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Referring to its observation concerning the publication and quality of the annual report on labour inspection activities, the Committee requests the Government to provide further information on the following points.
Article 5(a) of the Convention. Cooperation between the labour inspection services and the judicial bodies. The Committee notes that, in reply to its 2007 observation in which it called for effective cooperation between the labour inspection services and the judicial bodies to reinforce the work and credibility of the labour inspectorates, the Government indicates that prosecution falls within the competence of the cantons and is subject to their own procedures. The Government adds that the exchange of information between the labour inspectorates and the courts varies from canton to canton, but that a harmonization of procedures is under way. The Government is requested to provide information on any developments in this regard, illustrated by any relevant documents.
Article 2, paragraphs 1 and 2, and Article 3, paragraph 1(a). Legislative areas coming under the competence of labour inspection. The Committee notes that, in accordance with section 4 of the Federal Act on measures to combat illegal employment (LTN), it is the cantons which, within the framework of their legislation, appoint the cantonal supervisory body which is competent on their territory to enforce its provisions. It notes that the labour inspectorate’s activity reports do not contain information showing that a role has been assigned to the inspection services in this legislative area, which, in fact, is not among the matters covered by the above Articles of the Convention. The Committee would be grateful if the Government would provide clarification in this regard and indicate and describe any form of collaboration existing between the labour inspectorate and the supervisory bodies responsible for enforcing the LTN as well as the consequences of this collaboration on the performance by labour inspectors of their main duties as defined by the Labour Act.
Article 21(f) and (g). Statistics of industrial accidents and cases of occupational disease. The Committee notes that the statistics of industrial accidents and cases of occupational disease provided in the labour inspectorate’s annual report for 2008 are absolutely identical to those provided in the report for 2007. The Committee would be grateful if the Government would provide clarification in this regard and indicate whether it is envisaged, with a view to better reflecting needs with regard to the prevention of occupational hazards, to supplement such statistics in accordance with the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81).
Articles 20 and 21 of the Convention. Publication and content of the annual report on labour inspection activities. The Committee notes with satisfaction the publication of the annual report of the labour inspectorate for the period 2001–08 on the web site of the State Secretariat for Economic Affairs (SECO) (see www.seco.admin.ch/dokumentation/publikation/00008/00022/01737/index-htm1?lang=fr) and the annual report on occupational safety and health for the same period on the web site of the Federal Coordination Commission of Occupational Safety (CFST) (see www.ekas.admin.ch/index-fr.php?frameset=14). It notes in particular the conformity with the provisions of Article 20 of the Convention with regard to the date of publication of the report and the exhaustive nature of the information included in these reports on the matters referred to in Article 21. Furthermore, the maintenance on the above web sites of the reports relating to several years is useful in that it enables an analysis of developments in activities and the results achieved in relation to the measures implemented.
The Committee is raising other points in a request addressed directly to the Government.
The Committee noted the Government’s report, the information provided in reply to its previous comments and the attached documents. It also noted the Act of 24 March 2000 on federal personnel, the provisions of which shed useful light on the status and conditions of service of officials, including labour inspectors.
Child labour. The Committee notes with interest that, following the ratification of ILO Conventions Nos. 138 and 182, the Government has amended texts for the implementation of the Labour Act by drafting a new ordinance specifically concerning the protection of young people at work, which is due to enter into force in 2002, and that labour inspectors will receive appropriate training once this ordinance has entered into force. The Committee hopes that information on inspection activities with respect to child labour in industrial and commercial premises will be communicated in the next annual reports published under Articles 20 and 21.
Project for the reorganization of the labour inspection system. Referring to its previous comments, the Committee notes that the project for the reorganization of the labour inspection system is subject to the prior determination, currently under consideration, of the status of the Swiss National Occupational Accident Fund. It notes, however, the report drafted in November 2000 by the working group of the Labour Directorate of the Ministry of Economic Affairs (Seco) and the Inter-Cantonal Association for the Protection of Workers aimed at improving organization and cooperation between the Confederation, which has the supreme supervisory function, and the cantons responsible for executive tasks with respect to worker protection. Having indicated that this report is currently before the cantons for consultation, the Government is asked to communicate information on the outcome of these consultations and on any measure taken consequently regarding the application of the provisions of the Convention.
The Committee notes the Government's report and the information provided in response to its previous comments. It also notes the annual inspection reports for 1997 and 1998.
1. The Committee notes that the statute of labour inspectors is currently being amended to comply with legislation respecting federal personnel and should take effect in 2001. The Committee also notes the Government's statement to the effect that although labour inspectors will be under contract to the State, their independence as labour inspectors will not be compromised.
2. The Committee refers to its previous comments and notes that the project announced by the Government to carry out a fundamental reorganization of the judiciary and to reorganize the system of inspection between the competent authorities in matters of protection of health and safety at work has not as yet come to fruition. The Government is requested to provide the Office with any information on developments in this regard.
1. In its previous comments, the Committee noted that the Parliament asked the Federal Council to propose a complete reworking of the inspection system with a view to better coordination of powers in respect of protection of health and safety at work, which are divided up between several authorities. The Committee notes the information provided by the Government in its report according to which a study group has been set up, mainly comprising representatives of the social partners, executive bodies with jurisdiction over health and safety at work and a representative of the private insurers. The group's mandate is to draw up, by mid-1998 at the latest, a report proposing solutions to coordinate and regroup the provisions relating to prevention and protection in the area of health and safety in the workplace.
The Committee requests the Government to provide information on the results of the work undertaken. If the inspection system is to be completely reworked, the Committee hopes that this will be done in accordance with the provisions of the Convention.
2. With reference to its previous comments, the Committee has noted the labour inspection reports for 1994 to 1996 which contain statistics on occupational accidents and diseases.
1. The Committee notes the information supplied by the Government in its report that responsibility for protection of health and safety at work is shared among various authorities and that Parliament has requested the Federal Council to propose a complete overhaul of the system with a view to improving coordination of responsibilities. The Committee requests the Government to send information on the progress of the work of the working group set up for this purpose.
2. Articles 20 and 21 of the Convention. The Committee noted previously that the reports of the inspection services did not contain the laws and regulations relevant to the work of the inspection service or statistics of workplaces liable to inspection and the number of workers employed therein, as provided in Article 21(a) and (c) of the Convention. The Committee notes with interest the Government's indication in its report that the necessary steps have been taken so that all the missing data will be sent each year with subsequent reports. Accordingly, it hopes that the next annual report of the inspection service will deal with all the subjects mentioned in Article 21.
Articles 20 and 21 of the Convention. Further to its previous comments, the Committee notes with interest the information that the necessary measures have been taken to include in future annual inspection reports particulars on the laws and regulations relevant to the work of the inspection service and statistics of workplaces liable to inspection and the number of workers employed therein, as required by Article 21(a) and (c). It further draws the Government's attention to the requirement that such annual reports published by the central inspection authority should contain all the particulars listed in Article 21, and expresses the hope that the Government will take the necessary measures to incorporate in these reports statistics on industrial accidents and occupational diseases that have to date been transmitted separately.
Articles 20 and 21 of the Convention. Further to its previous comments, the Committee notes the statistics transmitted concerning work accidents and occupational diseases. However, it notes that the reports of the activities of the inspection services for 1989 and 1990 do not contain the laws and regulations relevant to the work of the inspection service and statistics of workplaces liable to inspection and the number of workers employed therein, as required by Article 21(a) and (c). The Committee hopes that in the future this data will be included in the reports of the Federal Co-ordinating Commission for Occupational Safety. It hopes too that all the data required by the Convention will be published and transmitted to the ILO within the time-limits laid down.
Articles 20 and 21 of the Convention. The Committee takes note of the annual reports of the Federal Co-ordinating Commission for Occupational Safety for 1987 and 1988. It hopes that, in future, the Government will transmit to the International Labour Office, within the time-limits set forth by Article 20, the reports of the Swiss National Accident Insurance Fund containing statistics of industrial accidents and occupational diseases (Article 21(f) and (g)).