Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 81) sur l'inspection du travail, 1947 - Bolivie (Etat plurinational de) (Ratification: 1973)

Autre commentaire sur C081

Observation

Demande directe

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The Committee refers the Government to its observation, and wishes in addition to raise the following matters.

Legislation. The Committee notes that according to the Government, a General Labour Bill is in the process of being drafted. It requests the Government to keep the Office informed of any developments in this regard and to provide a copy of the new Act as soon as it is adopted.

Articles 3 and 4 of the Convention. Central authority responsible for the supervision and control of labour inspection. The Government states that no texts affecting the structure or functions of the labour inspection system have been adopted pursuant to Supreme Decree No. 29894 of 7 February 2009 on the organizational structure of the Executive Branch.

Articles 3(1) and 10. Main duties of labour inspectors and numbers of the inspectorate staff. With reference to its previous comments, the Committee notes the information to the effect that the geographical distribution of labour inspectors is based on the population density of each department. It also notes that 57 of them are responsible, interchangeably and according to needs, for supervising application of the legislation on general conditions of work and monitoring occupational safety and health, and that the same 57 inspectors are in charge of inspection visits. It also notes that, according to the information in the table showing the distribution of labour inspection staff, included in the Government’s report, the inspection services have a total of 86 chief inspectors and labour inspectors, whereas in the previous report the Government gave the figure of 92 chief inspectors and labour inspectors. The Committee would be grateful if the Government would provide details of the duties performed by the other chief inspectors and labour inspectors. The Committee also asks the Government to specify whether the number of serving labour inspectors has fallen.

Articles 5(a) and 9. Institutional cooperation and association of experts and specialists in inspection work. In its previous comments the Committee drew the Government’s attention to the possibility of considering the potential that could be harnessed from effective cooperation between the labour inspection services and other government services and private institutions engaged in similar activities in order to benefit from technical support from specialists in medicine, engineering, electricity and chemistry, to support labour inspectors in the performance of their duties. The Government indicates that it is benefiting from cooperation and support from the Spanish Cooperation Agency (AECID) and 3M International, and also from the National Health Fund and the Public Water and Sewerage Company. Furthermore, under the project to improve the labour inspection system, the AECID has provided measuring instruments and equipment. The Committee would be grateful if the Government would provide details of the arrangements for cooperation with the National Health Fund and the Public Water and Sewerage Company, inter alia. It asks the Government in particular to indicate whether technical experts and specialists from these institutions take part in inspection visits, and to provide copies of any documents relating to such cooperation.

Articles 6, 7 and 11(1)(b) and (2). Remuneration of inspectors; matching resources to needs in training of labour inspectors, transport facilities and reimbursement of travel expenses incurred by labour inspectors in performing their duties. The Government indicates that labour inspectors are public officials who are appointed by competition on the basis of an examination of qualifications, and are governed by Act No. 2027 of 27 October 1999 (as amended by Act No. 2104 of 21 June 2000) issuing the Public Service Regulations, Supreme Decree No. 26115 of 16 March 2001, on the basic rules of the staff administration system and Resolution No. 346 of 28 November 1987, issued by the Ministry, approving the labour inspection regulations.

The Government also states that a workshop on general conditions of work and occupational safety and health was organized in 2011 for labour inspectors, and that two further training courses are to be organized for 2012 and the number of training courses is to be increased in order to keep the skills of labour inspectors up to date. The Committee requests the Government to provide information on the content, type and length of the courses and the number of inspectors taking part (indicating their geographical distribution) and on any training organized during the period covered by the Government’s next report, and to give an appreciation of how far these activities meet the Convention’s objectives. It would also be grateful if the Government would keep the Office informed of any other measures taken to meet inspectors’ needs for further training on an ongoing basis. The Committee also asks the Government once again to continue to provide information on the aim, scope and duration of the cooperation agreements concluded with Argentina and Brazil, referred to in the Government’s last report, and on how they affect the performance of inspection duties.

Noting that the Government has sent no information on this point, the Committee again asks it to provide details of labour inspectors’ current wages and allowances as compared to those of other officials performing similar duties in other institutions.

The Committee takes note of the regulation on travel allowances and transport facilities approved by Resolution No. 426/10 of 2 June. It notes that, according to the Government, labour inspectors serving in La Paz use the vehicles of the Ministry of Labour, Employment and Social Welfare for duty travel, and those serving elsewhere use public transport. Travel costs are repaid to labour inspectors upon completion of the “petty cash payment form”, approved by Ministry Resolution No. 862/10 of 2 September 2010. The Committee requests the Government to describe the procedure for refunding the amounts spent by labour inspectors on duty travel, and to provide a copy of abovementioned Resolution No. 862/10.

Article 12(1)(a), (b), and (c)(i) and (2). Notification of the presence of an inspector on the occasion of an inspection visit. The Committee notes that under section 25(4) of the General Occupational Safety, Health and Well-being Act, the Ministry of Labour’s inspection corps is responsible for conducting inspections with the participation of representatives of employers and trade unions. It also notes that, according to the Government, in the case of visits concerning occupational safety and health, labour inspectors are required to notify their presence to the employer in accordance with the legislation in force. The Committee reminds the Government that, according to Article 12(1)(c) of the Convention, labour inspectors must be empowered to carry out inquiries either alone, or in the presence of witnesses and that, according to Article 12(2), on the occasion of an inspection visit, inspectors shall notify the employer or his representative if they deem this advisable. The Committee therefore asks the Government to take the necessary steps to have the legislation amended so as to align it with the Convention on these points, and to inform the Office of any progress made in this regard.

Articles 13 and 14. Preventive functions of labour inspection. Monitoring of safety and health at work and notification to the labour inspectorate of occupational accidents and instances of occupational disease. In its previous comments the Committee noted with concern the large number of industrial accidents that occurred between 2009 and 2011 and that the highest rates of occupational accidents and diseases were restricted in the departments of La Paz, Oruro, Santa Cruz and Potosi. It asked the Government to provide statistical information on labour inspection activities covering the health and safety of workers, including measures with immediate executory force ordered in the event of imminent danger to the health or safety of workers. The Committee notes that, according to the Government, 798 technical inspections and reinspections were conducted in 2011. The Committee would be grateful if the Government would provide figures pertaining to the labour inspectorate’s work in the area of occupational safety and health in the period covered by the Government’s next report, specifying the measures taken to eliminate any defects (Article 13(2)(a) and (b)), including measures with immediate executory force in the event of imminent danger to the health or safety of workers (Article 13(2)(b)). It also asks the Government to provide information on any measures taken to prevent the occurrence of industrial accidents and cases of occupational disease, particularly in the departments of La Paz, Oruro, Santa Cruz and Potosi, and to indicate the role entrusted to labour inspectors.

The Committee notes the standard form for notifying industrial accidents to be submitted by the employer to the General Directorate of Occupational Safety, Health and Well-being and the appropriate Social Security Fund within 24 working hours of the occurrence. It would be grateful if the Government would also provide a copy of the standard form for notifying cases of occupational diseases, referred to by the Government in its report, and to describe how information on occupational accidents and cases of occupational disease are brought to the attention of the labour inspectorate, in accordance with Article 14 of the Convention.

Article 16. Inspection visits. With reference to its previous comments, the Committee notes the information supplied in the Government’s report that a total of 176 cases, observed in the course of 2,164 inspection visits and 798 technical inspections and reinspections conducted in the course of 2011, were notified to the judicial authority with a recommendation to impose a fine. The Committee requests the Government to provide detailed information on the number of inspections conducted during the period covered by its next report, indicating the sector of the economy concerned, the type of visit (scheduled or in response to a complaint), the infringements detected (indicating the provisions breached) and the measures taken or recommended.