Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 81) sur l'inspection du travail, 1947 - République-Unie de Tanzanie.Tanganyika (Ratification: 1962)

Autre commentaire sur C081

Observation

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Tanganyika (ratification: 1962)

The Committee notes with interest that the Government received ILO technical assistance in the form of a labour administration and inspection needs assessment (2009 needs assessment, which was conducted in 2009 and subsequently discussed with the Government in 2010), and that the recommendations contained therein correspond to a large extent to the Committee’s previous comments made on the application of the Convention. It also notes that, following this audit, ILO assistance was provided, which focused, inter alia, on the training of labour inspectors and the establishment of annual labour inspection reports.

Articles 12(1)(a) and 15 of the Convention. Right of inspectors to enter workplaces freely. Timing of inspections. Confidentiality of complaints. The Committee previously requested the Government to inform how it is ensured that labour inspectors who, pursuant to section 45(1)(a) of the Labour Institutions Act, No. 7 of 2004, may enter any premises “at any reasonable time”, are clearly entitled to decide whether the timing of a visit is reasonable. In this context, the Committee previously noted that the Government had given examples which suggested that inspection generally took place only during working hours. The Committee notes that the Government reaffirms its commitment to ensure that labour officers are free to decide on the timing of their visits, taking into account the nature of the work and the conditions in which it is done. The Government adds that guidelines on labour inspection have been drafted to this end, which are awaiting tripartite consultation before being submitted to the Minister for approval, and that labour inspectors have received training in this respect in the framework of ILO projects, devoted to modern ways of organizing and conducting labour inspection visits.

In addition, the Committee notes from the 2009 audit that section 5 of the Occupational Health and Safety Act of 2003 appears to be interpreted in practice as to require a special delegation by the Chief OSH inspector for all OSH inspections. Moreover, it observes from the audit that even if the relevant national legislation is in conformity with the Convention, routine inspections are usually announced in advance to employers. The Committee recalls that Article 12(1)(a) of the Convention provides that labour inspectors shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. The Committee also indicates that it has emphasized, in paragraph 263 of its 2006 General Survey on labour inspection, that conducting unannounced visits on a regular basis is especially useful as it enables inspectors to observe the confidentiality required by Article 15(c) of the Convention. The Committee requests the Government to provide further examples of how effect is given in practice to labour inspectors’ rights set out in Article 12(1)(a) of the Convention, and to clarify the nature of the involvement of the hierarchical superiors of labour inspectors in the different stages of inspections. The Committee would be grateful if the Government would provide the Office with a copy of the abovementioned guidelines on labour inspection, once they have been approved. The Committee asks the Government to provide information on the proportion of unannounced and announced inspection visits and to provide information on any measures taken or envisaged to discontinue the practice of regularly informing employers in advance about inspections visits, in accordance with the recommendations made in the 2009 audit.

It also wishes to receive more information on the content and frequency of the training on inspection procedures, including on conducting labour inspection visits, and to provide a general appreciation of the impact of this training on the manner in which inspection visits are conducted, thereby giving effect to the principles set out in Article 12 of the Convention.

Articles 20 and 21. Annual labour inspection reports. The Committee notes the Government’s indications that the US Department of Labor (USDOL)–ILO project on improving labour law compliance paved the way for an annual inspection report, and that the annual inspection report for the financial year 2011–12 is available on the Ministry of Labour and Employment’s (MLE) website. However, the Committee is unable to locate this report on the MLE’s website. It further notes from the report that it has not been possible to determine the exact number of workplaces liable to inspection yet, but that relevant measures are being taken in the framework of the United Nations Development Assistance Programme (UNDAP). It also observes from the 2009 audit that the compilation of an annual report seems to be conditioned by the availability of external funds, that tools for the systematic compilation of statistics do not seem to be in place, and that an updated register of workplaces is not yet available at central level. It therefore expresses the firm hope that, with the help of further technical assistance, the Government will be able to make available a report that contains the information and statistics requested under Article 21(a)–(g) of the Convention so as to provide the national authorities with the data to assess and improve the effectiveness of the labour inspection services.

Recalling that copies of annual reports have not been received by the Office for more than 20 years, the Committee requests the Government to make every effort to allow the central labour authority to publish and communicate to the ILO annual labour inspection reports on a regular basis (Articles 20 and 21 of the Convention), and to indicate the measures taken for this purpose, including the steps taken to obtain further technical assistance for the establishment and regular updating of a register of workplaces that would allow for the determination of the exact number of workers employed in workplaces liable to inspection.

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