Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 3 of the Convention. Preventive activities in occupational health and safety. In reply to the concerns voiced by the Committee with regard to the increasing number of occupational accidents in recent years, the Government indicates that any labour officer who identifies risks to safety and health during inspections, educate the employer and workers on occupational safety and health standards, make recommendations with a view to eliminating the risks and arrange a follow-up visit to check that these have been implemented. The Government also points out that the Labour Department organizes training at local level in occupational safety and health in which employers are invited to participate. The Committee notes with interest that personal protection equipment (headgear, goggles, masks, heavy-duty footwear, etc.) have been supplied to labour inspectors to ensure their safety during inspection visits, at the same time demonstrating the usefulness of such equipment to employers and workers. The Committee hopes that the Government will continue its preventive activities and trusts that the legislative and regulatory measures, due to be adopted in the near future, will allow for the effective prevention of occupational risks.

Articles 6, 10 and 16. Conditions of service of labour inspectors. Number of labour inspectors and inspection visits. The Committee notes with interest the recruitment of seven labour officers in June 2007, thus increasing their total number to 16 (including six women). It also notes with interest the proposals to increase pay levels for these officials and to reform the structure of the Labour Department by creating three separate units, one of which would have specific responsibility for labour and inspection services.

The Committee also notes the explanations provided by the Government with regard to the significant reduction of inspection visits in 2005 (owing to retirement and training leave) and notes that in 2006 the number of inspection visits returned to its previous average (232). It encourages the Government to continue its work in human resources planning with a view to replacing officials who retire, so that workplaces can be inspected as often and as thoroughly as it necessary to ensure the effective application of the legal provisions relating to conditions of work and the protection of workers. In this regard, the Committee emphasizes the need for data, such as the number and geographical distribution of workplaces liable to inspection, to evaluate the scope of inspection in relation to needs (Article 10(a)(i)), and requests the Government to take the necessary steps to supply these data to the ILO.

The Committee requests the Government to continue to supply as detailed information as possible on the work of labour officers and to keep the Office informed of the progress of the measures envisaged regarding their pay level as well as the restructuring of the Labour Department. The Government is requested to give details, when the new structure is approved, of the staff appointed to the new Labour Services and Inspectorate Unit, stating the number and grade of officials who will be responsible for inspection within the meaning of Article 3 of the Convention, i.e. enforcement of the legal provisions relating to conditions of work and the protection of workers, provision of technical information and advice, and contributing to improvements in these areas of labour legislation.

Article 7, paragraph 3. Training of labour inspectors. The Committee notes the detailed information provided by the Government on training seminars followed by labour officers. It notes that the staff appointed in June 2007 received training from the labour commissioner and his deputy, and that this training was supplemented by visits to workplaces. The Committee encourages the Government to continue taking measures to provide adequate training for labour officers in charge of labour inspections and requests the Government to keep the Office informed of further developments.

Article 13. Powers of injunction of labour inspectors with regard to occupational health and safety. The Committee notes that, under section 152(1) of the Labour Act (Chapter 297), the labour commissioner or a health officer may require the employer in writing to remedy, within a reasonable time limit, the defects observed in plant or working methods which constitute a threat to the safety and health of workers. In addition, under section 108(1)(f) of the Mines and Minerals Act (Chapter 226), mining inspectors and authorized officials may order in writing the cessation of work or the stoppage of machinery or equipment considered dangerous. However, the Committee notes that contrary to the requirements of Article 13, paragraph 2(b), labour officers do not have such powers and are not authorized to make or to have orders made requiring measures with immediate executory force in the event of imminent danger to the health or safety of workers. The Committee therefore requests the Government to take the necessary measures to give effect in law and practice to this provision of the Convention, both in industrial and commercial workplaces liable to inspection.

Article 14. Notification of industrial accidents. In reply to the Committee’s request, the Government points out that industrial accidents are notified to labour officers either during inspection visits or through complaints sent to the Labour Department. With reference to paragraphs 118–132 of its General Survey of 2006 on labour inspection which emphasize the preventive role of labour inspectors, the Committee recalls that it is essential that a systematic information mechanism concerning industrial accidents and occupational diseases is established so that the labour inspectorate can have the necessary data to identify high-risk activities and the most vulnerable categories of workers and, consequently, to determine priority actions in this area. Noting a new increase in the number of accidents reported in 2006, according to statistics supplied by the Social Security Board, the Committee requests the Government to ensure that legislative or regulatory measures are taken to define in which cases and in what manner the labour inspectorate will be informed of industrial accidents and cases of occupational disease. It trusts that the forthcoming adoption of the Act on occupational safety and health will enable the establishment, in coordination with the other bodies concerned, such as the Social Security Board, and with the cooperation of the social partners, of an effective system for the notification of industrial accidents and cases of occupational disease to the Labour Department and requests the Government to keep the Office informed of progress made in this regard.

Articles 20 and 21. Annual inspection report. The Committee notes that, according to the Government, the annual activity reports for 2003 and 2004, which are at the draft stage, must first be submitted to Parliament before being communicated to the ILO. It trusts that the Government will ensure that the central authority fulfils its obligations of publication and communication under Article 20 of the Convention in the near future and that these reports will contain the information set forth in Article 21, clauses (a)–(g).

Labour inspection and child labour. Noting that officials of the Labour Department recently followed training courses relating to child labour, the Committee requests the Government to supply all available information on inspection activities in this area and their results.