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

1. Articles 1, 4 and 6 of the Convention. Transfer of competence with regard to labour inspection and status of labour inspectors. The Committee notes Organic Act No. 2004-192 of 27 February 2004 concerning the autonomous status of French Polynesia and amending the distribution of competence between the latter and the State. The Government indicates that, although labour law is now under the sole competence of French Polynesia, the labour inspectorate remains formally a service of the State as long as the relevant decree implementing the Act has not been published. However, pursuant to an agreement signed on 2 June 2004 between the representative of the State and the President of French Polynesia, the transfer of labour inspection activities to French Polynesia is already a reality as far as the exercise of competence in labour law matters is concerned. According to the Government, this transfer of competence remains a source of concern in certain regards: it states that the social partners expressed the wish to continue to have inspectors from the national inspection corps until French Polynesian officials have been sufficiently trained and their number is such that there is a satisfactory rotation of staff. With regard to controllers, training in various areas of labour inspection competence and the venue for their training (on the spot or in metropolitan France) should be the subject of examination and appropriate measures. Finally, the new relationship between the inspection service and the labour service might necessitate restructuring in the long term. The Committee would be grateful if the Government would keep the Office informed of any development in this regard.

2. Articles 3, paragraph 1(b), 5, 14 and 21(f) and (g). Cooperation between the inspection service and other public institutions in monitoring conditions of work. The Committee notes with interest that the development of cooperation links between the inspection service and the Social Security Fund (CPS), the compulsory insurer of enterprises for occupational accidents and diseases, culminated in the creation of a service for the prevention of occupational risks within which the labour inspectorate is represented in an advisory capacity.

The Committee also notes that coordinated actions against undeclared labour undertaken with the Ministry of Public Affairs, the police and gendarmerie and the monitoring service of the CPS have enabled a significant number of current infringements to be recorded in several sectors of activity. It would be grateful if the Government would state whether the recorded infringements recorded also included infringements of the legal provisions relating to conditions of work and the protection of workers, the monitoring of which is a matter for the labour inspectorate pursuant to Articles 1 and 3, paragraph 1(a), irrespective of the situation of workers vis-à-vis  the regulations. If so, the Government is requested to provide information on the nature of these infringements and on the measures applied by the inspectors with regard to employers found guilty of irregularities.

3. Articles 3, paragraphs 1 and 2; 9, 10 and 16. Matching human resources and the needs of an effective labour inspectorate. The Committee notes that in 2002 the inspection service had two full-time control officials (50 per cent of the working time of four controllers being occupied by other tasks) to inspect 6,395 enterprises employing 61,444 workers scattered over several island groups covering a surface area comparable to that of Europe. In addition, the Government deplores the fact that the vacant post of medical inspector, the conditions of which were not sufficiently attractive, was not filled and underlines the gravity of this crucial lack of competence for developing actions to prevent occupational risks, as well as for monitoring occupational medicine in a context characterized by insufficient observance of health and safety rules. Recalling that, under the Convention, the labour inspection system is concerned with enforcing the legal provisions relating to conditions of work and the protection of workers while engaged in their work, the Committee notes that monitoring illegal employment occupies a large part of the working time of inspection officials in relation to requirements regarding health and safety at work. It hopes that, given the limited numbers of labour inspection staff in relation to the extent of the territory covered and in order to promote the process of reorganization, relieving them of this task might be envisaged so that they can devote themselves fully to their duties in the areas covered by Article 3 of the Convention.

The Committee notes with interest that, alongside the reactive measures which are central to their work, inspection officials will undertake activities identified as priorities for 2004, particularly in the field of health and safety in building and public works and in the area of staff transport. Referring to its previous comments regarding the random nature of the procedure for reporting occupational diseases, the Committee notes in the labour inspectorate’s 2002-03 activity report that the number of occupational diseases reported (between three and six per year) is clearly below the real number, which should increase significantly in the next few years. It would be grateful if the Government would indicate whether measures have been taken to improve and systematize the procedure for the reporting of occupational diseases, and to provide any relevant text or information on developments in this regard.

4. Articles 20 and 21. Relevance of the periodic evaluation of the labour inspection system for the purpose of improving it. The Committee notes with interest that the analysis of the results of inspection activities by the central authority enabled a number of conclusions to be reached on the causes of defects in the inspection system and on the negative impact of inadequate legislative controls (unfair competition profitable to employers committing infringements; economic and social cost of the frequency of occupational accidents; frequency and economic cost of collective disputes; damage caused to social protection schemes by the non-declaration of wage employees or hours of work). It notes that clear guidelines have been formulated for achieving the appropriate objectives, the Government considering that it is necessary to:

(i)  step up the on-site presence of inspectors and controllers by means of a rational restructuring of services and strengthening of staff numbers, particularly by the recruitment of a medical inspector, but also by the appointment of four new controllers in order to triple the current monitoring capacity;

(ii)  develop appropriate judicial means for the purpose of achieving effective controls: obligation to declare employees prior to their recruitment, in order to facilitate the recognition of undeclared work; improving procedures for declaring the opening of worksites and provisions for achieving greater transparency in cases of pyramid subcontracting; conferring a power of injunction on labour inspectors enabling them to take immediate and direct action in situations entailing a serious and imminent risk to the health or safety of workers; and possibly imposing administrative sanctions applicable in the event of non-observance of certain labour law provisions;

(iii)  strengthen existing partnerships (with the CPS, Ministry of Public Affairs, the gendarmerie and the police) by cooperation with environmental services with regard to the prevention of occupational risks in classified establishments; involve the social partners and administrations concerned in discussions regarding the prevention of occupational risks, in particular within the Technical Advisory Committee; launch awareness campaigns on specific subjects, using appropriate information media, including on activities which have already been undertaken, in order to achieve a cumulative effect;

(iv)  increase efficiency and speed by using the most powerful computer tools, to develop an information exchange network, standardizing all procedures and carrying out real-time follow-up to inspection visits.

The Committee welcomes the relevance of the means which have been defined in relation to the objectives pursued and their appropriateness with regard to the requirements of the Convention. It would be grateful if the Government would continue to provide information on any progress made or any obstacle encountered and to ensure that annual inspection reports, which are regularly communicated to the Office under Article 20, contain the information required on each of the matters covered by Article 21.