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

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

Autre commentaire sur C081

Observation

Demande directe

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Articles 1, 4, 5(a), 16 and 19 of the Convention. Labour inspection system. Supervision and control by a central authority. Effective cooperation between inspection services. The Committee previously noted that, according to a 2009 needs assessment undertaken by the ILO, there are two distinct inspection branches, the Occupational Safety and Health Authority (OSHA) and the Labour Administration and Inspection Section (LAIS), each with a separate field structure. While the needs assessment noted that cooperation existed in the regional structure of the OSHA and LAIS, there is little communication between the central level and regional offices.

The Committee notes the Government’s indication, in response to its previous request, that coordination of labour inspection services in the areas of general working conditions and occupational safety and health (OSH) matters is done in terms of resources and information sharing, and the execution of joint inspection programmes. The Government states that employment and labour matters are placed under the Prime Minister’s Office and that directives have been given to the relevant inspectorate authorities in order to give effect to the coordination, collaboration and coherence of labour inspection services and activities at the central and regional levels, with a view to avoiding duplication and reducing the workload of employers subject to a number of inspections. The Committee recalls that in its 2006 General Survey, Labour inspection, it underlined that attaching the labour inspectorate to a central authority facilitates the establishment and application of a single policy throughout the country and makes it possible to use available resources in a rational way (paragraph 140) and it highlighted the need to encourage cooperation between different inspection services by the competent authority (paragraph 152). The Committee therefore requests the Government to provide further detailed information on the manner in which the labour inspection services in the areas of OSH and general working conditions are coordinated, providing information on the coordination between OSHA and LAIS at both the central and regional levels, including information on the specific directives issued and the joint inspection programmes undertaken. It further requests the Government to provide information on the manner in which the LAIS exercises control and supervision over the field structure of inspectors, as well as any measures taken or envisaged to strengthen communication between the central and regional offices.

Article 5(b). Collaboration between labour inspectors and employers and workers or their organizations. The Committee notes the Government’s indication, in reply to its request concerning the application of the OSH Act, that safety and health committees are forums for consultation and cooperation between employers, members of those committees and OSH inspectors. The Government states that such committees have a positive impact on matters related to initiating, developing, maintaining and reviewing measures to ensure the health and safety of employees at work, and prevention of occupational risks at large. The Committee once again requests further information on the application of the OSH Act in practice, particularly regarding the implementation of the right to accompany inspectors on any inspection (section 12(9)), the requirement that labour inspectors disclose relevant information to OSH representatives and committees (section 5(4)(c)), and the provision that labour inspectors may request the holding of an OSH committee (section 13(5)).

Articles 6, 7 and 10. Recruitment, conditions of service and training of inspection staff. The Committee notes the Government’s indication, in reply to the Committee’s previous request, that as of 2015–16, there were 93 labour officers (up from 71 in 2012–13), including 36 female officers. The Government states that the conditions of service and recruitment of labour officers are governed by public service laws and regulations, that they are recruited from a number of different disciplines, and that an initial training on labour administration and inspection, as well as the ethics of public service, is given upon appointment. The Government provides information on the structure and grades of labour officers, indicating that promotion is subject to educational requirements, experience, performance and budgetary considerations. The Committee requests the Government to continue to provide information on the number of labour inspectors, specifically indicating the number of labour officers performing labour inspection functions, as well as the number of OSH inspectors. The Committee also requests that the Government provide information on ongoing efforts to improve training of inspection staff, including through the ongoing UN Development Assistance Plan (UNDAP)–ILO project “Enhancing implementation of labour standards in an effort to promote decent work and productivity benefits for employers and workers in the United Republic of Tanzania”.

Articles 11 and 16. Labour inspection resources and sufficient number of labour inspection visits. The Committee notes the information provided by the Government, in reply to its previous request, that in the 2015–16 period, 2,368 labour inspection visits were conducted. The Committee also notes the Government’s statement that it is coordinating inspection visits with a view to avoiding duplication and reducing the workload of employers subject to a number of inspections. Recalling that, in accordance with Article 16 of the Convention, workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee requests the Government to continue to provide information on the number of labour inspections undertaken, distinguishing between the number of inspections undertaken by the LAIS and the OSHA, as well as distinguishing between routine, follow-up and reactive inspections. It also requests the Government to provide information regarding the number of workplaces liable to inspection and the number of workers employed therein. Lastly, the Committee once again requests that the Government provide detailed information regarding the material and logistical resource situation throughout the territorial structures of the LAIS and OSHA.

Article 12(1)(a). Right of inspectors to enter workplaces freely. Timing of inspections. The Committee previously requested that the Government indicate 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. It noted in this respect the Government’s previous indication that guidelines on labour inspection had been drafted to this end, which were awaiting tripartite consultation before submission to the Minister for approval. Noting an absence of information in this respect, but taking into consideration the developments described below concerning inspections undertaken without previous notice, the Committee once again requests the Government to provide information on the manner in which it ensures that labour inspectors are entitled to enter freely at any hour of the night or day any workplace liable to inspection, including any guidelines developed on this subject.

OSH inspections. The Committee previously noted that, according to the 2009 audit, section 5 of the Occupational Health and Safety Act of 2003 appeared to be interpreted in practice as requiring a special delegation by the Chief OSH inspector for all OSH inspections. The Committee requests the Government to provide information on whether, in practice, OSH inspectors require delegation by the Chief OSH inspector prior to undertaking an inspection.

Previous notice. The Committee previously noted that, according to the 2009 audit, despite legislative conformity with the Convention, routine inspections are usually announced in advance to employers. In this respect, the Committee notes with interest the Government’s indication that out of 2,368 labour inspections conducted in 2015–16, 2,345 were conducted without prior notice being given to employers (approximately 99 per cent of all inspections).

Articles 17 and 18. Legal proceedings and effective enforcement of penalties. The Committee previously noted that labour inspectors were only able to apply administrative sanctions when infringements were observed in limited situations (in the event of repeated non-compliance with an order to stop work or prohibit the use of certain hazardous equipment, on the condition that employers sign a document admitting the infraction). It noted that labour law violations have to be brought to the courts in accordance with the relevant procedure in case of infractions, and that labour inspectors must receive special certification from the Directorate of Public Prosecutions in order to prosecute a violation before the courts.

The Committee notes the Government’s indication that the Employment and Labour Relations Act No. 6 of 2004 and the Labour Institutions Act No. 7 of 2004 have been amended to introduce administrative sanctions to be applied by labour officers in case of contraventions of provisions of the labour laws, and that regulations are being prepared to give effect to this. In this respect, the Committee notes with interest the 2016 amendment of the Labour Institutions Act, inserting section 45A, which provides that a labour officer may, if satisfied that any person has not complied with any provision of the labour laws or regulations made under the Act, by order, compound such offences by requiring such person to make a payment of not less than 100,000 Tanzanian shillings (approximately US$43). The Committee also notes the indication in the Government’s report that a total number of 504 compliance orders were issued in 2015–16, that 19 employers were prosecuted, and that cooperation between the Labour Court, the Department of Labour and the social partners has deepened through performance evaluation meetings held by the Labour Court. The Committee requests the Government to provide information on the application in practice of section 45A of the Labour Institutions Act (as amended), indicating the number and value of fines applied by labour inspectors under this provision. The Committee also requests that the Government continue to provide statistics of violations reported, compliance orders issued and the penalties imposed as well as information regarding measures to strengthen cooperation between judicial authorities and the labour inspectorate.

Articles 20 and 21. Annual labour inspection reports. The Committee previously noted from the 2009 audit that the compilation of an annual report seemed to be conditional on availability of external funds, that tools for the systematic compilation of statistics did not seem to be in place, and that an updated register of workplaces was not yet available at the central level.

The Committee notes the Government’s indication, in reply to the Committee’s request, that annual inspection reports for 2011–12 and 2013–14 were prepared under the auspices of UNDAP and the ILO Country Office, and that measures are being taken to prepare the report for the 2015–16 period, which will be communicated to the Office. The Committee also notes the Government’s indication that the establishment of a coherent register of workplaces is not complete, but that the determination of workplaces liable to inspection is facilitated by the availability of a central register of establishments of the National Bureau of Statistics and information concerning registered employers and businesses with the Social Security Funds, the Tanzania Revenue Authority and the Business Registration and Licensing Authority. The Committee requests that the Government strengthen its efforts to publish and communicate to the ILO annual labour inspection reports on a regular basis (Articles 20 and 21 of the Convention), including all subjects covered in Article 21(a)–(g). It requests the Government to provide information on the measures taken for this purpose, including the updating of a register of workplaces.