CMNT_TITLE

Labour Inspection Convention, 1947 (No. 81) - Algeria (RATIFICATION: 1962)

Other comments on C081

Observation

Direct Request

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Articles 3(1)(b) and 5 of the Convention. Technical information and advice. Cooperation in the area of the prevention of occupational risks. In its previous comment, the Committee asked the Government to communicate information on institutional cooperation, and cooperation with the social partners, in the areas of prevention of occupational risks and monitoring of working conditions. The Committee notes the Government’s indication that the inspection services may seek the guidance, assistance and advice of any competent person, particularly in respect of occupational safety and health and occupational medicine, in accordance with section 6 of Act No. 90-03 of 6 February 1990 on labour inspection. The Government also indicates that labour inspectors may thus be assisted, on request, by the specialized bodies working in the field of occupational safety and health, such as the National Institute for the Prevention of Occupational Risks (INPRP), the Office for the prevention of occupational risks in the construction, public and hydraulic works sectors (OPREBATPH), the Prevention Services of the National Social Security Fund, the occupational health company “PRESTIMED” under the supervision of the Ministry of Labour, as well as the occupational medicine services attached to the health sector. The Committee also notes that the labour inspection services are providing information and advice to users, employers and workers, on the content of the labour legislation and regulations, on their rights and obligations, and on the most appropriate means of application. Moreover, the Government indicates that the general labour inspectorate has drawn up instructions concerning the programming of certain activities undertaken by the decentralized services so as to reinforce coordination and collaboration with the employers, the workers and other State services as regards occupational risks. The instructions focus on encouraging effective practices in preventing occupational risks and at putting preventive structures into place, such as occupational safety and health committees and health and safety services, and at reinforcing joint inspections undertaken with other State services such as the services for the prevention of occupational risks. The Committee notes this information, which addresses its previous request.

Article 3(2). Further duties entrusted to labour inspectors. The Committee notes the Government’s indication that, in conformity with Act No. 90-03 of 6 February 1990 on labour inspection, the labour inspection services shall assist workers and employers in drafting collective labour agreements or accords, and with conciliation in collective labour disputes. The Committee recalls that, in conformity with Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Committee requests the Government to provide detailed information on the time and resources that inspectors consecrate to each of their different obligations, beyond their principal duties provided under Article 3(1), with a view to verifying that the other duties that are entrusted to them, in particular the assistance in drafting collective agreements and in conciliation during collective disputes, do not interfere with the discharge of their primary duties.

Article 5(a). Effective cooperation between the inspection services and other Government services and public or private institutions. The Committee notes the Government’s indication, in response to its previous comment, that the updating of the register of workplaces liable to inspection, begun in the first quarter of 2013, continued throughout 2021. The Government indicates that as of December 2021, the number of registered establishments stood at 394,486, with 3,190,391 workers employed. The Government also indicates that establishments are identified primarily during labour inspection visits, at the time of notification of the beginning of construction, public and hydraulic works, and through information collected when receiving users (workers, employers and their representatives). The Committee notes this information, which addresses its previous request.

Articles 12 and 18. Obstruction of labour inspectors. Appropriate penalties. The Committee notes the Government’s indication, in response to its previous comment, that most violations involving obstruction of monitoring by the inspection services concern failure to respond to an inspectorate summons; preventing entry to the workplace; and failure to present the book-keeping and special registers required by the law. The Government states that there have been no cases where insults, violence or pressure have been used against labour inspectors. Most violation reports issued to employers were submitted to the competent authorities for prosecution and the majority of the employers were summonsed, came before the competent courts and were fined. The Government adds that the penalties for violations provided in Act No. 90-11 of 21 April 1990 on labour relations, were increased under Act. No. 17-11 of 27 December 2017 issuing the Finance Act for 2018. The Committee requests the Government to continue to provide information on the number of violations and the specific penalties applied in cases of obstruction of labour inspectors.

Article 13. Empowerment of labour inspectors in matters of occupational safety and health. The Committee notes that under section 11 of Act No. 90-03 of 6 February 1990 on labour inspection, where a labour inspector, in the course of an inspection, identifies a serious and imminent danger to the health and safety of the workers, he shall apply to the Wali (the Prefect) or the chairperson of a People’s Communal Assembly responsible for the territory, to take the appropriate action, in their individual capacities, after having informed the employer. The Committee recalls that Article 13 of the Convention provides that in order to enable inspectors to take steps to remedy defects observed in plant, layout or working methods, inspectors shall be empowered, subject to any right of appeal to a judicial or administrative authority which may be provided by the law, to make or to have made orders with immediate executory force in cases of serious and imminent danger to the health and safety of the workers. The Committee requests the Government to indicate the manner in which effect is given to Article 13 of the Convention and whether section 11 of Act No. 90-03 of 6 February 1990 on labour inspection authorizes labour inspectors to make or have made measures with immediate executory force in cases of imminent and serious danger to the health and safety of the workers. It also requests the Government to provide statistics on the cases of imminent danger to the health and safety of workers that have given rise to measures with immediate executory force made or had made by labour inspectors.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes the Government’s indication that section 13(3) of Act No. 83-13 of 2 July 1983 on industrial accidents and occupational diseases provides that industrial accidents shall be reported immediately by the social security service to the labour inspector or civil servant fulfilling inspection functions by virtue of special legislation. The Government also indicates that the labour inspection services receive information on the cases of industrial accidents and occupational diseases either through surveys conducted on those issues, through the employer, the worker, the prevention structure, or through the services of the National Social Insurance Fund for Salaried Workers (CNAS). The Committee requests the Government to provide more information on the procedure for notifying the labour inspectorate of industrial accidents and occupational diseases and to indicate the provisions of the law applicable in this regard. The Committee also requests the Government to provide statistics on the number of industrial accidents and occupational diseases.

Articles 20 and 21. Annual inspection report. The Committee notes that the Government has provided no report on the activities of the labour inspection services. However, the Committee takes note of the information provided by the Government on the number of inspectors, the number of establishments liable for inspection, the number of workers occupied in these establishments, and on the nature of the principal violations identified. It also notes the number of inspection visits undertaken from 2005 to 2021 and the number of violations reported by the labour inspectors (violation reports, official warnings issued and written observations) over the same period. The Committee notes that no information has been provided in respect of statistics on penalties imposed (Article 21(e)), industrial accidents (Article 21(f)), and statistics on occupational diseases (Article 21(g)). The Committee again requests the Government to take the necessary measures to ensure that the central inspection authority publishes an annual report on the work of the inspection services placed under its control, containing information on the matters covered in Article 21(a)–(g) of the Convention, and to forward this report to the Office in the form and within the time limits set out in Article 20.