Individual Case (CAS) - Discussion: 1990, Publication: 77th ILC session (1990)

A Government representative, the Secretary of State for Labour, drew attention to the fact that the first phase of the project for the reorganisation of labour inspection services was intended to: broaden the geographical and operational scope of the labour inspectorate; create new professional categories within the service; introduce an adequate salary scale and provide training for inspectors with a view to improving the efficiency with which they carry out their duties. In addition, there had been a considerable increase in the number of inspectors to improve the quality of factory inspection and to deal more adequately with problems posed by the employment of Haitian workers. In the medium term, such action was expected to lead to the full application of this Convention. There were also plans to unify the labour inspectorate services in industry, commerce and agriculture. The use of computers would facilitate the standardisation of different inspection services and effective co-operation between the labour inspection services, as well as between them and public and private authorities in the corresponding sectors. The speaker referred to a bill dealing with the civil service and career prospects, which would be debated in both Houses in August 1990. If passed into law, labour inspectors would be guaranteed stability of employment, independent status in carrying out their dutues, and protection against dismissal except in cases of serious negligence. Another bill was designed to give labour inspectors greater and immediate decision-making powers in cases of imminent danger to the health and safety of workers. Moreover, he indicated that until such time as this national labour inspection service had been fully established, the Goverment would not be in a position to provide the ILO with adequate information about the work of such a service. To do this, technical co-operation would be needed from the international organisations and, in particular, from the ILO. The speaker explained that, since there was a democratic bicameral system in the country, the Government could not impose its point of view. However, it had a great interest in having these bills become law in order that the country might be able to comply more fully with its obligations towards the ILO.

The Employers' members stated that this year the present Committee would be called upon to examine questions relating to the application of this Convention on many occasions. It was an extremely important Convention in that it showed how the provisions on conditions of work were actually complied with and applied in practice. Of the many cases mentioned by the Committee of Experts' report this year, only those considered to have been grave cases of non-compliance had been selected. The Dominican Republic was one such case. The Committee of Experts had noted in its report that, according to earlier Government reports, a decision had already been taken to set up a national labour inspection system covering nearly all occupational sectors. However, after listening to the Government representative, it appeared that the Government was taking a step backwards: the words now being used were "planning stage", "preliminary projects" and "intentions", all of which were far less concrete than the word "decision". While still not clear about the actual situation, the Employers' members referred to certain provisions where recommended standards had not been respected: there had been no progress towards giving labour inspectors the status of state employees. Only such status under public law would guarantee labour inspectors security of employment, irrespective of changes in government, and freedom from any kind of interference. The Government representative had said that the changes in government had interrupted developments being made in this regard. However, the express intention of such a Convention was to make the inspection service completely independent of changes in government; no steps had been taken to give labour inspectors the right to take immediate on-the-spot decisions on measures that should be taken in cases of imminent danger to the health or safety of the workers; no steps had been taken to ensure that the labour inspection service would be informed not only about occupational accidents but also about occupational diseases; another critical issue was the fact that no annual reports had been either prepared or published. They should be published 12 months after the end of the year to which they referred, should provide all the information indicated in Article 21 and should be sent to the ILO. No reports had been received for the period 1983 to 1988. The written information of the Government which had been distributed during the session of the Committee mentioned that a report had finally been received, but the information contained therein was not yet available to the Committee. The Employers' members urged the Government to fulfil its obligations. They wondered, in the light of the statement of the Government representative, whether it was still possible to assume that plans for the future remained in the pipeline. Even assuming that that was the case, the word "decision" mentioned by the Experts would seem to have been "retracted" during the meeting of the present Committee. They asked the Government representative to clarify this point.

The Workers' members associated themselves with the remarks of the Employers' members, not only with regard to the stated intentions and projects but also on the question of the steps which were being taken to implement the provisions of the Convention. By way of example, they cited Article 13 of the Convention which deals with the action which labour inspectors were allowed to take in the course of their duties. The Committee of Experts noted that bills drafted in 1977 and 1980 which should have given effects to these provisions of the convention were still being examined. That attested to the fact that good intentions, plans and bills were not enough to illustrate that actual progress had been made in the application of the Convention.

The Government representative reiterated his Government's intention to pass laws which would facilitate the application of this Convention. He noted that there was no legislation governing labour inspection but pointed out that, before such laws could be introduced, they had to be passed in both Houses of the country's bicameral legislature.

The Employers' members stated that they fully appreciated the general difficulties which could arise in a democratic country and the problems which governments might face in dealing with issues in Parliament. However, they pointed out that, given that the Convention had been ratified in 1953, the results obtained so far should have been less meagre.

The Committee noted the written and oral information supplied by the Government. It understood that legislative measures, which should have been taken, had been thwarted because the corresponding Bill had been rejected by Parliament. It expressed the hope that the Government would, as soon as possible, establish an adequate system of labour inspection so as to comply with the requirements of the Convention.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

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

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

Also referring to its observation, the Committee once again requests the Government to supply further information on the following points raised in its previous direct request:

Article 10 of the Convention. Number and distribution of labour inspectors. The Committee notes the announcement of a competition to fill 12 labour inspector posts in order to increase the current number of staff, which presently stands at 178 serving inspectors. It would be grateful if the Government would indicate any changes which have taken place in this respect and the geographical distribution of inspectors, by grade and speciality. The Government is also requested to provide figures in respect of the replacement of inspectors who have retired.

Occupational safety and health. The Committee notes that a survey of working conditions and the working environment was due to be conducted in 2006. It requests the Government to supply information on the aim of the survey, the conclusions reached, and also its impact on the role and operation of the labour inspectorate in the future. It would be grateful if the Government would send copies of inspection reports relating to the survey.

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

The Committee notes that the Government’s report does not reply to its previous comments. It is therefore bound to repeat its previous observation on the following points:

Article 11(b). Increase in transport facilities for labour inspectors. The Committee notes that four new vehicles have been made available to inspectors for duty travel. It would be grateful if the Government would inform the Office of the impact of this important measure on inspection activities and their results.

Article 12, paragraph 1(a) and (b). Right of labour inspectors to enter any workplace freely. The Committee notes that, in response to its previous comments, it is planned to amend the national legislation so that, as provided by the Convention, inspectors will be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection. The Government is requested to provide information on any progress made in the amendment process envisaged to this effect or to communicate a copy of any text adopted.

Article 12, paragraph 1(c)(iv). Testing of substances and materials used or handled. Further to its previous comments concerning the usefulness of giving a legal basis to the prerogatives of labour inspectors, the Committee hopes that measures will be taken to give effect to this provision of the Convention under which labour inspectors must be  empowered to take or remove for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for such purpose. It asks the Government to keep the ILO informed of any progress made in this respect and to communicate a copy of the new occupational health and safety regulations which were due to be adopted in 2006.

Article 14. Notifying the labour inspectorate of industrial accidents and cases of occupational disease. The Committee once again asks the Government to take measures to determine the cases in which the labour inspectorate must be informed of industrial accidents and cases of occupational disease and to keep the Office informed in this respect. It would be grateful if the Government would also indicate progress in the drafting of a schedule determining and classifying occupational diseases.

Article 18. Effective enforcement of adequate penalties. The Committee notes the penalties provided for in sections 720 and 721 of the Labour Code for violations of labour legislation. It also notes the Government’s intention to consult the social partners within the framework of the Labour Advisory Council with a view to establishing financial penalties for obstructing labour inspectors in the performance of their duties. Further to its previous comments, the Committee once again asks the Government to ensure that a method is devised to review the amount of the fines imposed so that they maintain their dissuasive purpose despite any monetary fluctuations and that these penalties are effectively enforced. It hopes that the Government will soon be able to provide information on measures taken to this effect.

Articles 20 and 21. Annual inspection report. The Committee once again notes that, despite repeated requests, no annual inspection report of the kind provided for by the Convention has been received by the Office. The Committee recalls that the Government may request the technical assistance of the Office to create the necessary conditions to enable the central inspection authority to publish and communicate to the Office a report on the work of the inspection services under its control. The Committee strongly encourages the Government to take the necessary steps to this effect and to provide information on any progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary measures in the very near future.

The Committee is addressing a direct request to the Government concerning a number of other points.

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

Also referring to its observation, the Committee requests the Government to supply further information on the following points.

Article 10 of the Convention. Number and distribution of labour inspectors. The Committee notes with interest the announcement of a competition to fill 12 labour inspector posts in order to increase the current number of staff, which presently stands at 178 serving inspectors. It would be grateful if the Government would indicate any changes which have taken place in this respect and the geographical distribution of inspectors, by grade and speciality. The Government is also requested to provide figures in respect of the replacement of inspectors who have retired.

Occupational safety and health. The Committee notes that a survey of working conditions and the working environment was due to be conducted in 2006. It requests the Government to supply information on the aim of the survey, the conclusions reached, and also its impact on the role and operation of the labour inspectorate in the future. It would be grateful if the Government would send copies of inspection reports relating to the survey.

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

The Committee notes the Government’s report for the period ending in September 2006 and the documents attached thereto.

1. Article 6 of the Convention. Improvement of the conditions of service of labour inspectors. The Committee notes with interest that the wages of inspection staff have been increased (65 per cent for inspectors and 80 per cent for the directors of regional inspection offices).

2. Article 11(b). Increase in transport facilities for labour inspectors. The Committee notes with interest that four new vehicles have been made available to inspectors for duty travel. It would be grateful if the Government would inform the Office of the impact of this important measure on inspection activities and their results.

3. Article 12, paragraph 1(a) and (b). Right of labour inspectors to enter any workplace freely. The Committee notes with interest that, in response to its previous comments, it is planned to amend the national legislation so that, as provided by the Convention, inspectors will be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection. The Government is requested to provide information on any progress made in the amendment process envisaged to this effect or to communicate a copy of any text adopted.

4. Article 12, paragraph 1(c)(iv). Testing of substances and materials used or handled. The Committee notes with interest that the Department of Industrial Safety has benefited from ILO technical cooperation to improve health and safety conditions for workers in the workplace. Further to its previous comments concerning the usefulness of giving a legal basis to the prerogatives of labour inspectors, the Committee hopes that measures will be taken to give effect to this provision of the Convention under which labour inspectors must be  empowered to take or remove for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for such purpose. It asks the Government to keep the ILO informed of any progress made in this respect and to communicate a copy of the new occupational health and safety regulations which were due to be adopted in 2006.

5. Article 14. Notifying the labour inspectorate of industrial accidents and cases of occupational disease. The Committee once again asks the Government to take measures to determine the cases in which the labour inspectorate must be informed of industrial accidents and cases of occupational disease and to keep the Office informed in this respect. It would be grateful if the Government would also indicate progress in the drafting of a schedule determining and classifying occupational diseases.

6. Article 18. Effective enforcement of adequate penalties. The Committee notes the penalties provided for in sections 720 and 721 of the Labour Code for violations of labour legislation. It also notes the Government’s intention to consult the social partners within the framework of the Labour Advisory Council with a view to establishing financial penalties for obstructing labour inspectors in the performance of their duties. Further to its previous comments, the Committee once again asks the Government to ensure that a method is devised to review the amount of the fines imposed so that they maintain their dissuasive purpose despite any monetary fluctuations and that these penalties are effectively enforced. It hopes that the Government will soon be able to provide information on measures taken to this effect.

7. Articles 20 and 21. Annual inspection report. The Committee once again notes that, despite repeated requests, no annual inspection report of the kind provided for by the Convention has been received by the Office. The Committee recalls that the Government may request the technical assistance of the Office to create the necessary conditions to enable the central inspection authority to publish and communicate to the Office a report on the work of the inspection services under its control. The Committee strongly encourages the Government to take the necessary steps to this effect and to provide information on any progress made in this regard.

The Committee is addressing a direct request to the Government concerning a number of other points.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Also referring to its observation, the Committee notes that the Bill on the prevention of occupational risks should be the subject of an examination at second reading by the National Congress. It would be grateful if the Government would keep the Office informed of any development in this regard.

Article 3, paragraph 1(c), of the Convention. The aim of this provision, namely to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions, is to involve labour inspectors in the process of improving and developing legislation relating to conditions of work. They are actually the prime witnesses of the effects of certain gaps existing in legislation on the workplace. In this regard it would be desirable that the legislation make provision for the obligation to advise be laid down by section 436 of the Labour Code vis-à-vis the employer to be accompanied by the obligation to notify relevant findings to the competent authority. The Committee would be grateful if the Government would keep the Office informed of any measure taken or envisaged in this regard.

Article 7. The Committee requests the Government to provide regularly information on the content of the training given to labour inspectors, on the number of inspectors concerned and on the impact of this training on the results of inspection activities.

Article 9. The Committee notes with interest the strengthening of the Directorate General of Industrial Safety and Health, which currently comprises two doctors, five industrial safety engineers, one psychologist and four specialists in chemistry, who collaborate with the labour inspection services. The Government is requested to provide details of the practical arrangements for this collaboration and on its impact, particularly in establishments liable to inspection, where appropriate.

Articles 11, paragraphs 1(b) and 2; Articles 16 and 21. The Committee requests the Government to provide any document and any information concerning the cases and practical arrangements relating to the provision of vehicles by the Secretariat of State for Labour for inspectors operating in the sector of the capital and concerning cases and arrangements for the reimbursement of travel expenses incurred in the performance of their duties by inspectors operating in other regions of the country, to enable them to carry out inspection visits in accordance with Article 16 of the Convention.

Article 14. The Committee notes with interest that a schedule is being prepared for determining and classifying occupational diseases and that a handbook and a new regulation on safety and health at work are being drawn up, with the assistance of Spain. The Committee hopes that the Government will soon adopt measures to give effect to this Article, which provides that the labour inspectorate shall be notified of industrial accidents and cases of occupational disease in such cases and in such manner as may be prescribed by national laws or regulations. It requests it to communicate any relevant information.

Article 19. The Committee would be grateful if the Government would state the measures taken or envisaged to give effect to this Article concerning the obligations and arrangements for periodical reports from the labour inspectors to the central inspection authority.

Articles 20 and 21. The Committee notes the statistical information on the work of the labour inspection services. Referring to paragraphs 272 ff. of its 1985 General Survey on labour inspection, which stress the importance at national and international levels of the publication and communication to the ILO of annual general reports on the work of the inspection services. The Committee again expresses the hope that the Government will not fail to ensure that effect is given rapidly to these provisions, the application of which is essential for evaluating and improving the inspection system.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information communicated by the Government in response to its previous comments and the attached documents. It draws the Government’s attention to the questions which have been the subject of comments for a number of years and requests it to provide relevant information as required by point (c) of the "Subsequent reports" heading of the practical guidance for drawing up reports (report form on the Convention).

Article 12, paragraph 1(a) and (b), of the Convention. The Government continues to state that section 434 of the Labour Code conforms with these provisions. The Committee considers the wording of this section insufficiently precise in this regard and therefore requests the Government to follow the guidance contained in paragraphs 160-165 of its 1985 General Survey on labour inspection for taking measures to enable inspectors to have express authorization on a legal basis to enter at any hour of the day or night (as provided for by the Convention), or more generally "at any time", any workplace liable to inspection (subparagraph (a)), and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection (subparagraph (b)). The Committee hopes that the Government will not fail to keep the Office informed of any progress in this regard.

Article 12, paragraph 1(c)(iv). The Committee notes the Government’s indications to the effect that labour inspectors and inspectors from the Department of Industrial Safety of the Secretariat of State for Labour take and remove in practice samples of substances and materials used in workplaces. Underlining the need, as it did in paragraphs 177 and 178 of its 1985 General Survey on labour inspection, to stipulate this entitlement expressly in a legal text and to observe certain guarantees in its implementation, the Committee again requests the Government to ensure that effect is given to these provisions of the Convention in the legislation and to keep the Office informed of any progress in this regard.

Article 18. The Government’s attention must again be drawn to the need to ensure that financial penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties are established taking account of the dissuasive purpose that they are to fulfil despite any monetary fluctuations and that these penalties are effectively enforced. The Committee requests the Government to keep the Office informed of any measure taken to this end and of any difficulties encountered.

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

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

With reference to its observation, the Committee requests the Government to provide additional information on the following points.

1. Organization of the inspection system. The Committee notes that, in accordance with Decision No. 16-99 of 17 May 1999 modifying the organization of the Secretariat of State for Labour, a directorate for the coordination of the inspection system, under the direct authority of the Secretary of State for Labour, is responsible for determining the framework and strategies of the labour inspection services. Noting that the above Decision approves and implements the manuals formulated in the context of the project for the modernization of public administration (MATAC-ILO) respecting the organization, duties and classification of posts, the Committee requests the Government to provide a copy of any manual concerning the organization, duties and posts of the labour inspectorate approved in this framework.

2. Defects or abuses not covered by the legislation (Article 3, paragraph 1(c), of the Convention). With reference to its previous comments (1995bis), in which it requested the Government to take measures to give effect to this provision of the Convention, under which the functions of the system of labour inspection should include bringing to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions, it notes that no relevant provision has been adopted to give a legal basis to this function. The Committee wishes to emphasize, as it has on several occasions, including in paragraph 79 et seq. of its 1985 General Survey on labour inspection, the need to entrust the labour inspection services with this duty which, if it is properly carried out, promotes the adoption of new protective measures. Indeed, labour inspectors are particularly well situated to alert the authorities to the need for new regulations that are better suited to the needs of workers. The Committee hopes that the Government will be in a position to indicate in its next report the provisions which have been adopted or are envisaged for the purposes of this provision of the Convention.

3. Qualifications of labour inspectors and association of technicians in the work of inspection (Articles 7 and 9). The Committee notes that the staff of the labour inspection services does not include duly qualified experts and technicians in the fields of electricity, engineering, chemistry or medicine, but that workshops are organized by the General Directorate of Industrial Safety and Health in collaboration with the Spanish Ministry of Labour and Social Security to train labour inspectors in the field of occupational safety and health. It also notes that the General Directorate of Industrial Safety and Health envisages recruiting an occupational physician, as well as an industrial safety engineer. Also noting with interest that labour inspectors regularly participate, in the context of the MATAC-ILO project in training courses supervised by the Technical Labour Training School of the Secretariat of State for Labour, the Committee would be grateful if the Government would indicate the number of inspectors concerned for each of the above training courses, and if effect has been given to the envisaged recruitment of specialists in occupational medicine and safety.

4. Legal basis for the discharge of the duties of labour inspectors in respect of the prevention of occupational risks. Noting that a Bill on the prevention of occupational risks has been approved by the Senate of the Republic, the Committee would be grateful if the Government would keep the ILO informed of the process of the adoption of this text and if it would provide a copy of the definitive text.

5. Transport facilities and reimbursement of travel expenses of labour inspectors (Article 11). The Committee notes that, according to the Government, inspectors discharging their duties in the capital receive a transport indemnity and that those operating in the rest of the country receive compensation for accommodation and eating expenses, with any unplanned costs generally being reimbursed by the inspection services. The Government is requested to provide details on the manner in which labour inspectors discharging their duties outside the capital carry out their professional travel, and on the criteria for determining the amount of the transport indemnity received by labour inspectors posted to Santo Domingo, as well as on the conditions for the reimbursement to labour inspectors of professional travel expenses.

6. Notification to labour inspectors of industrial accidents and cases of occupational disease (Article 14). Noting that the Government’s report does not contain information on the manner in which it is ensured that the labour inspection services are notified of industrial accidents and cases of occupational disease, and referring once again to section 443 of the Labour Code, under which the Dominican Social Security Institute and the General Directorate of Occupational Safety and Health of the Secretariat of State for Labour are under the obligation to notify this information to the Department of Labour, the Committee requests the Government to indicate whether such notification is intended for the inspection services. It also requests the Government to indicate the progress achieved in preparing a schedule determining and classifying occupational diseases, and new regulations on occupational safety and health.

7. Annual inspection report (Articles 20 and 21). Noting that, according to the Government, the inspection services prepare an annual report on the activities of inspectors under their authority, and nevertheless observing the continued failure to supply such a report, the Committee hopes that the preparation of this report will be facilitated in the context of the MATAC-ILO project and that effect will soon be given to the above provisions of the Convention.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report for the period ending on 31 May 2001, and the annexes attached thereto. With reference to its previous comments, the Committee again draws the Government’s attention to the following points.

1. Right of labour inspectors to enter freely any workplace liable to inspection (Article 12, paragraph 1, of the Convention). The Committee notes that the Government’s report does not contain the information requested concerning the measures taken or envisaged to enable inspectors legally to enter at any hour of the day or night any workplace liable to inspection (1(a)) and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection (1(b)). The Committee again stresses the importance of allowing inspectors to enter freely establishments employing workers covered by the labour legislation in order to carry out checks, particularly regarding illegal work and the state of machinery and plant even outside the working hours of the establishments concerned. It therefore hopes that the Government will take the necessary steps to overcome this serious shortcoming in the legislation in the light of the Convention’s objectives, and that it will supply information in this regard in its next report.

2. Scope of supervisory powers (Article 12, paragraph 1(c)(iv)). Referring to paragraphs 176 and 177 of its General Survey on labour inspection of 1985, the Committee hopes that the Government will provide information on measures taken to ensure that labour inspectors have the authority to take or remove for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for such purpose.

3. Prosecution of offences and imposition of penalties (Article 18). The Committee refers again to the conclusions of a report drawn up in 1991 by the Inter-American Labor Administration Center showing that fines are usually negligible, and notes that the Government mentions no measures to remedy the ineffectiveness of the labour inspection system in this regard. It therefore asks the Government once again to specify the measures taken or envisaged to ensure that in practice sufficiently dissuasive and effective sanctions are applied for violations of the legal provisions covered by the Convention and for obstructing labour inspectors in the performance of their duties.

The Committee is addressing a direct request to the Government in which it raises other matters.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s reports for the period ending May 1999 and the attached documents. It also notes the information available at the ILO on the progress of the establishment and completion of certain phases of the project for the modernization of labour administration in Central America with ILO cooperation (project MATAC-ILO). This shows significant progress in regard to the organization of the labour administration system, including the organization of a labour inspection system placed under the coordination of a central directorate of the Secretariat of State for Labour. The Committee notes in particular with satisfaction that Executive Decree No. 75-99 under which Act No. 1491 of 1992 regarding the civil service and administrative careers now extends to the staff of the Secretariat of State for Labour as this measure gives labour inspectors the status of public officials, in accordance with Article 6 of the Convention. The Committee considers, in fact, that this is one of the essential conditions for application of the Convention in that it gives inspectors the necessary authority and impartiality in their relations with employers and workers. The Committee expresses the hope that the reorganization of the inspection system along with the enhancement of the status of labour inspection staff will be paralleled by an evolution, in the framework or as a result of the MATAC-ILO project, of labour legislation in accordance with the purposes of the Convention. In this regard, it emphasizes the need to give a legal basis to the powers of inspectors as laid down particularly in Article 12(1)(a) and (b), which the Government states exists in practice, and by Article 18 for which difficulties of application result, according to a preliminary study conducted in 1991 by the Inter-American Labour Administration Centre, from inadequate cooperation from the judicial authorities in pursuing offenders against labour legislation as well as the derisory nature of the fines imposed. The Committee would be grateful if the Government would supply regular information regarding progress in the activities undertaken to improve the effectiveness of the labour inspection system and their impact on application of the Convention in regard to the abovementioned provisions and the points raised in previous comments.

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

Article 3, paragraph 1(b), of the Convention. The Committee notes that, although section 425 of the Labour Code provides that the Labour Department shall maintain a free advisory service for employers and workers on the interpretation of labour laws and regulations, it does not entrust the labour inspection service with the functions of providing technical information and advice to employers and workers concerning the most effective means of complying with legal provisions, as required by this provision of the Convention. The Committee would be grateful if the Government would provide information on the measures which have been taken or are envisaged to entrust the service with these duties.

Article 3, paragraph 1(c). The Committee notes that section 436 of the Labour Code provides that when an inspector notes in any visit irregularities not permitted by laws and regulations, or situations, circumstances or conditions which may harm the employer or the workers or their interests, they shall notify the employer or his representative and, where appropriate, provide the technical advice considered appropriate. Nevertheless, the Committee notes that the above-mentioned section does not entrust inspectors with the duty of bringing to the notice of the competent authority (for example, by mentioning them in the inspection report) defects or abuses not specifically covered by existing legal provisions. The Committee requests the Government to indicate the measures which have been taken or are envisaged to give effect to this provision of the Convention.

Article 9. The Committee requests the Government to provide detailed information on the measures taken to apply this Article, with an indication of the extent to which the personnel responsible for inspection visits includes duly qualified technical experts and specialists in the fields mentioned or in allied fields or, in the event that they do not participate in such visits, the manner in which such persons collaborate with labour inspectors.

Article 11. The Committee requests the Government to indicate the measures which have been adopted to furnish labour inspectors with offices suitably equipped and accessible to all persons concerned, and the transport facilities necessary for the performance of their duties, as well as to reimburse them any travelling and unforeseen expenses which may be necessary for the performance of their duties.

Article 12, paragraph 1(a) and (b). The Committee notes that section 434(1) of the Labour Code does not empower inspectors to enter at any hour of the day or night any premises which they may have reasonable cause to believe to be liable to inspection. The Committee recalls the importance of authorizing inspection, even outside normal working hours, for example to verify that workers are not employed illegally at such times or to inspect the state of particular machinery when it is not in operation. The Committee requests the Government to indicate the measures which have been taken or are envisaged to give effect to these provisions of the Convention.

Article 12, paragraph 1(c)(iv). The Committee notes that the Labour Code does not authorize labour inspectors to take or remove for purposes of analysis samples of materials and substances used or handled. It requests the Government to indicate the measures which have been taken or are envisaged to give effect to this provision of the Convention.

Articles 17 and 18. The Committee notes section 442, as well as the relevant provisions of Title II of the Labour Code. It recalls that the Inter-American Labour Administration Centre (CIAT) emphasized in its Preliminary Diagnosis of the Labour Inspection Services of the Dominican Republic (July 1991) that labour inspectors had unanimously indicated that the principal problem encountered in inspection was the administrative incapacity to apply penalties, particularly in view of the fact that the judicial authority does not normally process reports of offences and, when it does so, its action is extremely slow and innocuous in view of the levels of fines that are in force. The Committee only has access to data relating to the situation as regards judicial actions against enterprises undertaken by the Secretariat of State for Labour in 1994, which indicate that of a total of 568 cases, 229 are still being processed, 255 convictions have been obtained, 70 were discharged and 14 have been deferred. The Committee requests the Government to supply additional information on the effect given to these Articles of the Convention.

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

The Committee notes the changes made under the terms of the Labour Code of 1992 in the organization of the Labour Inspection Service. It notes with satisfaction that section 436 of the above Code gives effect to Article 13, paragraph 2(b), of the Convention.

1. The Committee also notes the measures adopted in recent years, to which the Government refers in its report. It notes in particular the establishment of the National Directorate of Inspection, as a result of which the hierarchical rank of the central inspection authority was raised (Article 4). It also notes the statistics attached to the report which indicate a substantial increase in the number of activities undertaken by inspectors. The Committee would be grateful if the Government would provide details on the inspections carried out by sector, with an indication of the data relating to industry and commerce.

2. The Committee also notes that measures were taken to improve the technical and administrative support services for labour inspection. It would be grateful if the Government would provide further information on the impact of these measures, as well as on any other measure adopted to promote cooperation between the inspection services and other government services and public or private institutions engaged in similar activities (Article 5(a)). The Committee also notes that the inspection service maintains close collaboration with employers and workers and their organizations in the fields of guidance, information and conciliation. The Committee would be grateful if the Government would provide details of this collaboration, as well as on health and safety in enterprises (Article 5(b)).

3. The Committee notes that section 422 of the Labour Code, by providing that labour inspectors may not be dismissed, except for serious and inexcusable misconduct, assures their stability of employment and independence of changes of government and of improper external influences (Article 6). It also notes that measures were adopted to improve the social status of labour inspectors and that a beginning has been made in extending the scope of Act No. 14/91 respecting the public service with a view to applying it to labour inspectors, among other categories of officials. The Committee would be grateful if the Government would provide information in this respect.

4. The Committee notes that the number of labour inspectors has increased substantially, rising from 155 in 1992 to 212 in 1994, and that 32, of whom 15 are women (Article 8), were recruited in 1994 following psychological and technical character tests and a competitive evaluation of their motivation for the work and their juridical skills. The Committee also notes that measures were adopted for the technical training of labour inspectors, thereby giving effect to Article 7. Nevertheless, the Government states in its report that the number of labour inspectors continues to be insufficient to ensure the full discharge of the service. The Committee trusts that the Government will continue to take the necessary measures to ensure that, in the near future, the number of labour inspectors is sufficient (Article 10) to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions (Article 16).

5. The Committee notes with satisfaction the provision contained in section 443 of the Labour Code, which provides that the Dominican Social Security Institute and the General Directorate of Industrial Health and Safety of the Secretariat of State for Labour have to notify the Labour Department of the industrial accidents and cases of occupational disease which come to their knowledge (Article 14). The Committee also wishes to recall that, although the notification of such accidents and diseases is not an objective in itself, but forms part of the more general objective of the prevention of employment injuries, its objective of permitting investigations to be carried out at the enterprises requires the rapid circulation of information between the enterprise, the above bodies and the National Directorate of Inspection. The Committee also notes the information provided by the Government that it requested the technical cooperation of the ILO to determine and classify occupational diseases, as well as to develop new industrial health and safety regulations. The Committee hopes that the government will inform it of the progress achieved in the adoption of a definition and classification of occupational diseases.

6. The Committee notes that, with the technical assistance of the ILO, which facilitated the structuring and computerization of basic administrative functions, reports on each activity performed by inspectors are included in the monthly summaries of each Local Labour Representation, in accordance with Article 19.

7. Articles 20 and 21. The Committee notes the statistical tables for 1994 attached to the Government's report. It notes that they do not contain data on the staff of the labour inspection service, the workplaces liable to inspection, industrial accidents (which are recorded separately) and occupational diseases, as required by section 443 of the Labour Code, which gives effect in law to paragraphs (b), (c) (with regard to workplaces liable to inspection), (d), (e), (f) and (g), of Article 21. They do not contain (this is not required by the law), information on the laws and regulations relevant to the work of the inspection services (paragraph (a)) nor data on the number of workers employed in the workplaces liable to inspection (paragraph (c)). The Committee trusts that the Government will take the necessary measures to ensure, not only in law, but also in practice, the application of these Articles of the Convention. It recalls that annual inspection reports have to be published (and not only prepared for the internal use of the administration) and transmitted to the ILO, which makes it possible for the Committee to undertake an evaluation of the effectiveness of the inspection system.

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

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

1. Further to its previous observations, the Committee has noted the information concerning labour inspections provided by the Government in its report, as well as in the Conference Committee in 1990 and 1991. In particular, it notes with interest the document concerning restructuring of the inspectorate prepared with the cooperation of the regional labour administration centre of the ILO. At the same time, it notes that the proposed revision of the Labour Code's provisions on labour administration is not yet ready for submission to the Congress; and that, pending the allocation of funds, the Civil Service Act (No. 14-91) is not applicable to the labour inspectorate. In view of the concern expressed in the Conference Committee at the failure since 1953 to take the necesary legislative steps to apply the Convention, the Committee once again urges the Government to ensure that the organisation, status and functions of the labour inspectorate are duly legislated to enable compliance in particular with Articles 4, 5 and 6 of the Convention.

2. The Committee notes that Circular No. 17/91 instructs inspectors to take immediate executory measures in accordance with the legislation and international provisions. It recalls the earlier more formal legislation drafted in this respect and would be grateful if the Government would clarify whether inspectors are now fully empowered to deal with the cases of imminent danger foreseen in Article 13(2)(b) or (3).

3. The Committee again recalls that there is no provision for the inspectorate to be notified of occupational diseases. Although the Government expresses no intention in this regard, the Committee hopes steps will now be taken to ensure the observance of Article 14.

4. The Committee notes the summary information on inspection activities from 1983 to 1991 provided in the report. This unfortunately does not enable an appreciation of the manner in which the Convention is applied, with regard more especially to the adequacy of inspection staff (Article 10) and the regularity and thoroughness of inspection visits throughout the country (Article 16). Nor is there any indication that the information has been published. The Committee once more recalls the importance of regular compilation and publication of inspection reports, including details of inspection activities, in accordance with Articles 20 and 21. It hopes that, perhaps with the further technical cooperation of the Office to which the Government refers, the technical and material difficulties mentioned will be overcome; and that the Government will provide full details.

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

The Committee takes note of the information supplied by the Government in its report. It notes in particular the decision to set up a national labour inspection system combining the inspection services for industry, commerce, services and agriculture, with a sufficient number of labour inspectors to secure the effective discharge of the duties of the inspectorate, taking into account the provisions of Article 10 of the Convention.

Furthermore, in this new system, appropriate measures are to be taken to ensure effective co-operation between the inspection services on the one hand and other government services and public or private institutions engaged in similar activities, employers and workers or their organisations and duly qualified technical experts and specialists on the other, in accordance with the provisions of Articles 5 and 9.

The Committee requests the Government to keep it informed of any developments in this respect. It also asks the Government to transmit the document to which it refers in its report (Annex I, which was not appended to the report), containing a description of the structure and functions of the inspection services.

Article 6. With reference to its previous comments, the Committee notes that no progress has been made with regard to the adoption of the statute for the civil service to which the Government has been referring for many years. It trusts that the Government will take the necessary steps to ensure that appropriate measures are taken shortly to give effect to this Article of the Convention. In this connection, the Committee notes the information provided by the Government, to the effect that, should the draft statute for the civil service not receive approval, the adoption of legislative measures within the national labour inspection system is being considered, to guarantee labour inspectors stability of employment and independence in the exercise of their functions, by means of an adequate definition of the legal status and the establishment of appropriate conditions of service for these public servants.

Article 13, paragraphs 2(b) and 3. The Committee notes with regret that legislative measures providing labour inspectors with the right to make or have made orders requiring measures with immediate executory force in the event of imminent danger to the health and safety of workers have not yet been adopted. The Government states that the Bills drafted in 1977 and 1980 to give effect to these provisions of the Convention are still being examined. The Committee hopes that these Bills will be adopted without delay.

Article 14. The Committee has been drawing the Government's attention for many years to the fact that the labour inspectorate must be notified not only of occupational accidents, but also of cases of occupational disease. It hopes that the necessary measures to ensure the application of this Article of the Convention will be adopted very shortly, in accordance with the Government's assurances.

Article 20 and 21. In reply to the Committee's previous comments, the Government indicates that the annual inspection reports containing all the information required by Article 21 will be published within a reasonable period and transmitted to the International Labour Office. The Committee must again recall that these reports must be published within a period not exceeding 12 months after the end of the year to which they relate. It hopes that the International Labour Office will shortly receive the annual inspection reports for 1983-88. [The Government is asked to supply full particulars to the Conference at its 77th Session.]