Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report received on 25 September 2009 is identical to the one submitted in 2005. Consequently, the Committee is bound to reiterate its previous comments and requests which read as follows.

Article 7 of the Convention. Training of labour inspectors. The Committee hopes that the Government will continue to provide information on any new training activities for the purpose of improving inspectors’ skills and that it will also be able to report on the impact of retraining on the working and results of the labour inspection services.

Article 14. Notification to the labour inspectorate of cases of occupational disease. For many years the Committee has been drawing the  Government’s attention to the need to ensure that full effect is given to this Article of the Convention, specifically as regards occupational diseases. The Government states that there have been no changes in the law with regard to application of the Convention, but that in view of the crucial role of labour administration in administering and enforcing labour laws, the labour inspection legislation is to be reviewed in order to bring it more into line with the provisions of the Convention. The Committee draws the Government’s attention in this connection to its General Survey of 2006 on labour inspection (paragraph 118), in which it emphasized that it is vital, for preventive purposes, for formal mechanisms to be put in place to provide the labour inspection services with the data they need to identify high-risk activities and the most vulnerable categories of workers. The Government is therefore asked to take advantage of the planned legislative revision in order to adopt provisions that supplement the national legislation, in accordance with this Article of the Convention, by defining the instances and the manner in which the labour inspectorate must be informed not only of occupational accidents, but also of cases of occupational disease. The Committee would be grateful if the Government would keep the Office informed of any progress in this respect and provide copies of any draft provisions or any adopted texts, together with all relevant documents (administrative orders, circulars, declaration forms, etc.).

Article 15(b). Scope of the obligation on labour inspectors to maintain professional secrecy. The Committee trusts that the Government will also take advantage of the revision which it announced, to give effect to this provision, as it undertook to do, by ensuring that a provision is adopted to extend the scope of the obligation on labour inspectors to observe professional secrecy in order to ensure that they continue to be bound by this obligation after they have left the service.

Scope of the obligation on labour inspectors to maintain professional secrecy. The Committee trusts that the necessary measures will be taken without delay so as to give full effect to Article 15(b) of the Convention by extending the duty of labour inspectors to observe professional secrecy to the period following their departure from the service.

In addition, the Committee draws the Government’s attention to the following point.

Articles 3(1)(a) and (b) and 5(b). In its 2009 direct request relating to the application of the Safety Provisions (Building) Convention, 1937 (No. 62), the Committee has noted from the statistics communicated by the Government a high increase of fatal and serious workplace accidents caused by materials, substances and radiation, between 2007 and 2008 in the building and construction sector. The Committee notes with concern these trends which are an indication of a serious failure in the functioning of labour inspection. The Government is requested to take all the necessary financial and capacity-building measures without delay to ensure that the labour inspection services can exercise their legal enforcement powers against negligent employers in construction workplaces with regard to occupational safety and health and provide employers and workers with information and technical advice aimed at raising their awareness in this area. The Committee urges the Government to inform the Office of such measures and the progress achieved in terms of fatal and serious work accidents.

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