Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the changes made under the terms of the Labour Code of 1992 in the organization of the Labour Inspection Service. It notes with satisfaction that section 436 of the above Code gives effect to Article 13, paragraph 2(b), of the Convention.

1. The Committee also notes the measures adopted in recent years, to which the Government refers in its report. It notes in particular the establishment of the National Directorate of Inspection, as a result of which the hierarchical rank of the central inspection authority was raised (Article 4). It also notes the statistics attached to the report which indicate a substantial increase in the number of activities undertaken by inspectors. The Committee would be grateful if the Government would provide details on the inspections carried out by sector, with an indication of the data relating to industry and commerce.

2. The Committee also notes that measures were taken to improve the technical and administrative support services for labour inspection. It would be grateful if the Government would provide further information on the impact of these measures, as well as on any other measure adopted to promote cooperation between the inspection services and other government services and public or private institutions engaged in similar activities (Article 5(a)). The Committee also notes that the inspection service maintains close collaboration with employers and workers and their organizations in the fields of guidance, information and conciliation. The Committee would be grateful if the Government would provide details of this collaboration, as well as on health and safety in enterprises (Article 5(b)).

3. The Committee notes that section 422 of the Labour Code, by providing that labour inspectors may not be dismissed, except for serious and inexcusable misconduct, assures their stability of employment and independence of changes of government and of improper external influences (Article 6). It also notes that measures were adopted to improve the social status of labour inspectors and that a beginning has been made in extending the scope of Act No. 14/91 respecting the public service with a view to applying it to labour inspectors, among other categories of officials. The Committee would be grateful if the Government would provide information in this respect.

4. The Committee notes that the number of labour inspectors has increased substantially, rising from 155 in 1992 to 212 in 1994, and that 32, of whom 15 are women (Article 8), were recruited in 1994 following psychological and technical character tests and a competitive evaluation of their motivation for the work and their juridical skills. The Committee also notes that measures were adopted for the technical training of labour inspectors, thereby giving effect to Article 7. Nevertheless, the Government states in its report that the number of labour inspectors continues to be insufficient to ensure the full discharge of the service. The Committee trusts that the Government will continue to take the necessary measures to ensure that, in the near future, the number of labour inspectors is sufficient (Article 10) to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions (Article 16).

5. The Committee notes with satisfaction the provision contained in section 443 of the Labour Code, which provides that the Dominican Social Security Institute and the General Directorate of Industrial Health and Safety of the Secretariat of State for Labour have to notify the Labour Department of the industrial accidents and cases of occupational disease which come to their knowledge (Article 14). The Committee also wishes to recall that, although the notification of such accidents and diseases is not an objective in itself, but forms part of the more general objective of the prevention of employment injuries, its objective of permitting investigations to be carried out at the enterprises requires the rapid circulation of information between the enterprise, the above bodies and the National Directorate of Inspection. The Committee also notes the information provided by the Government that it requested the technical cooperation of the ILO to determine and classify occupational diseases, as well as to develop new industrial health and safety regulations. The Committee hopes that the government will inform it of the progress achieved in the adoption of a definition and classification of occupational diseases.

6. The Committee notes that, with the technical assistance of the ILO, which facilitated the structuring and computerization of basic administrative functions, reports on each activity performed by inspectors are included in the monthly summaries of each Local Labour Representation, in accordance with Article 19.

7. Articles 20 and 21. The Committee notes the statistical tables for 1994 attached to the Government's report. It notes that they do not contain data on the staff of the labour inspection service, the workplaces liable to inspection, industrial accidents (which are recorded separately) and occupational diseases, as required by section 443 of the Labour Code, which gives effect in law to paragraphs (b), (c) (with regard to workplaces liable to inspection), (d), (e), (f) and (g), of Article 21. They do not contain (this is not required by the law), information on the laws and regulations relevant to the work of the inspection services (paragraph (a)) nor data on the number of workers employed in the workplaces liable to inspection (paragraph (c)). The Committee trusts that the Government will take the necessary measures to ensure, not only in law, but also in practice, the application of these Articles of the Convention. It recalls that annual inspection reports have to be published (and not only prepared for the internal use of the administration) and transmitted to the ILO, which makes it possible for the Committee to undertake an evaluation of the effectiveness of the inspection system.

The Committee is raising other matters in a request addressed directly to the Government.