Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 81) sur l'inspection du travail, 1947 - Bélarus (Ratification: 1995)

Autre commentaire sur C081

Observation

Demande directe

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Legislation. The Committee notes the Government’s information that, by Council of Ministers Resolution No. 982 of 29 June 2010, the National Programme to improve conditions of work and occupational safety and health (OSH) has been approved for the years 2011–15. The Committee would be grateful if the Government would provide a copy of the National OSH Programme for 2011–15. Furthermore, the Committee requests the Government to provide a copy of the following legal texts if possible, in one of the working languages of the ILO: (i) Ministry of Labour and Social Protection Decree No. 22 of 27 December 2001 on the State Labour and Social Protection of the Republic of Belarus (in its amended version); and (ii) Council of Ministers Resolution No.1236 of 10 August 2000 approving the Regulations on the State Sanitary Supervision (in its amended version).

Articles 3, 5, 13, 14, 16, 17 and 18 of the Convention. Labour inspectors’ work in the area of OSH. 1. Preventive activities (information and advice). The Committee notes with interest the information in the Government’s report on the numerous educational activities carried out by the labour inspectorate in 2011, aimed at improving compliance with OSH and labour standards and preventing industrial accidents. These activities included awareness-raising in the area of OSH through radio, television and media programmes, cinema and video films, handbooks, posters, and advertisements in areas and transports. The labour inspectorate also participated in a very high number of discussions on OSH issues on the occasion of various seminars, conferences and meetings, amongst others with local governments, executive and administrative bodies.

In this regard, the Committee notes in particular the establishment of basic OSH centres and 4,039 OSH offices and desks for the provision of information and advice to enterprises and the publication of awareness-raising material, as well as the conduct of knowledge tests on OSH for 39,900 employers or their representatives, OSH officials, OSH experts, members of OSH committees and other persons concerned. The Committee further notes the publication of documents with concrete proposals for the prevention of fatal and serious industrial accidents, typical risks and risks in highly dangerous work, based on the analysis of the circumstances and causes of accidents, which were sent to the governmental bodies concerned and published on the internet.

The Committee asks the Government to continue to provide information on the measures taken to ensure the provision of information and advice to employers and workers by the labour inspectorate in the area of OSH during the period covered by its next report, including the work of the newly established OSH centres and in the area of the prevention of cases of occupational diseases, and the collaboration between the labour inspectorate and employers and workers in this regard. It would be grateful if the Government would provide information on the impact in practice of these measures, particularly in relation to the number of industrial accidents and cases of occupational diseases.

2. Supervision and enforcement. The Committee notes the information in the Government’s report according to which the labour inspectorate carried out over 11,200 inspections in 2011, as well as the Government’s indication in its 2009 report, that some 19,000 inspections are normally carried out every year. It understands from the statistics provided in the Government’s report, that there has been a significant decrease (more than 50 per cent) in the number of infringements of labour and OSH provisions reported from 2009 to 2011 (232,000 in 2009 and 101,600 in 2011). It further notes the information in the Government’s report according to which work was prohibited in 164 industrial enterprises (as opposed to 714 industrial enterprises in 2009) for infringements of OSH legislation, and that the suspension of operation of 4,200 items of machinery and equipment was ordered (13,000 in 2009), which represented a threat to the workers’ lives and health. Moreover, 5,841 persons and 1,869 employers were convicted of administrative offences relating to OSH legislation and consequently fined. The Committee requests the Government to provide information as to the reasons for the decrease in the number of inspections and infringements detected, as well as the measures with immediate executory force ordered in the event of a threat to the health or safety of workers. Moreover, since the Government has not provided the requested information in this regard, the Committee once again asks the Government to indicate the penalties for breaches of OSH provisions and to provide copies of any relevant legal text, if possible, in one of the working languages of the ILO.

3. Labour inspectors’ authority to issue injunctions in the event of imminent danger. The Committee previously noted that, pursuant to section 49 of the Labour Code, employers must, at the request of authorized state bodies, suspend any workers who: (i) report for work in a state of intoxication from alcohol or drugs; (ii) who have failed to validate their knowledge of safety at work; (iii) who fail to use the necessary individual protective equipment required for safety; or (iv) who have failed to undergo medical examination in the instances laid down in the law, etc., and that 16,131 workers were withdrawn from their duties in 2009.

The Government indicates, in relation to the Committee’s previous request on whether employers also bear part of the responsibility for the non-compliance of workers with the abovementioned requirements, that the Labour Inspection Department may undertake administrative proceedings against persons who allow workers to work in a state of alcoholic or narcotic intoxication or in a state of ill health which would usually prevent the performance of work. According to article 9.17 of the Administrative Offences Code, Act No.194 of 21 April 2003 (revised on 13 July 2012), pertaining to the contravention of OSH regulations, employers or persons responsible for compliance with OSH provisions and who fail to comply with these provisions are liable to a fine of 10 to 15 times the base factor (100,000 rubles as of 1 April 2012), and legal persons up to 300 times the base factor. Such acts, if repeated within one year of the administrative investigation into the first offence, are subject to a fine of 30 to 55 times the base factor, and in the case of legal persons, of 100 to 500 times the base factor.

Moreover, the Committee notes that sections 9.9 to 9.11 of Decision No. 959 of 29 July 2006 on the Regulations of the State Labour Inspection Department provide that labour inspectors have the right to give the employers binding instructions with regard to the elimination of violations of the labour legislation; demand from the employers the suspension of the employees from work in cases where they did not undergo the knowledge assessment on labour protection or a medical examination; and suspend the work of organizations and their machines or equipment in cases where they endanger the life and health of the employees. The Committee finally notes from the Government’s report, that in 2011, 12,535 workers were removed from their posts, and disciplinary proceedings were undertaken against 5,543 persons, of whom 226 were dismissed. The Committee requests the Government to continue to provide statistical information on the application of these provisions in practice, including on the number of infringements detected and the penalties imposed.

Articles 5(a) and 9. Cooperation between the inspection services and other government services and employers and workers. Cooperation of specialists and technical experts in the work of labour inspectors. The Committee notes with interest the information in the Government’s report concerning the cooperation of the labour inspection services with other supervisory bodies (the Ministry of Emergency Situations, the State Energy Control Agency, the State Fire Control Service and the State Vehicle Inspection Service, etc.), for instance through the exchange of data (systematic notification of the labour inspectorate by these bodies on contraventions of OSH legislation), joint investigations and the investigation of industrial accidents, as well as their result.

In this regard, the Committee notes that section 8.2 of the of the Regulations on the organization and conduct of investigations, approved by Decree No. 510 of 16 October 2009, empowers labour inspectors to engage, as required, the specialists and employers concerned in carrying out inspections of OSH, as well as the Government’s information that, by virtue of these Regulations, control and supervisory bodies have the right to engage experts on a contractual basis, if scientific, technical, artistic, industrial or any other special knowledge is needed to resolve questions arising in the course of inspections. With reference to paragraph 198 of the 2006 General Survey on Labour Inspection where the Committee has emphasized that, national conditions permitting, it is desirable that technical advisers or specialists be integrated into the labour inspection teams, the Committee requests the Government once again to specify the number of experts and specialists called upon to provide supports to the inspection services or invited to participate in investigations, and to indicate their specialization (such as medicine, engineering, chemistry, etc.) and distribution throughout the structures of the labour inspectorate. Please provide information on the extent to which technical experts and specialists are associated in the work of the labour inspection services, and provide practical examples of their association and the results attained.

Articles 10 and 11. Human and material resources available to labour inspection services. The Committee notes the Government’s information that 90 per cent of the labour inspectorate at the district level has motor vehicles in order to carry out their duties. When inspecting within their normal areas of competence, State labour inspectors are reimbursed the travel and subsistence expenses following the conditions and procedures as set out in the Instructions on the procedures and amounts of reimbursement for official travel and subsistence within the borders of Belarus, approved by Order No. 35 of 12 April 2000 of the Ministry of Finance. For stays away from the regular area of competence of the labour inspectors, per diems are paid to cover additional personal expenses, the amount also being determined by the Ministry of Finance. The Committee once again asks the Government to indicate the precise number of vehicles available to labour inspectors and to specify their distribution throughout the territorial and regional structure of the labour inspectorate. The Committee would be grateful if the Government would provide the Office with a copy of the Instructions on the procedures and amounts of reimbursement for official travel and subsistence within the borders of Belarus, approved by Order No. 35 of 12 April 2000, if possible, in one of the working languages of the ILO.

With regard to the difference between the number of inspection visits in 2011 (that is, 11,200) and the regular annual inspection visits (19,000) indicated by the Government above, the Committee would be grateful if the Government would indicate the current number of labour inspectors working in the provincial and district offices of the labour inspectorate. It once again requests the Government to indicate the criteria applied in fixing the number of labour inspectors and to take steps to ensure the availability of the requisite data on workplaces liable to inspection.

Article 12(1)(c)(i) and (iii). Inspection prerogatives. Interrogations and enforcement of the posting of notices. While the Committee takes due note of the powers and prerogatives of labour inspectors set out in Decision No. 959 of 29 July 2006 on the Regulations of the State Labour Inspection Department, it observes that these Regulations do not entrust labour inspectors with the power to interrogate during inspection visits, alone or in the presence of witnesses, the employer or the staff of the undertaking on any matters concerning the application of the legal provisions, as required by Article 12(1)(c )(i) of the Convention, and to enforce the posting of notices required by the legal provisions, as provided in Article 12(1)(c)(iii). While the Committee observes that labour inspectors have the power to interrogate a victim in the course of a so-called special investigation of industrial accidents (group accidents, fatal accidents or grave accidents), by virtue of section 50 of Regulations 5/13691 (on the investigation and recording of industrial accidents and occupational diseases), it notes that the Government has not provided the requested information on how effect is given, in national law and practice to the requirement in Article 12(c)(i) to provide labour inspectors with the power to interrogate during inspection visits, alone or in the presence of witnesses, the employer or the staff of the undertaking on any matters (and not only in matters relating to industrial accidents) concerning the application of the legal provisions. The Committee accordingly requests the Government once again to supply the ILO with detailed information on the legislation which gives effect to Articles 12(c)(i) and (iii) of the Convention. If no relevant legal provisions exist, it urges the Government to adopt measures for these purposes so as to give effect to these Articles in national legislation, and to keep the ILO informed of any progress made.

Articles 5(a)–(b) and 14. Notification of the labour inspection services of industrial accidents and cases of occupational diseases. The Committee notes that under the Regulations 5/13691 on the investigation and recording of industrial accidents and occupational diseases, employers are required to inform the labour inspectorate of cases of group accidents, fatal accidents and grave accidents (section 41) and acute fatal occupational diseases and simultaneous diseases of two or more persons (section 62). Furthermore, under the terms of sections 23, 25, 63 and 65 of these Regulations, employers are required to conduct investigations into industrial accidents, and sanitary engineers of the territorial centres of hygiene and epidemiology are required to conduct investigations into cases of occupational diseases. After the respective investigations, a report has to be established and sent to the labour inspectorate.

In this regard, the Committee notes that, according to sections 18 and 63 of the abovementioned Regulations, trade unions or other representatives of workers’ organizations shall participate in the investigation of industrial accidents and cases of occupational diseases. The Committee also notes that according to sections 45 and 63 of the Regulations, labour inspectors shall participate in investigation of so-called “special” investigations, i.e. industrial accidents that are either group accidents, fatal accidents or grave accidents, and in investigations of cases of occupational diseases of two or more employees and fatal occupational diseases.

Finally, the Committee notes that section 15 of the Regulations provides that the supervision and control over the correct and timely investigation, documentation and recording of industrial accidents and occupational diseases shall be exercised by the State Labour Inspection Department, as well as the central bodies of the state administration and other public agencies under the authority of the Government of the Republic of Belarus, local executive and regulatory bodies.

The Committee requests the Government to provide an evaluation of the functioning of the notification of industrial accidents and cases of occupational diseases to the labour inspection services, to indicate the number of industrial accidents and cases of occupational diseases reported to the labour inspection services during the next reporting period, and to ensure that the central inspection authority includes such data in future annual reports on the work of the labour inspection services.

Please also provide information on the number of investigations carried out by labour inspectors, as well as their results (relevant decisions taken, etc.), as well as details on the modalities under which the labour inspectorate collaborates with the trade unions or workers’ representatives in the investigation of industrial accidents and cases of occupational diseases. The Committee would be grateful if the Government would provide information on how the labour inspection services exercise their control activities with regard to section 15 of the Regulations 5/13691 on the investigation and recording of industrial accidents and occupational diseases.

Articles 20 and 21. Publication and communication to the ILO of an annual report on the work of the labour inspection services. The Committee notes the Government’s information that the State Labour Inspection Department submits a report on “Compliance with labour legislation, the situation of occupational safety and health in industry” to the Belarus Council of Ministers every year. This report is also sent to national governmental departments, provincial executive committees, and the Minsk City Council for exchanging information and to assist them in their work. Moreover, every year, the State Labour Inspection Department informs the Government on the situation concerning serious industrial injuries. Finally, information on data relating to the supervisory work of the State Labour Inspection Department is published twice a year in the Journal on Occupational Safety and Health and Social Security. The Committee recalls, however, that under Article 20 of the Convention, the central inspection authority should publish an annual report on the work of the inspection services and communicate a copy of it to the ILO (within a reasonable period). The Committee therefore urges the Government to take measures to ensure that an annual report is published by the central inspection authority containing information on each of the subjects listed in Article 21, namely the staff of the labour inspection service, statistics of workplaces liable to inspection and the number of workers employed therein, statistics of inspection visits, violations and penalties imposed, specifying the relevant legal provisions, and statistics of industrial accidents and occupational diseases. It once again requests the Government to keep the Office informed of progress made in this respect in its next report.