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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous observation, which read as follows:

1. Articles 1 and 3 of the Convention. Labour inspection system. The Committee notes the adoption of the 2003 Occupational Health and Safety Act, which establishes, among other things, the powers, rights and obligations of the inspectors responsible for enforcing the Act (sections 5 to 11), and the adoption of the 2004 Labour Institutions Act, Part VI (sections 43 to 49) of which is devoted to labour administration and the labour inspectorate which is responsible for enforcing labour legislation.

2. Articles 10, 20 and 21. Staff of labour inspection services and annual report on their work. The Committee notes  that the number of labour officers rose from 74 in 2006 to 87 in 2007, that they cover the whole country and, according to the Government, act as labour inspectors. It further notes that the 2004 Act provides that “There shall be as many labour officers as are necessary to administer and enforce the labour laws” (section 43(4)). The Committee points out that for this purpose there should be a regular update of the total number of workplaces liable to inspection by these officials and by inspectors responsible for occupational health and safety, and of the number of workers employed in them. The Committee further points out that the information to be included in the annual report on the work of the inspection services, pursuant to Article 21 of the Convention, should make it possible to gain a general understanding of how the system works, to analyse obstacles and constraints, to identify priority needs and to determine the budgetary allocations needed to meet them. The Committee again expresses the hope that the Government will be in a position in the near future to publish such a report, with technical assistance from the ILO if necessary, and to send a copy of it.

3. Article 12, paragraph 1(a). Right of inspectors to enter workplaces freely. Timing of inspection visits. The 2004 Labour Institutions Act provides that a labour officer may, with the prescribed certificate of authorization, “at any reasonable time” enter any premises (section 45(1)(a)). The Committee refers to its 2006 General Survey on labour inspection (paragraphs 268–271), and points out that the purpose of the abovementioned provisions of the Convention, which provide that inspectors “shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection” is to allow inspectors to carry out inspections where necessary and possible in order to ensure the protection of workers and in accordance with the technical requirements of inspection. Inspectors must also have the authority to decide when inspection of the workplace is appropriate. Consequently, the Committee requests the Government to specify in its next report the practical scope of the expression “at any reasonable time” used in the 2004 Labour Institutions Act and to indicate how it is ensured that it is the labour officer who decides whether the time of the visit is reasonable.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.