CMNT_TITLE

Labour Inspection Convention, 1947 (No. 81) - Pakistan (RATIFICATION: 1953)

Other comments on C081

Observation

Direct Request

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Articles 2 and 22 of the Convention. Workplaces covered by the labour inspection system. The Committee previously noted the observations made by the Pakistan Workers’ Federation (PWF) that a large number of workers were not covered by labour legislation and therefore exempt from the purview of labour inspection, and that there should be occupational safety and health (OSH) laws covering all workplaces irrespective of the number of workers employed in them. In this respect, the Committee noted that work was being undertaken to adopt and enact OSH laws in all provinces, and that draft OSH laws for the provinces of Sindh and Balochistan had already been proposed, based on a model OSH Law that had been developed with ILO assistance at the national level.

The Committee notes the Government’s indication, in response to the Committee’s request that measures are being taken to gradually enlarge the scope of labour inspection to all workplaces. The Committee takes due note of the adoption of the 2017 OSH Act enacted in the province of Sindh, communicated with the Government’s report. The Committee also notes the Government’s reference to efforts in the province of Balochistan to enact the draft OSH Law, the formulation of a draft OSH Law in the province of Khyber Pakhtunkhwa, and the preparation of a separate OSH Law in the province of Punjab. The Committee requests the Government to provide further detailed information on the progress made with respect to the extension of labour inspection to all workplaces, and the adoption of OSH laws in the provinces of Balochistan, Khyber Pakhtunkhwa and Punjab. It requests the Government to provide the relevant OSH laws, once adopted.

Article 3(1)(a) and (b). Labour inspection and OSH. The Committee notes that the Government once again reiterates that in Sindh, a draft OSH policy has been submitted to the provincial cabinet for approval, and that a labour inspection profile is under preparation with ILO technical assistance, which will be communicated once finalized (foreseen for the end of 2018). The Committee requests the Government to continue to provide information on the measures taken to improve the situation with regard to OSH in the Province of Sindh, including with regard to the progress made with the adoption of an OSH policy. It also requests the Government to provide a copy of the labour inspection profile, once finalized.

Articles 3(1)(a) and (b), 17 and 18. Labour inspection and OSH in the mining sector. The Committee notes the statistical information provided by the Government in response to the Committee’s request on labour inspection activities carried out in the mining sector in the area of OSH in the province of Balochistan, including the number of mining inspectors (11) and mining inspections undertaken in 2017 (approximately 600). It notes in this respect that the majority of inspector posts in Balochistan remain unfilled (ten out of 19 factory/mines inspectors posts are vacant, as are four out of six OSH inspector posts and all ten technical inspector posts). The Committee also notes the information that a national consultative meeting of the Chief Inspectors of Mines was convened in June 2018 in the framework of the ILO project on Strengthening the Labour Inspection System in Pakistan. It notes that, during that meeting, a number of recommendations were made in view of the consistently high number of fatal accidents in the mining sector, including the updating of the legislative framework governing the mining sector, capacity building, the hiring of additional inspectors and the purchase of adequate inspection equipment. Noting the grave nature of safety risks in the mining sector and the acute shortage of labour inspectors in Balochistan, the Committee requests the Government to provide information on any measures taken to implement the abovementioned recommendations, and to continue to provide information on the number of mines inspected, the number of violations detected, and the penalties applied. The Committee requests the Government to provide information on the steps taken to fill the significant number of vacancies referred to above.

Articles 7 and 9. Training of labour inspectors. Specialists and experts associated in the work of labour inspection. The Committee notes the information provided by the Government, in reply to its request for information on the training provided to labour inspectors, that: in Sindh, with the assistance of the ILO, training has been provided to 120 factory inspectors; in Khyber Pakhtunkhwa, 574 persons were trained, including labour inspectors, employers and workers; in Balochistan labour inspectors have received training within the framework of the ILO project on Strengthening the Labour Inspection System in Pakistan; and in Punjab, a significant number of training sessions in the area of OSH were carried out. The Committee requests the Government to continue to provide details from each province regarding the training provided to labour inspectors, particularly in the area of OSH, including the number and length of sessions and the particular subjects covered. It also once again requests the Government to provide information on the association of technical experts and specialists in the work of the labour inspection services.

Article 8. Eligibility of men and women for appointment to the inspection staff. The Committee previously noted that female inspectors comprised approximately 0.05 per cent of labour inspectors in Punjab and 0.02 per cent of labour inspectors in Sindh. The Committee welcomes the Government’s information, in response to the Committee’s request, that a total of 14 female labour inspectors are working in Punjab, three in Sindh, three in Balochistan and one in Khyber Pakhtunkhwa. The Government adds that there are currently two female inspectors working in mines in the province of Sindh. The Government also refers to the fixation (Khyber Pakhtunkhwa) or proposed fixation (Punjab) of quotas for female inspectors. The Committee requests the Government to continue to provide information on any efforts made to increase the number of female inspectors in all provinces. It also requests the Government to provide information on the total number of labour inspectors in each province, specifying the number of female labour inspectors.

Article 11. Financial and material means, including transport facilities. The Committee previously noted the observations made by the PWF that the budgetary allocations for labour inspection functions were minimal, and that there was a lack of inspection equipment and transport facilities. The Committee notes the reiterated statement of the Government that not all inspectors have access to official vehicles, but that efforts are made to reimburse labour inspectors of any travel and incidental expenses considered necessary for the performance of their duties. Because the Government has not provided a reply, the Committee once again requests the Government to provide specific information for each province on any guidance issued as to what travel is “necessary for the performance of inspectors’ duties”; on the rate established and/or amount allocated for travel allowances; and on the total amount spent on travel allowances each year.

Article 14. Notification of cases of occupational disease. The Committee previously noted that one of the main findings of the 2016 national OSH profile 2016 published by the Ministry of Overseas Pakistanis and Human Resources Development related to the non-availability of reliable data on occupational accidents and diseases. The Committee notes the Government’s indication, in response to the Committee’s request, that under the 2015 Worker Compensation Act, the number of notified cases of occupational disease increased significantly in Sindh, and that efforts are undertaken in Balochistan to establish an inspection reporting unit, which includes the collection of data on OSH. The Committee further notes that out of the 34 occupational accidents notified to the Chief Inspector of Mines in Balochistan, 31 were fatal, and that no cases of occupational disease were notified. The Committee requests the Government to provide concrete information on any measures taken or envisaged to improve the system for the notification of industrial accidents (including non-fatal occupational accidents) and cases of occupational disease in each province, and to provide statistical information on the number of industrial accidents and cases of occupational disease in each of them.