Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

With reference also to its observation under the Convention, the Committee requests the Government to provide additional information on the following points.

Article 3 of the Convention. The Committee notes that, under section 112 of the Act of 2 July 1998, labour inspectors have the opportunity to discharge the duties of vocational training inspectors. It would be grateful if the Government would provide information on the exact role played by labour inspectors in relation to vocational training and if it would indicate whether they discharge this function in addition to their usual duties. If this is the case, the Government is requested to indicate the manner in which it is ensured that these further duties do not interfere with the effective discharge by labour inspectors of their primary duties, as set out in paragraph 1 of this Article.

Article 5. The Committee notes the confirmation, in reply to the observations made by the trade union organizations FO and CFDT, that the National Council of the Labour Inspectorate has not been activated, despite the appointment of its members in March 1993. The Committee would be grateful if the Government would indicate the reasons which have prevented the initiation and operation of the above Council, within which the collaboration envisaged in point (b) of this Article could take place between officials of the labour inspectorate and employers and workers or their organizations, and if it would provide information on the measures which may have been taken or are envisaged to resolve the matter.

Article 7. The Committee notes with interest the organization of an open competition for candidates from enterprises and occupational or trade union organizations for the exceptional recruitment of 15 labour inspectors, and the information concerning the initial and further training provided by the National Institute for Labour, Employment and Occupational Training (INTEFP) for labour inspectors. It would be grateful if the Government would provide information on the outcome of the competition and the assignment of the successful applicants by geographical area and specialization.

Article 8. The Committee notes that the texts respecting the organization of the labour inspection system apply without distinction to all labour inspectors. The Committee nevertheless requests the Government to indicate whether, as envisaged by this Article, special duties are assigned to men and women inspectors. If so, please provide information on the manner in which effect is given to this provision.

Article 9. With reference to the information provided on several occasions by the Government concerning the possibility for labour inspectors to require employers to call upon institutions approved by the Ministry of Labour for the discharge of technical supervision in fields in which they are not qualified, the Committee would be grateful if the Government would provide examples of the application of such measures in practice. It requests the Government to provide information in particular on the financial aspect.

Article 10. The Committee notes that the number of sections of the inspectorate throughout the territory and overseas territories is determined by the density of employees. It would be grateful if the Government would indicate whether account is also taken of the other criteria enumerated in this Article, such as the various categories of workers, the material means placed at the disposal of the inspectors and the practical conditions under which visits of inspection must be carried out in order to be effective.

Article 13. The Committee notes that labour inspectors are empowered, in the event of serious and imminent danger for employees, to require the temporary stoppage of work in construction sites and public works, particularly in cases of non-compliance with the regulations respecting falls from heights and the risk of being buried. Since 1996, they have also been legally empowered to exercise this power in the absence of protective equipment in operations to isolate or remove asbestos. In other branches of activity, it is for the judges to issue provisional orders requiring measures to be taken to remove the risk, including the temporary closure of a workplace or work site. The Committee would be grateful if the Government would indicate the reasons for the different treatment of situations of grave danger to the safety of workers based on the sector in which they work.

Article 14. In reply to the observations of the CFDT expressing concern at the ineffectiveness and inadequacy of the procedures for the declaration and registration of employment accidents and occupational diseases, the Government indicates that a process of reflection is envisaged concerning the possibility of a procedure for the direct notification of the labour inspectorate, similar to the procedure existing in certain sectors. The Committee would be grateful if the Government would provide details on such procedures and the advantages which they offer, as well as the measures which have already been taken or are envisaged in relation to the concerns expressed by the CFDT.