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Labour Inspection Convention, 1947 (No. 81) - United Republic of Tanzania.Tanganyika (RATIFICATION: 1962)

Other comments on C081

Observation

Direct Request

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Articles 4 and 5(a) of the Convention. Supervision and control by a central authority. Effective cooperation between inspection services. The Committee previously noted that there are two distinct inspection branches, the Occupational Safety and Health Authority (OSHA) and the Labour Administration and Inspection Section (LAIS), and requested the Government to provide information on the cooperation of the two branches and the supervision of LAIS over field structures. The Committee notes the Government’s indication that in 2006 it created a Joint Committee of Heads of Labour Department, OSHA, a Workers Compensation Fund (WCF), and a National Social Security Fund (PSSSF) for the purpose of conducting joint inspections, monitoring and evaluation on compliance of labour laws. Moreover, the Joint Committee has planned to carry out joint inspections for the financial year 2020–21 at both national and regional levels. The Government also states that a labour inspection manual is developed and published. The Committee requests the Government to provide information on the number and nature of inspection activities conducted by the Joint Committee at the national level and at the regional level. It also requests the Government to continue to provide information on the coordination between OSHA and LAIS at both the central and regional levels, including on the number of joint inspections carried out and the results achieved. It once again requests the Government to provide information on the manner in which the LAIS exercises control and supervision over the field structure of inspectors, as well as any measures taken or envisaged to strengthen communication between the central and regional offices. It also requests the Government to provide a copy of the labour inspection manual.

Article 5(b). Collaboration between labour inspectors and employers and workers or their organizations. The Committee notes the Government’s information in reply to its previous requests regarding the application in practice of sections 5(4)(c), 12(g) and 13(5) of the Act on Safety and Health at Work (OSH Act). Concerning the application of section 12(g) of the OSH Act, the Government indicates that the OSH representatives are equipped with knowledge in respect of their duties and that they participate in the entry and exit meetings during inspection. The Government also states that while information pertaining to inspection is strictly confidential, section 5(4)(c) of the OSH Act provides for administrative procedures and criteria to be met for any requested information to be provided to a OSH representative. The Government further indicates that, although section 13(5) of the OSH Act grants inspectors the power to request the holding of an OSH committee, it never happened in practice, since employers always comply with section 13(4) requiring the minimum frequency of OSH committee meetings. The Committee takes note of this information, which addresses it previous requests.

Articles 7 and 10. Number and training of inspectors. Following its previous comments, the Committee notes the Government’s indication that all labour officers are authorized to carry out inspection activities. Currently, there are 69 labour officers in the Labour Department (including 10 officers at the headquarters and 59 in the field or regional offices), decreasing from 93 labour officers in 2015-2016. In addition, there are also 92 OSH officers. The Government also states that trainings are organized under the UN Development Assistance Plan (UNDAP) – ILO project. In 2019–20, all labour officers were sensitized on decent work deficit in tobacco crop sub-sectors. Some of them also received training in Turin on decent work in the rural economy. The Committee requests the Government to provide information on reasons leading to the decrease in the number of labour officers, and on the measures taken to ensure that the number of labour inspectors is sufficient to secure the effective discharge of their duties. The Committee also requests the Government to provide information on the training provided to OSH officers, including the frequency and content of training programmes.

Article 12(1)(a). Right of inspectors to enter workplaces freely. Timing of inspections. The Committee previously requested the Government to provide information on the manner in which it ensures that labour inspectors are entitled to enter freely at any hour of the night or day in any workplace liable to inspection. The Government reiterates that section 45(1)(a) of the Labour Institutions Act provides that labour officers may enter any premises “at any reasonable time”. It also notes that section 6(1) of the OSH Act provides for the power of OSH inspectors to enter, inspect and examine any workplace by day and night. The Committee requests the Government to clarify the definition of “at any reasonable time” and to provide information on how inspectors define the timing of inspection as “reasonable”; it further requests the Government to provide information on the number of inspections, by labour officers and OSH inspectors, conducted without prior notice, and any instances in which these inspectors were denied entry at a time they deemed to be “reasonable.”.

OSH inspections. The Committee previously noted that section 5 of the OSH Act appeared to be interpreted in practice as requiring a special delegation by the Chief OSH inspector for all OSH inspections. The Committee notes the Government’s indication that, in order to facilitate the inspectors to perform their duties, they are provided with certificates of authorization and may request the assistance of police officers in the performance of their duties. Once appointed and given a certificate of authorization, an inspector continues to perform her/his duties without any further delegation from the Chief inspector. The Committee takes note of this information, which addresses its previous request.

Articles 17 and 18. Legal proceedings and effective enforcement of penalties. Following its previous comments, the Committee notes the Government’s indication that the Compounding of Offences Regulations are being finalized, which will provide for the types of contraventions and rates of fines to be charged regarding the violation of labour law provisions. The Government also states that in the financial year 2019–20, 919 compliance orders were issued to employers, and 36 employers were prosecuted before the courts for violations of the Employment and Labour Relations Act. The Committee requests the Government to continue to provide statistics of violations detected, compliance orders issued, as well as penalties imposed, cases submitted to courts and the outcome of the court proceedings. It also requests the Government to provide information on any progress made regarding the development of the Compounding of Offences Regulations, and to provide a copy once adopted.

Articles 20 and 21. Annual labour inspection reports. Following its previous comments, the Committee notes the Government’s indication that it is still working on the finalization of the register of workplaces. The Government also states that the annual labour inspection report for 2019–20 is expected to be published in the financial year 2020–21, and will be communicated to the ILO. The Committee once again requests the Government to strengthen its efforts to publish and communicate to the ILO annual labour inspection reports on a regular basis, as required by Article 20 of the Convention, including all subjects covered in Article 21(a)-(g). It requests the Government to continue to provide information on the progress made regarding the establishment of a coherent register of workplaces.