Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 81) sur l'inspection du travail, 1947 - Qatar (Ratification: 1976)

Autre commentaire sur C081

Observation

Demande directe

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Article 7 of the Convention. Capacity of labour inspectors. The Committee notes the information provided by the Government, in response to its previous request concerning measures to ensure that new inspectors are adequately trained, on the number of inspectors who received training in the first half of 2017 (115 men and 55 women), including on communication skills, provisions of the Labour Law, occupational safety and health, basic administrative skills, legal enforcement, and the development of work programmes. The Committee further notes that training for labour inspectors is a component of the technical cooperation programme between the Government and the ILO for 2018–20, especially in the field of occupational safety and health (OSH), including the training of a team of inspectors for rapid response visits. The Committee requests the Government to continue to take measures to ensure that inspectors receive adequate training for the performance of their duties. It requests the Government to continue to provide information on the training provided, including within the framework of the technical cooperation programme, specifying the number of labour inspectors that received training, the duration of such trainings, and the subjects covered.

Article 16. Self-evaluations submitted to the labour inspectorate. The Committee notes the information provided by the Government concerning self evaluations covering OSH conditions outlined in the Labour Law conducted by undertakings employing more than 100 workers. The self-evaluation forms submitted to the labour inspectorate are then audited and inspection priorities established based on the data received. With reference to paragraphs 486–488 of its 2017 General Survey on certain OSH instruments, the Committee recalls that self-evaluations can be an important complementary tool to achieve compliance, but should not be considered as a replacement for the supervisory and enforcement functions of the labour inspectorate. Noting the Government’s indication that inspection priorities are established based on the information provided by undertakings in self-evaluations, the Committee requests the Government to provide information on the manner in which the labour inspection verifies the information submitted including any confirmatory reviews and/or unannounced inspections carried out at these undertakings.

Articles 14 and 21(f) and (g). Notification. Occupational accidents. The Committee notes that the technical cooperation project with the ILO for 2018–20 includes operationalizing a system for registering occupational accidents and diseases. The Committee notes in this respect the Government’s indication in its report that labour inspectors investigate work-related accidents and injuries reported to police departments or received through complaints. In this respect, it recalls that Article 14 of the Convention provides that the labour inspectorate shall be notified of occupational accidents. The Committee requests the Government to provide information on the measures taken to ensure that the labour inspectorate is notified of all occupational accidents and to provide information on the procedures in place in that respect.

Occupational diseases. The Committee notes the indication of the Government, in reply to the Committee’s previous request, concerning the difficulties faced in the detection of cases of occupational diseases, in light of the latency period for such diseases and the fact that many migrant workers are engaged on short-term contracts. The Government indicates, however, that the Ministry of Administrative Development, Labour and Social Affairs is currently working, in coordination with the Ministry of Public Health, to develop an advanced mechanism for the detection of occupational diseases among workers employed in the country. It further highlights that this will be dealt with under the technical cooperation programme between the Government and the ILO. Taking due note of the difficulties faced by the Government, the Committee notes that it has not provided information on any cases of occupational disease detected or reported in the country. The Committee requests the Government continue to provide information on the measures introduced to improve the detection and identification of cases of occupational disease as well as their notification to the labour inspectorate, including any efforts to collect information from governments in countries that provide the largest numbers of migrant workers. It requests the Government to pursue its efforts to ensure that future annual reports on the activities of the labour inspectorate contain statistical information on such cases, in conformity with Article 21(g).

Article 15(c). Obligation to treat as confidential the existence of a complaint giving rise to an inspection. Legislation. The Committee previously noted that Ministerial Order No. 13 of 2005 requires labour inspectors to maintain confidentiality in relation to only the author of a complaint giving rise to an inspection, but not with respect to the fact that an inspection was undertaken pursuant to a complaint. The Government indicated in this respect that Ministerial Order No. 13 of 2005 was in the process of being amended with a view to including the requirement that an inspector not reveal the source of the complaint, nor give any intimation that a visit was made in response to a complaint. The Committee notes in this respect the Government’s indication that the amendment to Ministerial Order No. 13 of 2005 is still undergoing legislative procedures, and that it will be communicated upon its adoption. The Committee recalls that the Government has been referring to the possibility of such an amendment since 2014. The Committee requests the Government to continue to provide information on the progress made with respect to amending Ministerial Order No. 13 of 2005 and urges the Government to complete its process of amendment, and to provide a copy of any legislation adopted in this regard.

Practical measures. The Committee notes the Government’s indication that it aims, in the context of the technical cooperation project, to carry out proactive inspection visits, not based solely on complaints. In this respect, the Committee recalls that in order to better guarantee confidentiality regarding any connection between a complaint and an inspection visit, it is important to ensure that a sufficient number of inspection visits are conducted independent of complaints. The Committee requests the Government to pursue its efforts to ensure that an increased number of proactive inspections, independent of a complaint, are undertaken to ensure that when inspections are conducted as a result of a complaint, the fact of the complaint (as well as the identity of the complainant) is kept confidential.

Articles 20 and 21. Publication and content of the annual report on the work of the labour inspectorate. The Committee notes with interest the communication, by the Government, of its annual labour inspection report for 2016, containing information concerning the laws and regulations relevant to the work of the inspection service (Article 21(a)); the staff of the labour inspection service (Article 21(b)); statistics of inspection visits (Article 21(d)); and statistics of industrial accidents (Article 21(f)). With respect to Article 21(e) and with reference to its observation, the Committee observes that the report contains information on the number of inspection visits where a notice to remedy a violation was issued or an infringement report prepared, as well as the number of inspections which resulted in a prohibition issued on the company (stopping the granting of work permits and transactions with the ministries), but that no information is provided on any penalties imposed by virtue of Chapter 16 of the Labour Law. It further observes, with reference to its comments above concerning Articles 14 and 21(g), an absence of information on the number of cases of occupational disease detected. Lastly, it notes an absence of statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)), but notes the Government’s indication in its report that the technical cooperation project includes measures to ensure that inspection procedures cover all undertakings and workplaces prescribed by the Labour Law and that it is taking measures to create an inventory of all undertakings through field surveys. The Committee requests the Government to continue to communicate a copy of its annual labour inspection report, in accordance with Article 20, and to pursue its efforts to ensure that it contains all the information outlined in Article 21(a)–(g).

[The Government is asked to reply in full to the present comments in 2018.]