Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s report received in November 2005, and also the statistics tables relating to cases of occupational diseases and accidents, by economic sector, for the 2001–03 period.

1. Articles 6, 10 and 16 of the Convention. Labour inspection staff, status and conditions of service and coverage of needs. The Committee notes that, following a significant drop in 2001, the number of visits rose in 2003 (327), but dropped again in 2004 (202). The Committee notes that, at the same time, there was a reduction in the number of labour inspection staff due to the resignation of three staff members. In reference to paragraphs 209 and 216 of its General Survey of 2006 on labour inspection, the Committee cannot emphasize enough how important and necessary it is to guarantee inspection staff a level of remuneration and career prospects such as can attract quality staff and retain them in the labour inspectorate. The Committee would be grateful if the Government would indicate whether the resignation of the three inspectors is connected with unsatisfactory conditions of service and remuneration, and if it would keep the ILO informed of any measures taken or envisaged to give effect, in practice, to Articles 6, 10 and 16 of the Convention and also of any difficulties encountered.

2. Article 7, paragraph 3. Training of labour inspectors. The Committee notes with interest the list of training activities undertaken by certain labour inspectors, particularly within the context of workshops and meetings organized by the ILO. The Committee would be grateful if the Government would continue communicating information on the content and the duration of the training activities undertaken by labour inspectors following their entry into service and on the impact of these activities in terms of the effectiveness of the labour inspection system.

3. Occupational health and safety. In response to the Committee’s comments on the priority that should be given to occupational health and safety matters and on the urgency of taking measures in this respect, the Government indicates that a draft law was drawn up in 2003 and that a national policy has been defined at the initiative of the Regional Centre for Occupational Health and Safety. In November 2004, the health and safety policy was approved by the Council of Ministers and the draft law, which has been the subject of consultation with the social partners, is currently being examined by the Minister for Justice. The Committee would be grateful if the Government would inform the ILO of any new developments in respect of the legislative process and the implementation of the policy adopted in the fields covered, and if it would communicate copies of any relevant texts.

4. Articles 3 and 14,  Specific inspection activities. The Committee notes with concern, once again, that according to the statistics communicated by the Government, there has been an increase in the number of occupational accidents, in particular in relation to the use of cutting and piercing machinery and apparatus. The Committee asks the Government to describe the mechanism used to notify labour inspectors of occupational accidents. It would be grateful if the Government would take prompt measures to increase inspection visits to high-risk workplaces and to ensure that these visits are an opportunity for inspectors to provide employers and workers with information and technical advice of a preventive nature. The Government is asked to provide information on the implementation of such measures and on the results achieved.

5. Article 13. Powers of labour inspectors to issue orders in respect of occupational safety and health. The Committee notes that, pursuant to section 152, paragraph 1, of the Labour Act (Cap. 297), the head of the Labour Department or a health inspector may require the employer to remedy, within a specified time limit, the defects observed in plant or working methods which constitute a threat to the health and safety of workers. The Committee would be grateful if the Government would describe the procedure followed. It also asks the Government to indicate whether labour inspectors may, in all the workplaces liable to labour inspection, as in the mining establishments under section 8, paragraph 3, of the Mines and Minerals Act (Cap. 40), make orders requiring measures with immediate executory force in order to eliminate an imminent threat to health or safety. Please communicate, where appropriate, copies of any relevant texts. If this is not the case, please take prompt measures to give effect, in law and practice, to Article 13, paragraph 2(b), of the Convention and to keep the ILO duly informed.

6. Article 20. Annual inspection report. With reference to the developments of Chapter IX of its General Survey of 2006 on labour inspection in respect of the usefulness of the publication and the communication to the ILO of an annual inspection report, the Committee asks the Government to take measures, as soon as possible, to ensure that the inspection authority carries out it obligations in this regard, and to keep the ILO informed.