Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Labour Inspection Convention, 1947 (No. 81) - Bahrain (Ratification: 1981)

Other comments on C081

Observation

Direct Request

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Article 1, 2 and 4 of the Convention. Reorganization of the labour inspection services. The Committee notes the information provided by the Government concerning the organizational chart of the new Labour Inspection Department, which contains the structure of the labour inspection services at the central and regional levels. The Committee takes note of this information, which addresses its previous request.

Articles 3(1) and 14. Enforcement of legal provisions concerning occupational safety and health. Notification of industrial accidents and cases of occupational disease. The Committee notes that sections 5 to 10 of Ministerial Order No. 12 of 2013 concerning the Notification Procedures on Occupational Accidents and Diseases regulate the procedure for the notification of occupational diseases. However, the Committee notes that the annual labour inspection reports do not contain information on the number of occupational diseases notified to labour inspectors. The Committee also notes that, according to the 2021 labour inspection report, there has been an increase in the number of occupational fatalities in the year 2021 (21 compared to 12 in 2020 and 16 in 2019), of which 15 occurred in the construction sector. This sector also reports the highest number of accidents compared with other sectors (out of 250 accidents, 94 were reported in the construction sector in 2021). The Committee requests the Government to provide information on the practical application of the procedure for the notification of occupational diseases foreseen in Ministerial Order No. 12 of 2013, including statistical information on the number and nature of occupational diseases.The Committee also requests the Government to provide information on the measures taken in order to ensure the monitoring and enforcement of occupational health and safety provisions in the construction sector, including any preventive activities undertaken by labour inspectors.

Article 7(3). Training of labour inspectors. The Committee notes the information provided by the Government regarding the training programmes for labour inspectors which provide for the development of basic skills (including subjects like the art of negotiation and persuasion, solving problems, etc) and specialist sessions on labour law. However, the Committee notes that the Government does not provide information on training that relates to responding to complaints from domestic workers or other workers in non-traditional workplaces and to addressing the identification of gender discrimination. Noting its comment under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee reiterates its request that the Government provide specific information on training related to (i) responding to complaints from domestic workers or other workers in non-traditional workplaces and (ii) addressing the identification of gender discrimination.

Article 13(2)(b) and 3. Preventive functions of labour inspectors. The Committee notes the Government’s indication that labour inspectors have the authority to decide to suspend work in places where there is an imminent danger to the safety of workers, by the administrative means established in the Ministry of Labour and Social Development. The Government also indicates that a worker has the right to withdraw from the workplace if he believes for a reasonable cause that he is likely to be exposed to an imminent danger that constitutes an immediate threat to his life or health, provided he shall immediately notify the employer or whoever acts on the employer’s behalf with respect to such action. However, the Committee observes that only two suspension measures were taken in 2017 and that no information about suspension measures is provided in the subsequent annual labour inspection reports. The Committee notes that section 174 (b) of the Labour Law in the Private Sector (No. 36 of 2012) is still in force. According to this provision the Ministry of Industry, Commerce and Tourism, on the basis of the reports drawn up by labour inspectors, is responsible for ordering measures with immediate executory force in the case of imminent danger to the safety or health of workers. The Committee requests the Government to provide information on the measures taken in order to ensure that labour inspectors are empowered to take steps with a view to remedying defects observed in plant, layout, or working methods which they have reasonable cause to believe constitute a threat to the health or safety of the workers, in accordance with Article 13(2)(b) of the Convention. The Committee also requests the Government to provide more information on the administrative means established by the Ministry of Labour and Social Development which would allow labour inspectors to suspend work in places where there is an imminent danger to the safety of workers. In addition, it requests the Government to provide statistics on measures with immediate executory force adopted by labour inspectors.

Article 15. Obligations of inspectors. The Committee notes the information provided by the Government that an inspection visit made in response to a complaint is conducted in absolute confidentiality and that this is ensured by including the visit due to a complaint on the list of regular inspection visits. The Government indicates that during the inspection, labour inspectors examine all documents relating to the complaint, without disclosing the cause of it, in order to confirm the veracity of the complaint. The Committee takes note of this information, which addresses its previous request.

Articles 20 and 21. Publication and content of annual inspection reports. The Committee notes that the labour inspection reports for the years 2019 to 2021 were sent by the Government with its report. The Committee also notes that these reports contain information on the labour inspection staff (Article 21(b)), statistics of inspection visits (Article 21(d)), violations (Article 21(e)) and industrial accidents (Article 21(f)). The Committee welcomes the detailed information provided in these reports but notes that they do not contain statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)), of penalties imposed (Article 21(e)) and of cases of occupational diseases (Article 21(g)). 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(a)–(g) of the Convention.