Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Repetition

Legislation. The Committee notes that, according to the Government, the National Occupational Safety and Health (NOSH) Bill was submitted to the Cabinet in November 2010 and that it has not yet been adopted. The Committee requests the Government to continue to provide information on legislative developments and to submit a copy of the NOSH Bill once it has been adopted.

Article 3(2) of the Convention. Government’s additional duties entrusted to labour inspectors. The Committee notes the information that a labour inspection manual was designed to facilitate and ensure a more effective implementation of an integrated approach to inspection, and that it has not yet been adopted. It also notes that, according to the Government, officials abide by its basic tenet of using a combination of advisory and supervisory measures to ensure compliance as well as the set procedures to ensure successful first and follow-up inspections. The Government also indicates that human resources are rather limited and that conducting inspections is one of many other responsibilities of officials. The Committee reminds the Government of the primary functions of labour inspectors under Article 3(1) of the Convention (enforcement of the legal provisions relating to conditions of work and the protection of workers and advice to employers and workers) and of the guidelines in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee requests the Government to specify all the functions carried out by the officials entrusted with labour inspection functions. The Committee asks the Government to provide information on the time and resources spent on conciliation in relation to the primary duties as defined in Article 3(1) of the Convention. It hopes that the Government will take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, any duties which may be entrusted to labour inspectors in addition to their primary functions shall not be such as to interfere with the effective discharge of these latter or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. It requests the Government to provide full information in its next report on the measures which have been taken or are envisaged in this respect.

Articles 6, 10, 11 and 16. Resources and structure of the labour inspection system. The Committee notes the information that there are currently 14 labour officers and six employment officers, all vested with the authority to conduct labour inspections. It also notes that, according to the Government, the number of inspections increased between 2010 and 2011, and the number of inspection visits decreased from 797 to 719; furthermore, the number of inspections conducted throughout the country is limited compared to the total number of active businesses registered. The Government also indicates that the plan of dividing the Labour Department into units was not feasible and that the new plan is to divide the country into four administrative regions: Northern, Western, Southern and Central. According to the Government, the senior labour officers would head the first three regions and the Deputy Labour Commissioner would be in charge of the central region. The Committee requests the Government to continue providing information on the division of the country into administrative regions and on its impact on the labour inspection system. It also asks the Government to provide further information on the various structures of the labour inspection system and their functional relationship with the Ministry of Labour; and on the status and conditions of service of labour inspectors in comparison to public officials performing similar functions, such as tax inspectors.

Article 7(3). Training of labour inspectors. The Committee notes that, according to the Government, labour officers receive training in different areas, such as HIV/AIDS, anti-trafficking in persons, OSH, labour administration and inspection and public employment service. The Committee asks the Government to continue providing information on the training provided to inspection staff (e.g. frequency, duration and content) and on its impact on inspection activities.

Articles 13 and 14. Powers of injunction in relation to occupational safety and health and notification of industrial accidents. The Committee notes that, according to the Government, until the NOSH Bill is enacted, labour officers have limited recourse if they find themselves in a situation whereby the health and safety of workers and others is in imminent danger. It also notes the information that all employers are aware that they must have internal mechanisms in place ensuring the reporting of industrial accidents to the Labour Department and that collaboration continues with the Social Security Board. The Committee requests the Government to provide information on the effect given in practice to Article 13(2) and Article 14 of the Convention inasmuch as the NOSH Bill is still awaiting its adoption. Please also provide more detailed information on the manner in which the Social Security Board collaborates with the Labour Department.

Articles 20 and 21. Annual inspection report. The Committee notes that the Government has not submitted an annual report on the work of the labour inspection services since 1990. The Committee once again requests the Government to take the necessary measures to ensure that annual reports are published and transmitted to the Office, within the time limits set out in Article 20 of the Convention, and that they include information on all the subjects covered by Article 21 (a)–(g), needed to assess the level of application of the Convention, and to indicate any difficulties encountered in this respect. It also reminds the Government that it may seek technical assistance from the Office if it so wishes.