Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

Article 13, paragraph 2(b), of the Convention. In answer to the Committee's earlier comments, the Government refers to the provisions of Title IV and Annex I of Order No. 039/MTPS/IMT of 26 November 1984, which establish a four-day minimum period for the execution of orders, and considers that these are measures with immediate executory force. The Committee points out that the above provisions give effect to paragraph 2(a) of this Article (under which inspectors must be empowered to order certain alterations to the installation or plant, to be carried out within a specified time-limit) but not to paragraph 2(b) which applies to cases of emergency in which the inspector must be empowered to make orders requiring "measures with immediate executory force in the event of imminent danger to the health or safety of the workers". In such cases (e.g. when there is a danger of asphyxia, explosion, collapse of plant, etc.), the procedure laid down by the provisions of Order No. 039/MTPS/IMT is not adequate to avert the danger, which could materialise before the expiry of the four-day minimum time-limit imposed when an order is issued. The Committee hopes that, bearing these explanations in mind, the Government will take the necessary measures (either as part of the revision of the Labour Code, or by supplementing Order No. 039/MTPS/IMT with an appropriate provision) to confer on labour inspectors the powers laid down by Article 13, paragraph 2(b), of the Convention.

Articles 20 and 21. The Committee notes with regret that, despite the Government's assurances that it would provide regular annual inspection reports, no report has been received by the International Labour Office since 1982. It trusts that the Government will not fail to take the necessary steps to ensure that, in future, these reports, containing information on all the subjects listed at Article 21, are published and transmitted to the International Labour Office within the time-limits laid down by Article 20.