Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 81) sur l'inspection du travail, 1947 - Pakistan (Ratification: 1953)

Autre commentaire sur C081

Observation

Demande directe

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Article 3(1)(a) and (b) of the Convention. 1. Labour inspection and occupational safety and health (OSH). Following its previous comments, the Committee notes the Government’s indication that the Balochistan Occupational Safety & Health Bill is in process of being tabled before the Provincial Cabinet, and that the process is underway to increase the applicable fines in Balochistan under the Mines Act, 1923. The Committee also takes due note of the adoption of the Khyber Pakhtunkhwa (KPK) Mines Safety, Inspection and Regulation Act, 2019. The Committee requests the Government to continue to provide information on the progress made with respect to the adoption of OSH laws in the Islamabad Capital Territory and all provinces.

2. Coverage of workplaces by labour inspection and private auditing firms. The Committee previously noted the Government’s statement that the outsourcing of responsibilities towards private auditing firms performing third party inspections had to change. It subsequently noted the Government’s statement that private auditing may only be complementary to public labour inspection, and that there were currently no auditing firms accredited by the Pakistan National Accreditation Council with the scope of labour inspection.

The Committee notes the Government’s reiterated indication in its report, in response to the Committee’s previous request, that there is currently no role for private auditing firms to perform third party labour inspections in any of the Provinces. It also states that there is currently no formal interface between private auditing firms and public labour inspection. The Committee also notes the Government’s statement that the process of labour inspection “is mainly carried out by public officials.” The Committee requests the Government to provide information on whether any private auditing firms in the country perform audits in the area of OSH, and if so, to provide information on their activities. The Committee also requests the Government to provide specific information regarding who besides public officials is performing labour inspection duties, what proportion of labour inspection is performed in this manner, and how non-public actors are being supervised by the Government.

Articles 3(1)(a) and (b), 17 and 18. Labour inspection and OSH in the mining sector. The Committee notes the information provided by the Government, in response to its previous request concerning recruitment of inspectors in mining in Balochistan, that the Department of Mines and Minerals Balochistan has been strengthened with the new induction of two Mine Safety Engineers, three Junior Inspectors of Mines and two Rescue Instructors. The Committee also notes the information in the annual labour inspection report of 2018 that 16 out of the 23 approved posts for mining inspectors in the province have been filled. The Committee takes due note of the information provided by the Government concerning the number of mines inspected, the number of violations detected, the number of notices issued and the number of occupational accidents with respect to KPK and Balochistan, as well as the number of workplaces inspected and infringements detected by the Department of Mines of Sindh. It further notes the information in the annual inspection report of 2018 on the number of mines inspected concerning all provinces and the number of fatal and non-fatal accidents. The Committee requests the Government to continue to provide information on any measures taken to improve safety and health in the mining sector, and to continue to provide information on the number of mines inspected, the number of violations detected, and the penalties applied, as well as the number of fatal and non-fatal accidents in the sector. It once again requests the Government to explain how the current level of fines imposed, alone or in combination with other penalties, is sufficiently dissuasive as a sanction for these violations. The Committee also requests the Government to continue to provide information on the recruitment of mining inspectors in Balochistan, including the filling of vacant posts.

Article 7. Qualifications and training. The Committee notes the Government’s statement that, in order to strengthen the labour inspectorate in the Province of Punjab, the Government of Punjab has admitted officers into the Department of Labour, from 12 other departments of the district administration and the district police, to work as labour inspectors. The Committee requests the Government to provide information on the manner in which it is ensured that the new officials assigned to the Department of Labour performing the function of labour inspectors have adequate qualifications to perform effectively their inspection duties, in accordance with Article 7 of the Convention, and to provide specific information on the subject matter and duration of training provided to these new officials in support of their labour inspection activities.

Article 8. Eligibility of men and women for appointment to the inspection staff. The Committee notes the information provided by the Government in response to the its previous request on female inspectors, that the Provincial governments are making continuous efforts to increase the number of female inspection staff, with a view to reducing the gender gap in inspection teams. It notes the information in the 2018 annual labour inspection report on the number of female labour inspectors in the provincial Departments of Labour in all provinces, and in the Department of Mines in Sindh and KPK. The Government further indicates that it is in the process of recruiting female labour inspectors in the Department of Mines of Balochistan. The Committee requests the Government to continue to provide information on the results of its efforts to increase the number of female inspection staff.

Article 11. Financial and material means, including transport facilities. The Committee notes the Government’s indication, in response to the Committee’s request, that efforts are being made to provide transport facilities to inspection officials. The Government reiterates that, due to financial constraints, official transport facilities cannot be provided to all the labour inspectors but that efforts are underway to reimburse the inspectors for any travel and incidental expenses necessary to discharge their official duties in all provinces. The Committee further notes the specific information provided concerning the transport facilities and allowances of the Department of Labour of Punjab and the Department of Mines in Sindh. The Committee requests the Government to continue to provide information on the specific actions taken to improve the situation as regards transport facilities and allowances, including further detailed information on the transport facilities available to labour inspectors in each province, and the total amount spent on travel allowances each year.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee previously noted that one of the main findings of the 2016 national OSH profile published by the Ministry of Overseas Pakistanis and Human Resources Development related to the non-availability of reliable data on occupational accidents and diseases. It requested concrete information on the measures taken or envisaged to improve the system for the notification of industrial accidents (including non-fatal occupational accidents) and cases of occupational disease.

The Committee notes the information in the 2018 labour inspection report concerning the number of accidents notified to the Departments of Labour in all provinces, and notified to the Departments of Mining in Balochistan, KPK and Punjab. It notes that the overall number of accidents notified appears to be low (154 for all provinces, both Departments of Labour and Departments of Mines). It notes that the vast majority notified were fatal accidents (136), and in certain cases, only fatal accidents were notified. The Committee further notes that occupational diseases were only recorded and notified to the Chief Inspectorate of Mines in Punjab and the Department of Labour in Sindh. Concerning the regulations under development previously referred to by the Government, the Committee notes the Government’s indication that both the Regulation regarding medical examination of workers of Balochistan and the Sindh OSH rules related to accidents and diseases are still in the process of adoption. The Committee requests the Government to take measures to improve the notification of occupational accidents, to ensure the notification of both fatal and non-fatal accidents, and to improve the detection and identification of cases of occupational diseases as well as their notification to the labour inspectorate. It requests the Government to provide information on the measures taken in this respect, and to continue to provide statistical information on the number of industrial accidents and cases of occupational disease in each of the provinces. It requests the Government to continue to provide information on any rules or regulations adopted in this respect.

Articles 20 and 21. Publication of an annual inspection report. The Committee notes with interest the 2018 annual report labour inspection report communicated to the Office within the time limits prescribed in Article 20, containing information on all the subjects listed in Article 21 for the four provinces and the Islamabad Capital Territory. It further notes the Government’s indication that it will submit the annual consolidated labour inspection report for the year 2019 to the ILO by the end of 2020. The Committee trusts that the Government will continue to regularly publish and communicate to the ILO the annual labour inspection reports.