Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 81) sur l'inspection du travail, 1947 - Cabo Verde (Ratification: 1979)

Autre commentaire sur C081

Observation

Demande directe

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Articles 3(1)(a) and (b) and 13 of the Convention. Prevention and enforcement activities of the labour inspection services. The Committee notes that, in response to its previous comment on the preventive measures taken by the General Labour Inspectorate (IGT), the Government indicates that under the terms of section 16(1)(b) of the regulations of the IGT, established by Legislative Decree No. 55-2018 of 24 October, the IGT is responsible for ordering measures with immediate executory force in the event of imminent danger to the life, health or safety of workers. In this regard, the Committee notes that, in the construction sector, where most occupational accidents occur, in the event of a danger to the safety of workers, an order is given for the temporary suspension of activity and the employer is informed of the defects that must be remedied. The Committee also notes that the suspension measure is lifted once the employer has remedied these defects. The Committee requests the Government to provide information on the preventive measures taken in the event that the labour inspectorshave reasonable cause to believe that the defects observed in a workplace constitute a threat to the health or safety of the workers (Article 13(1)). The Committee also requests the Government to provide information on the number of preventivemeasures with immediate executory force taken in the event of imminent danger to the health or safety of the workers (Article 13(2)).

Articles 4, 10 and 11. Structure of the labour inspectorate. Human resources, material means and means of transport available to the needs of labour inspection. In response to the Committee’s previous comment, the Government indicates that the IGT is the central service of the State administration and that it is afforded administrative independence within the Ministry of Family, Inclusion and Social Development (MFIDS). The Government also indicates that the IGT has 19 inspectors, nine of whom are assigned to the central services on Santiago Island, five to the delegation on São Vicente Island and five to the delegation on Sal Island. The Government adds that the establishment of other regional delegations on the other islands is planned in accordance with the economic situation. The Committee notes this information and welcomes the increase in the number of labour inspectors since its last examination of the situation in 2016. The Committee requests the Government to continue to provide information on the number of labour inspectors and on the progress made towards the establishment of a regional labour inspection delegation on the islands which do not yet have one.

Article 17(2). Discretion of labour inspectors to give warning and advice or to institute or recommend proceedings. The Committee notes that, in response to its previous comment, the Government indicates that, in accordance with section 15 of the regulations of the IGT, labour inspectors can issue a report in case of an infringement to the rules they are entrusted to enforce. The Government indicates that under section 14(3) of the regulations of the IGT, within the framework of IGT training and guidance activities, and in compliance with IGT general guidelines, where the infringement detected has not yet caused irreparable damage to the worker, the labour inspector can, if deemed preferable, set a deadline to remedy this infringement. The Committee notes that the provisions of the regulations of the IGT adopted in 2018 thus leave to the discretion to the labour inspectors to give warnings and advice instead of instituting or recommending proceedings, in accordance with Article 17 of the Convention. The Committee notes this information, which responds to its previous request.

Article 18. Obstruction of labour inspectors in their duties. The Committee notes that the obstruction of labour inspectors in their duties is a criminal offence under Act No. 45/V/98 of 9 March, but that no cases of obstruction were reported in 2017-2018. The Committee notes this information, which responds to its previous request.

Articles 20 and 21. Publication and communication of an annual report containing statistical information on the activities of the labour inspection services. The Committee notes the information contained in the reports of the labour inspection services produced by the Government and welcomes the fact that statistics concerning the staff of the labour inspection service (Article 21(b)) are henceforth available. While the Committee notes that hospital departments are required to collect and report to the IGT data on occupational diseases that have been diagnosed, it nevertheless notes the absence of statistics on these diseases in the inspection reports (Article21(g)). Furthermore, the Committee notes the absence of statistics concerning all the workplaces liable to inspection and the number of workers employed therein (Article 21(c)). The Committee requests the Government to continue to provide the reports of the labour inspection services and to ensure that they contain information on all the subjects listed in Article 21, including statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)) and of occupational diseases (Article 21(g)).