Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Labour Inspection Convention, 1947 (No. 81) - Hungary (Ratification: 1994)

The Committee notes the observations made by the workers’ representatives of the Tripartite National ILO Council of the Ministry of Social Matters and Labour, which were attached to the Government’s report, and the Government’s reply to these observations.

Article 3(1)(b) of the Convention. Labour inspection functions in the area of technical information and advice. The Committee notes that, in reply to a request for further information by the workers’ representatives of the Tripartite National ILO Council, the Government indicates that the advisory functions envisaged in Article 3(1)(b) of the Convention are exercised only by Occupational Safety and Health (OSH) inspectors, through the Labour Protection Information Service and the Labour Protection Consultancy Service in regional labour inspectorates, while inspectors entrusted with labour matters do not provide advice to employers and workers.

The Committee recalls that in conformity with Article 3(1)(b) of the Convention, the functions of labour inspectors should include the supply of technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions relating to conditions of work and the protection of workers while engaged in their work, in so far as such provisions are enforceable by labour inspectors. The Committee notes that since under section 3 of Act No. LXXV of 1996, labour inspectors are entrusted with the supervision of legal provisions in a number of areas beyond OSH (such as employment contracts, employers’ records, equality of treatment, the employment of women, young persons and people with disabilities, working time, the protection of trade union rights etc.), labour inspectors should be able to provide technical information and advice to employers and workers concerning the most effective means of complying with these legal provisions. While taking due note of the information provided by the Government on the promotional campaigns carried out by the labour inspectorate in the area of OSH, the Committee also recalls that as indicated in paragraph 99 of its General Observation of 2006 on Labour Inspection, while it is very important to make a special effort to carry out promotional campaigns to promote compliance with legal provisions on OSH, this approach should also include other important aspects of conditions of work, such as hours of work, leave, protection of wages, prohibition of discrimination, equality of remuneration for men and women for work of equal value and equality of treatment and protection of vulnerable categories of workers.

The Committee requests the Government to indicate the measures taken or envisaged so that inspectors in the area of labour matters are also entrusted with the function of providing technical information and advice to employers and workers in line with Article 3(1)(b) of the Convention, and to provide information on any progress made in this regard, including any promotional campaigns to promote compliance with legal provisions in areas other than OSH.

Please also indicate whether OSH inspectors can provide information and advice during inspection visits or only exercise these functions through the Labour Protection Information Service and the Labour Protection Consultancy Service.

Articles 7(3), 9, 10, 13 and 14. Association of duly qualified technical experts and specialists in the work of the labour inspectorate. Labour inspection activities aimed at the prevention of industrial accidents and cases of occupational disease. The Committee notes the observations made by the workers’ representatives of the Tripartite National ILO Council with regard to OSH inspectors not having the requisite expertise to detect potential hazards that lead to occupational diseases, particularly in relation to chemicals, and order measures to eliminate them. They consider that labour inspection reports do not reflect potential hazards and do not allow for the investigation of the causes of occupational diseases. They also consider it alarming that, in this context, the labour inspectorate employs external experts only for the investigation of fatal work accidents.

The Government indicates that all OSH inspectors have the requisite technical and/or occupational health and hygiene qualifications and have taken part in courses related to chemicals. The Government provides information on the length of training and the number of participants in training courses for OSH inspectors in 2008 and 2009, without indicating the content of such training, except in one case (training on asbestos). Taking into account the qualifications and training of labour inspectors, the Government is of the view that it is only necessary to associate external experts (such as experts in forensic medicine) in the work of the labour inspectorate in specific cases. The Government particularly refutes the allegation that hazards potentially leading to occupational diseases are not appropriately prevented and investigated. In this regard, the Government refers to Decree No. 27/1996 (VIII.28) NM of the Ministry of Welfare on the reporting and investigation of occupational diseases and cases of increased or high exposure (DRIOD), which empowers the Hungarian Institute for Occupational Safety and Health (HIOSH) to order the communication of additional data through examination by the OSH Inspectorate, the conduct of further examinations under its own responsibility, or the employment of external experts if it comes to the conclusion that data provided in a report on a suspected case of an occupational disease is not complete or that there are inconsistencies (section 5(8) of DRIOD No.27/1996). The Government adds that the existence of an occupational disease is determined by the social security body in a final decision following the procedure described in the above Decree.

The Committee would like to draw the Government’s attention to paragraphs 196–198 of its 2006 General Survey on labour inspection where it is indicated that, in order to be effective, the inspection of workplaces must permit the detection of potential hazards so that measures can be determined to eliminate or reduce them as far as possible. Such inspections often require a high level of expertise and are thus a matter for specialist technical advisers. Inspectors must collaborate with such technical advisers or experts in order to carry out technical inspections for which their own qualifications are not sufficient as provided for in Article 9 of Convention No. 81. The Committee also recalls that as indicated in paragraph 198 of its General Survey, national conditions permitting, it would be desirable that such technical advisers or specialists be integrated into the labour inspection teams.

The Committee requests the Government to provide information and data on the application in practice of legislation on the investigation of industrial accidents and cases of occupational disease (number of industrial accidents and cases of occupational disease reported to the labour inspectorate, number of investigations of industrial accidents and cases of occupational disease, findings and follow-up measures including sanctions imposed).

The Committee requests the Government to provide information and data on the preventive action taken by the labour inspectorate with a view to remedying defects observed in plant, layout or working methods which labour inspectors may have reasonable cause to believe constitute a threat to the health or safety of the workers including measures with immediate executory force in the event of imminent danger to the health or safety of the workers as provided for in Article 13 of the Convention.

The Committee asks the Government to provide detailed information on the training provided to labour inspectors in the area of OSH during the next reporting period (content, duration, frequency and number of participants, etc.). Noting that according to the Government the highest number of occupational diseases had been caused by chemicals and biological agents in 2007 and 2008, the Committee asks the Government to provide in particular information on any related training provided to labour inspectors. If available, please send a copy of any legislative text (including any administrative decision or circular) on training arrangements for OSH inspectors.

Articles 10 and 16. Number of labour inspectors and effectiveness of the labour inspection system. The Committee notes that the workers’ representatives of the Tripartite National ILO Council deplore the insufficient numbers of inspectors. In this regard, it notes the information in the Government’s report showing a significant decrease in the total number of labour inspectors from 696 in 2008 to 538 in 2011, including a decrease in the number of inspectors entrusted with labour matters from 415 in 2008 to 338 in 2011 and a decrease in the number of OSH inspectors from 281 in 2008 to 200 in 2011. While noting the Government’s indication that the number of labour inspectors satisfies efficiency requirements, the Committee asks the Government to provide information on the impact of the reduction in labour inspectors on the work of the labour inspectorate. It would be grateful if the Government would carry out an evaluation of the needs of the labour inspection system in terms of human resources, both in the areas of OSH and labour matters, in the light of the criteria set in Article 10 of the Convention, in particular the number of workplaces liable to inspection and the number of workers employed therein, as well as the material means at their disposal.

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