Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the Government’s report in reply to its previous comments and the documentation attached.

Article 3, paragraph 1(c), of the Convention. The Committee notes with interest that the annual inspection report 2003 includes proposals for measures to be taken to improve the effectiveness of labour inspection.

Article 5(a). The Committee would be grateful if the Government would provide information on any public or private structures or institutions other than labour inspection services which exercise responsibility for occupational risk prevention, including the relevant legal texts and any other relevant documentation.

The Committee notes the indication in the annual inspection report that the number of procedures for infringements of the legislation covered by the inspection services have increased and that the judicial procedures are cumbersome. It would be grateful if the Government would provide information on the effect given to the recommendations made by the central authority in its labour inspection report for 2003 with a view to remedying this situation through appropriate legislation and effective support from judicial bodies.

The Government is also requested to provide information on the effect given to the proposals of the labour inspectorate to strengthen the effectiveness of inspections through cooperation with the tax authorities in cases of infringements of the legislation concerning salaries and through broader cooperation with the institutions responsible for occupational safety, with a view to reducing the social and financial cost of the failure to apply legal provisions, including those respecting occupational diseases, and by determining the necessary investments.

Article 6. The conclusions of the labour inspection report for 2003 recommend a revaluation of inspectors’ remuneration in line with the average level of remuneration for highly qualified professional staff, with performance-based incentives. The Committee emphasizes that, to maintain the effectiveness of the service, the remuneration level and career prospects should be sufficient to attract and retain high-quality personnel and safeguard them from any undue influence (General Survey of 1985 on labour inspection, paragraph 144). It asks the Government to provide information on any measures taken or envisaged in this regard.

Article 12. Under section 31 of the Law on labour inspection, the workplaces covered by the various inspection structures are defined as premises declared and registered as offices, or other premises, facilities or means of transport in which a person or legal entity carries on its registered professional activity. The Committee draws the Government’s attention to the need to also empower inspectors to inspect premises which are not manifestly liable to inspection, among other reasons because they have not been declared as workplaces, but where an industrial or commercial activity is nevertheless performed by workers covered by the Convention. The Committee invites the Government to refer to paragraph 165 of its General Survey on labour inspection with regard to the scope of application of Article 12, paragraph 1(b) of the Convention and asks it to indicate the manner in which it is ensured that labour inspectors are empowered to carry out inspections and investigations on any premises in which they may have reasonable cause to believe to be liable to inspection.

The Committee notes that the recommendations of the annual report for 2003 to improve the functioning of the inspection services include the rapid adoption of new regulations under the Law on occupational safety and the revision of obsolete regulations. The Government is requested to indicate the manner in which effect is given in law and in practice (and not only by referring to general legal provisions) to each of the provisions of paragraph 1(a) and (b) concerning the right of labour inspectors to enter workplaces freely and without previous notice, that is, unexpectedly, and the times at which inspections are authorized, as well as the provisions of paragraph 1(c)i, ii, iii and iv concerning the extent of inspectors’ powers of enforcement and investigation on the occasion of inspections. In support of this information, the Committee requests the Government to provide copies of any relevant texts or documents.

Articles 10 and 11. According to the Government, 88 labour inspectors cover matters relating to industrial relations and 81 questions relating to occupational safety and health, with the real need being estimated at around 340 inspectors. Referring to the indications provided previously in the Government’s reports, the Committee observes that the number of inspectors has stagnated since 1999. It notes with concern, on the one hand, that the number of serious occupational accidents has increased since 2002 by about 25 per cent and that fatal accidents have increased by 57 per cent and, on the other hand, that preventive inspections are becoming increasingly rare as a result of the shortage of inspectors covering occupational safety matters. Moreover, the Committee notes the indication in the labour inspection report concerning the inadequacy of financial and logistic resources. Emphasizing the social value of an effective labour inspection system and the need to allocate it an appropriate share of the national budget, the Committee asks the Government to provide information on the measures taken or envisaged to strengthen the human resources and improve the material working conditions of the labour inspection services with a view to the effective discharge of their duties in relation to both prevention and enforcement, particularly in the field of occupational safety and health.

The Committee requests the Government to provide information on the transport facilities available to labour inspectors and the arrangements made for the reimbursement of their travel expenses.

Articles 13 and 17. The Committee notes the hope expressed in the labour inspection report that the legislation will be amended to give full effect to the provisions of these Articles of the Convention in the case of violations relating to occupational safety and health, and to strengthen the repressive aspect of inspection activities in the area of labour relations through penalties which include, for the most serious violations, the temporary closure of the establishment and the prohibition to carry on the activity concerned. The Committee draws the Government’s attention to the need to ensure that, in accordance with Article 13, labour inspectors are empowered to take steps with a view to remedying occupational safety and health risks (paragraph 1) and, that in the event of imminent danger, the legislation should provide that such measures have immediate executory force (paragraph 2(b)). The Committee would be grateful if the Government would provide details on the manner in which effect is given or in which it is envisaged that effect will be given, in law and practice, to these provisions of the Convention, including copies of any relevant texts or documents.

It also asks it to indicate if measures have been taken to give effect to Article 17, paragraph 2, under which it is to be left to the inspector’s discretion whether to give warnings or advice instead of instituting or recommending proceedings.

Article 14. The Committee notes the indications provided by the Government on the cases in which the legislation provides for the notification of industrial accidents to the labour inspectorate. It draws the Government’s attention to the fact that, under the terms of this provision, cases of occupational diseases should also be notified to the labour inspectorate and requests it to communicate any legal or practical measures adopted in this regard.

If no relevant procedures are currently in force, the Government is asked to remedy this shortcoming and to keep the ILO informed of measures adopted to this effect.

Article 15. The Committee asks the Government to provide information on the manner in which effect is given to each of the provisions of this Article which, subject to such exceptions as may be made by national laws or regulations, prohibits labour inspectors from: (a) having any direct or indirect interest in the undertakings under their supervision; (b) revealing, even after leaving the service, any manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties; and (c) revealing the source of any complaint bringing to their notice a defect or breach of legal provisions and giving any intimation to the employer or her or his representative that a visit of inspection was made in consequence of the receipt of such a complaint.

Article 18. The Committee requests the Government to provide information on any measures taken or envisaged to follow up the recommendations made by the central inspection authority to establish a method to fix the amount of fines, including the confiscation of profits made through failure to comply with the legislation. The Committee would be grateful if the Government would indicate how it is ensured that penalties which are currently in force are adequate to achieve the sufficient dissuasive effect that they should have.