CMNT_TITLE

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

Other comments on C081

Observation

Direct Request

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Articles 2, 3(1)(a) and (b) and 22 of the Convention. Coverage of workplaces by labour inspections. Private auditing firms. The Committee previously noted the Government’s statement that the outsourcing of responsibilities towards private auditing firms performing third party inspections had to change. The Committee notes the Government’s indication, in response to the Committee’s request, that there is currently no formal interface between private auditing firms (accredited by the Pakistan National Accreditation Council (PNAC)) and public labour inspection. The Government states that private auditing may be complementary to but may not replace public labour inspection, and further states that there are currently no auditing firms accredited by PNAC with the scope of labour inspection. In this regard, the Committee requests the Government to provide further information on the role and activities of private auditing firms with respect to occupational safety and health; the interaction, if any, between such firms and the provincial labour inspectorates; and further information on the manner in which private auditing firms could complement public labour inspection if they are assigned responsibilities in the future.

Article 3(1)(a) and (b). Labour inspection and OSH. The Committee notes with interest the Government’s reference to the legislative developments concerning OSH in the Islamabad Capital Territory, Sindh, Punjab, Balochistan and Khyber Pakhtunkhwa. The Committee also notes the Government’s indication that the labour inspection profile for Sindh will be finalized by the end of 2019 and subsequently communicated. The Committee requests the Government to continue to provide information on the progress made with the adoption of OSH laws in Islamabad Capital Territory and all provinces, and to provide the labour inspection profile for Sindh, once finalized.

Articles 3(1)(a) and (b), 17 and 18. Labour inspection and OSH in the mining sector. The Committee previously noted that the 2018 meeting of all provincial Chief Inspectors of Mines recommended the revision of mining legislation, capacity-building, the recruitment of additional inspectors and the purchase of adequate inspection equipment to address the consistently high number of fatal accidents in the mining sector. The Committee notes from the statistics provided by the Government in response to the Committee’s request that between January and September 2019, in Balochistan, 1,350 inspections were carried out (an increase from 600 mining inspections in 2017). It notes that as a result of these inspections, 600 violations were detected, proceedings were initiated against 74 companies and fines amounting to 66,000 Pakistan rupees were imposed (approximately US$422, on average less than US$6 per company). The Committee also notes the Government’s reference to awareness-raising activities for workers, comprehensive training on safety in mines for 29 mining inspectors, and the proposed reform of the Mines Act in Balochistan to improve OSH. The Committee notes that the Government has not provided the requested information on the filling of inspector positions in Balochistan, the majority of which, as previously noted by the Committee, remained unfilled. The Committee notes from the statistics provided in the 2017 annual report of the labour inspection services that in the mining sector, there were 31 fatalities in Balochistan, 412 in Khyber Pakhtunkhwa, 52 in Punjab, and 8 in Sindh. The Committee requests the Government to continue to provide information on any measures taken to improve safety and health in the mining sector, and to continue to provide information on the number of mines inspected, the number of violations detected, and the penalties applied, as well as the number of accidents in the sector. The Committee further requests the Government to explain how the current level of fines imposed, alone or in combination with other penalties, is sufficiently dissuasive as a sanction for these violations. The Committee also once again requests the Government to provide information on the recruitment of mining inspectors in Balochistan. Noting the significant number of fatal occupational accidents in the mining sector in Khyber Pakhtunkhwa, the Committee urges the Government to strengthen labour inspection in that sector.

Articles 7 and 9. Training of labour inspectors. The Committee notes the detailed information provided by the Government, in reply to its request for information on the training provided to labour inspectors in all provinces, particularly as regards OSH. The Government provides information on the establishment of a centre for OSH and a training institute in the province of Khyber Pakhtunkhwa for the training of OSH inspectors, the training of 235 inspectors in Punjab on various laws, especially regarding OSH, and the training of mining inspectors in the four provinces. The Committee notes this information.

Article 8. Eligibility of men and women for appointment to the inspection staff. Following its previous comments, the Committee notes that the Government once again refers to the fixation of quotas for female inspectors in Khyber Pakhtunkhwa and Punjab, specifying that this quota is 15 per cent in Punjab, and 10 per cent in Khyber Pakhtunkhwa as regards positions in mines. The Committee also welcomes the efforts in Khyber Pakhtunkhwa to increase the number of female inspectors, and the Government’s indication that there are now five female labour inspectors in that province (an increase from one previously noted). The Committee requests the Government to continue to provide information on the efforts made to increase the number of female inspectors in all provinces. It also requests the Government to continue 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 Government’s statement that not all inspectors have access to official vehicles, but that efforts were made to reimburse labour inspectors for any travel and incidental expenses considered necessary for the performance of their duties. The Committee notes the Government’s indication, in response to the Committee’s request, that efforts are being made in the provinces to improve the situation as regards transport facilities and allowances. In this respect, the Government refers to the specific budgetary allocations in Balochistan, Sindh and Punjab for vehicles or travel allowances, and to revised rates of daily allowances on official duty in the province of Khyber Pakhtunkhwa. The Committee requests the Government to continue to provide information on the specific actions taken to improve the situation as regards transport facilities and allowances, including information on the transport facilities available to labour inspectors in each province, and the total amount spent on travel allowances each year.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee previously noted that one of the main findings of the 2016 national OSH profile 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 indications, in response to its request, that in mines, employers are already required to report both industrial accidents and cases of occupational disease, and that inspectors control these requirements during inspections. The Committee also notes the Government’s reference to the draft Sindh OSH Rules which provide for the reporting of occupational accidents and diseases through a dedicated report from, as well as the recently approved Regulations regarding medical examinations of workers in Balochistan. The Committee further notes the information on occupational accidents in the 2017 annual labour inspection report communicated by the Government. In this respect, it notes that information concerning occupational diseases is available only with respect to Sindh, where one case of occupational disease has been reported. The Committee requests the Government to continue to provide concrete information on the 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. In this regard, it requests the Government to provide information on the legal provisions that require employers to notify industrial accidents and cases of occupational disease to the labour inspectorate in sectors other than mining. It also requests the Government to provide statistical information on the number of industrial accidents and cases of occupational disease in each of the provinces.

[The Government is asked to reply in full to the present comments in 2020]