Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes the Government’s report received on 8 September 2009 as well as the Executive Summaries of the Chief Labour Inspector’s Annual Reports for 2006, 2007 and 2008 and the Programme of Activities of the National Labour Inspectorate (NLI) for 2007. It also notes the Act of 13 April 2007 on the National Labour Inspectorate.

Article 3, paragraph 1(a) and (b), Articles 5 and 16 of the Convention. National actions and international cooperation in the field of labour inspection. The Committee notes the detailed information in the Programme of Activities of the NLI for 2007 concerning: (a) long-term actions for 2007–09 (definition of priority actions); (b) inspection-supervisory actions in the annual programme for 2007 (targeted inspection areas, assessment of legal acts); (c) training and the building of the IT system of NLI; and (d) cooperation with other bodies and institutions dealing with labour protection issues.

The Committee notes with interest in the annual reports the information on various preventive actions undertaken in 2008 cooperation with the social partners and other authorities and organizations, and particularly by campaigns on asbestos, the manual handling of loads, occupational risk assessment, on safe building and young workers starting their employment; as well as programmes on the observance of labour law in small companies and stress in the workplace and competitions aimed at promoting work safety, such as the all-Poland competition “Employer-organizer of safe work”. The Committee notes in particular with interest the actions and preventive measures addressed at young people in 2008, such as:

–           the actions in summer and winter camps for children in collaboration with Polish scout associations;

–           the informal educational programme “Safety Culture”, implemented in post-gymnasium schools;

–           additional training sessions for a total of 6,528 pupils and students; and

–           numerous events (fairs, career days) during which the NLI distributed specific publications for young people and provided legal advice to young people starting their employment.

The Committee further notes with interest that in 2008 a total of 16,500 persons attended training events organized by the NLI. Relevant information is provided via the mass media (newspapers, radio, TV), as well as through leaflets, brochures, posters and periodical publications prepared by the NLI, on the Government’s web site (www.pip.gov.pl), and through the large amount of advice provided upon request by the labour inspectorate. The Committee notes with interest that the NLI maintains close cooperation with various international institutions, including in the area of the training of labour inspectors and the exchange of information, such as the Senior Labour Inspectors Committee (SLIC), the European Agency for Safety and Health at Work in Bilbao, the International Social Security Association (ISSA), the International Network of Training Institutes for Labour Relations (RIIFT) and other partners at the regional level. It further notes with interest the priority given by the labour inspectorate to activities aimed at protecting persons working in sectors and companies with the highest incidence of occupational hazards, such as in the construction sector.

Articles 8 and 10. Number of labour inspectors. The Committee notes with interest that the labour inspection staff at the NLI increased from 2,423 employees in 2006 to 2,655 in 2007. The Committee would be grateful if the Government would indicate the proportion of women inspectors and specify whether they are entrusted with duties specifically targeting women workers in industrial and commercial workplaces.

Article 5(a) of the Convention. Specific cooperation between the labour inspection services and the judicial system and other public services or institutions. The Committee notes the information in the Government’s report, already contained in its 2007 report that, since 1 July 2007, competent labour inspectors act as public prosecutors in certain cases of minor offences relating to general labour conditions and the legality of employment by lodging complaints with the competent courts (article 37 of the Act on the National Labour Inspectorate). It further notes that in 2008, out of the 1,114 notifications filed with the Office of the Public Prosecutor, 101 indictments were referred to the courts, with 11 persons being fined, two sentenced to suspended prison sentences and one being acquitted. Meetings to exchange information on current proceedings and to explain problems arising in practice are organized between the regional labour inspectorates and the Office of the Public Prosecutor. The Committee especially welcomes the meetings and instructions pertaining to the methodology for prosecuting crimes and securing evidence which are aimed at ensuring that prosecutions are brought to a conclusion. The Committee would be grateful if the Government would keep the ILO informed of any further cooperation activities and their impact, including extracts from relevant judicial decisions.

Article 12, paragraph 1. Right of inspectors to enter workplaces freely. While noting the information provided by the Government on the content of the Act of 19 December 2008 amending the Act on freedom of economic activity and certain other Acts, in the absence of the text of the new Act, the Committee is not in a position to assess whether its provisions give effect to Article 12(1)(a) of the Convention. Some of the explanations provided by the Government on the new Act appear to relate to inspection on issues other than the labour-related matters covered by the Convention. The Committee emphasizes once again that labour inspectors with proper credentials should be entitled to carry out supervisory functions without the need for further authorization. Moreover, it is important that there should be no prior notification of inspection visits to the employer or her or his representative, unless the labour inspector deems such notification necessary for the effectiveness of the control to be performed. The Committee asks the Government to provide the ILO with a copy of the Act of 19 December 2008. It also asks it once again to take the necessary steps to ensure that the legislation fully complies with this important provision of the Convention. It requests the Government to keep the ILO informed of any progress achieved in this regard and to communicate a copy of any relevant legal provisions.

The Committee is raising other points in a request addressed directly to the Government.