Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the brief information contained in the Government’s report received in 2006, which covers the period ending 1 September 2005. While noting that the report contains no information on inspection visits and responds only succinctly to its previous comments, the Committee reminds the Government, once again, of its obligation to provide regular information on changes and developments relating to the application of the Convention. The Committee would like to draw the Government’s particular attention to the following points.

1. Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes that, pursuant to section 10, paragraph 1(f) of the 1999 Employment Act, an agent from the Labour Inspectorate may examine any register of industrial accidents and occupational diseases held by an employer, and request from that employer information on the causes and circumstances of any occupational accident or disease which occurred during work carried out in his establishment. The Committee reminds the Government that, in accordance with Article 14 of the Convention, the labour inspectorate shall be notified of industrial accidents and cases of occupational disease in such cases and in such manner as may be prescribed by national laws or regulations. Referring, in this respect, to its 2006 General Survey on labour inspection (paragraph 118 onwards), the Committee would be grateful if the Government would take measures to establish a formal and obligatory mechanism to provide notification of industrial accidents in cases and conditions to be determined by the legislature. The Committee asks the Government to keep the ILO informed and to provide a copy of any relevant texts or documents.

2. Articles 3 and 13 of the Convention. Occupational health and safety. From the information released by the Government onto the Internet, the Committee notes with interest that an analysis of the sanitary situation was carried out in 2005 in collaboration with the Nuffield Centre for International Health and Development, and that a strategic health plan was established for the 2006-10 period. Given that the analysis showed a high frequency of occupational accidents in certain sectors, particularly in the construction industry due to the incorrect use of machinery and the lack of protection equipment, the Committee insists on drawing the Government’s attention to the importance of the educational role that labour inspectors should be encouraged to play when carrying out inspection visits. The purpose of this aspect of labour inspection is to develop a preventive culture both in respect of employers and workers, in particular in the branches of activity in which workers are exposed to a high risk of accidents. The implementation and follow-up of orders, which have a time limit in certain cases and immediate executory force in the event of imminent danger to the health and safety of the workers, and the application of dissuasive sanctions, should also ensure that employers show greater compliance with the law and the relevant technical requirements. The Committee hopes that the national health plan, and the workers’ health plan that the Government says should be incorporated into it, will provide the Labour Inspectorate with the necessary means to carry out all its preventive duties effectively, and that information indicating an improvement in the supervision of safety and health conditions in the establishments covered and in their impact on the frequency of occupational accidents, will soon be communicated to the Committee.

3. Article 20, paragraph 3, and Article 21. Publication of an annual report. The Committee notes that, pursuant to section 14 of the Employment Act, agents from the Department of Labour shall submit regular reports on the results of their inspection activities, at least once a year. Pursuant to section 15 of the same text, the head of the Labour Department shall publish an annual general report on the activities of the inspection services, the content of which corresponds to the list of subjects set forth under Article 21 of the Convention. Given that the ILO has not received an annual report since 1995, the Committee draws the Government’s attention to Chapter IX of its 2006 General Survey on labour inspection, which refers to the usefulness of publishing and submitting to the ILO an annual inspection report, and would be grateful if the Government would communicate copies of regular inspection reports and, as soon as is possible, a copy of the annual report published in accordance with the national legislation.