Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

With reference to its observation, the Committee requests the Government to provide information in its next report on the following matters.

Occupational safety and health in high-risk activities and work by children and young persons. Further to its previous comments on the substantial increase in the number of employment accidents between 2000 and 2001 and the need to strengthen inspection activities in establishments that are potentially at high risk, and particularly inspection activities of an educational nature, the Committee notes with interest that, according to the information provided by the Government, the campaigns of technical information and awareness raising on issues of health and safety have had a positive impact, particularly in construction enterprises, where there has been an increase in the structures responsible for safety and health and in accident prevention committees. According to the Government, the increase in the frequency of employment accidents in this sector can be explained by the important rise in the number of enterprises due to the reconstruction of the country’s infrastructure. While noting with interest the information on training activities in the fields of occupational safety, health and hygiene undertaken by the general labour inspectorate for members of employment accident prevention committees, as well as workers, the Committee nevertheless notes the persistence of a trend for an increase in employment accidents between 2001 (1,759) and 2004 (2,238), and a drastic fall in the number of so-called “technical” inspections between 2003 (419) and 2005 (93). Furthermore, statistics on activities for the provision of technical information show a net decrease between 2004 (3,605) and 2005 (2,879).

According to the annual inspection report for 2005, the decline in the statistics on work by minors can be explained by the high unemployment rate, as well as the fact that most minors are engaged in the informal economy. The Committee nevertheless notes that the employment accident statistics by branch of activity and age group for the period 2000-04 refer to victims aged between 14 and 18 years.

The Committee expresses the firm hope that the improvement in the material conditions of the labour inspectorate, particularly means of transport, will facilitate an intensification of inspections and that this will result in a rapid reversal of these trends. It also trusts that the Government will not fail to take measures to ensure the implementation of proactive inspection activities with a view to developing a culture of risk prevention. It requests the Government to provide information in its next report on any progress achieved in this respect and to ensure that labour inspectors intensify their inspection activities relating to child labour in all establishments and activities liable to inspection.

Articles 3, paragraph 1(b), 17 and 18 of the Convention. The need for balance between educational inspection functions and enforcement functions. In the view of the central inspection authority, as expressed in the annual inspection reports for 2004 and 2005, while it is important for the labour inspectorate to play an educational role, it also has to discharge a supervisory function through the use of dissuasive repressive and coercive powers so as to impose its authority and respect for the public service. The annual report for 2004 refers to the lack of rigour in local offices in their relations with employers which are in violation of legal provisions and expresses the concern of the central inspection authority with regard to the manner in which public opinion might interpret such laxity by inspectors in relation to the principles of independence and professional conduct which should govern the profession. In paragraph 280 of its 2005 General Survey on labour inspection, the Committee emphasizes that the credibility of any inspectorate depends to a large extent on its ability to advise employers and workers on the most effective means of complying with the legal provisions within its remit; however, it also depends on the existence and implementation of a sufficiently dissuasive enforcement mechanism. Drawing the Government’s attention to the value of giving appropriate publicity to enterprises based on their good practices or the legal proceedings and sanctions imposed upon them, with a view to reinforcing the credibility of the inspectorate, the Committee requests the Government to take measures to secure for the central inspection authority, in law and practice, the necessary means for the supervision and inspection of the activities under its responsibility and to keep the ILO informed. It would be grateful if the Government would also indicate whether it is envisaged giving appropriate publicity to the activities of the inspectorate with a view to reinforcing the authority and credibility of the labour inspectorate.

Article 5(a). Cooperation between the inspection services and other government services. According to the Government, brigades combining several services, such as labour inspection, the tax authorities, social insurance, the services for migrants and foreign nationals, have been established with a view to undertaking joint inspections. The Committee would be grateful if the Government would provide information on the manner in which these types of operations are conducted and their results in relation to employers committing infringements, with an indication of the manner in which protection is afforded in this context to the social rights of illegal workers as derived from the implementation of their informal labour contracts (payment of wages, social insurance registration, entitlement to leave, etc.).

Article 5(b). Collaboration between inspection officials and employers and workers. The Committee requests the Government to indicate whether Executive Decree No. 21 of 30 April 1998 on the participation of workers in the accident prevention programme in workplaces is still in force. If so, please provide information on its application in practice.

Article 6. Conditions of service of labour inspectors. Further to its previous comments on the need to guarantee labour inspectors remuneration and career prospects which take into account the complexity of the functions they are called upon to discharge, the Committee notes that, according to the Government, labour inspectors, in the same way as inspectors and controllers in other services of the state administration, are governed by a special technical career status and that their salaries are in general equal to those of other officials in the public administration, with a 20 per cent supplement by reason of various subsidies relating to exclusivity, risks, clothing, etc. The pay scale of inspectors is however between the values of US$148 and US$1,242 and, according to the conclusions of the report of the second methodological meeting of the heads of provincial labour inspection departments (4-5 May 2005), the suggestion was made to open a public competition with a view to promoting inspectors who are currently in service. The Committee would be grateful if the Government would indicate the reasons why there is such a wide gap in the pay scale of labour inspectors and if it would keep the ILO informed of any measure adopted or envisaged to secure for all inspection staff a status and conditions of service such that they are assured of stability of employment and are independent of any improper external influences.

Article 14. Notification to the labour inspectorate of industrial accidents and cases of occupational disease. Further to its previous comments, the Committee notes that, according to the Government, the procedure for the notification of industrial accidents and cases of occupational disease is governed by Decree No. 31/94 and by Executive Decrees Nos. 6/96 and 21/98. These texts designate as the recipients of notifications “the competent authorities”, without further specification. They do not contain a description of the notification procedure. Under the terms of section 11(7) of Decree No. 53 of 15 August 2005, issuing legal provisions respecting industrial accidents and occupational diseases, workers who are victims of an industrial accident or an occupational disease, who are not covered by insurance, or the members of their family, have to notify the labour inspectorate of the accident or occupational disease within eight days of its date or the date on which they became aware of it. The Committee would be grateful if the Government would indicate the cases and the manner in which the labour inspectorate is informed of industrial accidents and cases of occupational disease and provide a copy of any relevant text or notification form.

Annual inspection report. The Committee notes with interest that efforts continue to be made to identify establishments liable to inspection and the workers engaged therein, and to collect and consolidate statistics of occupational diseases. Reminding the Government of the possibility of seeking technical assistance from the ILO so as to establish the conditions for the formulation of an annual report, its publication and communication to the ILO, in accordance with Article 26, and for the inclusion in such a report of the information required by Article 27, the Committee requests the Government to provide information on the measures adopted or envisaged for this purpose.