Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

In its previous comments the Committee noted that the Governing Body had adopted the report of the Committee set up to examine the representation made under article 24 of the Constitution by a number of trade union organizations which alleged non-observance of several Conventions, including Convention No. 81, in connection with the high number of accidents in the construction sector. The above Committee concluded that, in practice, the application of the Convention was not ensured and recommended that the Government take the necessary steps to ensure observance of the existing safety and health standards, strengthen the labour inspection system and enforce sanctions.

The Committee notes the information supplied by the Government in its report, much of which concerns inspection in the construction sector. It also notes the conclusions and recommendations in the report, approved by the Governing Body at its 270th Session (November 1997), of the Committee set up to examine a representation submitted under article 24 of the Constitution alleging non-observance of the Occupational Safety and Health Convention, 1981 (No. 115). The Committee notes that, both in its report and in the course of the article 24 procedure, the Government gives a detailed account of the measures taken regarding legislation, and the organization, training and operation of the labour inspectorate.

1. Measures in the construction sector: Legislative measures

The Committee notes the adoption of several new occupational health and safety standards for the construction sector, which involve the Labour Inspectorate. It notes Decree No. 283/996 of 10 July and the Ministerial Decision of 12 August 1996 laying down the obligation to submit safety and health studies and a safety and health plan to the General Labour and Social Security Inspectorate (IGTSS) before a work site is opened and at every stage of the work.

Emergency Plan

The Committee notes the Emergency Plan for safety in the construction industry which was designed and developed by the IGTSS as part of the Annual Inspection Plan in response to the increase in the number of accidents in the construction industry. The Plan for the construction sector was adopted in February 1996 and its purpose was to reduce the accident rate through inspection and preventive measures. The components of the Plan were: the programme to provide the IGTSS with human and material resources, the programme for cooperation with other institutions involved in the construction sector, the programme for the inspection of occupational safety and health conditions in construction, the programme for safety training of the inspectorate, the programme of information on risks in construction and the safety measures to be taken. The programmes have achieved the following results:

As a result of the programme to provide the IGTSS with human and material resources, the number of inspectors specialized in occupational safety and health has increased and now stands at 28; administrative and technical staff have been made available, vehicles and other suitable means such as the gradual computerization of data processing have been placed at the disposal of the inspectors (Articles 10 and 11 of the Convention).

The cooperation programme was organized to ensure participation by all the persons involved in the construction sector in health and safety matters: cooperation agreements have been concluded with financial assistance and participation of the ILO amongst others (Article 5); Decree No. 83/96 has established the National Occupational Health and Safety Council.

The training programme, which includes the staff of the IGTSS, has made it possible to offer training courses to newly appointed young inspectors and experienced inspectors, with financial participation and assistance by the ILO (Article 7).

The programme for the inspection of occupational health and safety conditions was designed to reduce the accident rate by detecting, evaluating and remedying risks within a specified time-limit or by preventive closure. Inspection visits were planned according to the size of the works, the extent of the risk, the number of persons employed and the complaints submitted. The Committee notes the information on the first results of this programme:

-- With regard to the number of inspection visits, the Committee notes with interest that they increased by 80 per cent in 1996 over 1994 and by 23 per cent over 1995; that 3,688 inspections were carried out between September 1996 and May 1997, covering 60 per cent of workers in this sector; that during this period the total or partial closure of 142 enterprises was decided. It also notes with interest from the statistics supplied with the Government's report that 4,241 inspections were programmed in 1995 and 21,726 in 1996, which represents an increase of 92.44 per cent, the percentage being slightly lower in the first quarter of 1997 (82.6 per cent), whereas inspections following a complaint decreased from 12,548 to 1,755, amounting to 7.56 per cent of inspection visits.

-- With regard to the number of occupational accidents in the construction sector, the Committee notes that their number has dropped as compared to previous years and as compared to other sectors, but that it is nonetheless high.

The Committee therefore hopes that the Government will pursue its efforts to strengthen the capacity of the labour inspectorate, in the construction sector as well as other sectors so that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions and asks the Government to provide information on progress in this area (Articles 3, 10 and 16).

2. Legal proceedings and sanctions

The Committee notes that the national legislation establishes sanctions for breaches of the laws and regulations and of international conventions (Act No. 15.903 of 10 November 1987, section 289 as amended by Act No. 16736 of 5 February 1996; Decree No. 89/995 of 21 February 1995, section 263). It notes the summary statistics of sanctions applied from 1995 to May 1997. It asks the Government to provide more detailed information on the measures taken by labour inspectors pursuant to Articles 17 and 18 of the Convention.

3. Inspection in the informal sector

The Committee notes the Government's statement in its report that inspection is difficult in the informal sectors and that consultations with the social partners are under way. The Committee asks the Government to provide information on any developments in this area and on the results of these consultations.

4. Notification of occupational accidents and diseases

The Committee is addressing a direct request to the Government concerning the notification of occupational accidents and diseases to the labour inspectorate and their publication in the annual inspection report, in accordance with Articles 14, 20 and 21 of the Convention.