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Labour Inspection Convention, 1947 (No. 81) - Belarus (RATIFICATION: 1995)

Other comments on C081

Observation

Direct Request

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Articles 3, 5, 13, 14, 16, 17 and 18 of the Convention. Preventive and enforcement activities of the labour inspection services. The Committee previously noted that, between 2009 and 2011, there was a significant decrease in: (i) the number of labour inspections (from 19,000 to 11,200); (ii) the measures ordered to protect workers from threats to their safety and health, such as the suspension of work (from 714 to 164); and (iii) the number of infringements detected (from 232,000 to 101,600).

In this regard, the Committee notes that the Government, in reply to the Committee’s previous request on the reasons for this decrease, indicates that the reduction in the number of inspections is due to the fact that considerable attention is now being paid to preventive measures, including the provision of practical and methodical assistance to enterprises in ensuring safe working conditions, which has contributed to the falling trend in industrial injuries, and a reduced need for extra inspections in high-risk enterprises where the incidence of industrial accidents is most likely. The Committee also notes from the statistics provided in the Government’s report relating to 2014, that: (i) the number of labour inspections had continued to drop to 7,058; (ii) the measures ordered to protect workers from threats to their safety and health, such as the prohibition of work, increased slightly to 186; and (iii) the number of infringements detected dropped to 88,000.

While the Committee notes the information provided by the Government on the number of industrial accidents in 2013 and 2014, which show a decrease from 2,001 to 1,833, with a decrease in the number of fatal accidents from 168 to 148, the Committee notes that no statistics on industrial accidents were provided during the period from 2009 to 2012. The Committee recalls that an appropriate balance needs to be struck between the advisory functions of labour inspection, and its enforcement functions. These functions should be regulated and balanced as part of a comprehensive compliance strategy. While the Committee notes the many actions that were undertaken aimed at preventing industrial accidents and cases of occupational disease, it also recalls that sanctions remain an important element for effective labour law compliance. It observes that the possibility of labour inspectors imposing sanctions, where these are merited and warranted to deter future violations, constitutes an important component of any preventive strategy. The Committee requests that the Government continue to provide statistics regarding the preventive measures (ordered to protect workers against threats to their health and safety) and enforcement activities of the labour inspection services (such as the violations detected and the penalties imposed). The Committee also requests that the Government provide information on the number of industrial accidents from 2009 to 2012, and during the next reporting period.

Article 3(1)(a) and (b). Primary functions of labour inspectors. The Committee previously noted that, pursuant to section 49 of the Labour Code, employers must, at the request of authorized state bodies, suspend any workers who: (i) report for work in a state of intoxication from alcohol or drugs; (ii) who have failed to validate their knowledge of safety at work; (iii) who fail to use the necessary individual protective equipment required for safety; or (iv) who have failed to undergo medical examination in the instances laid down in the law, etc. Moreover, it noted that in accordance with sections 9(9) to 9(11) of Decision No. 959 of 29 July 2006 on the Regulations of the State Labour Inspection Department, labour inspectors may demand from employers the suspension of the workers from work in cases where they did not undergo the knowledge assessment on labour protection or a medical examination. The Committee further noted that the Labour Inspection Department may undertake administrative proceedings against persons who allow workers to work in a state of alcoholic or narcotic intoxication or in a state of ill health which would usually prevent the performance of work. It also noted that, according to section 9(17) of the Administrative Offences Code, Act No. 194 of 21 April 2003 (revised on 13 July 2012) employers or persons responsible for compliance with OSH provisions who fail to comply with these provisions are liable to a fine. The Committee also notes that while the number of workers that were removed from their posts pursuant to section 49 of the Labour Code was 12,535 in 2011, this number has now increased to over 21,000 people in 2014. Recalling that the primary function of labour inspectors is to protect workers and that it is the primary responsibility of employers to provide for a safe and healthy work environment, the Committee requests that the Government continue to provide statistical information on the application of Article 3(1)(a) and (b) in practice, including on the number of infringements detected and the measures taken as a result (removal of workers from their post, penalties imposed, etc.). In particular, the Committee requests the Government to provide information on the consequences incurred by workers as a result of their removal by labour inspectors (such as their (re)-training on OSH, the entitlement to wages during the time of their removal, disciplinary measures, warnings, penalties, etc.).

Articles 5(a) and (b) and 9. Cooperation between the inspection services and other government services and employers and workers. The Committee notes the information provided by the Government in reply to its previous request concerning the association of and cooperation with other specialist inspection services (such as electrical and fire inspection services). The Committee recalls from its previous comment that, according to sections 18 and 63 of Decree No. 30 of the Council of Ministers (2004) (Rules of Investigation), trade unions or other representatives of workers’ organizations shall participate in the investigation of industrial accidents and cases of occupational diseases. The Committee notes that the Government confirms that trade unions exercise public supervision of compliance with the requirements of labour protection, and that in 2014, trade union technical inspectors carried out 7,226 inspections and monitoring visits, as a result of which employers were recommended to eliminate over 64,000 violations, and to refrain from using 1,575 units of machinery and other manufacturing equipment that had posed a threat to the lives and health of workers. Recalling that enforcement functions should be primarily assumed by labour inspectors who are properly trained and have the status and conditions of service guaranteeing their independence and impartiality, the Committee requests that the Government provide information on the manner in which the activities of the trade unions in inspection supplement the activities of the labour inspection services. In this regard, the Committee also requests that the Government provide information on the status and conditions of trade unions inspectors, whether they have the power to issue sanctions for non compliance, as well as the manner in which their inspection visits are fed into the schedule of inspection of the Ministry of Labour and Social Protection.

Articles 10 and 11. Human and material resources available to labour inspection services. The Committee notes that while the Government has communicated the requested information on the number of labour inspectors (225 in 2014) and their geographical distribution, no information has been provided on the information requested concerning the number of vehicles and their distribution throughout the central and regional services of the labour inspectorate. The Committee once again requests the Government to indicate the precise number of vehicles available to labour inspectors and to specify their distribution throughout the central and regional services of the labour inspectorate. It also once again requests that the Government indicate the criteria applied in fixing the number of labour inspectors.

Article 12(1)(c)(i) and (iii). Inspection prerogatives. The Committee notes the Government’s response regarding the powers of labour inspectors as detailed in Decree No. 144 of 2009 (regulations), implementing Decree No. 510 of 2009, establishing the methods for controlling compliance with labour law and labour protection law. According to the Government, these regulations enumerate the methods available for labour inspectors, including the power to interrogate during inspection visits, alone or in the presence of witnesses, the employer or the staff of the undertaking on any matters concerning the application of the legal provisions. However, the Committee also notes that the regulations do not provide labour inspectors with the power to enforce the posting of notices, as provided in Article 12(1)(c)(iii) of the Convention. The Committee accordingly requests that the Government provide information on the legislation which gives effect to Article 12(1)(c)(iii) of the Convention.

Article 14. Notification of the labour inspection services of industrial accidents and cases of occupational diseases. The Committee notes the information provided by the Government in reply to its previous request concerning the procedure for the notification of industrial accidents to the labour inspection services as well as their investigation, and the requested information on the number of industrial accidents. However, the Committee also notes that the Government has not provided such information in relation to occupational diseases and that no statistical information on occupational diseases is available. The Committee requests that the Government provide information on the procedure for the notification of occupational diseases as well as statistics on the number of occupational diseases reported.

Articles 20 and 21. Publication and communication to the ILO of an annual report on the work of the labour inspection services. The Committee notes that once again, no annual report on the work of the labour inspection services has been received by the Office, despite the reiterated requests of the Committee since 2009 to communicate such reports to the Office. The Committee considers that such communication should be possible for the Government, since the Government has provided statistical information on four out of the seven subjects listed in Article 21(a)–(g) in its report, and since the Government reiterates that statistical information on labour inspection activities is regularly published at the national level. The Committee therefore urges the Government to take measures to ensure that an annual report is published by the central inspection authority containing information on each of the subjects listed in Article 21, namely the staff of the labour inspection service, statistics of workplaces liable to inspection and the number of workers employed therein, statistics of inspection visits, violations and penalties imposed, and statistics of industrial accidents and occupational diseases.