Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 81) sur l'inspection du travail, 1947 - Qatar (Ratification: 1976)

Autre commentaire sur C081

Observation

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Technical cooperation. Following its previous comments, the Committee welcomes the information in the Government’s report concerning the measures planned within the context of the technical cooperation programme between the Government and the ILO, particularly the second pillar which concerns improving the labour inspection and occupational safety and health (OSH) systems. The Committee takes due note of the Government’s indication that an assessment of the labour inspection system was conducted by the ILO to identify the technical needs of the system, which will be finalized by the end of 2018. The Committee requests the Government to provide detailed information on the measures taken to implement the recommendations of the assessment, once finalized, with a view to improving the implementation of the Convention.

Articles 3, 8, 10 and 16 of the Convention. Sufficient number of labour inspectors and coverage of workplaces. The Committee previously noted that the technical cooperation programme between the Government and the ILO includes the implementation of a labour inspection policy and strategy, increasing the number of interpreters accompanying inspectors in order to permit interaction with workers during inspection visits, and measures to ensure that inspections cover all undertakings and workplaces prescribed by the Labour Law.

The Committee welcomes the Government’s statement that the national labour inspection policy has been formulated, and is in the process of being developed and that a strategic unit was established within the Labour Inspection Department to oversee the development of modern strategic inspection plans. The Government also indicates that an inspection plan was prepared in 2018, with a view to covering all workplaces in the country. The Committee welcomes the Government’s further indication that there are now 12 interpreters in the Labour Inspection Department (an increase from the four previously noted by the Committee), able to speak the most common languages among migrant workers, and that the number of inspectors able to speak both Arabic and English has increased to 100 (from the 96 previously noted). There are currently 255 labour inspectors, ten administrative supervisors and five technical supervisors. The Committee notes that this represents a decrease in the number of labour inspectors previously noted by the Committee, and also notes the Government’s statement that this is due to a change in the Ministry’s structure in March 2016, the transfer of some inspectors to the Wage Protection Department as well as a focus by the Ministry of Administrative Development, Labour and Social Affairs on developing inspectors’ performance instead of focusing on the number of inspectors.

The Committee notes the Government’s indication that in the first eight months of 2018, 27,771 inspections were undertaken (13,855 labour inspections and 13,916 OSH inspections), resulting in 3,475 warnings to remedy a violation and 1,235 infringement reports. Approximately 70 per cent of inspections found no violations, and another 10 per cent resulted in the provision of guidance and advice. The Government indicates that most inspections undertaken were proactive and unannounced (22,410), and that 2,119 follow-up inspections were undertaken. The Committee requests the Government to pursue its efforts to develop and implement a clear and coherent national labour inspection policy, aimed at ensuring the protection of workers. Noting that no violations were detected during the majority of inspections, the Committee urges the Government to pursue its efforts with respect to strategic planning and the development of modern strategic inspection plans, and to provide further information on the manner in which it identifies priorities and targets for inspection. It also requests the Government to continue to provide information on measures taken to ensure the recruitment of labour inspectors and interpreters able to speak the languages of migrant workers, and on the number of labour inspectors, disaggregated by gender. Lastly, it requests the Government to continue to take measures to increase the coverage of inspection visits, including smaller workplaces employing vulnerable migrant workers, and to continue to provide information on the total number of inspections undertaken, specifically disaggregated between announced, unannounced and routine, and also between complaint-based, accident-based and follow-up inspections.

Articles 5(a), 17, 18 and 21(e). Effective cooperation between the labour inspectorate and the justice system, legal proceedings and effective enforcement of adequate penalties. The Committee previously noted a report commissioned by the Government recommending bolstering the powers of labour inspectors who, upon detecting non-compliance, only have the power to draw up infringement reports. These infringement reports are then referred to the courts for further action for any sanction to be applied. The Committee also noted that the outcome of most inspections was no further action and it welcomed the Government’s indication that it was prepared to consider other powers that may be granted to labour inspectors in order to enforce the law. Further, the Committee once again noted that no information had been provided on the specific penalties applied in cases where decisions had been handed down by courts.

The Committee notes the information provided by the Government in response to its previous request, concerning the increase in the number of infringement reports referred to courts which was 676 in 2015, 1,142 in 2016, 657 in the first six months of 2017 and 1,235 in the first eight months of 2018. The Committee also notes the statement in the Government’s report that it will communicate statistics on the outcome of cases referred to the judiciary by the Labour Inspection Department, but notes with regret that no such information has been provided despite the repeated requests from the Committee. The Committee notes the Government’s indication that the technical cooperation between the Government and the ILO includes a review of relevant legislation in order to strengthen the enforcement powers of labour inspectors and their collaboration with the judicial system in line with the Committee’s recommendations. The Committee requests the Government to take steps, in the context of the ongoing technical cooperation, to strengthen the effectiveness of enforcement mechanisms, including measures to provide enhanced enforcement powers to labour inspectors and further measures to promote effective collaboration with the judicial system (including the exchange of information on the outcome of cases referred to courts). In this respect, it once again urges the Government to provide the information requested on the outcome of cases referred to the judiciary by labour inspectors through infringement reports, including the penalties imposed by virtue of the Labour Law (acquittal, fines, including amounts, or prison sentences as applicable) and the legal provisions to which they relate, distinguishing these cases from those brought to court by workers themselves. It also requests the Government to provide comprehensive statistics on the other enforcement activities of the labour inspectorate.

Articles 5(a), 9 and 13. Labour inspection in the area of OSH. OSH inspections and preventive activities of the labour inspectorate. The Committee notes the information provided by the Government in response to its previous request that, in the first eight months of 2018, 13,916 OSH inspections were undertaken in 4,715 companies. The inspections undertaken resulted in 2,778 warnings to remedy infringements, 2,657 issuances of advice on OSH issues and 54 infringement reports. The Committee also notes with concern the Government’s indication that the rate of workers’ deaths in occupational accidents has increased significantly, rising to 117 deaths in 2017 (compared to 35 deaths in 2016, 24 in 2015 and 19 in 2014), and that the statistics provided on fatal accidents are not disaggregated by occupation or sector. The number of workers injured (with serious or moderately serious injuries) in occupational accidents in the first half of 2018 was 238 (compared to 245 during the same period in 2017). The Government indicates that it is taking a number of measures to reduce the rate of occupational injuries and accidents. This includes, in the context of the technical cooperation programme, steps to enhance the OSH system, implementation of an OSH policy, strengthening the training of OSH inspectors and carrying out competency tests for such inspectors, as well as awareness-raising campaigns on the means of prevention against occupational accidents. The Government indicates that these measures are necessary in view of the importance of strengthening the capacity of the Labour Inspection Department with respect to OSH in all sectors, including construction. The Government further indicates that the technical cooperation will include a gap analysis on the Occupational Safety and Health Convention, 1981 (No. 155), with a view to ratifying that instrument. Lastly, the Committee notes the Government’s statement that pursuant to section 100 of the Labour Law, inspectors have the authority to prepare an urgent report, to be referred to the Minister, if they detect an imminent danger in the workplace and that these reports will result in the Minister issuing a decision of partial or total closure until the hazard is removed, while requiring non-compliant employers to pay workers’ wages during the period of closure. The Committee urges the Government to take immediate measures to address the increase in the number of fatal occupational accidents, including further measures to strengthen the capacity of labour inspectors with respect to the monitoring of OSH. The Committee requests the Government to continue to provide information on the number of occupational accidents, including fatal occupational accidents, and to indicate for fatal occupational accidents the occupation or sector concerned (such as construction, energy or hospitality services). It requests the Government to continue to provide information on the preventive activities of the inspectorate and the number and type of OSH inspection visits undertaken (indicating whether they are announced, unannounced, routine, in response to a complaint or to an accident, or follow-up), the number of violations detected, the number of infringement reports issued and, in particular, the information previously requested concerning the follow-up given by the judicial authorities to such infringement reports. The Committee also requests the Government to provide information on the implementation in practice by labour inspectors of the power, in accordance with Article 13, to make orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers, indicating the number of urgent reports and closure decisions issued under section 100 of the Labour Law.

OSH in the construction sector. The Committee previously noted that the Supreme Committee for Delivery and Legacy and the Ministry of Administrative Development and Labour and Social Affairs concluded a Memorandum of Understanding (MoU) with Building and Wood Workers’ International (BWI) with the goal of protecting the OSH of workers in 2022 World Cup projects, and that joint field visits with BWI began in 2017.

The Committee notes the statistical information provided by the Government on the inspection visits undertaken to 2022 World Cup project sites. The Committee also notes the Government’s statement that collaboration with BWI is ongoing in order to review and evaluate training systems on OSH, but it observes an absence of information in reply to the Committee’s previous request on any further joint inspections undertaken. The Committee further notes the Government’s indication that approximately 50 per cent of occupational accidents in the first half of 2018 (118 out of 238 accidents) were caused by falls, a slight increase from the same period in 2017 (110 accidents representing 45 per cent). The Committee urges the Government to continue to strengthen the capacity of the labour inspectorate with respect to OSH in the construction sector and to provide information on the measures taken in that respect, including capacity building for OSH inspectors related to preventive measures protecting against falls from heights. In addition, the Committee once again requests the Government to provide detailed statistics on the number of joint inspections undertaken under the MoU with BWI and on their outcome.

Article 7. Recruitment and training of labour inspectors. The Committee notes the information provided by the Government on the training provided to labour inspectors in the first six months of 2018, including the number of participants and the type of training. It also notes the Government’s indication that training is one of the major elements of the technical cooperation between the Government and the ILO, and that this includes an analysis of training needs of inspectors and the formulation of a training plan. The Committee notes the Government’s statement that achieving enforcement of the Labour Law and its observance requires building the capacities of labour inspectors. The Committee further takes due note of a number of study visits planned for inspectors to learn about other systems of inspection, as well as an MoU signed with the United Kingdom Health and Safety Executive with respect to some of the capacity-building and development needs of inspectors. The Committee requests the Government to pursue its efforts to ensure that inspectors receive adequate training for the performance of their duties (noting that the total number of participants in training for the first six months of 2018 was less than one half of all inspectors). It requests the Government to continue to provide information on the training provided, including within the framework of the technical cooperation programme, specifying the number of labour inspectors that received training, the duration of such training and the subjects covered. It also requests the Government to provide further information on the recruitment process for labour inspectors, including the qualifications required and the induction training provided to new inspectors.

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