Labour, Industrial Relations and Employment performing inspections (particularly the Occupational Safety and Health Inspectorate) are notified of cases of occupational disease.

Articles 20 and 21. Content and publication of an annual report. The Committee notes the annual report of the Ministry of Labour, Industrial Relations and Employment of 2010–12 submitted with the Government’s report, containing information on the activities of the Ministry, including of the Occupational Safety and Health Inspectorate and the Inspection and Enforcement Section of the Labour and Industrial Relations Division. This includes statistical information concerning the number of inspection visits undertaken, the number of complaints, the total value of fines imposed, the number of occupational accidents reported and the number of cases prosecuted before the Industrial Court. The Committee encourages the Government to pursue its efforts to ensure the publication of an annual report within the time limits prescribed by Article 20 of the Convention containing complete information on all the subjects listed in Article 21(a)–(g), including the number of workplaces liable to inspection, the number of workers employed therein, statistics on occupational diseases, as well as data on the violations detected and the number and nature of the penalties imposed.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

With reference to its observation, the Committee wishes to bring the following additional issues to the Government’s attention.

Article 5(a) of the Convention. Cooperation between the labour inspection inspectorate and other bodies to achieve the goals of the Convention. Effective cooperation with competent bodies entrusted with registration of establishments liable to labour inspection. Referring to it general observation of 2009 whereby the Committee strongly encouraged Members to endeavour to establish registers of workplaces liable to inspection or to improve existing registers, the Committee notes with interest the adoption of the (Registration of Employers and Permits of Job Contractors) Regulations 2009 – GN No. 24 of 2009 – made on February 2009 under the Employments Rights Act 2008. According to the Government, the Regulations stipulates that all employers of ten or more workers should register themselves with the Permanent Secretary of the Ministry of Labour and Industrial Relations and Employment (MLIRE) in providing detailed information such as the nature of business, the number of male and female workers employed and their category. Such information may prove useful to produce a plan of inspection so that industrial workplaces can be inspected, as often and as thoroughly as is necessary, to ensure the effective application of the relevant legal provisions in conformity with Article 16 of the Convention, according to criteria relevant to determine priority actions. The Committee would be grateful if the Government would keep the Office informed of any progress made in the registration of workplaces liable to labour and occupational safety and health (OSH) inspection, and if it would provide more detailed information on how it uses the data obtained to improve the organization and planning of labour inspection activities.

Effective cooperation between the labour inspection services and the justice system. The Committee welcomes the detailed information showing the support brought by the justice system to the work of the labour inspection bodies. Referring to the statistics received with the previous Government’s report, it notes that between June 2007 and May 2009, in Mauritius, 12,928 complaints had been registered, while 12,179 had been disposed of. In the last four years, the number of civil cases referred to both Chambers and Court, and the number of civil cases disposed of by Chambers and Court increased, the amount of the fines for civil cases recovered dropped significantly, while those for the criminal cases increased to a large extent. Additionally, between June 2009 and May 2011, these figures, as well as the amount of recovered correspondent fines, have continued to increase significantly. The Committee asks the Government to explain the above described trends, and to keep the Office informed of any lessons learnt and of any measures envisaged or taken to improve the efficiency of the labour inspection system with the effective support of the justice system, as recommended in the general observation of 2007 under this convention.

Concerning the impact of the cooperation of the justice system on safety and health situation in workplaces, according to the Government, the number of industrial injuries decreased because of the increase in penalties and the ongoing training provided by the OSH division of the MLIRE to both employers and employees. However, the rate of work accidents remains high in the construction and manufacturing sectors. Taking into consideration the very important socio economic cost of work injuries, the Committee urges the Government to take all the necessary measures to strengthen labour inspection activities, targeting the occupational risks faced by the workers in construction and manufacturing workplaces, in the very near future, and to keep the ILO informed of any progress achieved in this regard. Such measures could include those promoted in Part II of Recommendation No. 81, involving employers and workers of these sectors, as well as technical schools and any other competent public or private body.

Article 5(b). Collaboration between officials of the labour inspectorate and employers’ and workers’ organizations. The Committee notes that, according to the Government’s report, the authorities set up two tripartite consultative statutory bodies, namely, the Labour Advisory Board Council and the Advisory Council for Occupational Safety and Health. The Government is requested to supply information of the work of these two bodies and the results achieved during the next reporting period.

Article 7 (1) and (2). Recruitment and training of labour inspectors. The Committee would be grateful if the Government would keep the Office informed of the recruiting process, specifically on the procedure applied and the criteria used to evaluate the qualifications of the candidates to the Labour Inspectorate Cadre for the performance of their duties.

Article 7(3). Training of the labour inspection staff for the performance of their duties. The Committee notes that the officers of Labour inspectorate Cadre continued to benefit from overseas courses and seminars between June 2009 and May 2011. The Committee asks the Government to provide more detailed information on the impact of these trainings on the observance of the legal provisions pertaining to conditions of work and the protection of worker while engaged in their work. It also asks the Government to supply information on any type of domestic training provided to labour officers performing labour inspection activities (area, attendance, frequency, duration, etc.).

Articles 8 and 10. Composition of the labour inspection staff. The Committee notes with interest that funds have been earmarked for the filling of the existing vacancies in the Labour Inspectorate Cadre. It also notes that attention has been paid to gender balance among labour inspectors by recruiting more women. The Committee would be grateful if the Government would send a copy of the Remuneration Cadre, which was not attached to its report, and if it would specify whether women inspectors are assigned to special duties or to specific areas of inspection, for example, in sectors with a predominantly female workforce.

Articles 11 and 16. Material resources of the labour inspectorate and visits of inspection. The Committee notes that, according to the Government’s report, the regional offices at the Occupational Safety and Health Inspectorate (OSHI) are no longer operational, since 2009, with a view to a more effective use of available resources. The Committee also observes that the number of inspections decreased significantly in the last two years (from 3,963 between June 2007 and May 2009 to 1,056 between June 2009 and May 2011). The Committee would be grateful if the Government would take all the necessary measures to improve the coverage of the labour inspection system in spite of the suppression of the regional offices, and if it would keep the ILO informed on any progress made in this regard.

Article 12(1)(b) and (2). Powers of entry of OSH inspectors in premises which they may have reasonable cause to believe to be liable to inspection. The Committee notes that, according to article 4 of the OSH Act (Employees’ Lodging Accommodation ) Regulations 2011, an authorized officer may, for the purposes of these regulations, enter, with the consent of the head of any undertaking, any building used as a lodging accommodation, in order to make such inspection or investigation as may be necessary. The Committee would like to draw the Government’s attention to Article 12(1)(b) and (2) of the Convention, according to which labour inspectors provided with proper credentials shall be empowered to enter by day any premises which they may have reasonable cause to believe to be liable to inspection (paragraph 1(b)), and should be authorized to abstain from notifying their presence to the employer or his/her representative if they consider that such a notification may be prejudicial to the performance of their duties (paragraph 2). The Committee would be grateful if the Government would indicate the measures taken or envisaged to amend article 4 of the OSH Act (Employees’ Lodging Accommodation) Regulations 2011 so as to bring it in line with Article 12 of the Convention.

Articles 14 and 21(g). Recording and notification of cases of occupational disease. The Committee notes that no data on cases of occupational disease in the industrial and commercial establishments has been provided to the ILO, and that such information is not posted on the MLIRE website. In reply to the previous direct request, the Government suggests that the most plausible explanation for the previously noted decrease in reported cases of occupational diseases is that in 2004, the occupational health doctors were carrying out health surveillance for workers from private workplaces (workshops, factories, construction, etc.) which may, in principle be considered as more hazardous than public workplaces. The Committee requests the Government to describe the procedure for the recording and notification of occupational diseases in industrial and commercial establishments, specifying the role of the labour inspectorate in this framework and to furnish statistics of occupational diseases in its next report.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The committee notes with interest the detailed information provided in the Government’s report, as well as the abundant documentation attached to it.

Articles 20 and 21 of the Convention. Content and publication of an annual report. Referring to its General Observation of 2010 on this crucial issue, the Committee recalls that detailed and well prepared annual reports on the activities of the labour inspection system are of fundamental importance to assess its rate of coverage and to determine the resources that have to be allocated to this public function to achieve the objectives assigned to it. The Committee notes that the majority of information requested under Articles 20 and 21 are made available to the ILO either through hard copies transmitted by the Government with its report or statistics published via the website www.labour.gov.mu, and that, according to the Government, it has not been possible to finalize the publication of the annual report because the statistical unit of the Ministry is not yet fully operational. Therefore, the Committee strongly encourages the Government to pursue its efforts with a view to the fulfilment by the central inspection authority of its obligation to publish an annual report in accordance with Articles 20 and 21 of the Convention, as well as the guidance given in Part IV of the Labour Inspection Convention, 1947 (No. 81). The Committee requests the Government to keep the ILO informed of all the progress made in this regard.

The Committee is also raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 7, 8 and 10 of the Convention. Composition of the inspection staff and recruitment of inspectors. The Committee notes with interest in response to its previous comments that in July and August 2008, nine trainee labour and industrial relations officers were enlisted and that they will benefit from on the job training and, in December 2009, a certificate course in industrial relations. It also notes the information that although funds were available for seven OSH posts in 2007–08, due to the lack of suitable candidates, only one assumed duty in July 2008. Noting the recommended readvertisement by the Public Service Commission of the OSH posts which could not be filled, the Committee asks the Government to indicate the developments occurred as regards recruitment to fill the posts budgeted in 2007–08 and to report any obstacles encountered in the recruitment and training process. Also noting that out of the ten new inspectors eight are men, the Committee encourages the Government to pay more attention to gender balance among labour inspectors by attracting more women and to keep the ILO informed about any development in this regard.

Article 14. Reporting of occupational accidents and cases of occupational disease. The Committee notes that under sections 85 and 86 of the Occupational Safety and Health Act 2005, employers and medical practitioners are required to notify the Director of Occupational Safety and Health of occupational accidents and cases of occupational disease. It notes a considerable decrease in reported industrial injuries between 2007 (2,659 cases) and 2008 (1,694 cases) and the discrepancy with the information as regards industrial accidents (163 between 2008 and 2009) contained in the Government’s website (www.labour.gov.mu). The Committee would be grateful if the Government would explain these figures and also provide the ILO with the reasons of the considerable decrease in reported occupational diseases (1,019 cases in 2004 and 544 cases in 2008) published in the abovementioned web site, and with further details on the procedure followed to put into practice the abovementioned law (regulations, instructions, etc.).

Articles 20 and 21. Publication of an annual report. The Committee notes that the Ministry has already set up, with the assistance of the Central Statistics Office (CSO), a Statistical Unit which will allow the compilation of all data necessary for the publication of an annual report by the Ministry. It notes that most of this information is now available on the web site of the Ministry and that the statistics requested under Article 21(b), (c), (d), (e) and (f) of the Convention were also attached to the Government’s report. The Committee would be grateful if the Government would soon be able to ensure that such a report is published, and that it would also contain statistics on cases of occupational disease (point (g)).

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 5(a) and 21(e) of the Convention. Effective cooperation between the labour inspection services and the justice system. The Committee notes with interest, with reference to its 2007 general observation, that under section 26 of the Occupational Safety and Health Act, 2005, the Permanent Secretary of the Ministry of Labour, Industrial Relations and Employment, or any officer of the Ministry, may conduct a prosecution under the OSH Act before any court other than the Supreme Court. They are also empowered, by the Industrial Court Act, in respect of legal provisions relating to conditions of work, to institute both legal and criminal proceedings in the Industrial Court for, and in the name of a worker, through its prosecution unit. The Committee notes in particular with interest that the principal occupational safety and health officers are provided with prosecution courses by officers of the State Law Office and act as prosecutors for the Occupational Safety and Health Inspectorate. The Committee also notes with interest that the powers entrusted to labour inspectors to conduct prosecutions before the Industrial Court, as well as before other courts, give them the opportunity to facilitate the proceedings, particularly by suggesting the postponement of a decision on the case until the defect is remedied. The Committee would be grateful if the Government would indicate any further measures taken to encourage cooperation between the labour inspectorate and the justice system, such as the organization of meetings, seminars or training sessions aimed at mutual awareness raising for common objectives, the exchange of information, the execution of decisions, etc., and on the impact of such cooperation on observance of the legal provisions pertaining to conditions of work and the protection of workers while engaged in their work.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 6 of the Convention. Status and conditions of service of occupational safety and health inspectors. In its previous comments, the Committee requested the Government to provide information on the manner in which occupational safety and health (OSH) inspectors under contract were ensured stability of employment and were independent of changes of government and of improper external influences. The Government states that recourse was made of such inspectors until the prescription of the Scheme of Service for OSH inspectors. The Committee notes with interest that such a Scheme of Service has been adopted and that there are no more OSH inspectors under contract.

2. Articles 7, 8 and 10. Composition of the inspection staff and recruitment of inspectors. As regards the appointment of inspectors, the Committee notes the Government’s indication that, due to budgetary constraints, a proposition to fill only four vacancies of OSH inspector posts was submitted to the Public Service Commission. In response to the previous comments of the Committee regarding the filling of vacancies in the grade of labour and industrial relations officers (labour inspectors), the Government states that, since no qualified candidates were available on the labour market, the Public Service Commission has been requested to recruit trainee labour and industrial relations officers and that funds for seven such trainee posts will be provided in the 2007–08 budget. It notes in particular that trainees will undergo and complete a period of training of at least two years, which includes both on-the-job training and a course, to be eligible for appointment as labour and industrial relations officers as and when vacancies occur. The Committee notes with interest the measures taken to facilitate the recruitment and upgrade the skills of future inspectors. It requests the Government to indicate if all the posts of OSH and labour inspectors that have been budgeted for 2006–07 and 2007–08 have been or are in the process of being filled, taking into account the need of a gender balance in the inspection staff. The Government is also requested to report any obstacles encountered in the recruitment and training process.

3. Articles 20 and 21. Publication of an annual report. Referring to its previous comments, the Committee notes the detailed statistics attached to the report and the Government’s statement that steps are being taken for the posting of an annual report on the Ministry’s web site. It further notes that statistics on the work of the OSH inspectorate for 2004–06, as well as other data on labour inspections, are already available on this web site. Recalling that one of the purposes of the annual report on the work of the inspectorate is to help determine the resources needed, the Committee trusts that the publication of such a report can be achieved in the very near future, since most of the information to be compiled is already available.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee has noted the Government’s report for the period ending 31 May 2005, the information it contains in response to its previous comments and the documents attached. The Committee would be grateful if the Government would provide in its next report additional information concerning the following points.

1. Number of inspectors and their status and conditions of service. Referring to its previous comments relating to the level of the salaries of inspectors, the Committee notes the Government’s explanations concerning the role of the Pay Research Bureau (PRB) in the re-examination of pay, grade structure and the conditions of service of public officials. It notes in this regard the conclusions of the PRB concerning differences in wages affecting Occupational Health and Safety Inspectors. The Committee invites the Government to ensure that, within the framework of the procedures it describes, it takes into account the need to guarantee public officials responsible for labour inspection a level of pay and career prospects which will attract and retain quality staff and to ensure that they are independent of any improper influence, in accordance with Article 6 of the Convention, when determining their conditions of service. The Committee also notes the information relating to the conditions of service of inspectors under contract. It requests the Government to indicate the manner in which these officials are ensured stability of employment and are independent of changes of government and of improper external influences, as required by the same Article of the Convention. The Committee hopes moreover that the Government will soon be in a position to indicate that the vacant posts, both in the Occupational Safety and Health Inspectorate and the Labour Inspectorate, have been filled.

2. Publication of an annual report. The Committee, which notes the tables of statistics attached to the report, hopes that the Government will soon be in a position to transmit the annual reports which, since 2001, it has repeatedly indicated are being compiled. It recalls the importance that it attaches, for the proper functioning of the labour inspectorate, to the publication and transmission to the ILO by the central inspection authority of an annual inspection report containing all the information required under Article 21 of the Convention within the deadlines prescribed by Article 20. The Committee hopes that the Government’s next report will indicate real progress in this regard.

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

With reference also to its observation, the Committee draws the Government’s attention to the following points.

1. Number of inspectors and their status and conditions of service. The Committee notes that, according to the table on the number of inspectors, of the 60 posts of inspector envisaged for the inspection and enforcement division, only 53 are actually filled, and of the 37 posts of inspector envisaged for the health and safety division, only 21 are filled. Noting also the annotation "under contract" for seven of these 21 inspectors, the Committee requests the Government to indicate the measures adopted or envisaged to increase the staff of the inspection services, in particular by filling the vacant posts that have been budgeted for. The Government is also asked to specify the status and conditions of service of inspectors under contract.

2. Publication and communication of an annual inspection report. The Committee notes the various statistical tables on the items specified under points (b), (c), (d) and (e) of Article 21 of the Convention for the period June 2001 to May 2003. It trusts that the activity reports for the previous years, the formulation of which was announced by the Government, will be available to employers and workers and their organizations, and that the Government will ensure that in future an annual inspection report will be regularly published and sent to the ILO, as required by Article 20, and that it will contain the information requested under Article 21, including statistics of industrial accidents and occupational diseases ((f) and (g).

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

The Committee notes the Government’s report, the partial replies to its previous comments and the attached documents. In particular, it notes with interest the information on the results of inspection activities for the period June 2001 to May 2003 in export processing zones, in which many workers are employed, and in enterprises employing child workers.

Working conditions of labour inspectors. With reference to its previous comments, the Committee notes with interest the documents provided demonstrating the acquisition in recent years of various types of personal protective equipment for health and safety inspectors.

Conditions of service. Further to its previous comments, the Committee notes that the table comparing the wages of the categories of accredited inspectors with various institutions shows that an important difference to the detriment of health and safety inspectors. The Government is asked to indicate whether measures have been taken to compensate for this difference, such as special allowances or bonuses, in view of the complexity of their duties from both a material and human point of view.

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

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

With reference also to its observation on the application of the Convention, the Committee requests the Government to provide information on the following points.

Labour inspection and child labour. The Committee notes the data provided on the supervisory activities relating to child labour for the period from July 1999 to May 2001. It notes with interest that every two weeks labour inspectors carry out a round of inspections specifically targeted at child labour and that jointly with the competent body of the Ministry responsible for training they carry out awareness-raising and educational activities for employers’ and workers’ organizations, as well as the public in general. Also noting the collaboration between the Ministry of Labour and Industrial Relations and other ministries in the field of the protection of children, the Committee requests the Government to continue providing information on the activities of labour inspectors with regard to child labour, and their results, and to ensure that such information is regularly provided in the annual report on the activities of the inspection services.

Articles 20 and 21. The Committee notes the report on the activities of the Ministry of Labour and Industrial Relations for the period from July 1987 to June 1995, and the statistics on the staffing of the inspection services, workplaces liable to inspection and the workers employed therein, the number of inspections and employment accidents for the period 1999-2001. It reminds the Government that an annual inspection report covering the matters set out in points (a) to (g) of Article 21 should be published and communicated to the ILO within the time limits set out in Article 20. The Committee trusts that the Government will rapidly take the necessary measures to ensure that in future such a report is published regularly and communicated to the ILO.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report, the replies to its previous comments and the documents attached. The Committee also notes the information provided by the Government concerning the matters raised in the observation made by the Federation of Progressive Unions. It requests the Government to provide additional information on the following points.

1. Material conditions of work of inspectors. The Committee notes that, in reply to the statements by the Federation of Progressive Unions that safety and hygiene inspectors are not provided with protective equipment against the risks inherent in certain hazardous substances at the workplace which are liable to their supervision, the Government enumerates the equipment which is normally provided to them. The Committee would be grateful if it would provide a copy of any text setting out the obligation to provide such equipment, any document demonstrating the purchase by the inspection services of such equipment and any instructions for their utilization.

With regard to the inadequacy, from the point of view of the Federation of Progressive Unions, of the remuneration of labour inspectors, the Committee considers that its comparison with the remuneration received by newly recruited persons leaving secondary education without qualifications is not pertinent. It would be grateful if the Government would provide documents enabling it to make a comparison between the remuneration of labour inspectors and that received by other state employees possessing comparable skills and with comparable levels of responsibility.

2. Occupational safety and health. With regard to the allegations made by the Federation of Progressive Unions concerning the deterioration in occupational safety and health conditions due to the lack of commitment by the public authorities to the supervision of the relevant legislation, particularly on asbestos, benzene and other hazardous substances, the Committee notes with interest that the numbers of labour inspectors have been increased by the recruitment of 11 new inspectors and that an Act on the protection of consumers, adopted in 1999, prohibits the use of blue asbestos. The Committee also notes that the Government has requested the technical assistance of the ILO for the development of regulations with a view to the implementation of a programme to control and eliminate the use of asbestos. The Government is requested to continue providing information on any progress achieved by the labour inspection system with a view to improving the protection in law and practice of workers exposed to occupational hazards related to hazardous substances.

Finally, the Committee requests the Government to provide information on the progress made in the process of revising the 1998 Act respecting occupational safety, health and welfare, as well as the draft regulations respecting electricity, safety warnings and occupational noise.

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

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Referring also to its observation under the Convention, the Committee requests the Government to provide information on the following points.

1. Labour inspection in export processing zones. The Committee notes that under section 20 of the Industrial Expansion Act of 1993 a number of exceptions in the application of labour standards, mainly as concerns hours of work, are allowed in workplaces or businesses covered by this Act. It also takes note of available information that a great proportion of workers in manufacturing industries are employed in workplaces or businesses in export processing zones (according to data released by the Central Statistical Office, the number of employees in manufacturing industries in Mauritius was 136,700 in 1997, of which 81,300, or 59.5 per cent, worked in EPZs). The Committee hopes that the Government will provide detailed information on the work of the labour inspection in workplaces in EPZs and on the results achieved through inspection.

2. Annual inspection report (Articles 20 and 21). The Committee notes that a consolidated report of the Ministry of Labour and Industrial Relations for the period July 1987 to June 1995 has been compiled and will be sent to the ILO as soon as it is tabled in the National Assembly, and that the reports for subsequent years are being compiled and will be sent to the ILO as soon as they are published. The Committee hopes that these reports will soon be communicated to the ILO and that they will contain the information on the work of the labour inspection system including all the subjects listed in Article 21 of the Convention.

3. Number of workplaces (Article 10). The Committee requests the Government to provide statistics on the number of workplaces liable to inspection.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information provided by the Government in its report. It also notes the observations by the Federation of Progressive Unions of 28 October 1999 concerning the application of the Convention.

In its observations the Federation of Progressive Unions cites health hazards faced by workers from exposure to toxic substances such as benzene and asbestos as well as from dust, noise and environmental pollution. It refers to the virtual absence of medical examinations, the poor enforcement of the Occupational Safety and Health Act, the lack of a competent central authority, and the dispersion of responsibilities among different ministries with the resulting problems of monitoring. In addition, the Federation alleges that 12 factory inspectors for a workforce of 500,000 is inadequate, inspectors carrying out visits on dangerous sites lack sufficient protective equipment, and the wages for inspectors are not commensurate with their qualifications.

According to the Government's report, there were 55 labour inspector positions as of 31 May 1999, of which only 39 (including seven trainee inspectors) were filled. Likewise, there were 25 factory inspector positions monitoring occupational safety and health legislation, but only 13 positions were filled.

Taking note of the Government's intention to nominate additional inspection staff in the field of safety and health, the Committee hopes that the Government will provide information in its next report on any measures taken in this regard as well as its comments on the issues raised by the Federation of Progressive Unions.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Further to its previous comments, the Committee notes from the Government's most recent report that annual reports of the Ministry of Labour and Industrial Relations have already been compiled for the period July 1987 to June 1994, but that at the end of the financial year 1994-95 it has been decided that the annual reports should also include the period July 1994-95. The Government states further that as soon as the data is compiled the annual reports will be published. The Committee wishes to reiterate its previous comments that the compilation and publication, with a reasonable time after the end of the year to which they relate and in any case within 12 months, of annual inspection reports under Article 20 of the Convention, and containing all the information listed in Article 21, are an essential means of ascertaining whether workplaces are inspected as often and thoroughly as necessary, in accordance with Article 16. It hopes the Government will not fail to send the required reports soon and regularly thereafter.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Further to its previous comments, the Committee notes that annual reports of the Ministry of Labour and Industrial Relations are to be published and transmitted in the near future for the years 1987-92. While the Committee appreciates the information the Government continues to provide as to numbers and training of inspectors, it would again observe that the compilation and publication within the prescribed time-limits of annual inspection reports under Article 20 of the Convention containing all the information listed in Article 21 are an essential means of ascertaining whether workplaces are inspected as often and thoroughly as necessary in accordance with Article 16. It looks forward to the Government sending the required reports.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Further to its previous comments, the Committee notes that no annual report on inspection activities has been transmitted since that for 1987. While the Committee appreciates the information provided as to numbers and training of inspectors, it would observe that the compilation and publication of annual inspection reports under Article 20 of the Convention containing all the information listed in Article 21 are an essential means of ascertaining whether workplaces are inspected as often and thoroughly as necessary in accordance with Article 16. It hopes the Government's report will include full details.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 12, paragraph 1(c)(iv), of the Convention. With reference to its previous comments concerning the powers of inspectors to take or remove for the purpose of analysis, samples of materials and substances used or handled at the workplace, the Committee notes with satisfaction that section 14(1)(j) of the Occupational Safety, Health and Welfare Act of 1988 gives effect to this provision of the Convention.

Articles 20 and 21. The Committee notes with interest the information contained in the report of the Ministry of Labour and Industrial Relations, Women's Rights, and Family Welfare for the period 1981-87 and the statistics of the present number of filled and vacant posts in the factory inspectorate and labour inspectorate. It hopes that, in future, the reports concerning the activities of the labour inspection services will be published annually.