Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

With reference to its observation, the Committee notes the detailed information supplied by the Government under each provision of the Convention. While noting that the draft Occupational Safety and Health (OSH) Act is being currently finalized by the Chief Parliamentary Counsel and will be tabled in Parliament in the near future, the Committee wishes to draw the Government’s attention to the following points.

Articles 13 and 17 of the Convention. Powers of labour inspectors to order immediate preventive measures. Legal proceedings. The Committee notes that under section 26(1) of the Factories Act, the chief factory inspector has the power to require by notice in writing (stop order), as a preventive measure, that the use of premises for certain purposes be discontinued in the event of danger to the health, safety and welfare of workers in building operations, construction and docks. Noting that during the reporting period (September 2006–August 2008) only one stop order was issued for a construction site in which one worker died and three were injured, the Committee requests the Government to describe the follow-up measures that were taken in that instance. With regard to the scope of competence of labour inspectors, the Committee notes the Government’s indication that, as a result of the adoption of the new OSH Act, the power of OSH inspectors to issue prohibition notices (stop orders) where the safety and health of workers may be adversely affected will be extended to all branches of the economy. It hopes that this legislation will be adopted in the near future and requests the Government to send a copy of the text once it has been adopted.

Article 18. Violations of labour law and penalties imposed. The Committee notes that the Government is currently seeking to amend the Factories Act to increase the current level of fines and penalties, which is inadequate according to the report. Noting the Government’s indication that the legislative process is very advanced, the Committee hopes that the Government will soon be in a position to confirm the adoption of this amendment and that it will send a copy to the ILO.

Articles 20 and 21. Annual report on the work of the labour inspection services. The Committee notes that the annual inspection report on the activities of labour inspectors in the Pay and Conditions of Employment Branch (PCEB) and in the OSH Department of the Ministry of Labour and Social Security was not received by the ILO. Recalling that the annual report should contain all the data required by Article 21 of the Convention, including statistics of violations and penalties imposed, it requests the Government to send the report as soon as possible.