Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (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.