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Labour Inspection Convention, 1947 (No. 81) - Mauritius (RATIFICATION: 1969)

Other comments on C081

Observation

Direct Request

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Article 5(a) of the Convention. Cooperation between the labour inspectorate and other public bodies. 1. Effective cooperation with competent bodies entrusted with the registration of establishments liable to labour inspection. The Committee notes the adoption of the Employment Rights (Registration of Employers) Regulations 2013 (revoking the Employment Rights (Registration of Employers and Permits of Job Contractors) Regulations 2009), which require the registration of employers with more than ten workers. The registration form requires information on the number of employees, and must be submitted each year to the Permanent Secretary of the Ministry of Labour, Industrial Relations and Employment, who maintains a register of employers, pursuant to section 58 of the Employment Rights Act. The Government indicates that steps are currently being initiated by the Labour and Industrial Relations Division to achieve the full implementation of these Regulations. The Committee also notes the Government’s statement that factories are registered pursuant to sections 88 and 91 of the Occupational Safety and Health Act and that inspections of these are planned based on both the risks detected in factories and on the number of employees. With reference to its general observation of 2009 concerning the establishment and improvement of registers of workplaces liable to inspection, the Committee requests that the Government provide further information on how the data obtained from the registers of workplaces and factories is used to improve the organization and planning of labour inspection activities, including the development of a plan of inspection.

2. Effective cooperation between the labour inspection services and the justice system. The Committee notes the information provided by the Government concerning the number of cases prosecuted before the Industrial Court for failure to comply with legislative provisions on occupational safety and health. It also notes the information on the number of civil cases referred to the Industrial Court by the Inspection and Enforcement Section of the Labour and Industrial Relations Division, as well as the number of criminal cases it has referred. The Committee notes the significant decrease in the number of criminal cases referred to courts between the period of July 2012–June 2013 (when 175 cases were referred) and July 2013–May 2014 (when 41 cases were referred). The Committee requests that the Government provide information on the reasons for the significant decrease in criminal cases referred to court by the Inspection and Enforcement Section, and to provide further information on the manner in which effective cooperation between this section and the justice system is ensured.

Articles 10, 11 and 16. Material resources of the labour inspectorate and visits of inspection. The Committee notes the information in the report of the Ministry of Labour, Industrial Relations and Employment of 2010–2012 that there has been a continual increase in the number of inspection visits conducted by the Occupational Safety and Health Inspectorate, from 2,179 visits in 2010 to 3,350 such visits in 2012. It further notes a significant increase in the inspections undertaken by the Inspection and Enforcement Section, from 485 inspections in 2010 to 1,501 inspections in 2012. The Committee also notes with interest that a further eight funded Labour and Industrial Relations Officer positions were added since the Government’s last report. It notes, however, that 12 of these posts (out of 54) remain vacant, and that approximately 20 per cent of all posts in the Labour and Industrial Relations Division are vacant (23 vacancies out of 106 funded positions). Noting the information provided by the Government concerning the procedure for recruitment, the Committee requests that the Government continue to take steps to fill the vacant positions in the Labour and Industrial Relations Division, and to provide information on the results achieved in this regard.

Article 12(1)(b) and (2). Powers of entry of inspectors in premises which they may have reasonable cause to believe to be liable to inspection. The Committee previously noted that pursuant to section 4 of the Occupational Safety and Health Act (Employees’ Lodging Accommodation) Regulations 2011, an authorized officer may enter, with the consent of the head of any undertaking, any building used as lodging accommodation, in order to undertake an inspection or investigation as may be necessary. In this regard, the Committee recalled that pursuant to Article 12(1)(b) and (2) of the Convention, labour inspectors provided with proper credentials shall be empowered to enter by day any premises which they may have reasonable cause to believe is liable to inspection and should be authorized to abstain from notifying their presence to the employer or his/her representative if they consider that such a notification may be prejudicial to the performance of their duties.

The Committee notes the Government’s statement that, as prior notification for inspection of employees’ lodging accommodation may be prejudicial to the performance of the duties of Occupational Safety and Health Officers, measures are being taken to amend the relevant legislation so that such Officers can enter lodging accommodation without the employer’s consent. The Committee encourages the Government to pursue its efforts to amend the Occupational Safety and Health Act (Employees’ Lodging Accommodation) Regulations to achieve full conformity with Article 12 of the Convention. It asks the Government to provide a copy of the new legislation, once it is adopted.

Articles 14 and 21(g). Recording and notification of cases of occupational disease. The Committee notes the information submitted with the Government’s report concerning the number of cases of occupational and work-related diseases diagnosed during screening sessions at occupational health clinics in 2011, 2012 and 2013. The Government indicates that statistics on occupational diseases are maintained by the Occupational Health Unit within the Ministry of Health and Quality of Life. With reference to paragraph 81 of its 2006 General Survey on labour inspection, the Committee requests that the Government provide information on the manner in which the units of the Ministry of Labour, Industrial Relations and Employment performing inspections (particularly the Occupational Safety and Health Inspectorate) are notified of cases of occupational disease.

Articles 20 and 21. Content and publication of an annual report. The Committee notes the annual report of the Ministry of Labour, Industrial Relations and Employment of 2010–12 submitted with the Government’s report, containing information on the activities of the Ministry, including of the Occupational Safety and Health Inspectorate and the Inspection and Enforcement Section of the Labour and Industrial Relations Division. This includes statistical information concerning the number of inspection visits undertaken, the number of complaints, the total value of fines imposed, the number of occupational accidents reported and the number of cases prosecuted before the Industrial Court. The Committee encourages the Government to pursue its efforts to ensure the publication of an annual report within the time limits prescribed by Article 20 of the Convention containing complete information on all the subjects listed in Article 21(a)–(g), including the number of workplaces liable to inspection, the number of workers employed therein, statistics on occupational diseases, as well as data on the violations detected and the number and nature of the penalties imposed.