Observation (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 10, 11 and 16 of the Convention. The Committee notes that shortages of material means and qualified staff persist in hampering the application of these Articles of the Convention and that there has been no resolution of the difficulties commented upon by the Committee for several years. The Committee recalls the requirements as to an adequate number of inspectors with all necessary facilities (especially transport). It asks the Government to indicate in its next report any measures whatsoever taken to make the most out of the resources available, if not to increase resources. Article 12, paragraph 2, and Article 13, paragraph 2(b). Since 1968 the Committee has been drawing the Government's attention to the need to empower inspectors, on the one hand, to decide whether or not they should notify the employer of their presence at the workplace and, on the other, to make or have made orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers. In 1990, the Committee noted that a committee had been established to revise the Labour and Social Welfare Code with a view to bringing national legislation into conformity with the Convention, and that the Code had been revised with the assistance of the ILO. The Committee now notes that the revised Code has not yet been adopted, although it is being given priority. It also notes the indication in the Government's most recent report, repeating information provided in 1971, that labour inspectors may make orders with immediate executory force. Since 1972, the Committee has observed that section 202 of the Labour and Social Welfare Code, as applied, empowers the labour inspector to give an employer no less than two days to remedy a situation, even when it is dangerous to the health or safety of the workers in cases of extreme urgency, and that this is not sufficient to deal with imminent dangers, such as a risk of a fall of earth, asphyxia or explosion, which may materialise before the minimum time-limit of two days has expired. The Committee is bound, once again, to express the hope that the Government will soon be able to report that the necessary changes to legislation have been made. It would in the meantime be grateful if the Government would provide information on the manner in which the existing provisions are applied in practice. Articles 20 and 21. In reply to the Committee's earlier comments the Government states that the annual reports on inspection are being completed. The Committee hopes that the Government will ensure that, in future, annual inspection reports are drawn up containing information on all the subjects listed under Article 21. It trusts that these reports will be published and communicated to the ILO within the period fixed in Article 20.