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Labour Inspection Convention, 1947 (No. 81) - Bulgaria (RATIFICATION: 1949)

Other comments on C081

Observation

Direct Request

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The Committee notes the observations of the Confederation of Independent Trade Unions in Bulgaria (CITUB) communicated with the Government’s report in 2018.

Articles 3(1)(a), (b) and 5(b) of the Convention. Provision of technical information and advice on occupational safety and health (OSH), and the control of the legal obligations of employers with regard to training and safety instructions. The Committee notes that according to the 2021 report of the General Labour Inspectorate Executive Agency (GLIEA), occupational accidents are declared and registered by the National Social Security Institute (NSSI), and the GLIEA participates in the investigation of only some of them, such as those resulting in the death of workers, those that can lead to disability and in the case of injuries caused to more than three workers. In order to establish the causes of accidents involving workers, labour inspectors carried out 665 investigations in 2021. According to the 2021 GLIEA report, there are two main causes of occupational accidents: (i) reasons related to the behaviour of the employer, such as the lack of instructions for the safe use of work equipment and negligence in conducting training and briefings on safety and health at work; (ii) reasons related to the behaviour and qualifications of the staff, such as violations of safety requirements during work by, for example, carrying out repair or maintenance activities on work equipment without first bringing the moving parts of the same to a complete standstill or disconnecting it from the power supply network. The 2021 GLIEA report also indicates that accidents due to falls on the floor due to poor maintenance of floor coverings, poor lighting of passageways, wet or icy surfaces are registered every year. The Committee notes the Government’s indication that, in addition to the annual reports of the GLIEA, information is regularly published on GLIEA’s website on the death cases due to accidents at work, including the causes of such accidents. In terms of information and advice provided, the Government indicates that employers and workers can be provided with advice onsite during inspection. The Government adds that reception centres are organized at the central level and in each of the directorates located in the administrative regional centres across the country, where anyone interested can obtain technical information on the application of labour legislation, including on matters concerning the provision of healthy and safe working conditions. The Committee further notes from the 2021 GLIEA report that in 84 per cent of the enterprises inspected in 2021, there were functioning safety and health authorities at work, which organize the implementation of activities related to the protection from occupational risks and prevention of these risks. Establishments found to lack a safety and health authority are most often those being inspected for the first time or operating on a seasonal basis. The Committee notes from the 2021 report of the GLIEA that the total number of OSH violations amounted to 97,487, which represents 51.9 per cent of all violations (187,712), a number comparable to that of 2020. The largest group of violations related to the organization and management of the activities to ensure healthy and safe working conditions (63,707 violations), in particular regarding the conduct and documentation of staff briefings and risk assessments. However, violations in the field of safety of work equipment and technological processes (21,572 violations) are the most common cause of accidents on the workplace. According to the 2021 report of the GLIEA, in large and medium enterprises the basic OSH requirements are observed to a greater extent than in micro and small enterprises and large enterprises have established policies for conducting training to increase the qualification of their staff. The Committee notes that the 2021 report of the GLIEA contains information on the number and type of measures with immediate executory force adopted by labour inspectors. Finally, the Committee notes that the statistics on occupational accidents and diseases are published by the NSSI on a yearly basis. The Committee requests the Government to continue to provide information on the most frequent causes of serious accidents and the preventive and enforcement activities undertaken by labour inspectors in this regard. It also requests the Government to continue to provide information on the measures taken to supply technical information and advice on OSH to employers and workers, especially in micro and small enterprises.

Article 4. Placing labour inspection under the supervision and control of a central authority. In reply to the Committee’s previous comment, the Government indicates that the labour inspection policy provides for the exercise of integrated control for the protection of workers’ rights, and the introduction of a uniform application of the employment legislation in enterprises. The Committee also notes the information provided by the Government in reply to its previous request concerning an organizational chart of the labour inspection system. It also notes from the 2021 report of the GLIEA that the long-term priorities of the Agency are indicated in its Strategic Plan for the period 2018-21, which calls for an effective and efficient labour inspection system. The Committee notes that according to section 10 of the Labour Inspection Act, the permanent body for carrying out coordination, consultation and cooperation on matter concerning labour inspection is the National Council on Working Conditions. The Committee requests the Government to provide information on the composition and activities of this body.

Articles 5(a) and 9. Effective cooperation between the inspection services and other government services and public institutions; and the association of duly qualified experts in inspection work to ensure the enforcement of the legal provisions relating to the protection of workers’ safety and health. The Committee notes the Government’s indication that, with respect to occupational health services, the GLIEA cooperates with the Ministry of Health and, in cases of identified irregularities, it informs this Ministry and its subdivisions. According to the Health and Safety at Work Act, a representative of the Minister of Labour is a member of the Commission on the Registration of Occupational Services, along with representatives of the Ministry of Health and employers’ and workers’ organizations. The Government also indicates that, to achieve a more efficient control in the construction sector, the GLIEA cooperates, through information exchanges and joint inspections, with the Directorate for National Construction Control, which exercises control over the observance of the Territorial Planning Act and its implementing regulations. The Committee also notes that according to the 2021 report of the GLIEA, in order to increase the effectiveness and efficiency of inspection activities, in 2021 the Agency carried out 1,367 joint inspections with other state control bodies such as the Ministry of Internal Affairs, the Regional Health Inspectorates, the NSSI and the National Revenue Agency. Noting the Government’s indication that the recruitment of qualified staff, in particular engineers, represents a challenge, the Committee requests the Government to provide information on the measures taken to ensure that duly qualified technical experts and specialists, including specialists in medicine, engineering, electricity and chemistry, are associated in the work of inspection. It also requests the Government to continue to provide information on the co-operation between the inspection services and other Government services and public or private institutions engaged in similar activities.

Articles 6, 7(3) and 10. Statute and conditions of service of labour inspectors. Training. Sufficient number of labour inspectors. The Committee previously noted that the number of labour inspectors had remained relatively unchanged (395 in 2009 and 389 in 2015) and that in view of the difficulties to pay higher salaries, measures to retain inspectors included the provision of career prospects through promotion following competitive selection and the provision of training opportunities for inspectors. The Committee notes that according to the 2021 report of the GLIEA, the total number of personnel increased to 492 full-time employees, of which 477 civil servants with managerial and expert functions. The Government also indicates that, in view of the nature of the obligations requiring extensive knowledge, the recruitment of a sufficient number of qualified staff is difficult. The Government also indicates that the level of remuneration at GLIEA is generally lower than the one in the private sector and in other administrations. The GLIEA undertakes measures to offer incentives and motivate inspectors, by allocating additional rewards for achievements up to four times a year for its staff and increases the level of payment annually, based on the performance assessments. The Committee also notes the observations of CITUB indicating that the funds for the remuneration of labour inspectors increased in 2017. The CITUB indicates that labour inspectors work under high stress, especially in the investigation of heavy labour accidents and this should be compensated by a higher remuneration. The Committee requests the Government to continue to provide information on the number of labour inspectors and to indicate their salary scales and career prospects, compared with public servants who carry out similar functions within other government services, such as tax inspectors and the police. With reference to its comment under the Forced Labour Convention, 1930 (No. 29), the Committee requests the Government to provide information on the training delivered to officials of the GLIEA to strengthen their capacities to better identify victims of trafficking for forced labour and gather evidence for the prosecution of the perpetrators.

Article 12(2). Notification of the presence of inspectors unless such notification may be prejudicial to the performance of inspection duties. The Committee notes the Government’s indication that, according to section 26(1) of the Administrative Procedural Code, the procedural requirements for the issuance of an individual administrative act foresee that the controlling authorities (including labour inspectors) should inform the employer of the fact that a procedure is initiated. The Government also indicates that, at the end of 2012, an inspection procedure was developed and implemented at the GLIEA, which relate to legislative requirements and long-standing inspection practices of the Agency. It establishes that upon initiation of the inspection, the inspectors shall provide their identification card to the employer or his representative and announce the objectives of the inspection. The Government indicates that inspectors are given the opportunity to decide when to inform the employer. The Committee recalls that Article 12(2) of the Convention provides that labour inspectors shall have the right to decide not to inform the employer or their representatives of their presence on the occasion of an inspection visit when they consider that such a notification may be prejudicial to the performance of their duties. The Committee requests the Government to take the necessary measures in order to give effect to this provision of the Convention.

Article 18. Adequate penalties. The Government indicates that, at the end of 2020, an amendment of the Labour Code lowered the minimum and maximum amounts of sanctions provided in section 413(3) of the Labour Code in the event of a repeated violation related to the obligations to ensure health and safety at work. The Government indicates that this reduction ensures that these sanctions are comparable to the amount set for repeated violation in other provisions of the Labour Code. It also notes that, through this amendment, some other sanctions were increased, such as those which concern systemic violations on the use of undeclared labour, as well as for non-payment of wages or benefits. The Committee notes that according to the 2021 report of the GLIEA, 8,641 penalties for violations were handed down in 2021, for a total amount of 10,531,810 Bulgarian lev (BGN) (approximately US$5,200,000). The Committee requests the Government to indicate whether the revised amounts act as sufficient deterrent to ensure the effective application of the relevant legal provisions. The Committee also requests the Government to continue to provide detailed information on the number of violations of the legal provisions enforceable by labour inspectors and the amount of penalties imposed.

Article 21. Content of annual inspection reports. The Committee notes that the annual reports of the GLIEA are available on the website of the Agency and that the 2021 GLIEA report was sent to the Office with the Government’s report. The Committee also notes that the GLIEA reports contain information on the number of inspectors, the number of inspection visits and statistics on violations and penalties imposed. The Committee requests the Government to take the necessary measures to ensure that the annual labour inspection reports contain information on each of the matters dealt with in Article 21 of the Convention, in particular the statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)), and statistics on occupational accidents and diseases (Article 21(f) and (g)).