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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. With regard to its previous comments, the Committee notes the information provided by the Government in its report on the number of suspension and prohibition orders issued in workplaces posing a risk to the life and health of workers, which went from 63 sites in 2015 to six sites in the first semester of 2018, as well as the number of circulars sent to government bodies concerning the breaches of legislation detected and how to prevent them.

Furthermore, the Committee notes the decrease in reported accidents at work which went from 3,526 in 2009 to 2,011 in 2016 and then 343 in the first semester of 2018, and a decrease in the number of fatal occupational accidents that occurred during the same period, which fell from 208 in 2009 to 119 in 2016 and then 70 in the first semester of 2018. The Committee notes that the Government does not provide information on enforcement and prevention activities carried out after 2018. In this context, the Committee requests the Government to provide up-to-date information disaggregated by year on: (i) the enforcement activities conducted, including the number of violations detected and penalties imposed; (ii) the preventive measures carried out, including the number of orders issued to protect workers against threats to their safety and health; and (iii) the number of industrial accidents reported.

Article 3(1)(a) and (b). Primary functions of labour inspectors. Further to its previous comments, the Committee notes the information provided by the Government on the number of workers removed from their posts under section 49 of the Labour Code (which authorizes the suspension from work of workers on various grounds at the request of state labour inspectors), as follows: in 2015, 22,700 workers were suspended; in 2016, 41,000; in 2017, 40,700; and in the first semester of 2018, more than 7,700. The Committee also notes that during the period from 2015 to 2017, 962 employers received fines for breaching labour and occupational safety and health law, totalling BYN236,400 (US$71,676).

The Committee further notes the Government’s indication that periods of suspension from work are not remunerated, with the exception provided for in section 49 of the Labour Code, which states that when a worker is suspended for failing to undergo vocational training or an OSH knowledge assessment, or a medical examination or an alcohol or substance intoxication test, through no fault of his or her own, he or she receives remuneration for the entire period of suspension, in accordance with section 71(1) of the Labour Code. The Committee notes that according to the terms of section 49 of the Labour Code, the consequences incurred by workers as a result of their suspension under this provision vary depending on the reason for the suspension. However, it notes that the Government did not provide information on the OSH training and retraining provided to workers and the warnings issued.

Observing the apparent disparity in government disciplinary actions as between workers and employers during the period since 2015, and recalling once again 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 the Government to continue to provide information on the application of Article 3(1)(a) and (b) of the Convention in practice, including the number of infringements detected, the measures taken as a result (including in application of section 49 of the Labour Code), and the technical information and advice provided to employers and workers on the most effective means of complying with the legal provisions. It also once again requests the Government to provide information on the OSH training and retraining conducted for suspended workers.

Articles 5(a) and (b). Cooperation between the inspection services and other government services and employers and workers. Further to its previous comments, the Committee notes the Government’s indications that in accordance with section 2 of Presidential Decree No. 240 of 2010 on the Conduct of Public Oversight by Trade Unions, trade union representatives have the right to conduct public supervision in the form of inspections to monitor compliance with labour legislation and collective agreements. In this regard, the Government specifies that the performance of public supervision by a trade union does not preclude or postpone inspections carried out by state supervisory bodies, including on the same matters.

The Government further indicates that labour inspectors of the State Labour Inspection Department of the Ministry of Labour and Social Protection (MLSP) worked with trade union representatives to: (i) conduct special investigations on serious industrial accidents (302 investigations were conducted in the first semester of 2018; 481 in 2017; 530 in 2016; and 795 in 2015); and (ii) provide seminars and counselling sessions to inform workers about OSH legislation (607 initiatives were carried out in the first semester of 2018; 1,600 in 2017; 779 in 2016; and 742 in 2015). In addition, trade union representatives were involved in assessing the OSH knowledge of managers and specialist staff (16,800 managers and specialist staff were evaluated in the first semester of 2018; 30,200 in 2017; 23,500 in 2016; and 24,200 in 2015).

Concerning the status and conditions of trade unions inspectors, the Government indicates that trade union legal and technical labour inspectors are trade union employees (who must have a degree in law or technical subjects, accordingly). It also indicates that trade union inspectors do not have the power to impose sanctions on employers or to initiate administrative proceedings against officials who have committed infringements, as they are not state bodies specifically authorized to monitor or supervise compliance with labour legislation.

Regarding the manner in which trade union inspection visits are incorporated into the inspection schedule of the MLSP, the Government indicates that according to the Regulations of Presidential Decree No. 240 of 2010, inspection visits by union inspectors are scheduled taking into account the plans of control activities in the country. In this regard, if the inspection of an establishment by the State Labour Inspection Department is scheduled for the current year, the union may not include such establishment in its inspection schedule for the same period (section 9). The Committee requests the Government to continue providing information on the manner in which the activities of the trade unions concerning inspections supplement the activities of the labour inspection services, including information on how often and how rapidly serious violations identified by trade union inspectors are followed up and prosecuted by government labour inspectors.

Articles 10 and 11. Human and material resources available to labour inspection services. Further to its previous comments, the Committee notes the Government’s indication that the criteria applied to determine the number of labour inspectors are based on the workload of each inspector, taking into account the number of communications received and the number of organizations and workers in the geographical area they cover.

It also notes the Government’s information that there are 30 vehicles at the disposal of the inspectors of the State Labour Inspection Department, distributed among the central and the six regional services of the labour inspectorate. With reference to its comment below under Articles 20 and 21, the Committee requests the Government to provide up to date information on the number of labour inspectors and their geographical distribution and on the material resources available to them.

Article 12(1)(c)(iii). Enforcement of the posting of notices. Further to its previous comments, the Committee notes the Government’s reference to section 17 of the Occupational Safety and Health Law of 2008, which establishes the employer’s obligation to inform workers of their working and OSH conditions, including health risks and personal protective equipment provided. It also notes that the national legislation does not give effect to the power of inspectors to enforce the posting of notices required by the legal provisions. Recalling the importance of ensuring that employers and workers are clearly informed of their respective rights and obligations, and encouraged to abide by them, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that labour inspectors are empowered to enforce the posting of notices required by the legal provisions, in accordance with Article 12(1)(c)(iii).

Article 14. Notification to the labour inspection services of industrial accidents and cases of occupational diseases. Further to its previous comments, the Committee notes the Government’s indication that the procedure for the notification of occupational diseases is set out in the Rules for Investigating and Reporting Industrial Accidents and Occupational Diseases, adopted by Decision of the Council of Ministers No. 30 of 2004, under which employers and insurers are required to notify the territorial subdivision of the State Labour Inspection Department of acute fatal occupational diseases and simultaneous occupational diseases affecting two or more persons (section 62). The Committee notes the information provided by the Government in relation to the number of occupational diseases reported up to 2017. With reference to its comment below under Articles 20 and 21, the Committee requests that the Government provide up to date information on the number of industrial accidents and occupational diseases notified to the labour inspectorate.

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 the information contained in the Report on the review of the activities of labour inspectorates of the member States of the Euro-Asian Regional Alliance of Labour Inspections for the year 2022, which is published on the website of the State Labour Inspection Department. This report includes information on the number of inspection visits, the number of violations identified, and the penalties imposed. The Committee requests the Government to ensure that annual labour inspection reports are regularly published and communicated to the ILO, in accordance with Article 20 of the Convention, and that they contain information on all the subjects covered by Article 21(a)–(g), including on the number of labour inspectors (Article 21(b)), the number of workplaces liable to inspection and the number of workers employed therein (Article 21(c)) and the number of industrial accidents and cases of occupational diseases (Article 21(f) and (g)).