Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 81) sur l'inspection du travail, 1947 - Iles Salomon (Ratification: 1985)

Autre commentaire sur C081

Observation

Demande directe

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Articles 3(1)(b), 13 and 14 of the Convention. Notification of industrial accidents and cases of occupational diseases, and preventive activities of the labour inspectorate in the area of occupational safety and health. In reply to its previous comments, the Committee notes the Government’s reference to section 15 of the Workmen’s Compensation Act. The Committee notes that this section does not refer to the notification of occupational accidents and diseases to the labour inspectorate but to the notice to be given by the worker or on behalf of the worker to the employer or to the official under whose supervision the worker is employed, in respect of an accident, for the purpose of the application for compensation. The Committee previously noted, that, according to section 31 of the Workmen’s Compensation (Accident and Occupational Disease Return) Regulations, the employer has a duty to inform the Commissioner of Labour of any accident or disease causing death or injury within seven days of the incident. It noted in this respect that a delay of up to seven days in notice may prevent a timely investigation of serious incidents by labour inspectors. The Committee also notes that, with respect to the preventive measures adopted by labour inspectors to minimize risks of industrial accidents and cases of occupational diseases, the Government refers to section 30 of the Safety at Work Act, which provides for the power of the inspectors to issue notices of compliance. However, the Committee notes that the Government does not provide information on the measures with immediate executory force available to labour inspectors, pursuant to Article 13 of the Convention, to minimize the risk of occupational accidents and diseases. The Committee urges the Government to provide information on any measures taken to ensure the timely notification and investigation of industrial accidents and cases of occupational diseases. In addition, the Committee requests the Government to provide information on any measures taken by labour inspectors with a view to remedying defects observed in plant, layout or working methods which they may have reasonable cause to believe constitute a threat to the health or safety of the workers.

Articles 10, 11 and 16. Number of inspectors and inspections, and material means at the disposal of inspectors. The Committee notes the Government’s indication that the authority that supervises the labour inspection system is the Office of the Commissioner of Labour, and that all inspectors gazetted under the Labour Act are specialized in the fields they were assigned. The Government further indicates that the Office of the Commissioner of Labour carries out two sets of inspections: proactive and reactive inspections. Proactive inspections are carried out to each undertaking referred to under the Labour Act, while reactive inspections are carried out once complaints are reported. While taking note of the information provided by the Government, the Committee notes that no information has been provided with regard to the transport and material means assigned to labour inspectors and to the reimbursement of travel expenses. Therefore, the Committee requests once again that the Government provide detailed information on the office equipment available to labour inspectors (number of offices, computers, printers, measuring devices, etc.), as well as the number of transport facilities available.It also requests the Government to provide information on the procedure for the reimbursement of travel expenses incurred by inspection officers in the performance of their duties. In addition, the Committee requests that the Government provide information on the number of inspectors, including their specialized fields.

Articles 19, 20 and 21. Annual labour inspection reports. The Government indicates that, in practice, once an inspection is carried out and completed, reports of a particular inspection are submitted to the Office of the Commissioner of Labour. It adds that these reports are important for two reasons: the first is to account for the public funds allocated and used for inspections; and the second is to act on the recommendations made by labour inspectors. While taking note of the information provided by the Government, the Committee notes once again that an annual labour inspection report containing full information on all the subjects listed in Article 21(a)–(g) of the Convention has never been received by the ILO. With reference to its general observation of 2010, the Committee once again recalls that when well prepared, the annual reports offer an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness. Noting that in practice reports on each inspection are submitted to the Office of the Commissioner of Labour, the Committee encourages the Government to take action for the elaboration and publication of an annual report containing all the information required under Article 21 of the Convention, and to keep the Office informed of any progress made. The Committee recalls that the Government may request ILO technical assistance in this regard.

[The Government is asked to reply in full to the present comments in 2024.]