National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Previous comment
Repetition Legislation. The Committee notes that, according to the Government, the National Occupational Safety and Health (NOSH) Bill was submitted to the Cabinet in November 2010 and that it has not yet been adopted. The Committee requests the Government to continue to provide information on legislative developments and to submit a copy of the NOSH Bill once it has been adopted. Article 3(2) of the Convention. Government’s additional duties entrusted to labour inspectors. The Committee notes the information that a labour inspection manual was designed to facilitate and ensure a more effective implementation of an integrated approach to inspection, and that it has not yet been adopted. It also notes that, according to the Government, officials abide by its basic tenet of using a combination of advisory and supervisory measures to ensure compliance as well as the set procedures to ensure successful first and follow-up inspections. The Government also indicates that human resources are rather limited and that conducting inspections is one of many other responsibilities of officials. The Committee reminds the Government of the primary functions of labour inspectors under Article 3(1) of the Convention (enforcement of the legal provisions relating to conditions of work and the protection of workers and advice to employers and workers) and of the guidelines in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee requests the Government to specify all the functions carried out by the officials entrusted with labour inspection functions. The Committee asks the Government to provide information on the time and resources spent on conciliation in relation to the primary duties as defined in Article 3(1) of the Convention. It hopes that the Government will take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, any duties which may be entrusted to labour inspectors in addition to their primary functions shall not be such as to interfere with the effective discharge of these latter or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. It requests the Government to provide full information in its next report on the measures which have been taken or are envisaged in this respect. Articles 6, 10, 11 and 16. Resources and structure of the labour inspection system. The Committee notes the information that there are currently 14 labour officers and six employment officers, all vested with the authority to conduct labour inspections. It also notes that, according to the Government, the number of inspections increased between 2010 and 2011, and the number of inspection visits decreased from 797 to 719; furthermore, the number of inspections conducted throughout the country is limited compared to the total number of active businesses registered. The Government also indicates that the plan of dividing the Labour Department into units was not feasible and that the new plan is to divide the country into four administrative regions: Northern, Western, Southern and Central. According to the Government, the senior labour officers would head the first three regions and the Deputy Labour Commissioner would be in charge of the central region. The Committee requests the Government to continue providing information on the division of the country into administrative regions and on its impact on the labour inspection system. It also asks the Government to provide further information on the various structures of the labour inspection system and their functional relationship with the Ministry of Labour; and on the status and conditions of service of labour inspectors in comparison to public officials performing similar functions, such as tax inspectors. Article 7(3). Training of labour inspectors. The Committee notes that, according to the Government, labour officers receive training in different areas, such as HIV/AIDS, anti-trafficking in persons, OSH, labour administration and inspection and public employment service. The Committee asks the Government to continue providing information on the training provided to inspection staff (e.g. frequency, duration and content) and on its impact on inspection activities. Articles 13 and 14. Powers of injunction in relation to occupational safety and health and notification of industrial accidents. The Committee notes that, according to the Government, until the NOSH Bill is enacted, labour officers have limited recourse if they find themselves in a situation whereby the health and safety of workers and others is in imminent danger. It also notes the information that all employers are aware that they must have internal mechanisms in place ensuring the reporting of industrial accidents to the Labour Department and that collaboration continues with the Social Security Board. The Committee requests the Government to provide information on the effect given in practice to Article 13(2) and Article 14 of the Convention inasmuch as the NOSH Bill is still awaiting its adoption. Please also provide more detailed information on the manner in which the Social Security Board collaborates with the Labour Department. Articles 20 and 21. Annual inspection report. The Committee notes that the Government has not submitted an annual report on the work of the labour inspection services since 1990. The Committee once again requests the Government to take the necessary measures to ensure that annual reports are published and transmitted to the Office, within the time limits set out in Article 20 of the Convention, and that they include information on all the subjects covered by Article 21 (a)–(g), needed to assess the level of application of the Convention, and to indicate any difficulties encountered in this respect. It also reminds the Government that it may seek technical assistance from the Office if it so wishes.
Repetition Legislation. The Committee notes that, according to the Government, the National Occupational Safety and Health (NOSH) Bill was submitted to the Cabinet in November 2010 and that it has not yet been adopted. The Committee requests the Government to continue to provide information on legislative developments and to submit a copy of the NOSH Bill once it has been adopted.Article 3(2) of the Convention. Government’s additional duties entrusted to labour inspectors. The Committee notes the information that a labour inspection manual was designed to facilitate and ensure a more effective implementation of an integrated approach to inspection, and that it has not yet been adopted. It also notes that, according to the Government, officials abide by its basic tenet of using a combination of advisory and supervisory measures to ensure compliance as well as the set procedures to ensure successful first and follow-up inspections. The Government also indicates that human resources are rather limited and that conducting inspections is one of many other responsibilities of officials. The Committee reminds the Government of the primary functions of labour inspectors under Article 3(1) of the Convention (enforcement of the legal provisions relating to conditions of work and the protection of workers and advice to employers and workers) and of the guidelines in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee requests the Government to specify all the functions carried out by the officials entrusted with labour inspection functions. The Committee asks the Government to provide information on the time and resources spent on conciliation in relation to the primary duties as defined in Article 3(1) of the Convention. It hopes that the Government will take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, any duties which may be entrusted to labour inspectors in addition to their primary functions shall not be such as to interfere with the effective discharge of these latter or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. It requests the Government to provide full information in its next report on the measures which have been taken or are envisaged in this respect.Articles 6, 10, 11 and 16. Resources and structure of the labour inspection system. The Committee notes the information that there are currently 14 labour officers and six employment officers, all vested with the authority to conduct labour inspections. It also notes that, according to the Government, the number of inspections increased between 2010 and 2011, and the number of inspection visits decreased from 797 to 719; furthermore, the number of inspections conducted throughout the country is limited compared to the total number of active businesses registered. The Government also indicates that the plan of dividing the Labour Department into units was not feasible and that the new plan is to divide the country into four administrative regions: Northern, Western, Southern and Central. According to the Government, the senior labour officers would head the first three regions and the Deputy Labour Commissioner would be in charge of the central region. The Committee requests the Government to continue providing information on the division of the country into administrative regions and on its impact on the labour inspection system. It also asks the Government to provide further information on the various structures of the labour inspection system and their functional relationship with the Ministry of Labour; and on the status and conditions of service of labour inspectors in comparison to public officials performing similar functions, such as tax inspectors.Article 7(3). Training of labour inspectors. The Committee notes that, according to the Government, labour officers receive training in different areas, such as HIV/AIDS, anti-trafficking in persons, OSH, labour administration and inspection and public employment service. The Committee asks the Government to continue providing information on the training provided to inspection staff (e.g. frequency, duration and content) and on its impact on inspection activities.Articles 13 and 14. Powers of injunction in relation to occupational safety and health and notification of industrial accidents. The Committee notes that, according to the Government, until the NOSH Bill is enacted, labour officers have limited recourse if they find themselves in a situation whereby the health and safety of workers and others is in imminent danger. It also notes the information that all employers are aware that they must have internal mechanisms in place ensuring the reporting of industrial accidents to the Labour Department and that collaboration continues with the Social Security Board. The Committee requests the Government to provide information on the effect given in practice to Article 13(2) and Article 14 of the Convention inasmuch as the NOSH Bill is still awaiting its adoption. Please also provide more detailed information on the manner in which the Social Security Board collaborates with the Labour Department.Articles 20 and 21. Annual inspection report. The Committee notes that the Government has not submitted an annual report on the work of the labour inspection services since 1990. The Committee once again requests the Government to take the necessary measures to ensure that annual reports are published and transmitted to the Office, within the time limits set out in Article 20 of the Convention, and that they include information on all the subjects covered by Article 21 (a)–(g), needed to assess the level of application of the Convention, and to indicate any difficulties encountered in this respect. It also reminds the Government that it may seek technical assistance from the Office if it so wishes.
Article 3 of the Convention. Preventive activities in occupational health and safety. In reply to the concerns voiced by the Committee with regard to the increasing number of occupational accidents in recent years, the Government indicates that any labour officer who identifies risks to safety and health during inspections, educate the employer and workers on occupational safety and health standards, make recommendations with a view to eliminating the risks and arrange a follow-up visit to check that these have been implemented. The Government also points out that the Labour Department organizes training at local level in occupational safety and health in which employers are invited to participate. The Committee notes with interest that personal protection equipment (headgear, goggles, masks, heavy-duty footwear, etc.) have been supplied to labour inspectors to ensure their safety during inspection visits, at the same time demonstrating the usefulness of such equipment to employers and workers. The Committee hopes that the Government will continue its preventive activities and trusts that the legislative and regulatory measures, due to be adopted in the near future, will allow for the effective prevention of occupational risks.
Articles 6, 10 and 16. Conditions of service of labour inspectors. Number of labour inspectors and inspection visits. The Committee notes with interest the recruitment of seven labour officers in June 2007, thus increasing their total number to 16 (including six women). It also notes with interest the proposals to increase pay levels for these officials and to reform the structure of the Labour Department by creating three separate units, one of which would have specific responsibility for labour and inspection services.
The Committee also notes the explanations provided by the Government with regard to the significant reduction of inspection visits in 2005 (owing to retirement and training leave) and notes that in 2006 the number of inspection visits returned to its previous average (232). It encourages the Government to continue its work in human resources planning with a view to replacing officials who retire, so that workplaces can be inspected as often and as thoroughly as it necessary to ensure the effective application of the legal provisions relating to conditions of work and the protection of workers. In this regard, the Committee emphasizes the need for data, such as the number and geographical distribution of workplaces liable to inspection, to evaluate the scope of inspection in relation to needs (Article 10(a)(i)), and requests the Government to take the necessary steps to supply these data to the ILO.
The Committee requests the Government to continue to supply as detailed information as possible on the work of labour officers and to keep the Office informed of the progress of the measures envisaged regarding their pay level as well as the restructuring of the Labour Department. The Government is requested to give details, when the new structure is approved, of the staff appointed to the new Labour Services and Inspectorate Unit, stating the number and grade of officials who will be responsible for inspection within the meaning of Article 3 of the Convention, i.e. enforcement of the legal provisions relating to conditions of work and the protection of workers, provision of technical information and advice, and contributing to improvements in these areas of labour legislation.
Article 7, paragraph 3. Training of labour inspectors. The Committee notes the detailed information provided by the Government on training seminars followed by labour officers. It notes that the staff appointed in June 2007 received training from the labour commissioner and his deputy, and that this training was supplemented by visits to workplaces. The Committee encourages the Government to continue taking measures to provide adequate training for labour officers in charge of labour inspections and requests the Government to keep the Office informed of further developments.
Article 13. Powers of injunction of labour inspectors with regard to occupational health and safety. The Committee notes that, under section 152(1) of the Labour Act (Chapter 297), the labour commissioner or a health officer may require the employer in writing to remedy, within a reasonable time limit, the defects observed in plant or working methods which constitute a threat to the safety and health of workers. In addition, under section 108(1)(f) of the Mines and Minerals Act (Chapter 226), mining inspectors and authorized officials may order in writing the cessation of work or the stoppage of machinery or equipment considered dangerous. However, the Committee notes that contrary to the requirements of Article 13, paragraph 2(b), labour officers do not have such powers and are not authorized to make or to have orders made requiring measures with immediate executory force in the event of imminent danger to the health or safety of workers. The Committee therefore requests the Government to take the necessary measures to give effect in law and practice to this provision of the Convention, both in industrial and commercial workplaces liable to inspection.
Article 14. Notification of industrial accidents. In reply to the Committee’s request, the Government points out that industrial accidents are notified to labour officers either during inspection visits or through complaints sent to the Labour Department. With reference to paragraphs 118–132 of its General Survey of 2006 on labour inspection which emphasize the preventive role of labour inspectors, the Committee recalls that it is essential that a systematic information mechanism concerning industrial accidents and occupational diseases is established so that the labour inspectorate can have the necessary data to identify high-risk activities and the most vulnerable categories of workers and, consequently, to determine priority actions in this area. Noting a new increase in the number of accidents reported in 2006, according to statistics supplied by the Social Security Board, the Committee requests the Government to ensure that legislative or regulatory measures are taken to define in which cases and in what manner the labour inspectorate will be informed of industrial accidents and cases of occupational disease. It trusts that the forthcoming adoption of the Act on occupational safety and health will enable the establishment, in coordination with the other bodies concerned, such as the Social Security Board, and with the cooperation of the social partners, of an effective system for the notification of industrial accidents and cases of occupational disease to the Labour Department and requests the Government to keep the Office informed of progress made in this regard.
Articles 20 and 21. Annual inspection report. The Committee notes that, according to the Government, the annual activity reports for 2003 and 2004, which are at the draft stage, must first be submitted to Parliament before being communicated to the ILO. It trusts that the Government will ensure that the central authority fulfils its obligations of publication and communication under Article 20 of the Convention in the near future and that these reports will contain the information set forth in Article 21, clauses (a)–(g).
Labour inspection and child labour. Noting that officials of the Labour Department recently followed training courses relating to child labour, the Committee requests the Government to supply all available information on inspection activities in this area and their results.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes the Government’s report received in November 2005, and also the statistics tables relating to cases of occupational diseases and accidents, by economic sector, for the 2001–03 period.
1. Articles 6, 10 and 16 of the Convention. Labour inspection staff, status and conditions of service and coverage of needs. The Committee notes that, following a significant drop in 2001, the number of visits rose in 2003 (327), but dropped again in 2004 (202). The Committee notes that, at the same time, there was a reduction in the number of labour inspection staff due to the resignation of three staff members. In reference to paragraphs 209 and 216 of its General Survey of 2006 on labour inspection, the Committee cannot emphasize enough how important and necessary it is to guarantee inspection staff a level of remuneration and career prospects such as can attract quality staff and retain them in the labour inspectorate. The Committee would be grateful if the Government would indicate whether the resignation of the three inspectors is connected with unsatisfactory conditions of service and remuneration, and if it would keep the ILO informed of any measures taken or envisaged to give effect, in practice, to Articles 6, 10 and 16 of the Convention and also of any difficulties encountered.
2. Article 7, paragraph 3. Training of labour inspectors. The Committee notes with interest the list of training activities undertaken by certain labour inspectors, particularly within the context of workshops and meetings organized by the ILO. The Committee would be grateful if the Government would continue communicating information on the content and the duration of the training activities undertaken by labour inspectors following their entry into service and on the impact of these activities in terms of the effectiveness of the labour inspection system.
3. Occupational health and safety. In response to the Committee’s comments on the priority that should be given to occupational health and safety matters and on the urgency of taking measures in this respect, the Government indicates that a draft law was drawn up in 2003 and that a national policy has been defined at the initiative of the Regional Centre for Occupational Health and Safety. In November 2004, the health and safety policy was approved by the Council of Ministers and the draft law, which has been the subject of consultation with the social partners, is currently being examined by the Minister for Justice. The Committee would be grateful if the Government would inform the ILO of any new developments in respect of the legislative process and the implementation of the policy adopted in the fields covered, and if it would communicate copies of any relevant texts.
4. Articles 3 and 14, Specific inspection activities. The Committee notes with concern, once again, that according to the statistics communicated by the Government, there has been an increase in the number of occupational accidents, in particular in relation to the use of cutting and piercing machinery and apparatus. The Committee asks the Government to describe the mechanism used to notify labour inspectors of occupational accidents. It would be grateful if the Government would take prompt measures to increase inspection visits to high-risk workplaces and to ensure that these visits are an opportunity for inspectors to provide employers and workers with information and technical advice of a preventive nature. The Government is asked to provide information on the implementation of such measures and on the results achieved.
5. Article 13. Powers of labour inspectors to issue orders in respect of occupational safety and health. The Committee notes that, pursuant to section 152, paragraph 1, of the Labour Act (Cap. 297), the head of the Labour Department or a health inspector may require the employer to remedy, within a specified time limit, the defects observed in plant or working methods which constitute a threat to the health and safety of workers. The Committee would be grateful if the Government would describe the procedure followed. It also asks the Government to indicate whether labour inspectors may, in all the workplaces liable to labour inspection, as in the mining establishments under section 8, paragraph 3, of the Mines and Minerals Act (Cap. 40), make orders requiring measures with immediate executory force in order to eliminate an imminent threat to health or safety. Please communicate, where appropriate, copies of any relevant texts. If this is not the case, please take prompt measures to give effect, in law and practice, to Article 13, paragraph 2(b), of the Convention and to keep the ILO duly informed.
6. Article 20. Annual inspection report. With reference to the developments of Chapter IX of its General Survey of 2006 on labour inspection in respect of the usefulness of the publication and the communication to the ILO of an annual inspection report, the Committee asks the Government to take measures, as soon as possible, to ensure that the inspection authority carries out it obligations in this regard, and to keep the ILO informed.
The Committee notes the Government’s report and also the statistics tables relating to cases of occupational diseases and accidents, by economic sector, for the 2001-03 period.
1. Articles 6, 10 and 16 of the Convention. Labour inspection staff, status and conditions of service and coverage of needs. The Committee notes that, following a significant drop in 2001, the number of visits rose in 2003 (327), but dropped again in 2004 (202). The Committee notes that, at the same time, there was a reduction in the number of labour inspection staff due to the resignation of three staff members. In reference to paragraphs 209 and 216 of its 2006 General Survey on labour inspection, the Committee cannot emphasize enough how important and necessary it is to guarantee inspection staff a level of remuneration and career prospects such as can attract quality staff and retain them in the labour inspectorate. The Committee would be grateful if the Government would indicate whether the resignation of the three inspectors is connected with unsatisfactory conditions of service and remuneration, and if it would keep the ILO informed of any measures taken or envisaged to give effect, in practice, to Articles 6, 10 and 16 of the Convention and also of any difficulties encountered.
5. Article 13. Powers of labour inspectors to issue orders in respect of occupational safety and health. The Committee notes that, pursuant to section 152, paragraph 1, of the Labour Act (cap. 297), the head of the Labour Department or a health inspector may require the employer to remedy, within a specified time limit, the defects observed in plant or working methods which constitute a threat to the health and safety of workers. The Committee would be grateful if the Government would describe the procedure followed. It also asks the Government to indicate whether labour inspectors may, in all the workplaces liable to labour inspection, as in the mining establishments under section 8, paragraph 3, of the Mines and Minerals Act (cap. 40), make orders requiring measures with immediate executory force in order to eliminate an imminent threat to health or safety. Please communicate, where appropriate, copies of any relevant texts. If this is not the case, please take prompt measures to give effect, in law and practice, to Article 13, paragraph 2(b), of the Convention and to keep the ILO duly informed.
6. Article 20. Annual inspection report. With reference to the developments of Chapter IX of its 2006 General Survey on labour inspection in respect of the usefulness of the publication and the communication to the ILO of an annual inspection report, the Committee asks the Government to take measures, as soon as possible, to ensure that the inspection authority carries out it obligations in this regard, and to keep the ILO informed.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
The Committee takes note of the Government’s report as well as the table of labour statistics gathered by the Central Bureau of Statistics for 1996, the table of statistics concerning occupational accidents and diseases covering the period of January 2000-June 2001, and the statistics of complaints and visits by the labour inspection from January 1999-June 2001. The Committee notes that the information communicated by the Government in response to its previous comments does not indicate any improvement in the application of the Convention. As a result, it once again draws the attention of the Government to the following points.
Labour inspection staff and inspection visits. (Articles 2, 3, 10 and 16 of the Convention). The number of inspection visits communicated dropped from 169 in 1999 to three for the first semester of 2001. Indeed, the Government notes in its report that, for reasons of insufficient human resources, inspection visits could not be made in conformity with the Convention. With reference to its previous comments, the Committee once again notes that the staff described in the Government’s report is composed of persons designated by the terms "labour commissioner" and "labour officer", and that these terms do not indicate which persons exercise the functions of labour inspection in the sense of the Convention. The Government is requested to provide details in this regard and to clarify how, in conformity with the instrument, legal provisions regarding the conditions of work, as well as provisions regarding hours of work, wages, occupational safety, occupational health and well-being, employment of children and young persons and the protection of workers in commercial and industrial establishments are applied.
Occupational safety and health. As it has in its previous comments, the Committee once again refers to the mission report of an ILO consultant in 1996 which indicated that, from the workers’ point of view, it was urgent that questions of occupational safety and health be considered as priorities and that legal measures be taken to ensure a reduction in the worrisome number of occupational accidents and their consequences. The Committee asks the Government to communicate all useful information on measures taken to fill the gaps in legislation and to establish a labour inspection system which includes visits of establishments.
Noting that workers had indicated that the absence of any representative workers’ organizations in the important economic sectors constituted a principal obstacle in the improvement of the situation, the Committee would be grateful if the Government would indicate how it plans to give effect to Article 5(b) of the Convention, according to which the competent labour inspection authority should take appropriate measures to encourage the collaboration between labour inspection staff and employers and workers or their organizations.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee notes the Government’s reports. It also notes the information contained in a mission report on occupational safety and health prepared by an ILO expert in 1996 and the information provided previously in an annual inspection report. All of the information available shows that there are inadequacies in the application of the Convention related both to the lack of human and financial resources and the inadequate structures and legislation. 1. Need to establish a labour inspection system (Articles 1, 4, 5, 6 and 7 of the Convention). The Committee notes that the functions of labour inspection are discharged by officials who are also responsible for many other duties related to labour administration. The Committee wishes to emphasize that the Convention requires the maintenance of a system of labour inspection in industrial workplaces under the supervision and control of a central authority. This authority is required to make appropriate arrangements for cooperation between the inspection services and other government services and public or private institutions engaged in similar activities, and collaboration between employers and workers or their organizations and the inspection services. The inspection staff should also be composed of public officials who are capable of discharging the functions of labour inspection, and whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. The Committee also recalls the obligations and prohibitions which should guarantee the impartiality of inspectors and their credibility, thereby contributing to the effectiveness of their work (Article 15), and it considers that, in view of the excessive diversity in the duties discharged by labour officials, the conditions for the application of the Convention are not fulfilled. In its 1985 General Survey on labour inspection, it emphasized that, by their very nature, labour inspection services require an institutional framework based on laws or regulations (paragraph 28). It therefore requests the Government to take measures in the near future to bring its law and practice into conformity with the above provisions of the Convention in order to ensure the effective operation of the labour inspection services. It requests the Government to keep the ILO informed of the measures taken for this purpose and the results achieved. 2. Occupational safety and health (Articles 13 and 14). The employment accident statistics to which the ILO expert had access during his mission show excessively high figures for cases of death and severe invalidity caused by employment accidents. According to the information contained in the above mission report, the trade union organizations expressed their concern at the overall situation in the field of occupational safety and health. Obsolete and inadequate legislation, a social insurance policy which is not effective in encouraging employers to invest in the prevention of occupational risks and their negligence in informing the labour administration of the occurrence of employment accidents are all obstacles to the achievement of the objectives of the Convention in the field of occupational safety and health. In line with the opinion expressed by the trade union organizations, the ILO consultant recommended an in-depth revision of the relevant legislation and the adoption of an Act comprehensively addressing occupational safety and health issues and which would apply to all workplaces, employers and workers. The Committee would be grateful if the Government would keep the ILO informed of any measures intended to give effect to the wishes of the trade unions and the recommendations of the ILO technical consultant in this respect and to indicate any progress which is achieved.
The Committee notes the Government’s reports. It also notes the information contained in a mission report on occupational safety and health prepared by an ILO expert in 1996 and the information provided previously in an annual inspection report. All of the information available shows that there are inadequacies in the application of the Convention related both to the lack of human and financial resources and the inadequate structures and legislation.
1. Need to establish a labour inspection system (Articles 1, 4, 5, 6 and 7 of the Convention). The Committee notes that the functions of labour inspection are discharged by officials who are also responsible for many other duties related to labour administration. The Committee wishes to emphasize that the Convention requires the maintenance of a system of labour inspection in industrial workplaces under the supervision and control of a central authority. This authority is required to make appropriate arrangements for cooperation between the inspection services and other government services and public or private institutions engaged in similar activities, and collaboration between employers and workers or their organizations and the inspection services. The inspection staff should also be composed of public officials who are capable of discharging the functions of labour inspection, and whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. The Committee also recalls the obligations and prohibitions which should guarantee the impartiality of inspectors and their credibility, thereby contributing to the effectiveness of their work (Article 15), and it considers that, in view of the excessive diversity in the duties discharged by labour officials, the conditions for the application of the Convention are not fulfilled. In its 1985 General Survey on labour inspection, it emphasized that, by their very nature, labour inspection services require an institutional framework based on laws or regulations (paragraph 28). It therefore requests the Government to take measures in the near future to bring its law and practice into conformity with the above provisions of the Convention in order to ensure the effective operation of the labour inspection services. It requests the Government to keep the ILO informed of the measures taken for this purpose and the results achieved.
2. Occupational safety and health (Articles 13 and 14). The employment accident statistics to which the ILO expert had access during his mission show excessively high figures for cases of death and severe invalidity caused by employment accidents. According to the information contained in the above mission report, the trade union organizations expressed their concern at the overall situation in the field of occupational safety and health. Obsolete and inadequate legislation, a social insurance policy which is not effective in encouraging employers to invest in the prevention of occupational risks and their negligence in informing the labour administration of the occurrence of employment accidents are all obstacles to the achievement of the objectives of the Convention in the field of occupational safety and health. In line with the opinion expressed by the trade union organizations, the ILO consultant recommended an in-depth revision of the relevant legislation and the adoption of an Act comprehensively addressing occupational safety and health issues and which would apply to all workplaces, employers and workers. The Committee would be grateful if the Government would keep the ILO informed of any measures intended to give effect to the wishes of the trade unions and the recommendations of the ILO technical consultant in this respect and to indicate any progress which is achieved.
Publication of an annual inspection report. The Committee notes that no annual report containing information on the activities of the inspection services has been transmitted since the report of the Labour Department for 1990. With reference to paragraphs 272 and 273 of its 1985 General Survey on labour inspection, it emphasizes once again the importance that it attaches to the publication of an annual report, the form and the content of which are determined in Articles 20 and 21. The application of the legislation concerning conditions of work and the protection of workers while engaged in their work can only be improved if precise data are available on the subjects enumerated in Article 21(a) to (g). The collection of this information requires the competent inspection services to comply with the obligation of periodical reporting established in Article 19. The publication of annual reports prepared by the competent central authority on the basis of these periodical reports offers the social partners the opportunity to express their views on the manner in which the application of the relevant legislation is supervised and allows the Government to guide its activities in relation to its priorities, taking into account the available resources. However, the Committee notes that one of the fundamental types of data necessary for such an exercise, mainly the number of workplaces liable to inspection, is not available, since the legislation concerning the registration of industrial and commercial enterprises is not applied. The Committee cannot recommend the Government too strongly to ensure that the registration of workplaces and the workers employed therein is carried out rapidly. It hopes that the Government will be in a position to provide information on the results of this operation in its next report and to ensure the proper application of Article 21 in the near future.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matter raised in its previous direct request, which read as follows:
Article 3, paragraph 2, of the Convention. The Committee notes from the Annual Report of the Labour Department, 1987, that the labour inspectorate discharges other duties than those referred to in the Convention, including arbitration and conciliation. The Committee would be grateful if the Government would indicate what measures are taken to ensure that any additional duties entrusted to labour inspectors do not interfere with the effective discharge of their primary duties.
Article 7, paragraph 3. The Committee notes the linguistic abilities needed by inspectors and the training mentioned in the report. Please describe measures taken to ensure that labour inspectors are adequately trained, particularly in more specialised areas such as occupational safety and health, which directly relate to their ability to perform their primary functions.
Article 13. The Committee recalls the arrangements earlier described by the Government as regards the power of inspectors to order measures with immediate executory force. It would be glad if the Government would indicate the procedures currently followed in this respect, as well as any difficulties encountered and further regulation of the matter considered necessary.
Articles 20 and 21 of the Convention. The Committee notes that the annual report of the Labour Department for 1987 does not contain all the information required under the Convention, in particular, statistics of violations and penalties imposed and of industrial accidents and occupational diseases (Article 21(e),(f) and (g)). It hopes that in future, reports will be completed by the inclusion of information on all the subjects set out in Article 21 and that they will be published and transmitted to the ILO within the time-limits set forth in Article 20.
The Committee notes the information provided in the Government's report in reply to its earlier comments and concerning Articles 3, 6 and 11(1)(b) of the Convention.
The Committee notes the information supplied in reply to its previous comments and requests the Government to keep it informed of any progress achieved in the application of Articles 3, 6, 10, 11 and 16 of the Convention.
Articles 20 and 21. The Committee notes that the annual report of the Labour Department for 1986 does not contain all the information required under Article 21 of the Convention and, in particular, statistics of violations and penalties imposed and of industrial accidents and occupational diseases (points (e), (f) and (g)). It hopes that in future these reports will contain information on all the subjects set out in Article 21 and that they will be published and transmitted to the ILO within the time-limits set forth in Article 20.