Labour Inspection Convention, 1947 (No. 81) - Uruguay (RATIFICATION: 1973)

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A Government representative emphasized the support of his country for the ILO's standards. He pointed out that Uruguay was one of the countries that had ratified the most Conventions and was constantly receiving ILO technical cooperation, which had assisted in achieving progress in such important areas as labour inspection. He emphasized that the Committee provided a valuable opportunity to provide information on labour inspection. Nevertheless, he added that many of the comments of the Committee of Experts were no longer valid, as the situation had changed.

With regard to the conformity of the national legislation with Article 6 of the Convention, and particularly its final phrase concerning "improper external influences", he believed that the point at issue was strictly confined to legal problems and problems of interpretation, since the legal and administrative provisions were in accordance with the provisions of the Convention. Indeed, Decree No. 680/77 issuing regulations respecting the conditions of service of inspectors, prohibited labour inspectors from having any direct or indirect interest in the enterprises under their supervision. The central provision of section 495 of Act No. 15.809 of 1986 provided for the powers of the executive authority to establish a system of exclusive assignment, of an obligatory or optional nature, to the inspection functions of the general labour and social security inspectorate and departmental heads in the Ministry of the Interior, who had been assigned to inspection functions. The public servants covered by the system had to complete a working week of not less than 40 hours and could not undertake either directly or indirectly any public or private paid activity, with the exception of teaching in public institutions. Public servants covered by this system received additional remuneration equivalent to 50 per cent of their monthly salary for a 40-hour week. Implementing this legal authority, the Executive had issued Decree No. 322/86 establishing the system of exclusive and compulsory assignment for inspectors and departmental heads of regional agencies within the country discharging inspection functions. Subsequently, Act No. 16.226 of 1991 had been adopted which, in section 290, provided for the possibility of officials in the general labour inspectorate to undertake other types of activities unrelated to their inspection functions, provided that they were declared to their institutions and they refrained from participating in that capacity in matters which were directly or indirectly related to their private activities, so that they could discharge their functions when so required. This new provision partially repealed section 495 of Act. No. 15.809. Nevertheless, there was no obligation under Article 6 of the Convention to establish a system of exclusive assignment of public officials to inspection duties. When issuing this provision, the State had taken special care to prevent any conflict of interests which might arise in the event of an inspector working in areas related to her or his public functions, so that the separation was clear and guarantees were established for the administration, inspectors and those subject to supervision. The obligation to declare activities unrelated to inspection functions ensured transparency. The provision in question did not reduce the threefold administrative, penal and civil responsibility of labour inspectors, as set out in the general provisions.

In short, the social and legal safeguards that the term "improper external influences" was intended to guarantee were explicitly provided for. The view that section 290 was a backward step in achieving the professionalism and technical improvement of inspectors could be advanced, on the assumption that the exclusive assignment to these duties, by not being total, permitted inspectors to devote part of their time to other types of activities, thereby affecting the efficiency of their inspection functions. In the final analysis, this was a matter of opportunity, rather than legal provisions.

The report also addressed the wage differences between labour inspectors and inspectors of other administrative institutions. This consisted of a wage claim that could not be related to any alleged incompliance with the Convention No. 81. With regard to the guarantees of employment stability, he noted that labour inspectors were public officials, which guaranteed the employment stability and independence provided for in the Constitution. This implied guaranteed employment for public servants, who could only be dismissed for ineptitude, omissions or offences proven by administrative process, and for which the approval of the Senate was required.

The second matter addressed by the Committee of Experts concerned the staffing of the labour inspectorate and the determination of priorities. He emphasized that there was a clear political will to revalue the inspectorate. Labour inspection had been and would continue to be directly exercised by the State. In recent years, the staff of the inspectorate had increased by 25 per cent. With regard to their geographical distribution, 18 per cent of inspectors were based in the country and the others in metropolitan areas. He said that he knew of no parameters that had been agreed upon setting standards for the number of inspectors considered adequate to cover labour inspection.

The Committee of Experts then noted that the Government had not replied to the comments of the trade union organization that the efforts of the labour inspection to improve its efficiency were concentrated in the construction sector, to the detriment of other sectors. This was due to the high level of injuries in the sector. As a result of the constant work carried out by the tripartite construction board, the adoption of legal standards and the international cooperation provided by the ILO, this injury rate had been considerably reduced. At the present time, the areas in which inspectors operated were very broad. By way of illustration, in recent years the number of inspections had increased in various sectors, such as ports, rice production, sugar plantations and forests, and attention had been paid to such issues as the informal sector and child labour. He emphasized the constant training effort that was made for inspectors and the establishment of participatory forums for the direct involvement of stakeholders, such as the tripartite boards in the construction, forestry and port sectors, the national occupational safety and health council and the committee for the eradication of child labour.

The Employer members noted that this was the first time that the Conference Committee was considering this case. The law permitted labour inspectors to carry out other activities. The extent to which these other activities were carried out and the number of staff involved was unclear. The Committee of Experts had noted that in two branches of industry the number of staff seemed to be insufficient, and requested further detailed statistics disaggregated by geography and industry. The Employer members stressed the importance of collecting and publishing such statistics. With regard to the current shortcoming in reporting, the Employer members stressed that reporting provided an important basis for developing policy on occupational safety and health.

The Employer members stated that it could be dangerous to mix inspection duties with other remunerated activities. The Government had stated that the labour inspectors took on other paid work because they needed the extra income. Working conditions of labour inspectors needed to be adequate to guarantee their independence. In this case, material conditions of work were not sufficient and a danger existed that the inspector could be influenced. But it was difficult to verify.

Independence had to be guaranteed, but one had to be realistic. The regulations in Uruguay had the advantage of transparency - the practice was known, and the extent, content and possible conflicts were verifiable. Such a practice could be permitted if the supplemental employment was carried out in an entirely different area from the inspector's official duties. Lastly, they agreed with the Committee of Experts on all other points raised in the observation.

The Worker members noted that Convention No. 81 was important in itself, but also for implementing many other international labour standards such as safety and health, payment of wages, and the rights of indigenous peoples. They noted the new developments mentioned in the statement of the Government representative, wondered why this information had not been included in the report, and reserved comment for after the Committee of Experts' review.

Concerning Articles 3 and 6, they stated that safeguards could be created to ensure the independence of labour inspectors. Nonetheless, if an inspector had two jobs, it was doubtful that he or she could perform both well, particularly in the light of the heavy workload inspectors carried. The Worker members were struck by the figures given on the number of inspectors, which did not match those figures given by the Committee of Experts. They noted in particular the spectacular decrease in the coverage of the population by labour inspectors.

The Worker members attached great importance to Government reports on the labour inspectorate, as they provided a chance to see what was actually going on from the statistics provided. Consequently, there was a great need for reliable statistics.

The Worker member of Uruguay emphasized the strategic importance of Convention No. 81 which provided for the existence of a body supervising compliance with the rules for the protection and defence of the rights of workers. In order to ensure the proper execution of this function, the respective bodies should be composed of staff with political and technical independence, enjoying stability of employment, technical training and the necessary means of transportation. The low salaries of labour inspectors and the lack of interest by the Administration in this Convention had resulted in the adoption in 1991 of Act No. 16.226 allowing labour inspectors to have a second employment in the private sector, with the exception of advising on labour matters. This clearly demonstrated that the salaries of inspectors were insufficient to meet their basic needs, that the administration was not interested in this matter and that, in practice, the real second employment was that of labour inspector, that the Ministry of Labour and Social Security did not have a mechanism to ensure that such second employment did not consist of advising enterprises, with all the implications which this might have. Labour inspectors were willing to work only as inspectors, receiving an appropriate salary for their level of responsibility, without suffering discrimination in respect of other inspectors in the public administration. Another aspect which showed the Government's lack of interest in labour inspection was that the current number of inspectors was 100 for the whole country, 30 of whom were assigned to inspecting occupational safety and health conditions in all the enterprises in the national territory, with the remaining 70 inspecting general labour conditions. The number of inspectors was insufficient, aggravated by budgetary constraints, which meant that inspection could not be carried out in rural areas. This year, the monthly budget for travel to carry out inspections in rural areas amounted to one-third of the respective budget three years ago. The lack of interest in labour inspection was aggravated by the policy of deregulation and the increased flexibility of laws protecting workers. In recent years, in the construction sector, due to the labour conditions and the absence of safety measures, many accidents had occurred, which had increased social concern on this subject, with the result that the Government had had to create stricter inspection mechanisms drastically reducing attention in other areas of inspection. He requested the Government to make efforts to extend inspection to all areas and activities in the country, and especially rural areas, where the highest accident rates were found.

He indicated that there were no legal provisions giving effect to Article 21 of the Convention, in particular with regard to industrial accidents and occupational diseases. The Government did not publish statistics of industrial accidents, which made it more difficult to implement protection and prevention programmes in that field.

The Worker member of France deeply regretted the excessive time constraints which had restricted the discussion in the Committee and asserted that the Government of Uruguay should not be surprised by the fact that it had to appear before the Committee, taking into account the consequences that the non-application of Convention No. 81 could have on the application of many other ILO Conventions. The reply by the Government representative, which did not contain any figures, merely confirmed the validity of the Committee of Experts' observations. It was undeniable that the necessity for labour inspectors to take up another job was in flagrant contradiction with the principle of their independence. Moreover, the necessity for public officials to work longer than their normal 40 hours proved that their conditions of work were deteriorating. Such a situation was undeniably a symptom of disregard for the Convention.

The Government member of Argentina, speaking on behalf of the MERCOSUR countries, welcomed the efforts made by the Government of Uruguay to improve its national standards. He emphasized that Uruguay had always complied strictly with its international obligations. He indicated that, within the framework of the regional system, joint measures had been taken in four countries to improve the system of labour inspection in agriculture and construction, with the objective of establishing common administrative procedures for these activities, as well as a set of requirements for the recruitment of labour inspectors. He expressed his firm hope that, taking into account the tradition of compliance in Uruguay, these discrepancies between the legislation and the Convention would be resolved in the very near future.

The Government representative indicated that he did not agree with the statement made by the Worker member of his country, and undertook to provide full information concerning the application of Articles 20 and 21 of the Convention. He added that his Government would respond appropriately to the questions raised after conducting the necessary tripartite consultations.

The Committee took note of the oral information provided by the Government representative and of the discussion which ensued. The Committee noted the legislative provisions which authorized labour inspectors to carry out another professional activity. It requested the Government to take the necessary measures, including in respect of conditions of work, to ensure that labour inspectors were assured, in law and in practice, of stability of employment and were independent of improper external influences, in conformity with Articles 3, paragraph 2, and 6, of the Convention. Such measures should aim at ensuring equality of treatment with other comparable inspection services. The Committee also considered it urgent that the Government took measures with a view to reinforcing the facilities and staff of inspection services, not only in the construction sector, but also in other economic sectors involving risks to the health and security of workers employed there. The Committee also recalled the Government's obligation to ensure that the central labour inspection authority published and communicated to the ILO, within the required time limits, an annual inspection report, the objectives of which, at both the national and international levels, were clearly described in paragraphs 272 et. seq. of the Committee of Experts' General Survey of 1985. The Committee finally emphasized the importance of the Convention for the application of other ILO Conventions. The Committee requested the Government to provide full information, including statistics in its next report, on the progress achieved in the application of the Convention.

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Previous comments

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the Ibero–American Confederation of Labour Inspectors (CIIT) concerning both Conventions, received on 31 August 2023, and the Government’s reply thereto.

Legislation. The Committee notes the Government’s indication in its report that, on 16 November 2022, Decree No. 371/022 (Regulation of laws regarding the competence and procedure of the General Labour and Social Security Inspectorate), which repeals Decree No. 680/977 (Regulation of international Conventions Nos 81 and 129, on labour inspection in industry, commerce and agriculture).

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Number of labour inspectors and labour inspections. Frequency and thoroughness of inspections. With reference to its previous comment, the Committee notes that according to the Government’s indications, in 2023 there were 54 inspectors in the General Labour Conditions (CGT), Division of the General Labour and Social Security Inspectorate (IGTSS) (44 in 2020) and 39 inspectors in the Environmental Working Conditions (CAT) of the IGTSS (58 in 2020). The Committee notes that according to the CIIT, the agreement concluded by the Ministry of Labour and Social Security (MTSS) and the Association of Labour Inspectors of Uruguay (AITU) in 2015 and contained in Decree No. 340/015, which is currently in force, establishes a staffing structure of 66 inspectors in each Division, thus current staff numbers are 32 per cent below the figure established in the agreement. While noting the challenges related to the COVID-19 pandemic, the CIIT also indicates that the current government administration (2020–25) has not made calls for the admission of labour inspectors and that there will probably not be any admissions before the end of this administration. Consequently, the number of inspectors continues to fall and will continue to do so, since, at present, 17 inspectors are over 60 years of age and legally eligible for retirement benefits. The Committee notes the Government’s indication in its reply to the observations of the CIIT that the decrease in the number of inspectors has at no time impaired the effective functioning of the inspection service and that, on the contrary, the activities of the three constituent divisions of the IGTSS have increased in relation to 2019: in 2022, the CGT carried out 16,863 activities (an increase of 38.6 per cent in relation to 2019), the CAT carried out a total of 8,828 activities (+24.3 per cent) and the Legal Division processed 19,387 files (+7.4 per cent). The Government indicates that the MTSS intends to launch a competition immediately to fill the labour inspector vacancies as soon as possible and to create, in September 2023, a joint body constituted by the AITU and the IGTSS for the purpose of establishing, as soon as possible, the most appropriate way to conduct the competitions. The Committee requests the Government to continue to provide information on: (i) progress made in filling vacant posts and the recruitment of new inspectors; and (ii) the number of inspectors in post and the number of sanctioned posts in each division.

The Committee notes that Decree No. 371/022 establishes three inspection methods: the traditional method, which consists of an in-person visit to the workplace; inspection by summons, which entails the parties appearing before the IGTSS; and the use of electronic data verification mechanisms through the documentation or information systems available to the MTSS. The Committee requests the Government to continue to provide information on the number of inspections conducted, disaggregated by inspection method used.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the inspection services. Further to its previous comments, the Committee notes that the Government provides a copy of the IGTSS report for 2022 and a joint publication issued by the Statistical Unit of the MTSS and the IGTSS. The Committee also notes that those documents contain information on the number of inspection visits to enterprises, including agricultural enterprises (Article 21(d) of Convention No. 81 and Article 27(d) of Convention No. 129) and the number of occupational accidents (Article 21(f) of Convention No. 81 and Article 27(f) of Convention No. 129). In this regard, the Committee notes that under strategic objective 3.4 of the Proposed Strategic Plan for the IGTSS 2024-2025, the aim is to enhance the visibility of IGTSS actions through the publication of the MTSS website of the annual report on the work of the inspection services (action no. 3.4.4). The Committee again requests the Government to take the necessary measures to ensure that future annual reports on the inspection services are published and deal with all matters specified in Article 21 of Convention No. 81 and Article 27 of Convention No. 129, including those concerning inspection staff (Article 21(b) of Convention No. 81 and Article 27(b) of Convention No. 129); statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129); statistics of violations and penalties imposed (Article 21(e) of Convention No. 81 and Article 27(e) of Convention No. 129); and statistics of occupational diseases (Article 21(g) of Convention No. 81 and Article 27(g) of Convention No. 129).

Matters specifically relating to labour inspection in agriculture

Article 9(3). Adequate training for labour inspectors.Further to its previous comments on the specific training provided to labour inspectors in agriculture for the performance of their duties and noting the absence of information in this regard, the Committee once again requests the Government to provide information on the duration and content of the training provided, and on the number of participants. Furthermore, the Committee requests the Government to provide information regarding the specific training available to labour inspectors in order to provide training to employers and workers on proper compliance with Decree No. 321/009 of 9 July 2009 regulating safety and health in agriculture (see section 5 of the Decree).

Article 17 of Convention No. 129. The preventive role of labour inspection. Noting once again the absence of information in this regard, the Committee requests the Government to provide information on the measures adopted by the competent authority to determine the cases and conditions in which labour inspection services in agriculture should be involved in the preventive control of new plant, materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety.

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year (see Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129 below), as well as on the basis of the information at its disposal in 2019.

In order to provide a comprehensive view of issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Labour inspection: Conventions Nos 81 and 129

Article 6 of Convention No. 81 and Article 8 of Convention No 129. Legal status and conditions of service of labour inspectors. Further to its previous comments, the Committee notes the Government’s indication in its report that coordinators (persons responsible for organizing work teams of inspectors) are public officials and that there are currently five coordinators in the General Working Conditions Division (CGT Division) and another five in the Environmental Working Conditions Division (CAT Division). In this regard, it also notes the Government’s indication that coordinators are labour inspectors who entered service via a competition and that from here they rose to the rank of coordinator (grade 10). The Government explains that labour inspectors enter service at grade 7 or 8, depending on the division to which they are posted, and that grade 12 corresponds to the post of director.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Number of labour inspectors and labour inspections. Frequency and thoroughness of inspections. The Committee previously noted the reduction in the number of labour inspectors (from 147 in 2011 to 126 in 2013, and to 120 in 2016). With regard to its previous comments, the Committee notes the Government’s indication that in 2019 there were 110 labour inspectors, with 55 assigned to the CGT Division and the other 55 assigned to the CAT Division and that in 2020, there were 102 labour inspectors (44 in the CGT Division and 58 in the CAT Division). The Committee also notes that, according to the information available in the annual reports of the Ministry of Labour and Social Security (Ministry of Labour), the number of labour inspections was 16,155 in 2016 (6,340 by the CAT Division and 9,815 by the CGT Division), 12,746 in 2017 (5,237 by the CAT Division and 7,509 by the CGT Division) and 16,711 in 2018 (5,647 by the CAT Division and 11,064 by the CGT Division). The Committee further notes the Government’s replies to the observations made by the Inter-Union Assembly of Workers – Workers’ National Convention (PIT–CNT) concerning the insufficient frequency of labour inspections in agriculture. In this regard, the Committee notes the indication that there have been increases in the number of inspection proceedings, the presence of labour inspectors based in the departments, the number of operations relating to harvesting and the amount of support from Montevideo. The Committee requests the Government to indicate the reasons for the reduction in the number of labour inspectors between 2011 and 2020 and to indicate whether any measures are envisaged to increase the number of staff. It also requests the Government to continue providing information on the number of labour inspectors and to send up-to-date information on the geographical distribution of inspectors and the number of labour inspection operations, differentiating between inspection visits and other inspection activities, and stating the number of inspections in agricultural undertakings. The Committee further requests the Government to include information on labour inspection staff and inspections in future annual reports on the work of the inspection services, in accordance with Article 21(b) and (d) of Convention No. 81 and Article 27(b) and (d) of Convention No. 129.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the inspection services. The Committee notes that the 2018 annual report of the Ministry of Labour (available on its website) contains a chapter on the work of the labour inspection services. The Committee requests the Government to take the necessary steps to ensure that future annual reports on the work of the inspection services deal with all the matters specified in Article 21 of Convention No. 81 and Article 27 of Convention No. 129, including with regard to: inspection staff (Article 21(b) of Convention No. 81 and Article 27(b) of Convention No. 129); statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129); statistics of inspection visits (Article 21(d) of Convention No. 81 and Article 27(d) of Convention No. 129); statistics of violations and penalties imposed (Article 21(e) of Convention No. 81 and Article 27(e) of Convention No. 129); and statistics of occupational diseases (Article 21(g) of Convention No. 81 and Article 27(g) of Convention No. 129).

Matters specifically relating to labour inspection in agriculture

Articles 17, 18 and 19 of Convention No. 129. Preventive function of labour inspection. Once again noting the absence of information in this respect, the Committee requests the Government to provide information on the measures taken by the competent authority to determine the cases and conditions in which the labour inspection services in agriculture should be associated in the preventive control of new plant, materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, in accordance with Article 17 of Convention No. 129.

Article 9(3). Adequate training for labour inspectors. Further to its previous comments, the Committee notes the Government’s indication that all labour inspectors receive ongoing training in their areas of duty and specifically with regard to agriculture. It also notes the Government’s indication that, since the adoption of Decree No. 321/009 regulating safety and health in agriculture, meetings are held and awareness-raising is provided for workers and employers on a tripartite basis. The Committee further notes the information provided by the Government on training for labour inspectors in 2018 and 2019, including the specific themes and areas covered. The Committee requests the Government to provide further information on the training given to labour inspectors for the performance of their duties in agriculture, stating the duration, content and number of participants, and also specific training available to labour inspectors in order to provide awareness-raising for employers and workers under the provisions of section 5 of Decree No. 321/009.

Labour administration: Convention No. 150

Article 4 of the Convention. Structure and operation of the system of labour administration. In its previous comments, the Committee asked the Government to provide information on the repercussions of the structural changes introduced by Decree No. 280/013, approving the plan of the Ministry of Labour to restructure its administration and create new posts, on the organization and efficiency of the operation of the labour administration system. The Committee notes the Government’s indication in this respect that Decree No. 280/013 has made it possible to rationalize and determine the offices necessary for the performance of tasks, and to apply the use of new technologies to Ministry of Labour objectives. In this regard, the Committee notes the information sent by the Government with regard to: (a) the new structure of the Ministry of labour, including its component units and its responsibilities and goals; (b) the introduction of the electronic form in the administrative procedure and the ensuing obligation of employers to create an electronic domicile at the Ministry of Labour; (c) the adoption of regulations regarding the unified work template for employers and workers; (d) the measures taken to facilitate and improve public access to Ministry of Labour processes and services; and (e) the Ministry of Labour strategic guidelines for 2015–20.

Article 5. Consultation, cooperation and negotiation at the regional and local levels. Noting the absence of information in this regard, the Committee once again requests the Government to indicate the measures taken with a view to ensuring, at both the regional and local levels, consultation, cooperation and negotiation between public authorities and the most representative organizations of employers and workers, or their representatives.

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In order to provide a comprehensive view of issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Labour inspection: Conventions Nos 81 and 129

Article 6 of Convention No. 81 and Article 8 of Convention No 129. Legal status and conditions of service of labour inspectors. Further to its previous comments, the Committee notes the Government’s indication in its report that coordinators (persons responsible for organizing work teams of inspectors) are public officials and that there are currently five coordinators in the General Working Conditions Division (CGT Division) and another five in the Environmental Working Conditions Division (CAT Division). In this regard, it also notes the Government’s indication that coordinators are labour inspectors who entered service via a competition and that from here they rose to the rank of coordinator (grade 10). The Government explains that labour inspectors enter service at grade 7 or 8, depending on the division to which they are posted, and that grade 12 corresponds to the post of director.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Number of labour inspectors and labour inspections. Frequency and thoroughness of inspections. The Committee previously noted the reduction in the number of labour inspectors (from 147 in 2011 to 126 in 2013, and to 120 in 2016). With regard to its previous comments, the Committee notes the Government’s indication that as things stand in 2019 there are 110 labour inspectors, with 55 assigned to the CGT Division and the other 55 assigned to the CAT Division. The Committee also notes that, according to the information available in the annual reports of the Ministry of Labour and Social Security (Ministry of Labour), the number of labour inspections was 16,155 in 2016 (6,340 by the CAT Division and 9,815 by the CGT Division), 12,746 in 2017 (5,237 by the CAT Division and 7,509 by the CGT Division) and 16,711 in 2018 (5,647 by the CAT Division and 11,064 by the CGT Division). The Committee further notes the Government’s replies to the observations made by the Inter-Union Assembly of Workers – Workers’ National Convention (PIT–CNT) concerning the insufficient frequency of labour inspections in agriculture. In this regard, the Committee notes the indication that there have been increases in the number of inspection proceedings, the presence of labour inspectors based in the departments, the number of operations relating to harvesting and the amount of support from Montevideo.

The Committee requests the Government to indicate the reasons for the reduction in the number of labour inspectors between 2011 and 2019 and to indicate whether any measures are envisaged to increase the number of staff. It also requests the Government to continue providing information on the number of labour inspectors and to send up-to-date information on the geographical distribution of inspectors and the number of labour inspection operations, differentiating between inspection visits and other inspection activities, and stating the number of inspections in agricultural undertakings. The Committee further requests the Government to include information on labour inspection staff and inspections in future annual reports on the work of the inspection services, in accordance with Article 21(b) and (d) of Convention No. 81 and Article 27(b) and (d) of Convention No. 129.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the inspection services. The Committee notes that the 2018 annual report of the Ministry of Labour (available on its website) contains a chapter on the work of the labour inspection services. The Committee requests the Government to take the necessary steps to ensure that future annual reports on the work of the inspection services deal with all the matters specified in Article 21 of Convention No. 81 and Article 27 of Convention No. 129, including with regard to: inspection staff (Article 21(b) of Convention No. 81 and Article 27(b) of Convention No. 129); statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129); statistics of inspection visits (Article 21(d) of Convention No. 81 and Article 27(d) of Convention No. 129); statistics of violations and penalties imposed (Article 21(e) of Convention No. 81 and Article 27(e) of Convention No. 129); and statistics of occupational diseases (Article 21(g) of Convention No. 81 and Article 27(g) of Convention No. 129).

Matters specifically relating to labour inspection in agriculture

Articles 17, 18 and 19 of Convention No. 129. Preventive function of labour inspection. Once again noting the absence of information in this respect, the Committee requests the Government to provide information on the measures taken by the competent authority to determine the cases and conditions in which the labour inspection services in agriculture should be associated in the preventive control of new plant, materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, in accordance with Article 17 of Convention No. 129.

Article 9(3). Adequate training for labour inspectors. Further to its previous comments, the Committee notes the Government’s indication that all labour inspectors receive ongoing training in their areas of duty and specifically with regard to agriculture. It also notes the Government’s indication that, since the adoption of Decree No. 321/009 regulating safety and health in agriculture, meetings are held and awareness-raising is provided for workers and employers on a tripartite basis. The Committee further notes the information provided by the Government on training for labour inspectors in 2018 and 2019, including the specific themes and areas covered. The Committee requests the Government to provide further information on the training given to labour inspectors for the performance of their duties in agriculture, stating the duration, content and number of participants, and also specific training available to labour inspectors in order to provide awareness-raising for employers and workers under the provisions of section 5 of Decree No. 321/009.

Labour administration: Convention No. 150

Article 4 of the Convention. Structure and operation of the system of labour administration. In its previous comments, the Committee asked the Government to provide information on the repercussions of the structural changes introduced by Decree No. 280/013, approving the plan of the Ministry of Labour to restructure its administration and create new posts, on the organization and efficiency of the operation of the labour administration system. The Committee notes the Government’s indication in this respect that Decree No. 280/013 has made it possible to rationalize and determine the offices necessary for the performance of tasks, and to apply the use of new technologies to Ministry of Labour objectives. In this regard, the Committee notes the information sent by the Government with regard to: (a) the new structure of the Ministry of labour, including its component units and its responsibilities and goals; (b) the introduction of the electronic form in the administrative procedure and the ensuing obligation of employers to create an electronic domicile at the Ministry of Labour; (c) the adoption of regulations regarding the unified work template for employers and workers; (d) the measures taken to facilitate and improve public access to Ministry of Labour processes and services; and (e) the Ministry of Labour strategic guidelines for 2015–20.

Article 5. Consultation, cooperation and negotiation at the regional and local levels. Noting the absence of information in this regard, the Committee once again requests the Government to indicate the measures taken with a view to ensuring, at both the regional and local levels, consultation, cooperation and negotiation between public authorities and the most representative organizations of employers and workers, or their representatives.

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In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations made by the Inter-Union Assembly of Workers – Workers’ National Convention (PIT–CNT) transmitted by the Government.

Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Functions of labour inspectors in the area of undeclared work. The Committee previously noted the information provided by the Government on labour inclusion and formalization efforts, including through the extension of social security protection to certain workers. The Committee notes with interest the indications of the Government that in almost all cases where foreign workers were detected during labour inspections without the required documentation, they were subsequently registered with social security, and that where these workers had left the country, they were paid the outstanding benefits resulting from their employment relationship.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service of labour inspectors. The Committee previously noted that the posts of coordinators (persons responsible for organizing work teams of inspectors) are filled by direct appointment (and not by competition), and that these posts are not part of the public administration, nor do they have disciplinary authority. The Committee also noted the observations made by the Latin-American Confederation of Labour Inspectors (CIIT) that such appointments did not take account of the careers of inspectors of a higher rank. The Committee notes from the information provided in the 2016 annual report of the Ministry of Labour and Social Security that ten labour inspectors were promoted through competition to the function of coordinators. The Committee requests the Government to provide information on whether coordinators now have the status of public servants. It requests the Government to describe the different positions in the career structure of labour inspectors, as well as the prospects for promotion and stability of employment for labour inspectors.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training for labour inspection staff. The Committee notes the information provided by the Government in response to its previous request concerning the training of labour inspectors, including the subjects covered. It also notes that the PIT–CNT welcomes the continuous training of labour inspectors. Noting an absence of information in this respect, the Committee once again requests the Government to provide information on the training given to labour inspectors with respect to the performance of their duties in agriculture.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Number of labour inspectors and labour inspections. Role of labour inspection in agriculture with regard to safety and health. The Committee previously noted a reduction in the number of labour inspector positions from 147 in 2011 to 126 in 2013 (62 in the area of working conditions and 64 in the area of occupational safety and health (OSH)). In this respect, the Committee notes that the Government indicates, in response to the Committee’s previous request, that in 2016 there were approximately 120 labour inspectors (about 60 in the area of working conditions and about 60 in the area of OSH), but that new posts have been created since that time. The Committee also notes the observations made by the PIT–CNT noting a significant increase in the number of labour inspectors.

The Committee further notes the reference of the PIT–CNT to difficulties concerning the conduct of labour inspections in certain areas, including forestry, commerce and supermarkets, and the response time to complaints made by workers’ organizations. Moreover, according to the PIT–CNT, labour inspections in agriculture are not undertaken with sufficient frequency, and while Ministerial Decree No. 321/09 governs OSH in agriculture, there is insufficient monitoring to ensure its application in practice. The Committee notes the Government’s indication, in its report on the application of Convention No. 129, that the application of the abovementioned Decree is currently being discussed in a tripartite manner. The Committee requests the Government to specify the exact number of public servants performing labour inspection duties following the competitions held, including different titles or positions where applicable and to include this information in the annual labour inspection reports, as required by Article 21(b) of Convention No. 81 and Article 27(b) of Convention No. 129. The Committee requests the Government to provide its comments regarding the observations made by the PIT–CNT on the insufficient frequency of labour inspections in agriculture, and to provide information on any measures taken following the tripartite discussions on the effective application in practice of Ministerial Decree No. 321/09.

Article 11 of Convention No. 81 and Article 15 of Convention No. 129. Conditions of work of labour inspectors. The Committee previously noted the information concerning the improvement and expansion of the premises of inspection services, the purchase of furniture and equipment, as well as the computer equipment and transport equipment that was to be made available to labour inspectors. In this respect, the Committee also notes that the CIIT welcomes the improvement in the working conditions of labour inspectors, including equipment and transport facilities.

Articles 13, 17 and 18 of Convention No. 81 and Articles 6(1)(a) and (b), 17, 18 and 19 of Convention No. 129. Preventive function of labour inspection and effective application of legal provisions. The Committee notes the statistics contained in the Government’s report, in reply to the Committee’s previous request on the preventive and enforcement activities undertaken by the labour inspectorate, including the preventive closure of workplaces and infringements detected by economic sector. Noting an absence of information in this respect, the Committee once again requests the Government to provide information on the measures taken by the competent authority to determine the cases and conditions in which the labour inspection services in agriculture should be associated in the preventive control of new plant, materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, in accordance with Article 17 of Convention No. 129.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual inspection report. The Committee notes the statistical information provided in the Government’s reports concerning 2011 and 2015 (number of labour inspection visits, violations detected and total amount of penalties imposed). The Committee also notes that the 2016 annual report of the Ministry of Labour and Social Security (available on the Ministry’s website) contains a chapter on the activities of the labour inspection services, with similar information. The Committee notes the information in the Government’s report that a unified work register on enterprises and workers was established. The Committee also notes the detailed statistics on occupational accidents and diseases from 2014–16 in the report of the Ministry of Labour and Social Security entitled “Study on Labour and Social Security”. In view of the information available, the Committee requests the Government to regularly communicate to the ILO a report on the work of the labour inspection services, and to ensure that such reports contain information on all the subjects listed under Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

Issues specifically concerning labour inspection in agriculture

Articles 3 and 6 of Convention No. 129. Functions of the labour inspection system in agriculture. The Committee notes the Government’s indication, in response to the Committee’s previous request, concerning the establishment of a rural unit to deal with the specific issues of rural workers.

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The Committee refers the Government to its observation and wishes to raise the following additional points.

Articles 3, 17 and 18 of the Convention. Supervision of working conditions and effective application of legal provisions. According to the Government, as part of the inter-institutional plan on labour inclusion and formalization, the committee in charge continues to promote and work for the formalization of certain sectors, for example by extending social security to cover certain workers. Foreign workers have been detected in several branches of activities, for example, in the Montes del Plata industrial complex in the department of Colonia, in the course of inspections of domestic work, in rural areas at borders and, in general, in the course of all the inspections carried out. It also notes that foreign workers coming under a social security agreement are covered by the country of origin. Where they are not covered by such an agreement, they are subject to the relevant Uruguayan legislation and must apply to the National Migration Directorate for a provisional work permit and then a definitive one. The Committee once again requests the Government to provide information on infringements detected in the course of joint operations carried out under the labour inclusion and formalization plan and the penalties imposed, and on progress made in terms of legalising the status of the workers. It would also be grateful if the Government would provide information on the procedure followed by labour inspectors in the event of failure to declare foreign workers without residence permits.

Articles 3(1)(a), 10 and 16. In its previous comments the Committee noted that there were 147 permanent inspectors, 63 of whom were assigned to the Environmental Working Conditions Division (CAT) and 84 (including eight vacancies) to the General Working Conditions Division (CGT). The Government states in its report, however, that a total of 126 labour inspectors are currently serving: 62 being assigned to the CAT and 64 to the CGT. The Committee would be grateful if the Government would give the reasons for the reduction in the strength of the labour inspectorate. It also asks the Government to indicate whether measures are planned to increase the number of serving labour inspectors and to specify the number of public employees who perform supervisory duties.

Article 5(b). Collaboration between staff of the labour inspection services and employers and workers or their organizations. According to the American Confederation of Labour Inspectors, the Inspector General of Labour aims, by means of a resolution, to make the participation of labour inspectors in tripartite committees on occupational safety and health mandatory (established by Decree No. 291/07 issuing regulations on the Occupational Safety and Health Convention, 1981 (No. 155)), and to nominate the labour inspectors who should participate. According to the Confederation, participation in these committees was previously voluntary as it was considered an obstacle to the application of Article 3, owing to the fact that inspectors played a mediating role in the committees. Furthermore, the above Decree refers to the labour inspectorate and not to the inspectors in particular. The Confederation reports that the Government has indicated that failure to participate would place labour inspectors in the situations provided for by Decree No. 401/08 and would result in a salary reduction. According to the Confederation, by nominating the labour inspectors, the above resolution would facilitate the application of Decree No. 401/08 and of the sanctions therein, if the administration so wished.

The Government states that, in addition to their monitoring functions, labour inspectors provide advice and information to employers and workers, in conformity with ILO Labour Inspection Convention, 1947 (No. 81), and Labour Inspection (Agriculture) Convention, 1969 (No. 129). In addition, Occupational Safety and Health Convention, 1981 (No. 155), also ratified by the Government, establishes a structure for tripartite dialogue on occupational safety and health. The labour inspectors who participate in the tripartite committees nominated themselves. A resolution was issued following discussions with the Association of Labour Inspectors of Uruguay (AITU) in order to avoid confusion at the time of assigning supervisory work and to take account of the time spent on work in the committees, a corresponding deduction being made from the supervision assignment in the interest of avoiding unfairness.

Article 7(1). Qualifications of labour inspection staff. The CIIT further objects that the posts of “supervisor” and “head” are filled by direct appointment and not by competition, which means that powers and responsibilities are assigned without heed to the specific training and skills needed for the posts. Furthermore, such appointments take no account of the careers of inspectors of higher rank.

The Government specifies that the persons concerned are in fact coordinators, whose job is to organize work teams. Coordinators are not members of the public administration and have neither the disciplinary authority or the responsibilities of a head. The Committee would be grateful if the Government would give details of the status of coordinators, their number, their duties and the duties of supervisors and heads.

Articles 13, 17, 18 and 21(e). Preventive function of labour inspection and effective application of legal provisions. The Committee notes that the number of occupational accidents in the building sector, into which the inspectorate conducted an investigation, rose from 16 (with three fatalities) in 2010, to 33 (with eight fatalities) in 2011 and to 69 (with 11 fatalities) in 2012. It further notes that in the course of 2012, there were 595 preventive closures of workplaces and that 1,423 complaints on safety and health were filed and processed. The Committee requests the Government to continue to send information on all preventive activities conducted by the labour inspectorate, particularly in the building sector, including in the tripartite committees. It would be grateful if the Government would provide statistics of occupational safety and health infringements recorded, broken down if possible by sector of activity (specifying the provisions that were breached), and the penalties imposed.

Articles 20 and 21. Annual inspection report. The Committee notes the document attached to the report on Convention No. 129 concerning the activities of the labour inspectorate in 2012. It requests the Government to provide the ILO with a copy of the 2011 annual inspection report, and to ensure that annual reports on the work of the labour inspection services are in future transmitted to the ILO regularly and that they can contain information on all the subjects listed under Article 21.

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The Committee notes the Government’s report and the comments of 14 November 2012 by the Latin American Confederation of Labour Inspectors (CIIT), and of the Government’s reply of 15 March 2013 to the points raised by the CIIT. The Committee observes that for the most part the CIIT’s observations address issues on which the Committee has already commented.

Article 6 of the Convention. Conditions of service of labour inspectors. The CIIT reiterates that the status of exclusive assignment conferred on labour inspectors by Act No. 18.172 and Ministry of Labour Resolutions Nos 129 and 139 of 2007 have led to a system in which labour inspectors are required to be available at all times but receive no financial compensation in return; overtime worked in the interior of the country is not remunerated and the maximum working day of eight hours established by Act No. 5350 of 1915 is not observed. The Inspector General of Labour recently issued a resolution establishing night duty and weekend duty in the event of occupational accidents or situations presenting an imminent threat to life. Inspectors are paid for such duties only if they have to visit a workplace. The CIIT points out that inspectors’ remuneration includes a loan for the replacement of clothing and shoes, whereas for more than ten years they received a biannual, and subsequently an annual, allowance. The CIIT again deplores that the ministerial authorities have not observed the agreements concluded before the draft legislation was submitted to Parliament and that, on the contrary, they have endorsed the proposed amendments. It again refers to the matter of the disparity between tax inspectors’ wages (between 25 per cent and 40 per cent higher) and the wages of labour inspectors, to the latter’s detriment. It also points out that the improvement in the wages of inspectors due to the status of exclusive assignment is not in line with the increase in working time, which has risen from six to eight hours a day, while the net wage has been significantly reduced with the introduction of the new tax legislation. The CIIT questions the Government’s will to review some aspects of labour inspectors’ remuneration.

The Government, for its part, reiterates that the mechanism for payment of overtime is the one established in the 2007 resolution. It goes on to explain that the resolution for the establishment of night and weekend duties seeks to ensure that the duties are fairly distributed and properly planned. The reason for these stand-by duties is that commercial establishments – and, to a lesser extent, industrial establishments and services – also operate on non-working days and outside working hours, and that inspectors are bound by law to visit work places in the event of occupational accident or serious or imminent danger. The Government indicates that although by law inspectors’ remuneration includes a loan for the replacement of clothing and shoes, the Ministry also provides all labour inspectors with safety footwear. According to the Government, the CIIT’s assertion that maximum daily working hours are not observed is unfounded. As regards the disparity between the pay of tax inspectors and that of labour inspectors to the latter’s detriment, the Government stresses that labour inspectors are better paid than the other ministry employees and that the reasons for the disparity have already been given. The Committee requests the Government to provide the copies of decisions ordering the payment of any overtime worked by labour inspectors during the period covered by the next report, or any other document showing that this entitlement is recognized in practice. It would also be grateful if the Government would supply information on any measures taken or envisaged to review the various aspects of labour inspectors’ remuneration referred to by the CIIT, in accordance with the Government’s statement in its previous report that such a review was to be undertaken by the authorities of the Ministry.

Article 7. Training of labour inspectors. The CIIT stresses the need for ongoing training and retraining enabling labour inspectors to keep pace with technological and administrative changes, and asserts that the training provided was planned without any involvement of the labour inspectors.

The Government submits that, on the contrary, particular attention was paid to the proposals made by inspectors, without any disregard for the prerogatives and statutory obligations that pertain to management. The Committee notes with interest in this connection that, according to the examples given by the Government, training in matters related to social contributions and benefits and to harassment at work was provided following proposals made by labour inspectors. It notes that labour inspectors likewise participated, among others, in: technical workshops on hazards linked to aluminium phosphide and procedures for intervening on the ground; a day course on human trafficking and forced labour; awareness-raising and training days on gender issues; and training in the use of the electronic file. The Committee would be grateful if the Government would provide information on how these activities have affected labour inspectors’ performance of their duties, as defined under Article 3(1) of the Convention. It also asks the Government to specify the frequency of the training sessions organized for labour inspectors and to provide a copy of the training programme scheduled for the period covering the next report, specifying the type of activity (seminar, workshop, etc), the length of the training courses, the training entity and the subjects covered.

Article 11. Conditions of work of labour inspectors. According to the CIIT, despite the fact that the introduction of the status of exclusive assignment has led to an increase in labour inspectors’ hours of work and attendance at inspectorate premises, there has been no improvement in the space available to labour inspectors, which was already cramped. Furthermore, the space has not been so appointed as to enable labour inspectors to perform their tasks with a measure of comfort and in an atmosphere conducive to concentration and confidentiality. Overcrowding, the lack of a suitable place for a midday meal, inadequate and insufficient toilets, sparse furniture – to the point where there is not even one desk and one chair per inspector – have caused situations of stress resulting in high blood pressure problems and psychosomatic disorders. These, together with poor posture caused by ill-designed chairs, which are in all likelihood the cause of muscular and bone disorders, have led to an increase in sick leave. In the view of the CIIT, labour inspectors should have permanent access to the legislation, archives and records, through a library and internet access, but there is no method by which to attain these objectives as things now stand. The CIIT believes that implementation of the electronic file will involve extensive and prolonged use of the computer systems, and that given the current scarcity (21 computers for a total of 128 inspectors), this will slow down the pace of work and cause tension among the inspectorate staff. According to the CIIT, the regime established by Decree No. 280/06 has been tacitly repealed by Decree No. 279/12. The latter provides for the granting of a reduced amount of labour inspectors’ travel allowances, resulting in accommodation costs not being covered in certain cases. Furthermore, Decree No. 279/12 has abolished some of the monetary allowances formerly granted to inspectors. The reduction in the amount of the travel allowance, along with other factors, has meant that labour inspectors are no longer able to participate in training committees and tripartite occupational safety and health committees where supervision is not the main task.

The Committee notes with satisfaction the information supplied by the Government to the effect that the plan to redesign and improve the premises of the inspection services is now in its final stage. Implementation of the plan has involved the rehousing of two divisions of the inspectorate and the entire administrative department, construction work, and the purchase of furniture and equipment. The process has taken some time because the procedures and controls for tendering in the public sector are strict. According to the Government, the inspection divisions now have almost twice as much space as before (510 square metres as compared to 275 square metres formerly), and more furniture has now been made available. As to computer hardware, the Government states that 90 notebooks and 20 PCs will be made available to labour inspectors. The Government also indicates that the Ministry of Labour and Social Security has a large library, which is available to inspection staff, and that the legal division of the labour inspectorate also has material that is of use to the inspection services. Furthermore, inspectors have direct and unrestricted online access to the register of enterprise data. With regard to vehicles, the Government again states that four 4x4 vehicles were purchased in 2010 and that a call for bids has been launched to acquire two more such vehicles, which will make a total of ten vehicles for the labour inspectorate. Furthermore, inspectors have access to ministry vehicles should they so need. According to the Government, using the “Apia” application, the electronic file is being implemented gradually to avoid any distortions in the process, but all aspects of the supervisory function are expected to be incorporated by April 2013.

The Government indicates that the system of travel allowances for labour inspectors is the same as the one applying to all employees of the central administration. Although the allowance has been cut by an amount equivalent to US$5, it remains sufficient to cover food and accommodation costs anywhere in the country when inspectors are required to undertake duty travel. Under the old system, the outstanding part of the accommodation allowance was refunded. Under the present system, inspectors are not required to give back any surpluses. The Committee would be grateful if the Government would provide information on how the improvements in the office premises and the material resources available to labour inspectors have affected their health and the performance of their duties.

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

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Articles 3, 17 and 18 of the Convention. Inspection of working conditions and effective application of legal provisions. The Committee notes that in April 2010 an inter-institutional forum was established, entitled the “Forum for labour inclusion and formalization”, presided by the General Labour Inspectorate and composed of the authorities of the Ministry of the Economy and Finance, the Ministry of Social Development, the Ministry of Industry, the Social Welfare Bank, the General Directorate of Taxation, the General Directorate of Customs and the Planning and Budget Office. In this framework, policies were defined in relation to the various types of informality detected and agreement was reached on administrative measures, agreements and provisions. A subgroup coordinates the various inspection bodies and policies, together with the use of new technology tools, the exchange of information, etc. The Committee observes that a “Summer operation” was undertaken in February 2010 in Punta del Este and Barra, in the Department of Maldonado. The Government indicates that the violations detected during this operation included failure to produce the workplan and the staff list (34 cases), failure to register a number of workers and several foreign nationals without papers. The Committee requests the Government to provide information on the results of such operations in relation to the violations found and the penalties imposed on the employers concerned and the progress achieved in the regularization of workers. The Committee would also be grateful if the Government would provide information on the measures adopted by labour inspectors when they detect the failure to register foreign workers without papers.

Article 5(b) and Paragraphs 4 to 7 of the Labour Inspection Recommendation, 1947 (No. 81). Collaboration between labour inspection services and employers and workers or their representatives. According to the Government, labour inspection continues to play an active role in relation to the establishment of tripartite safety and health committees and it is hoped that their number will triple during the course of 2011. In particular, the Committee notes with interest that labour inspectors not only participate in the National Occupational Safety and Health Council (CONASSAT), but also in sectoral tripartite commissions at branch level (the chemicals, metallurgy, dairy, construction, clothing, liquid petroleum gas and commercial sectors, among others). Furthermore, the executive authorities took on board the recommendation made by the CONASSAT in relation to the updating of the list of occupational diseases, and the respective draft text will be submitted at the beginning of 2012. The Committee would be grateful if the Government would continue providing information on any progress achieved in the field of collaboration between the labour inspection services and employers and workers and on the impact of such collaboration in relation to the objective of protecting the health and safety of workers. In particular, the Committee hopes that the Government will provide information on progress in the process of updating the list of occupational diseases. It would also be grateful if the Government would provide information on collaboration at the regional, and possibly the local levels between the labour inspection services and the social partners in the field of the prevention of occupational risks.

Articles 13, 17, 18 and 21(e). Preventive function of labour inspection and effective application of legal provisions on occupational safety and health. The Committee notes that, between 1 January and 30 December 2010, of the same year, the CAT Division investigated a total of 65 industrial accidents. Of these, a total of 36 occurred in the manufacturing industry, and 11 of them were fatal, 16 were in the construction industry, of which three were fatal and 11 were in the agriculture and stock-raising industry, of which four were fatal. The Committee also notes that, during the same period, a total of 16,032 inspection activities were undertaken (including routine and targeted inspectors), in relation to safety and health in the construction sector, 6,009 in the manufacturing industry, 365 in the agricultural and stock-raising industry and 49 in the forestry industry. Furthermore, preventive closures were ordered in 858 cases with a view to eliminating serious and imminent risks for workers. The Committee would be grateful if the Government would continue to provide information on the preventive labour inspection activities undertaken and if it would ensure that future annual reports include statistics on cases of occupational disease. The Committee would also be grateful if the Government would provide statistics on the violations reported in relation to occupational safety and health (with an indication of the respective legal provisions) and the penalties imposed.

Child labour. The Committee notes that, through inter-institutional collaboration, a National Plan of Action to Eradicate Child Labour among Waste Sorters has been developed. The Committee would be grateful if the Government would take measures to ensure that henceforth annual inspection reports contain statistical data on labour inspection activities undertaken in the field of combating the worst forms of child labour, and on the results achieved.

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Article 6 of the Convention. Legal status and conditions of service of labour inspection staff. Stability of employment and independence. The Committee notes with interest the information that 33 persons under contract as occupational safety and health inspectors in the Working Environment Conditions (CAT) Division, who had not yet attained the status of public officials, entered the public service, in the same way as the other inspectors, after participating in a competitive and merit-based selection process. According to the Government, the conclusion of a public service contract without limit of time means that these officials enjoy the necessary guarantees and stability. The Government clarifies that the administration may assess their suitability for a specific period, before including them in the ranks of budgeted public officials, and that currently all labour inspectors are protected by the status of budgeted public officials.

The Committee also notes with interest that, according to the Government, as from the middle of 2007, and as a consequence of the application of their status of exclusive assignment, the earnings of inspectors rose by 100 per cent and, although there remains a small difference in relation to the number of working hours, inspectors receive salaries that are more than double those of other public officials. The Committee notes with interest that, according to the Government, there is currently only one labour inspector who has not been granted the status of exclusive assignment. The Committee would be grateful if the Government would keep the Office informed of developments regarding the number of inspectors who have attained the status of exclusive assignment. The Committee also requests the Government to indicate the percentage of working hours for which an inspector may be dispensed from the status of exclusive assignment to labour inspection.

Allegations of discrimination. With regard to the allegations of discrimination against unionized inspectors previously made by the Ibero American Confederation of Labour Inspectors (CIIT), the Government reaffirms that no type of discrimination occurs against unionized inspectors and that, on the contrary, trade union leave is facilitated and respected so that inspectors can undertake trade union activities. The text of the forms which inspectors have to complete daily on their activities was decided upon in a common agreement with inspectors, the directors of inspection services and supervisors, and those concerned were the ones that requested the inclusion of the item relating to trade union activities, which responds to the desire to clearly identify their various everyday activities. The Committee takes due note of the information provided by the Government.

Conditions of service. The Committee also notes that, according to the Government, the salaries determined for tax inspectors are similar to those of labour inspectors. The difference lies in the variable component of their remuneration which, in the case of tax inspectors, attached to the service which collects and administers taxes, is related to management and collection responsibilities. This difference can, on occasions, amount to 25 per cent of the salaries of labour inspectors, while on other occasions it may be lower or zero. The Committee notes with interest that the authorities of the Ministry and of the inspection services are analysing the possibility of revising these aspects of the remuneration of inspectors. The Committee requests the Government to provide information on any measures envisaged or adopted with a view to improving the remuneration or benefits of labour inspectors in the light of the socio-economic importance of the objectives assigned to the labour inspection services.

Article 7. Retraining of inspectors. The Committee notes with interest the creation of communication and training teams, which include inspectors, with a view to defining, jointly with management, the necessary training courses for labour inspectors. It notes that during the course of 2010, training days were held, among other subjects, on vertical work techniques, that all inspection staff are currently participating in workshops relating to the installation of the electronic management system and that a workshop has been planned for 2011 on the interdisciplinary treatment of harassment, together with courses to update knowledge in the field of social security contributions and rulings on wages. The Committee would be grateful if the Government would keep the Office informed of the planning of future training activities for inspectors and their impact on the achievement of the objectives of the Convention.

Articles 10(a)(i) and (ii) and (b), 11, 16 and 21(c). Number of labour inspectors, working conditions of inspectors, and inspection visits. The Government indicates that the current number of inspectors is 147, of whom 63 are assigned to the CAT Division and 84 to the General Labour Conditions (CGT) Division (eight of these posts are currently vacant). According to the Government, in view of the size of the country (the most distant point from the capital is only 600 km away) and the availability of appropriate vehicles to cover these distances rapidly and with sufficient ease, all of the inspection staff covers the interior of the country, and not only inspectors who are based outside the capital. Inspection activities in departments with few inhabitants are difficult for inspectors who live there. For these reasons, the Government considers it important to maintain the current system. Moreover, a draft agreement with other State bodies is under examination with a view to making air transport facilities available to labour inspectors, where necessary. The Government also reports the purchase in 2010 of four new 4x4 vehicles and indicates that, together with the remaining vehicles, they cover the needs of the inspection staff in this respect. The Government adds that it is in the process of implementing an electronic management system which will involve the total computerization of inspection functions. The Government indicates that in this framework, teams of inspectors have been set-up in order to introduce in the system statistics on inspection activities, and particularly on accidents. With reference to offices, the Government indicates that the work that is planned and budgeted will result in the doubling of the physical space currently available to both Divisions. The Committee takes note of this information with interest and requests the Government to keep the ILO informed of progress made in the establishment of the electronic management system and its impact on the effective discharge of the duties of the labour inspectorate. Furthermore, the Committee would be grateful if the Government would keep the ILO informed of progress in the recruitment of new labour inspectors to fill the vacant posts and specify the number of inspectors who are engaged in inspections of workplace.

Articles 20 and 21. Publication and communication of an annual report on the work of the labour inspection services. The Committee once again requests the Government to ensure that the relevant measures are taken with a view to ensuring that the annual inspection reports henceforth contain information on all of the issues envisaged in Article 21, and particularly on clause (c) (statistics of workplaces liable to inspection and the number of workers employed therein), (e) (statistics of violations and penalties imposed, including references to the respective legislative provisions) and (g) (statistics of occupational diseases).

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

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The Committee notes the Government’s report received by the ILO on 1 October 2009 in reply to its previous observations, the annual reports of the General Labour and Social Security Inspectorate (IGTSS) for 2007 and 2008, as well as the observations made in August 2008 by the Ibero–American Confederation of Labour Inspectors (CIIT) on matters partly raised in its previous comments, as well as the legislative texts and documents attached.

Article 6 of the Convention. Status and conditions of service of labour inspection staff. Stability of employment and independence. The Committee notes that, according to the CIIT, only three of the 33 new occupational safety and health inspectors in the Work Environment Division are public servants, and that others are employed under contracts which are renewed at the discretion of the administrative authority. This allegation contradicts the Government’s statement in its 2007 report that all labour inspectors are public servants. Consequently, it would appear that the conditions of access and employment of labour inspectors laid down by Act No. 18.172 of 31 August 2007 do not apply to all inspection staff. In particular, it is not therefore certain that persons carrying out labour inspection duties based on temporary contracts are subject to the system of exclusivity of duties for the Ministry of Labour (MTSS). Consequently, these inspectors could be required or authorized to carry out other duties for other public or private employers which, in the Committee’s view, constitutes a serious obstacle to the independence required for the performance of their primary duties. However, the Committee notes the Government’s indication that it plans to incorporate into the body of labour inspectors the 33 contract workers who do not yet have the status of public servant. The Committee would be grateful if the Government would provide information on any developments relating to the implementation of this measure.

The Committee requests the Government to provide a copy of the Ministerial resolution which, according to the Government, concerns the compensation of overtime worked by labour inspectors.

Conditions of service. With regard to the issue of the disparity between the wages of tax inspectors and those of labour inspectors, to the detriment of the latter, the CIIT indicates that the difference is 25 to 40 per cent. It also points out the persistent wage inequality compared to other officials in the form of the issue of food vouchers equivalent to around 10 per cent of their wage. Furthermore, according to the CIIT, Act No. 18.172 and MTSS Resolutions Nos 129 and 139 of 2007 have resulted in a loss in the wage benefits previously negotiated for labour inspectors, as well as the loss of the usual benefit of clothing and shoes. The Committee requests the Government to take measures to ensure that the remuneration of inspectors is at least in line with that of other public servants with responsibilities of a similar level and complexity (for example, tax inspectors), and to provide details on these measures as well as illustrative statistics in this regard.

Discrimination against labour inspectors based on trade union membership or the performance of trade union activities. The Committee notes that, in reply to the allegation made by the CIIT concerning discrimination relating to the promotion of affiliated inspectors, the Government provides information including a list of names indicating that ten of the 14 team leaders working in the General Conditions of Work Division (CGT) and the Work Environment Conditions Division (CAT) are affiliated to the Association of Labour Inspectors of Uruguay (AITU) and adds that the exclusive criteria for appointment are professional competence and the skills necessary to coordinate labour inspectors. It also points out that the managerial posts advertised in 2003 and 2004 in the CAT and CGT Divisions were filled by the most qualified candidates.

In reply to the allegation made by the CIIT concerning the abusive nature of the transfers imposed on inspectors affiliated to trade union organizations, the Government indicates that transfers are exceptional and are based on the existence of family connections incompatible with the performance of duties within the same office, in accordance with Decree No. 30/003.

According to the CIIT, since the end of 2007, discrimination against inspectors for trade union activities has also taken the form of a reduction in wages the amount of which corresponds to the period spent carrying out these activities during the working day. This period is allegedly determined by means of the obligation imposed on inspectors to complete a form available for that purpose on the MTSS intranet site giving a very detailed account of their daily activities (administrative work, travelling time, study of documentation and related tasks, rest, interruptions, trade union activities).

The Committee takes due note of the information provided by the Government in reply to the allegations made by trade union organizations and requests the Government to provide a copy of any legal text or document on the basis of which inspectors may not be subjected to harassment or sanctions at the hands of their superiors.

Article 7. Retraining of inspectors. According to the CIIT, inspectors do not benefit from the retraining that is necessary to enable them to adapt to technological and legislative changes, particularly those concerning general conditions of work. The Government nevertheless mentions various types of training in the course of employment relating to arbitration awards, the content of collective agreements, new regulations and occupational safety issues. Furthermore, the annual reports provide further information on some of these training activities, including training relating to the prevention of chemical hazards with the support of Spain, training on occupational hazards in the construction and electromagnetic assembly sector with ILO support, as well as training for the team leaders in the CGT Division on the supervision of wages and the working environment and conditions. The Committee notes with interest that inspectors also benefit from specific training designed to protect their own health during inspections. The Committee would be grateful if the Government would ensure that the training of inspectors continues to be updated regularly and requests it to provide the ILO with information on any measures taken to that end.

Article 10. Number of labour inspectors. According to the Government, the labour inspectorate is now staffed by 152 inspection personnel (compared with 142 in 2007) covering a population of 1,230,000 workers, equivalent to around one inspector for every 8,000 workers. The number of staff in the Legal Division has been increased, as previously announced, through the recruitment of seven jurists and three officials responsible for the legal affairs of the IGTSS before the courts. The information provided by the Government nonetheless seems to confirm the allegations of the CIIT concerning the uneven distribution of inspectors between the capital (80 per cent) and the rest of the country. This situation seems to be explained by the concentration of protected workers in the capital. The Committee once again requests the Government to provide detailed and up to date information on the geographical distribution of labour inspection staff. Noting that it has not provided information concerning the comments made by the CIIT concerning the uneven distribution of inspectors between the CAT and CGT Divisions, the Committee requests the Government to provide any comments that it considers relevant in this regard.

Article 10(a)(i) and (ii), and Articles 11 and 16. Working conditions of inspectors and inspection visits. According to the CIIT, the lack of means available to the labour inspectorate already reported (lack of physical space, furniture and computer equipment) has been exacerbated further as a result of the increase in the number of staff and the increasing complexity of the tasks related to the supervision of wages in the various sectors. The health of inspectors has even been affected and has resulted in sick leave. Furthermore, the lack of suitable transport facilities, in particular four-wheel drive vehicles, is hindering the performance of inspection visits. The Committee notes that, according to the Government, in order to address needs relating to the strengthening of human resources, the MTSS plans to establish a new IGTSS head office close to the current premises. With regard to means of transport for journeys in rural areas, the Government indicates that the entire fleet of vehicles is to be replaced soon and that bids have been invited to that end.

The Committee notes with interest the provision to the ILO of the CGT and CAT inspection procedure manuals (the CAT manual is in the process of being revised), which the CIIT had indicated were necessary, as well as the information that cases of administrative disputes brought before the courts are analysed regularly by members of the Legal Division with a view to rectifying procedural errors in the future.

After criticizing the lack of an inspection policy targeting on a priority basis activities characterized by a high rate of industrial accidents and cases of occupational disease, the CIIT indicates that the broad system of inspections (the “rake” system) has been replaced by specific operations and inspections carried out in response to complaints. The Committee notes, in the annual inspection reports, information indicating the implementation of operations targeting particular sectors, such as bakeries, construction and commerce. It notes the information showing the performance of proactive inspections relating to general conditions of work, while the information concerning occupational safety and health seems to show activities triggered mainly by complaints or reports.

The Committee notes the information provided concerning the “Chameleon” project introducing a computerized registration system allowing registration of enterprises via the Internet. This system is based on the information which has to be submitted each year by employers under Decree No. 108/07. It will allow the gradual centralization of information concerning formal enterprises (branch of activity, number and distribution by sex and by category of worker, wages, etc.), firstly in the capital and then in the rest of the country. The Committee hopes that the “Chameleon” project will facilitate the rational programming of inspection activities and increase the number of proactive inspections relating to safety and health in branches in which workers are exposed to a high risk of occupational hazards. In this regard, it notes that a draft document concerning the monitoring of industrial accidents and cases of occupational disease is being examined with technical assistance from the ILO. The Committee hopes that the establishment of the register of construction enterprises introduced by Act No. 18.362 of 6 October 2008 will contribute to strengthening inspections in this sector where the risk of industrial accidents is very high.

The Committee notes with interest the information provided concerning bilateral cooperation with Argentina relating to the exchange of training. The Government indicates that Uruguayan inspectors have already benefited from training in occupational safety.

The Committee requests the Government to keep the ILO informed of any developments relating to the envisaged improvement in conditions of work, including the transport facilities and means of labour inspectors, as well as the impact of new means on inspection activities.

It would be grateful if the Government would take the measures to extend the “Chameleon” system across the country in the near future and to implement the project relating to the monitoring of industrial accidents, and requests it to provide information on any progress made.

Article 5(b) and Paragraphs 4–7 of the Labour Inspection Recommendation, 1947 (No. 81). The Committee notes from the annual activity reports for 2007 and 2008 that the IGTSS has carried out training activities for workers on various subjects (labour law; risk prevention in industry, commerce and services; regulations applicable in the construction sector; and risk prevention). It also notes the participation of the IGTSS in events organized by universities and schools to disseminate information concerning labour rights. Furthermore, since 1999, a list of occupational safety and health laws has been provided on the web site  of the Ministry of Labour and Social Security (MTSS) (www.mtss.gub.uy).

Referring to its comments concerning the Occupational Safety and Health Convention, 1981 (No. 155), the Committee notes with interest the numerous actions undertaken by the tripartite branch committees to disseminate information on risk prevention during various events (construction fairs; audiovisual campaigns; training programmes for trainers provided by the ILO for the social partners).

The Committee requests the Government to continue providing information on the cooperation between the labour inspection services and the social partners in the area of risk prevention with a view to promoting an occupational safety and health culture.

Articles 5(a) and 21(e). Effective cooperation between the labour inspection services and judicial bodies. Further to its 2007 general observation, the Committee notes with interest, from the Government’s report concerning the Labour Inspection (Agriculture) Convention, 1969 (No. 129), that a course has been given by a magistrate to labour inspectors on the activities of the labour courts in specific cases. According to the Government, labour inspectors have in turn been called on by the courts as experts. The Committee requests the Government to provide further information on any cooperation implemented between the labour inspectorate and the judicial bodies, including information concerning cases in which inspectors have been consulted by the courts as experts.

Articles 20 and 21. Annual inspection report. The Committee would be grateful if the Government would ensure that future annual reports on inspection activities contain detailed information on all the matters covered by Article 21, if possible following the guidance provided in this regard in Paragraph 9 of Recommendation No. 81.

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Further to its observation, the Committee would be grateful if the Government would provide additional information on the following matters.

Articles 20 and 21 of the Convention. Annual inspection report. The Committee notes the report of the General Labour and Social Security Inspectorate for 2006, which contains information on the number of labour inspectors in service, inspection visits and occupational accidents. It would be grateful if the Government would ensure that an annual report on the work of the inspection services, containing the information required on each of the subjects referred to in Article 21, is published regularly and sent to the ILO in accordance with Article 20. It reminds the Government that Part IV of Recommendation No. 81 provides some very useful guidelines on the level of detail required in respect of the requested information.

Labour and child labour inspection. The Committee notes that, according to the Government, an ILO–SIMPOC (Statistical Information and Monitoring Programme on Child Labour) mission was scheduled to visit the country during the course of the year to launch the programme “National Survey on Child Labour – Uruguay”. It asks the Government to provide information on the objectives of this survey, its progress and, as soon as they are available, its conclusions. It also requests the Government to ensure that statistics on child labour are included in future annual inspection reports.

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The Committee notes the Government’s report, the annual general and social security inspection report for 2006, and the other documents attached thereto, including the copies of recently adopted legislation. The Committee notes the comments dated 27 October 2006 of the Latin American Confederation of Labour Inspectors (CIIT), which were forwarded to the Government on 28 November 2006, and the comments of the Inter-Union Assembly of Workers–National Convention of Workers (PIT–CNT), sent to the ILO by the Government. The Committee notes that the comments of the CIIT and the PIT–CNT refer mainly to issues which it has been addressing for a number of years.

1. Article 6 of the Convention. Withdrawing the possibility for labour inspectors to hold multiple jobs. In its past comments, the PIT-CNT emphasized that labour inspectors exercising a parallel professional activity in the private sector are subject to such constraints that it is impossible for them to update their skills to the level necessary for the discharge of inspection functions. The Government subsequently introduced a procedure by which labour inspectors are required to declare, under oath, their second employment, a measure which the Committee considered inadequate with regard to the requirements of the Convention. The Government’s attention was once again drawn to the importance of reconsidering the matter in view of the credibility and probity required for the exercise of labour inspection functions. The principle of prohibiting inspectors from having a relationship of dependence in respect of legal or natural persons subject to the supervision of the offices in which they are employed is set forth in section 27 of Decree No. 30 of 23 January 2003. This measure, which in some ways represented a step forward, still gave inspectors considerable latitude to dedicate time and energy to parallel activities in order to supplement their incomes.

Having acknowledged in its previous report that parallel employment seriously undermines the energy necessary for the discharge of inspection functions, the Government finally announced budgetary measures to improve the remuneration of labour inspectors so that they would not have to seek other sources of income to support their families. The Committee notes with satisfaction that the Government has followed up on its commitment, since the information it has provided, together with the new legal provisions, show that the staff of the labour inspectorate are now public servants in their own right. Pursuant to sections 240 and 241 of Finance Act No. 18.172 for 2006, labour inspectors who opt for the principle of exclusivity are employed on an exclusive basis, eight hours a day, within the labour inspectorate, and may not exercise any other activity, whilst those who do not opt for this principle may, subject to the authorization of a higher authority, exercise parallel activities only in the form of cultural, sporting, family or other activities which do not interfere in any way with inspection duties. The CIIT considers, however, that the absence of a measure regulating the principle of exclusivity constitutes a violation of Article 15 of the Convention. The Government, for its part, seems to consider the raising of the wages of inspectors who have opted for the principle of exclusivity to be an encouragement for other inspectors to also choose this option. The Government points out that the increased wages take effect on the date of submission to the principle and that the retroactive payment of these wages will be effected once the corresponding budget is released by the Ministry of the Economy.

The Committee would be grateful if the Government would indicate whether the principles set forth in sections 240 and 241 of abovementioned Act No. 18.172 are of a permanent nature, and would provide information, including any relevant documents, on the measures taken for their application, in particular with regard to section 241, to ensure that the authorization to exercise a parallel activity such as those provided for under section 241 of Act No. 18.172 establishes the period, duration in hours and nature of the activity so that the labour inspectors concerned are not hindered in the exercise of their inspection duties.

Wage discrimination. The issue of the disparity between the wages of tax inspectors and labour inspectors, raised previously by the PIT–CNT, has once again been referred to by the CIIT, which states that this disparity also exists in respect of inspectors belonging to other bodies of the administration, as well as within the labour inspectorate itself between inspectors employed in identical posts and carrying out the same duties. The Committee notes that the information sent by the Government in this respect concerns only the case of labour inspectors recruited following the dissolution of a former air transport enterprise, PLUNA, who are not included in the labour inspection budget, but whose wages are higher than those of their labour inspection colleagues. Stating that the only labour officials who have benefited from a pay rise during the period covered by the report are labour inspectors, the Government considers that this increase, together with the application of the principle of exclusivity already mentioned, should reduce the current disparities.

Other discrimination against labour inspectors affiliated to a trade union organization. According to the CIIT, the distribution of competencies and responsibilities between the inspectors is arbitrary and does not take into account professional merits. The organization makes particular mention of acts of persecution against inspectors affiliated to a trade union organization, involving transfers, unjustified changes in working hours and the assigning of inspectors to purely administrative tasks. Promotions are granted only to non-affiliated inspectors who are given investigative powers in respect of the activities of their colleagues and the power to interfere in the affairs of the organization. The Committee notes that the Government did not consider it useful to communicate its opinion on these matters. It would be grateful if the Government would provide any comments that may be considered appropriate on the above allegations and any relevant documents.

2. Article 7. Training of labour inspectors. The CIIT considers it desirable to require that specific training is given to candidates for labour inspector positions. It regrets that labour inspectors do not receive appropriate training for the exercise of their duties and laments the inexistence of a permanent training authority and the fact that no training activities have been provided for labour inspectors by the current administration.

The Government, for its part, states that upon entering into service, labour inspectors receive basic training on the areas which will form part of their work (general conditions of work, health and safety) and that training activities are also organized periodically to update their skills. Moreover, courses have been organized within the framework of Spanish and ILO cooperation on occupational safety, hygiene at work, safety in the construction industry and risk prevention in forests. A further course on chemical substances, which will be taught by an expert from the abovementioned cooperation, is currently being prepared. Other training activities on the inspection process and fiscal reform have also been held.

3. Article 10. Number of labour inspectors. The PIT-CNT and the CIIT continue to consider the number of labour inspectors insufficient. For the CIIT, the number is insufficient in relation to the size of the active population and the number of establishments to be covered, the volume and complexity of the legislation to be enforced and the additional duties conferred upon inspection staff. According to this organization, the number of inspectors is established in accordance with budgetary restrictions and the ranking given by the public authorities to other priorities and not on the basis of the criteria set forth in Article 10. Moreover, inspectors are distributed unequally between the capital (80 per cent) and the rest of the country and between the Work Environment Conditions Division and the General Conditions of Work Division. The lack of lawyers within the Legal Division and the shortage of administrative staff are the reasons for the slowness of inspection procedures and thus affect the credibility of the institution.

In reply to these allegations, the Government states that the staff of the labour inspectorate includes 142 inspectors, divided into three teams (one operating in Montevideo, the other in the interior of the country and the third in the ports), that three new inspectors have been recruited to the General Conditions of Work Division and that steps have been taken to recruit 33 occupational health and safety inspectors for the Work Environment Conditions Division. It also states that three lawyers have joined the staff of the labour inspectorate and that seven others will soon take up their duties. The Committee would be grateful if the Government would continue providing updated information on the situation of labour inspection staff and their distribution in geographical terms and by field of competence.

4. Article 10(a)(i) and (ii), and Articles 11 and 16. Material working conditions of labour inspectors and inspection visits. The CIIT once again regrets that the functioning of the labour inspectorate is impeded by a lack of basic materials, equipment, furniture, computer facilities, and means of transport suitable for the performance of inspection duties in rural areas. Moreover, inspectors do not have any form of occupational manual to guide them, which means that the methods used for inspection visits vary widely. This situation is further aggravated by the absence of any inspection policy prioritizing the activities characterized by a high level of occupational accidents and cases of occupational disease. According to the organization, the frequency of inspection visits is significantly higher in establishments located in the capital than in other parts of the country. Furthermore, establishments in industries in which there is no trade union representation often go uninspected, since the labour inspectorate reacts mainly to complaints that it receives and situations which are the focus of media attention.

With regard to the material working conditions of labour inspectors, the Government states that the offices in Montevideo have vehicles and travel allowances at their disposal to travel around in the interior of the country and that tenders have been invited for the acquisition of four-wheel drive vehicles. The Government also states that computer equipment has improved. Offices are equipped with the apparatus needed for inspectors to measure contamination in the workplace, first-aid kits, digital cameras, and communication equipment, including mobile telephones. Personal protection items such as gloves, masks, helmets, ear protectors are also provided to inspectors for use when carrying out their duties.

With regard to inspection visits, the Committee notes with interest Decree No. 108/007 under which any individual or entity employing staff is required to keep and register with the General Labour Inspectorate or its regional offices a list of the staff employed, together with a logbook containing the results of inspection visits and information on occupational accidents. Noting the Government’s statement to the effect that the General Labour and Social Security Inspectorate is to undergo restructuring with a view to improving the quality of inspection visits, the Committee hopes that the implementation of the above Decree will enable the inspection services to identify establishments liable to inspection and to establish visiting schedules taking into account priority sectors particularly in respect of occupational safety and health issues. The Committee would be grateful if the Government would continue providing information on developments in the working conditions of inspectors and on the nature of the structural changes planned for the General Labour Inspectorate. The Committee also asks the Government to provide information on the implementation of Decree No. 108/007 and its impact on the way in which the labour inspection services operate and on the scheduling and quality of inspection visits.

5. Article 5(a). Cooperation within the inspection services and between the inspection services and other public bodies. According to the CIIT, the functioning of the inspection services suffers from a lack of coordination between the various divisions and the working groups of the General Labour Inspectorate, with this lack of coordination being particularly marked in regions far from the capital. While recognizing the efforts made by the Government to promote collaboration between the various inspection service structures, the organization feels that the impact of the measures taken on the efficacy of the functioning of the inspection services is limited due to the lack of resources and the strongly centralized nature of the system. Moreover, it condemns the lack of cooperation between the inspection services and other public bodies, particularly those engaged in technical and scientific investigations, and states that it is unaware of any coordination between the inspection services and other state institutions or bodies engaged in activities relating to labour inspection. It regrets that information on the results of inspection service activities, in particular the follow-up given to investigations concerning occupational accidents, is not systematically communicated to the labour inspectorate. The Committee notes with interest that this will no longer be the case, thanks to the preparation of an annual report containing relevant information (see under Article 18).

As regards the coordination of inspection services, the Government indicates that the labour offices in the interior of the country are in contact with the General Labour and Social Security Inspectorate through the National Directorate for Coordination of the Interior (DINACOIN) of the Ministry of Labour and Social Security.

Without responding to the concern regarding the absence of cooperation with other public bodies mentioned by the organization, the Government refers to various other forms of cooperation such as the conclusion of agreements between the General Labour Inspectorate and (i) the State Insurance Bank, dated 17 November 2006, on the exchange of information relating to occupational accidents and diseases; and (ii) the Ministry of the Interior, which is responsible for the technical police, so that the latter systematically notify the inspection services of serious and fatal accidents which have required their intervention. It also states that the General Labour Inspectorate has provided members of the technical police with training on the need to preserve evidence at the scene of the accident until the arrival of the inspectors.

6. Article 14. Notifying the labour inspectorate of industrial accidents and cases of occupational disease. According to the CIIT, the application of the procedure of notifying the labour inspectorate does not allow for the establishment of reliable statistics in this regard. It also states that the labour inspectorate does not monitor the application of this procedure and that no penalties are therefore imposed for failing to apply it. The Committee notes with satisfaction that notification methods and deadlines are now governed by Annex 1, Group B 1 of Decree No. 64/004 issuing the new National Code on Notifiable Diseases and Health Situations, and section 1, paragraph 1, of Regulatory Decree No. 169/004 extending the compulsory notification of occupational accidents and diseases. During the period covered by the annual inspection report, 17,237 occupational accidents were notified, 78 of which were investigated. The Government indicates that a report on investigated accidents was to have been prepared by the end of 2006. The Committee hopes that regulatory and administrative measures (especially instructions and circulars) will be taken to ensure that effect is quickly given to the abovementioned Decrees throughout the territory. It asks the Government to keep the Office informed and to communicate any relevant documents together with a copy of the report on the accidents that have been investigated.

7. Article 18. Effective enforcement of adequate penalties. From the point of view of the CIIT, the penalties imposed for violations are neither adequate nor dissuasive. In general, it is less costly for enterprises to pay off fines than to put an end to the violations, in particular on temporary construction sites. In practice, only a small percentage of the fines imposed are received by the administration, following a lengthy procedure.

In this respect, the Committee notes with interest that under Act No. 15.903 and Decree No. 186/004, the amounts of the penalties have increased substantially and that, thanks to the registering of enterprises that have committed violations, provided for by Act No. 17930/2005, supplemented by Decree No. 263/006, it is now possible to increase financial penalties, notably for repeated offences.

The Committee notes with satisfaction that a register of enterprises that have committed violations, containing information on the reported violations, the rules violated and the penalties imposed will be made available to each inspection service.

The Committee is addressing a direct request to the Government concerning a number of other points.

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With reference to its observation, the Committee requests the Government to provide additional information on the following points.

Expenditure of the labour and social security inspectorate. The Committee would be grateful if the Government would provide clarifications on the meaning of the columns and figures contained in the planning and budgetary tables which are attached to its report on the expenditure of the labour and social security inspectorate.

Article 8 of the Convention. Appointment of both men and women to the inspection staff. The Committee would be grateful if the Government would indicate the proportion of women engaged in inspection functions and provide information on any special duties which may be assigned to them, as suggested by this provision.

Child labour. The Committee hopes that the Government will provide information on the activities undertaken by the labour inspection services in the context of measures to combat child labour and their results, and that relevant statistics will be included in future annual inspection reports.

Articles 20 and 21. Annual report. The Committee notes that no inspection report has been provided to the ILO since the report for the year 2002. It requests the Government to take the necessary measures to ensure that annual reports on the work of the inspection services containing information on each of the subjects covered by points (a) to (g) of Article 21 are published regularly and communicated to the ILO within the time limits established in Article 20. The Committee reminds the Government of the possibility of having recourse of ILO technical assistance for this purpose, if necessary.

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The Committee notes the Government’s report for the period ending 31 May 2005, the information provided in reply to its previous comments and to the points raised by the Inter-Union Assembly of Workers-National Convention of Workers (PIT-CNT) in 2003 and by the Association of Labour Inspectors of Uruguay (AITU) in 2004, as well as the new comments by the PIT-CNT forwarded by the Government. The Committee also notes the communication of Decrees No. 186/004 (code of penalties) of 8 June 2004, No. 114/005 of 16 March 2005 establishing the National Advisory Council on Labour Inspection Policies and No. 67/999 of 12 March 1999 on the allocation of travel expenses to officials of the central administration.

1. Articles 5, 7, 9, 10, 11 and 16 of the Convention. General situation of the labour inspection system; resources; collaboration and operation. The PIT-CNT considers that the Government has always conspicuously failed in its obligations under the Convention (inadequate human and material resources in relation to needs, important shortcomings in the operation of the inspectorate, particularly with regard to supervising occupational safety and health). In a comment made in 2003, the PIT-CNT referred more precisely to the lack of computer equipment and consumables, such as fuel for the journeys of inspectors, ink cartridges for photocopiers, common office supplies, etc., the age of the available vehicles and the slowness of the procedures for the reimbursement of travel expenses to inspectors. It deplored the exclusively reactive approach to inspection in response to complaints by a trade union or following an industrial accident, and the absence of the planning of routine inspections. The PIT-CNT also denied that the professionals referred to by the Government had the capacity of technical experts and specialists within the meaning of Article 9 of the Convention. According to the AITU, in a comment made in 2004, at the same time that the material conditions of work of the inspection services were declining and, in the absence of the necessary updating of their knowledge, inspectors were being entrusted with excessive responsibilities as a result of the dissolution of the National Port Services Administration (ANSE), but without the transfer of the corresponding assets and budget. In its recent comments forwarded by the Government referring to the change in the governing team, the PIT-CNT considered that the new approach based on tripartism in industrial relations gave grounds for hoping that there would be an improvement in the operation of the labour inspectorate.

In its report, the Government indicates that it has taken measures to strengthen the numbers and quality of the human resources of the labour inspectorate: the planned recruitment of 40 new labour inspectors for the Working Environment Conditions Division; the holding of competitions for career advancement and for the recruitment of at least 15 new inspectors for the General Working Conditions Division; and the recruitment of a chemical engineer and a statistical expert to support the inspection services on environmental working conditions. The Government indicates that the minimum qualifications and competence required for inspectors will henceforth be defined by protocol, and that the support of eight jurists, 25 administrative officials and other employees in the central labour administration should, according to the Government, also contribute to improving the quality of the work of the labour inspectorate.

With regard to the material resources of the inspection services, the Committee also notes the progress achieved or envisaged since March 2005: a substantial increase in the number of vehicles (from four to eight) and the planned acquisition of four-wheel drive vehicles to facilitate access to all enterprises, irrespective of their geographical location, the provision of fuel and the allocation of the necessary expense allowances for travel by labour inspectors. The Government also refers to a project for the computerization of inspection services and for publications useful to the social partners and other public institutions.

With regard to the repercussions of the dissolution of the ANSE for the workload of the labour inspectorate, the Government specifies that this institution operated as an employment exchange and not an agency responsible for supervising labour legislation, but that its disappearance does indeed result in an increased need for the presence of the inspection services to identify informal work in loading and unloading activities in ports, as well as conditions of work. According to the Government, there is a shortage of specific provisions relating to the port sector in this respect.

The Committee notes with interest the positive changes introduced rapidly by the Government to resolve the worrying situation of the labour inspectorate brought to its attention long ago by the trade union organizations. It remains attentive with regard to further developments, particularly the implementation of the planned budgetary measures and their translation into practice through the recruitment of the personnel that is indispensable for the proper operation of the inspection system, and the strengthening of its logistical resources and office and computer equipment. It therefore requests the Government to continue keeping the ILO informed in detail, with the communication of any relevant documents, of all developments in this respect, the difficulties encountered and changes in the quantity and quality of inspection activities. It also requests the Government to indicate the measures adopted in practice to develop the necessary communication between the labour inspectorate, the social partners and other services and institutions concerned with its operation.

2. Article 6. Status and conditions of service of labour inspectors. Principle of the exclusivity of employment in labour inspection functions. For several years, the Committee has been drawing the Government’s attention to the incompatibility of exercising a parallel professional activity with the requirements of performing labour inspection functions. This incompatibility was emphasized by the PIT-CNT, which considered that the constraints of employment in the private sector are such that they do not allow labour inspectors to update their skills to the level necessary for the discharge of inspection functions.

The Committee notes with interest the Government’s acknowledgment that parallel employment seriously undermines the energy necessary for the discharge of inspection functions and that it envisages remedying the situation through budgetary measures to improve the remuneration of labour inspectors. In response to the issue raised by the PIT-CNT concerning the disparity between the wages of tax inspectors and labour inspectors, the Government indicates that harmonization will be achieved in three stages, leading to the establishment of the principle of the exclusivity of their functions, which is already in force for officials of the Directorate General for Taxation. The Committee notes this information with interest and hopes that the budgetary measures to improve the level of remuneration of labour inspectors will take into account the significance of their socio-economic function and that they will no longer be compelled, to ensure their subsistence and that of their families, to engage in parallel employment in the private sector. The Committee wishes to emphasize once again that the function of labour inspection implies in practice that the officials engaged therein devote their full working hours and energy to their function, away from any improper external influences. A relationship of subordination with an employer is indeed likely to give rise to a conflict of interests jeopardizing the independence, authority and impartiality that are necessary to labour inspectors in their relations with employers and workers. Noting once again the Government’s reference to a procedure under which labour inspectors are required to declare under oath their second employment, with an indication in their personnel file, it cannot overemphasize the importance of reconsidering the matter in view of the credibility and probity required of labour inspection personnel.

With reference to the disparity between the salaries of labour inspectors and the labour inspection officials originating from the PLUNA (the former air passenger transport enterprise which has been privatized), which was also raised by the CIIT and the PIT-CNT, the Government indicates that, if these officials are not included in the labour inspection budget and discharge their functions under individual contracts, this is because they have refused integration into the inspection staff at the lowest level of the career structure, which is the procedure in force to ensure that current officials are not prejudiced. It indicates that five-yearly budgetary provisions are being prepared with at view to resolving this problem. The Committee hopes that the Government will implement the measures envisaged rapidly with a view to improving and harmonizing the status and conditions of service and of advancement of labour inspectors, in accordance with the letter and spirit of the Convention, and that it will keep the ILO informed rapidly, particularly through the provision of the relevant documents.

3. Article 3, paragraph 1(c). Role of the labour inspectorate in the improvement of the legislation and tripartite collaboration for the development of labour policy and legislation. The Committee notes with satisfaction the measures adopted by the Government to improve the labour legislation, including the establishment by Decree No. 114/005 of the Tripartite National Advisory Council for Labour Inspection Policy, chaired by the General Labour and Social Security Inspector, the responsibilities of which include promoting the adoption of legal provisions on the prevention of occupational risks and the improvement of working conditions, and the establishment, in the context of the agreement concluded by the Ministries of the Economy, Finance and Labour, of a tripartite commission on labour legislation. Furthermore, it is planned to establish a working group on the amendment of Decree No. 392/80 determining the list of documents for supervision which must be maintained by all establishments employing staff.

With reference to the comments made by the AITU concerning the absence of reaction by the higher labour inspection authority to reports by inspectors of abuses in cleaning and security enterprises, and the recommendations to remedy the corresponding shortcomings in the legislation, the Committee notes with interest the Bill to establish solidarity by subcontracting enterprises in relation to wage claims and the prevention of occupational risks. In the view of the Government, once adopted, this text should go a long way to remedying the abuses existing in service, security, forestry and cleaning enterprises. The Committee would be grateful if the Government would keep the ILO informed of any development in relation to labour policy and legislation on the conditions of work and the protection of workers while engaged in their work and provide information and documents on the operation of the tripartite bodies referred to above and the action taken on their recommendations. It requests the Government to provide information on any measures taken or envisaged with a view to the adoption of specific provisions applicable to labour inspection in ports.

4. Article 14. Notification to the labour inspectorate of industrial accidents and cases of occupational disease and the publication of information on occupational risks. With reference to its previous comments on the subject concerning, firstly, the disappearance indicated by the AITU of a publication of the State Insurance Fund and, secondly, the opinion expressed by the PIT-CNT in 2003 concerning the responsibility of the Government to organize the communication of information on industrial accidents and cases of occupational disease, the Committee notes with interest the Government’s announcement for 2006 of the organization and compilation, with the support of a statistical expert, of all the relevant information. It would be grateful if the Government would communicate this information to the ILO for the period covered by the next report on the application of the Convention and take measures for its inclusion in the annual report envisaged in Articles 20 and 21. It also once again requests the Government to provide copies of the legal provisions governing the procedure for the notification of industrial accidents in each of the sectors covered by the Convention.

5. Article 18. Appropriate penalties. According to the PIT-CNT, the procedures followed for the imposition of penalties on those committing violations of the legislation for which labour inspectors are responsible are not adapted and do not take into account repeat offences in the amounts of fines. Furthermore, as the receipt of fines is the responsibility of the division responsible for legal affairs, labour inspectors are not informed of the measures taken as a result of their action. The Committee notes with satisfaction in relation to the first point, Decree No. 186/004 of 8 June 2004, under which violations of the labour legislation are classified according to their nature and taking into account the right affected, and the financial penalties applicable are determined on the basis of parameters such as negligence, wilful intent, the number of workers concerned, repeated failure to comply with orders and the damage caused. The Committee would be grateful if the Government would indicate whether it envisages taking measures to ensure that inspectors are kept informed of the penalties applied in practice so that they can assess the impact of their action and the dissuasive effect expected from these penalties.

The Committee is addressing a request directly to the Government on other matters.

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The Committee notes the comments of the Association of Labour Inspectors of Uruguay (AITU) concerning the application of the Convention, transmitted to the ILO by the Latin American Confederation of Labour Inspectors (CIIT) on 19 February 2004 and communicated to the Government on 2 April 2004.

In its comments, the AITU considers that the Government’s report concerning the period ending 31 May 2003 is too general in character and raises certain points regarding a malfunctioning of the labour inspectorate.

1. Contribution of labour inspectors towards improving the legislation covered by the Convention (Article 3, paragraph 1(c), of the Convention). The Organization regrets the lack of reaction from the higher labour inspection authority to the reports of abuses observed in cleaning, security and forestry enterprises and to the recommendations made by the inspectors as regards supplementing the legislation with relevant provisions.

2. Impact of the performance of a parallel professional activity on the functioning of the labour inspectorate (Article 3, paragraph 2). According to the Organization, the effect of permission given to inspectors to engage in parallel employment is to restrict significantly the working time and energy which is essential for the performance of inspection duties, and to prejudice the authority, impartiality, prestige and credibility of the inspection system. No procedure has yet been established which would oblige labour inspectors to declare to the competent authority their dependence in relation to private enterprises, and cases of infringement noted and reported by the labour inspectors are not always the subject of relevant administrative inquiries.

The work of a labour commission (composed in particular of representatives of the Labour Ministry and Labour Inspectorate and of members of the AITU management), which was set up in October 2002 in order to seek appropriate solutions to the problems posed by the performance of employment in parallel to inspection duties, has been suspended, even though the administration had envisaged extending to labour inspectors, in a draft act, the requirement concerning the exclusivity of duties and raising the level of remuneration applicable to inspectors of the Directorate-General of Taxation. This draft culminated in the adoption of Act 17706 of 4 November 2002, the scope of which remains limited to tax officials, a development which is perceived by the AITU as a discriminatory act and one having a devaluing effect vis-à-vis labour inspectors and their duties.

3. Conditions of service of labour inspectors (Article 6). According to the AITU, five inspectors on contract with responsibility for environmental conditions were forced to waive their right to wage compensation in order to be incorporated in the budgetary posts of the labour inspectorate. The level of remuneration for labour inspectors is claimed to be discriminatory in relation to that applied to other inspection corps despite the scale of their duties and responsibilities.

4. Training, number and conditions of work of inspection staff (Articles 7, 10 and 11). The AITU deplores the reduction in human resources further to the implementation of the policy to cut public expenditure; the lack of training of serving inspection staff; the inadequacy of practical resources to perform the work; the slowness of the procedure to reimburse travel costs incurred by inspectors in the performance of their duties; the scarcity of fuel preventing the use of official vehicles and consequently inspection visits. The dissolution of the National Port Services Administration (ANSE) is also claimed to have resulted in an extra burden of work for the labour inspectorate without any transfer of budget allocations and resources provided for by law, and there is a lack of adequate planning in inspection activities in the port sector.

5. Suppression of sources of documentary information (Article 14). The Organization indicates the regrettable demise of a State Insurance Fund publication on industrial accidents which it considered an important instrument for the implementation of a preventive policy.

Referring to its repeated comments on the persistent failure of the Government to discharge its obligations under the Convention and to the discussions to which these failures gave rise within the Committee on the Application of Standards during its June 2002 session, the Committee once again requests the Government to provide information and a copy of any text concerning the measures taken to restore the operational efficiency of the inspection system, particularly: (i) re-establishing conditions of service for labour inspectors which ensure their independence with regard to any improper external influences (Article 6 of the Convention) and enable them to discharge their duties with the necessary authority and impartiality (Article 3, paragraph 2); and (ii) boosting practical, financial and logistical resources which are essential to the inspection services (Articles 11 and 16).

The Government is also asked to communicate to the Office any clarification or comment which it considers appropriate in relation to the grievances expressed by the AITU and to provide a copy of any relevant text.

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Referring also to its observation, the Committee notes that the Government has not supplied information on the points raised in its previous comment which read as follows:

1. Distribution by gender of the inspection service. Recalling that under Article 8 of the Convention both men and women shall be eligible for appointment to the inspection staff and that, where necessary, special duties may be assigned to men or women inspectors, the Committee requests the Government to indicate the proportion of women engaged in inspection work and to specify whether they have been assigned special duties.

2. Notification to the labour inspectorate of industrial accidents and cases of occupational disease. Referring to the explanations supplied by the Government on how effect is given to this by Ministerial Resolution, section 14, of 23 June 1995, the Committee notes that this information concerns the specific manner of notifying industrial accidents occurring in the building sector and that the labour inspectorate is notified through the social insurance scheme or the police in the most serious cases. The Government is requested to supply information as to how the aforementioned provision of the Convention is applied in the other sectors of activity covered by the Convention and to provide any relevant texts. The Committee would also be grateful if the Government would specify the criteria of seriousness taken into consideration for notification of industrial accidents.

The Committee recalls that under Article 14 cases of occupational disease shall also be notified to the labour inspectorate and requests the Government to supply information on any legislation and practice on this matter as well as any measure taken or envisaged to promote information to employers and workers on the requirement for, and manner of, giving effect in practice to this provision.

3. Labour inspection and child labour. Referring to its 1999 general observation, the Committee notes with interest the information regarding the numerous activities, with UNICEF financial support, designed to diagnose the situation regarding child labour as well as the training and awareness-raising programme on the matter for staff of the Ministry of Labour and Social Security. It notes that the National Institute for Young People (INAME) collaborates in inspection activities. The Committee hopes that the Government will not fail to communicate information on the outcome of these various activities in practice and that statistics concerning inspection activities in regard to child labour will be supplied separately in forthcoming annual inspection reports.

4. Training of inspectors on the subject of women at work. The Committee notes with interest that, in the framework of in-service training, labour inspectors have participated in workshops on working conditions of women. The Government is requested to supply information regularly on the content of in service training for labour inspectors, and the impact of this training on inspection activities.

The Committee requests the Government to provide the information asked for as well as any relevant document.

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The Committee notes the Government’s report and the comments made by the Latin American Confederation of Labour Inspectors (CIIT), supplementing the information provided in 1999. It also notes the information provided by the Government to the Conference Committee and that provided to the Office in reply to its previous comments, the matters raised by the CIIT in its additional observation in May 2002, and the attached documents. Finally, it notes the new comments made by the Federation of Workers’ Unions (PIT-CNT), supplied by the Government in September 2003.

With reference to the discussion in the Conference Committee in 2002, during which the Government expressed its will to revalue the inspectorate and provided information concerning the increase in the staff of the labour inspectorate and the improvement in the level of remuneration of inspectors over recent years, the Committee notes that, according to the CIIT, the Directorate of General Labour Conditions has been headed by an inspector appointed ad interim for the past six years, while there is no head of the Division of Environmental Working Conditions. The degradation of the inspection system, aggravated by the budgetary restrictions which have limited inspections, is masked by having recourse to the collaboration of officials called upon to carry out a large number of inspections in a small locality for a brief period with the sole aim of increasing the statistics. By reason of the inadequacy of travel allowances for labour inspectors, their duties are restricted to workplaces within a radius of 50 kilometres from the inspection premises and budgetary restrictions have even resulted in a lack of paper. The low level of the salaries of labour inspectors encourages them to engage in parallel employment to the prejudice of their principal duties, while another cause of lack of motivation is the discriminatory wage practices between the various services performing inspection duties. Furthermore, the new burden placed upon the labour inspectorate due to the dissolution of the National Port Services Administration (ANSE) has not been accompanied, as it should have been, by an appropriate strengthening of the infrastructure to allow, for example, inspections at night. Furthermore, as statistics on employment accidents and occupational diseases, and information on their causes, are not published, it is not possible to implement any prevention policy. With regard to the question of organization, this situation is reported to have resulted in the desertion of the inspection services by users who do not find that it responds to their concerns.

1. In reply to the points raised by the CIIT, the Government indicates that the post of director of the Division of Environmental Working Conditions is currently filled and that the head of the General Labour Conditions Division should be filled in the near future by means of a competition. It adds that most of the other matters are related to the economic crisis, that all the officials in all public administrations are also affected by the low level of remuneration, the absence of travel allowances and the inadequacy of material resources. With regard to the fall in the number of complaints lodged by workers, it indicates that this is directly related to the rise in unemployment, which is also a result of the economic crisis.

2. With regard to the possibility for labour inspectors to engage in a parallel occupation, under the terms of section 290 of Act No. 16626, the Government reiterates its remarks to the Conference Committee, namely that a declaration to the competent authority and the prohibition from any intervention as inspectors in matters directly or indirectly related to their private activities is sufficient to ensure the compatibility between the two occupations exercised by labour inspectors. The independence of inspectors is not therefore jeopardized. The Government indicates in this respect that any violations reported have given rise to disciplinary proceedings.

3. The problem concerning the overload of work related to the new responsibilities of the inspectorate in the port sector is reported to be being resolved, as a tripartite working group has been established to improve the effectiveness of the action taken with the collaboration of all the stakeholders concerned.

4. Finally, the Government states that the publication of all statistics on employment accidents and occupational diseases lies within the competence of the State Insurance Fund.

The Committee wishes to emphasize the priority nature of labour inspection for the achievement of social objectives and recalls the possibility, where the economic situation of a country does not allow it to comply adequately with the requirements of a ratified Convention, to have recourse to international financial cooperation with, where necessary, the technical support of the ILO, with a view to the financing and implementation of priority measures for this purpose. It trusts that the Government will take the necessary measures for this purpose and that it will rapidly be in a position to implement, in accordance with the request of the Conference Committee on the Application of Standards, measures to: (1) re-establish for labour inspectors conditions of service ensuring their independence from any improper external influences (Article 6 of the Convention) and enabling them to discharge their duties with the authority and impartiality which are necessary in their relations with employers and workers (Article 3, paragraph 2); and (2) strengthen the material, financial and logistical resources that are indispensable for the discharge of their duties, in view of the mobility required of labour inspectors (Articles 11 and 16). The Committee requests the Government to provide information on all the measures adopted or envisaged for these purposes and the results obtained.

Furthermore, in an observation forwarded by the Government in September 2003, PIT-CNT refers to problems in the application of the Convention in relation to: Article 5(b) (collaboration between officials of the labour inspectorate and employers and workers or their organizations); Article 6 (status and conditions of service of labour inspectors); Article 9 (association of experts and technicians with the work of labour inspection); Article 11 (material and logistical resources of the inspection services); Article 16 (frequency and effectiveness of inspections); Article 18 (adequacy of penalties). Reacting to the Government’s indication concerning the responsibility of the State Insurance Fund for the notification to labour inspectors of employment accidents and occupational diseases (Article 14), PIT-CNT considers that it is nevertheless the responsibility of the Government to take measures to ensure the communication of the relevant information to the inspectorate. The Committee would be grateful if the Government would indicate to the Office its point of view on each of these issues.

Noting that, according to the Government, an annual report on the work of the labour inspection services should soon be drawn up based on the development of the computer system of the statistical unit of the General Labour Inspectorate, the Committee once again expresses the hope that a report of this nature containing information on each of the matters covered by Article 21 will be published and a copy transmitted to the ILO, in accordance with Article 20.

The Committee is addressing a request directly to the Government on other points.

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The Committee notes the comments by the Latin American Confederation of Labour Inspectors (CIIT) on the application of the Convention, which were communicated to the ILO on 20 May 2002 and forwarded to the Government on 23 July 2002. Also with reference to its previous comments and the discussion in the Committee on the Application of Standards of the International Labour Conference in June 2002, the Committee would be grateful if the Government would provide information in reply to all the points raised on the application of the Convention.

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Referring also to its observation, the Committee requests the Government to supply supplementary information on the following points.

1. Distribution by gender of the inspection service. Recalling that under Article 8 of the Convention both men and women shall be eligible for appointment to the inspection staff and that, where necessary, special duties may be assigned to men or women inspectors, the Committee requests the Government to indicate the proportion of women engaged in inspection work and to specify whether they have been assigned special duties.

2. Notification to the labour inspectorate of industrial accidents and cases of occupational disease. Referring to the explanations supplied by the Government on how effect is given to this by Ministerial Resolution, section 14, of 23 June 1995, the Committee notes that this information concerns the specific manner of notifying industrial accidents occurring in the building sector and that the labour inspectorate is notified through the social insurance scheme or the police in the most serious cases. The Government is requested to supply information as to how the aforementioned provision of the Convention is applied in the other sectors of activity covered by the Convention and to provide any relevant texts. The Committee would also be grateful if the Government would specify the criteria of seriousness taken into consideration for notification of industrial accidents.

The Committee recalls that under Article 14 cases of occupational disease shall also be notified to the labour inspectorate and requests the Government to supply information on any legislation and practice on this matter as well as any measure taken or envisaged to promote information to employers and workers on the requirement for, and manner of, giving effect in practice to this provision.

3. Labour inspection and child labour. Referring to its 1999 general observation, the Committee notes with interest the information regarding the numerous activities, with UNICEF financial support, designed to diagnose the situation regarding child labour as well as the training and awareness-raising programme on the matter for staff of the Ministry of Labour and Social Security. It notes that the National Institute for Young People (INAME) collaborates in inspection activities. The Committee hopes that the Government will not fail to communicate information on the outcome of these various activities in practice and that statistics concerning inspection activities in regard to child labour will be supplied separately in forthcoming annual inspection reports.

4. Training of inspectors on the subject of women at work. The Committee notes with interest that, in the framework of in-service training, labour inspectors have participated in workshops on working conditions of women. The Government is requested to supply information regularly on the content of in service training for labour inspectors, and the impact of this training on inspection activities.

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The Committee notes the Government’s reports, the comments by trade unions on the application of the Convention and the information supplied by the Government on the points raised. As it did in its observation of 2000 on the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee draws the Government’s attention to the inconsistencies between national legislation and practice and the requirements of the Convention, pointed out in the comments of 29 December 1999 of the Federation of Workers’ Unions - National Workers Convention (PIT-CNT) and the observation of the Association of Labour Inspectors of Uruguay (AITU) sent to the ILO by the Latin American Confederation of Labour Inspectors (CIIT) on 26 May 2000. The Government is asked to take the necessary steps to remove these inconsistencies and to provide information on the measures taken and the results obtained.

1. Articles 3 and 6 of the Convention (Status and conditions of service of labour inspectors). Under Act No. 16 226 of 29 October 1991, labour inspectors may, in parallel to their main occupation, carry out another unrelated gainful activity provided that they first inform the institution to which they belong and refrain from intervening in their capacity as labour inspectors in any matter which is linked directly or indirectly to their private activity. The Committee notes that the provisions of the abovementioned Act which repeal section 495 of Act No. 15 803 of 10 November 1987, which specifically prohibited inspectors, in line with the Convention, from carrying out other professional activities and which authorize inspectors to devote to other gainful activities the time and energy they need to perform properly the numerous and complex duties of labour inspection. The Committee is of the view that such provisions are bound to impair the performance of these duties. Noting that the Government sees this legislative measure as a means of enabling inspectors to increase their earnings, the Committee wishes to stress that oversight of an inspector by some other employer is contrary to Article 6 of the Convention which requires inspection staff to have the status and conditions which make them independent of improper external influences. According to the Association of Labour Inspectors of Uruguay (AITU), the wage differential between labour inspectors and inspectors in other agencies of the administration such as tax inspectors makes inspection staff more vulnerable. The Committee wishes to recall, as it did in its observation under Convention No. 129, that the authority and impartiality that labour inspectors need in their relations with employers and workers can be ensured only if the statutory and material conditions specified in Article 6 are met. The Committee is therefore bound to urge the Government to take the necessary steps to ensure that, in accordance with this provision, inspection staff enjoy a status and conditions of service such that they are assured of stability of employment and are independent of changes of government and of improper external influences.

2. Size of inspection staff and definition of priorities. In response to the comments made by the abovementioned trade unions observing the deterioration of the labour inspection system due not only to the reasons given but also to inadequacy of numbers and of means at their disposal, the Government indicates that it has taken measures to strengthen the labour inspectorate, such as the hiring of interns as prevention agents and the holding of competitive examinations, in order to fill vacancies in the inspectorate, and to create new posts. The Committee, nonetheless, notes that the Government does not give its views on the point made by the PIT-CNT on efforts to make the labour inspectorate more effective were concentrated on the construction sector to the detriment of other sectors and particularly the meat-processing sector which also requires attention, particularly in the area of occupational health and safety. The Committee further notes that the statistics supplied by the Government with its report for the period ending June 2000, relating to the actions undertaken by the labour inspectorate, cover a population of 85,651 workers as opposed to 140,630 in 1998. This reduction in numbers would appear to confirm that the size of the inspection staff is inadequate to cope with needs and to call for urgent measures to protect as many as possible of the workers employed in establishments subject to supervision, by the labour inspectorate. The Committee would be grateful if the Government would indicate the number of establishments liable to such supervision and the current number and geographical distribution of the labour inspectors who cover these establishments.

3. Preparation, publication and transmission to the ILO of an annual inspection report. The Committee notes once again that no annual inspection report has been transmitted to the ILO in the form and content prescribed by Articles 20 and 21 of the Convention, respectively. It can but urge the Government to take steps to endow the central inspection authority with the means to fulfil the fundamental obligation to prepare and publish such a report, the objectives and usefulness at the national and international level of such an obligation being described and enlarged on in paragraphs 272 et seq. of its General Survey on labour inspection of 1985. The Committee trusts that the Government will not fail to refer to the above survey, and hopes that it will shortly be in a position to indicate that an annual inspection report is soon to be published, a copy of which is to be duly transmitted to the ILO.

The Committee is addressing a request directly to the Government concerning other matters.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised previously.

1. Article 14 of the Convention. The Committee notes that under section 14 of the Ministerial Decision of 23 June 1995, serious accidents must be notified to the General Labour and Social Security Inspectorate (IGTSS) within 12 hours following the accident. The Committee asks the Government to indicate whether the IGTSS is also informed, as prescribed by national laws and regulations, of occupational accidents which are not serious and, if so, within what time limits.

2. Legal proceedings and sanctions. The Committee has previously noted that the national legislation established sanctions for breaches of the laws and regulations and of international conventions (Act No. 15.903 of 10 November 1987, section 289 as amended by Act No. 16736 of 5 February 1996; Decree No. 89/995 of 21 February 1995, section 263). The Committee again asks the Government to provide more detailed information on the measures taken by labour inspectors pursuant to Articles 17 and 18 of the Convention.

3. Inspection in the informal sector. The Committee has previously noted the Government's statement in its report that inspection is difficult in the informal sectors and that consultations with the social partners are under way. The Committee asks the Government to provide information on any developments in this area and on the results of these consultations.

4. Articles 20 and 21. With reference to its previous comments, the Committee hopes that the Government will publish and send regularly to the ILO an annual inspection report containing information on all the matters set out in Article 21.

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The Committee notes the observations of the Latin-American Confederation of Labour Inspectors alleging the low level of remuneration of labour inspectors as compared to other state inspection services such as those supervising the payment of taxes and social security contributions (Article 6 of the Convention); the insufficient number of labour inspectors and of the frequency of inspections (Articles 10 and 16).

Noting that the Government's report has not been received, the Committee hopes that the Government will provide information in reply to the observations of the Latin-American Confederation of Labour Inspectors as well as to the previous detailed observation of the Committee on the following matters:

1. In its previous comments the Committee noted the adoption of several new occupational health and safety standards for the construction sector, which involve the Labour Inspectorate, including Decree No. 283/996 of 10 July and Ministerial Decision of 12 August 1996 laying down the obligation to submit safety and health studies and a safety and health plan to the General Labour and Social Security Inspectorate (IGTSS) before a work site is opened and at every stage of work. The Committee also noted the Emergency Plan for safety in the construction industry which was designed and developed by the IGTSS as part of the Annual Inspection Plan in response to the increase in the number of accidents in the construction industry. The Committee reaffirms its hope that the Government will pursue its efforts to strengthen the capacity of the labour inspectorate, in the construction sector as well as other sectors so that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions and asks the Government to provide information on progress in this area (Articles 3, 10 and 16).

2. The Committee has previously referred to the provision of sanctions and legal proceedings instituted or recommended by labour inspectors, to the notification of occupational accidents and diseases, and to the activities of the labour inspection in the informal sector. The Committee hopes that the Government will provide information in these matters to which the Committee refers also in a direct request.

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1. Article 14 of the Convention. The Committee notes that under section 14 of the Ministerial Decision of 23 June 1995, serious accidents must be notified to the General Labour and Social Security Inspectorate (IGTSS) within 12 hours following the accident. The Committee asks the Government to indicate whether the IGTSS is also informed, as prescribed by national laws and regulations, of occupational accidents which are not serious and, if so, within what time-limits.

2. Articles 20 and 21. With reference to its previous comments, the Committee hopes that the Government will publish and send to the ILO an annual inspection report containing information on all the matters set out in Article 21.

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In its previous comments the Committee noted that the Governing Body had adopted the report of the Committee set up to examine the representation made under article 24 of the Constitution by a number of trade union organizations which alleged non-observance of several Conventions, including Convention No. 81, in connection with the high number of accidents in the construction sector. The above Committee concluded that, in practice, the application of the Convention was not ensured and recommended that the Government take the necessary steps to ensure observance of the existing safety and health standards, strengthen the labour inspection system and enforce sanctions.

The Committee notes the information supplied by the Government in its report, much of which concerns inspection in the construction sector. It also notes the conclusions and recommendations in the report, approved by the Governing Body at its 270th Session (November 1997), of the Committee set up to examine a representation submitted under article 24 of the Constitution alleging non-observance of the Occupational Safety and Health Convention, 1981 (No. 115). The Committee notes that, both in its report and in the course of the article 24 procedure, the Government gives a detailed account of the measures taken regarding legislation, and the organization, training and operation of the labour inspectorate.

1. Measures in the construction sector: Legislative measures

The Committee notes the adoption of several new occupational health and safety standards for the construction sector, which involve the Labour Inspectorate. It notes Decree No. 283/996 of 10 July and the Ministerial Decision of 12 August 1996 laying down the obligation to submit safety and health studies and a safety and health plan to the General Labour and Social Security Inspectorate (IGTSS) before a work site is opened and at every stage of the work.

Emergency Plan

The Committee notes the Emergency Plan for safety in the construction industry which was designed and developed by the IGTSS as part of the Annual Inspection Plan in response to the increase in the number of accidents in the construction industry. The Plan for the construction sector was adopted in February 1996 and its purpose was to reduce the accident rate through inspection and preventive measures. The components of the Plan were: the programme to provide the IGTSS with human and material resources, the programme for cooperation with other institutions involved in the construction sector, the programme for the inspection of occupational safety and health conditions in construction, the programme for safety training of the inspectorate, the programme of information on risks in construction and the safety measures to be taken. The programmes have achieved the following results:

As a result of the programme to provide the IGTSS with human and material resources, the number of inspectors specialized in occupational safety and health has increased and now stands at 28; administrative and technical staff have been made available, vehicles and other suitable means such as the gradual computerization of data processing have been placed at the disposal of the inspectors (Articles 10 and 11 of the Convention).

The cooperation programme was organized to ensure participation by all the persons involved in the construction sector in health and safety matters: cooperation agreements have been concluded with financial assistance and participation of the ILO amongst others (Article 5); Decree No. 83/96 has established the National Occupational Health and Safety Council.

The training programme, which includes the staff of the IGTSS, has made it possible to offer training courses to newly appointed young inspectors and experienced inspectors, with financial participation and assistance by the ILO (Article 7).

The programme for the inspection of occupational health and safety conditions was designed to reduce the accident rate by detecting, evaluating and remedying risks within a specified time-limit or by preventive closure. Inspection visits were planned according to the size of the works, the extent of the risk, the number of persons employed and the complaints submitted. The Committee notes the information on the first results of this programme:

-- With regard to the number of inspection visits, the Committee notes with interest that they increased by 80 per cent in 1996 over 1994 and by 23 per cent over 1995; that 3,688 inspections were carried out between September 1996 and May 1997, covering 60 per cent of workers in this sector; that during this period the total or partial closure of 142 enterprises was decided. It also notes with interest from the statistics supplied with the Government's report that 4,241 inspections were programmed in 1995 and 21,726 in 1996, which represents an increase of 92.44 per cent, the percentage being slightly lower in the first quarter of 1997 (82.6 per cent), whereas inspections following a complaint decreased from 12,548 to 1,755, amounting to 7.56 per cent of inspection visits.

-- With regard to the number of occupational accidents in the construction sector, the Committee notes that their number has dropped as compared to previous years and as compared to other sectors, but that it is nonetheless high.

The Committee therefore hopes that the Government will pursue its efforts to strengthen the capacity of the labour inspectorate, in the construction sector as well as other sectors so that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions and asks the Government to provide information on progress in this area (Articles 3, 10 and 16).

2. Legal proceedings and sanctions

The Committee notes that the national legislation establishes sanctions for breaches of the laws and regulations and of international conventions (Act No. 15.903 of 10 November 1987, section 289 as amended by Act No. 16736 of 5 February 1996; Decree No. 89/995 of 21 February 1995, section 263). It notes the summary statistics of sanctions applied from 1995 to May 1997. It asks the Government to provide more detailed information on the measures taken by labour inspectors pursuant to Articles 17 and 18 of the Convention.

3. Inspection in the informal sector

The Committee notes the Government's statement in its report that inspection is difficult in the informal sectors and that consultations with the social partners are under way. The Committee asks the Government to provide information on any developments in this area and on the results of these consultations.

4. Notification of occupational accidents and diseases

The Committee is addressing a direct request to the Government concerning the notification of occupational accidents and diseases to the labour inspectorate and their publication in the annual inspection report, in accordance with Articles 14, 20 and 21 of the Convention.

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1. The Committee notes that the Governing Body, at its 267th Session (November 1996), adopted the report of the committee set up to examine the representation presented under article 24 of the Constitution by the Inter-Union Assembly of Workers-National Convention of Workers (PIT-CNT) and its affiliate, the National Single Trade Union in Construction and Similar Activities (SUNCA), alleging non-observance by Uruguay of the Safety Provisions (Building) Convention, 1937 (No. 62), the Labour Inspection Convention, 1947 (No. 81), the Labour Administration Convention, 1978 (No. 150) and the Occupational Safety and Health Convention, 1981 (No. 155) and the Occupational Health Services Convention, 1985 (No. 161).

In their representation, the complainant organizations claimed that private enterprises in the construction sector, which employs the largest proportion of manpower in the country, were reducing to a minimum their prevention costs relating to safety and health. The result, according to the complainants, was a major renewed outbreak of infringements of the current legislation on safety and health. The organizations concluded that this situation had arisen because of the non-existence of an efficient labour administration, capable of assuming its responsibilities in the fields of industrial accidents and occupational diseases, in particular concerning employers' respect for legislative provisions. They also considered that the labour inspection service did not have sufficient human and material resources necessary to carry out its tasks.

The conclusions of the report show that, while it is a fact that the national legislation gives effect to the Conventions, and that the Government had made efforts to improve the system of inspection and accident prevention in the construction sector, the high number of industrial accidents in this sector including a number of mortal accidents, following non-observance of the national legislation, leads to the conclusion that, in practice, the application of Convention Nos. 62, 81, 150 and 155 is not ensured. In accordance with the recommendations in the report, the Government is asked to take the measures necessary to: guarantee that the legislation on occupational safety and health in the construction sector is applied to all the workers employed in this sector; to ensure observance of the standards in force regarding safety and health by all the enterprises in the sector, with particular attention being given to subcontractors; check that temporary workers receive the training necessary for them to carry out their tasks; strengthen the labour inspection system and the other administration bodies responsible for verifying observance of the safety and health standards; and guarantee that all complaints received are systematically and diligently investigated and followed up by the penalties set out in the national legislation when infringements of the safety standards are detected.

The Committee asks the Government to supply information on the measures taken to give effect to the recommendations so as to ensure the application of the Convention.

2. Referring to its previous comments, the Committee hopes that the Government will publish and send to the Office an annual inspection report including information on the number of workplaces liable to inspection and statistics on industrial accidents and occupational diseases (Articles 20 and 21 (c), (f) and (g)).

CMNT_TITLE

In previous comments, the Committee noted the concern expressed by the workers' organization PIT-CNT at the reduction in the numbers of inspections and of workers protected in the country; and at the incomplete inspection statistics provided. It now notes comments received from the Uruguay Association of Labour Inspectors (AITU), drawing attention to inspectors' conditions of work - in particular their wage levels - which seriously affect their ability to carry out their inspection functions.

In its report, the Government indicates a number of inspectors (74) slightly lower than previously, although it states too that - despite the shortage of vehicles and with the help of transport provided by the Ministry of the Interior - inspection activity increased in 1991 by 428.7 per cent over 1989.

The Committee hopes that in its next report the Government will include information showing how the conditions of service of labour inspectors assure them of stability of employment and all due independence (Article 6 of the Convention). It also hopes that annual inspection reports will be published and transmitted to the Office in accordance with Article 20 and will include all the information called for under Article 21. This will facilitate a better appreciation of how the Convention is applied as a whole, including Articles 7, 9 and 10, as regards the numbers, qualifications, training and specializations of inspection staff.

CMNT_TITLE

The Committee notes that the workers' organisation PIT-CNT is concerned at the reduction in the numbers of inspections and of workers protected in the country. It has noted also the partial inspection statistics provided by the Government following its earlier comments. The Committee would be glad if the Government would give its opinion of the PIT-CNT comment; and if it would in any event endeavour to ensure that annual inspection reports are compiled and published in accordance with Article 20 of the Convention, including all the information required under Article 21. The Committee stresses that such data are an essential means of determining whether workplaces are being inspected as often and as thoroughly as necessary in conformity with Article 16, and of deciding on remedial measures needed.

CMNT_TITLE

With reference to its previous comments, the Committee takes note of the information supplied by the Government concerning the application of Articles 11 and 16 of the Convention.

Articles 20 and 21. The Committee notes that the annual labour inspection reports for 1986, 1987, 1988, and 1989 do not contain all the information required by Article 21 of the Convention, particularly as regards the laws and regulations relevant to the work of the inspection service and the number of workplaces liable to inspection. It hopes that future annual inspection reports will be completed so as to contain this information as well as the statistics of industrial accidents and occupational diseases compiled by the Insurance Bank. Furthermore, the Committee trusts that, in future, the annual inspection reports will be published and transmitted to the International Labour Office within the time-limits set forth in Article 20.