Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

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

1. Legislation that inspectors are responsible for enforcing. With reference to its 2005 request under Convention No. 170, in relation to the drafting of a new Occupational Safety and Health Act and the related regulations, the Committee would be grateful if the Government would keep the ILO informed of developments in the legislative process and indicate the role to be given to labour inspectors in the enforcement of this legislation.

2. Article 3, paragraph 2, of the Convention. Further duties entrusted to labour inspectors. The Committee notes with interest that section 93 of the Labour Act on the powers of labour officers relating to the settlement of labour disputes was amended in 2003 (on 7 March) and that labour inspectors no longer have the power to make decisions in this respect. Nevertheless, labour inspectors appear to retain an important role in the overall procedure for dispute settlement. With reference to Part III of Recommendation No. 81, under the terms of which the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes, the Committee would be grateful if the Government would consider relieving inspectors of their functions in this respect so as to avoid any risk of a challenge to the authority and impartiality necessary in their relations with employers and workers.

3. Article 12, paragraph 1(b). The Government is requested to indicate whether labour inspectors are empowered to carry out inspections by day in any premises which they may have reasonable cause to believe to be liable to inspection. If so, the Committee requests the Government to indicate the relevant legal provisions.

4. Article 13, paragraph 2. Powers of injunction of labour inspectors. The Committee requests the Government to indicate whether labour inspectors are empowered to make or to have made orders requiring: (i) such alteration to the installation or plant, to be carried out within a specified time limit, as may be necessary to secure compliance with the legal provisions relating to the health or safety of the workers; or (ii) measures with immediate executory force in the event of imminent danger to the health or safety of the workers.

5. Article 18. Level of penalties. The Committee notes with interest that Act No. 6 of 2005, which entered into force in February 2006, introduced an amendment to the Criminal Law, multiplying by five the reference level of fines for breaches of labour laws. It would be grateful if the Government would indicate, in view of the slowness of the procedure for the revision of legislation, the manner in which it is envisaged that the amount of penalties could be updated to maintain their dissuasive nature despite monetary fluctuations.

6. Articles 20 and 21. Annual inspection report. The Committee notes the report for 2004 on activities relating to safety and health. However, it notes that no report on the activities of the labour inspectorate in other fields, containing the statistics required by Article 21, has been provided to the ILO. The Committee hopes that the Government will soon provide the ILO with such a report.