Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Poland

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1995)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1995)

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.

Article 3(1)(a) and (b) of Convention No. 81 and Articles 6(1)(a) and (b) and 17 of Convention No. 129. Preventive control of new establishments and installations. The Committee notes the Government’s indication, in reply to its previous comments, that although the amendments to the Act on the National Labour Inspectorate (ANLI) repealed the duty of the National Labour Inspectorate (NLI) to carry out inspections related to the design of construction, reconstruction and modernization of establishments including machinery and technical equipment, other authorities under the Act of 2002 on the Conformity Assessment System (ACAS) carry out such inspections. The Government states that, pursuant to section 38 of the ANLI, the NLI continues to be entrusted with the supervision of products that are placed on the market, and performs inspections related to buildings, rooms, workstations, machinery and equipment as well as technological and working processes (section 23). Labour inspectors have the right to issue an order to cease the operation of machines and equipment when their operation creates an immediate safety and health hazard in the workplace (section 11). According to the statistics provided by the Government, 412 labour inspections in 2015 focused on 410 newly established entities, employing approximately 6,000 workers. This resulted in a total of 3,247 decisions (orders, improvement notices and instructions, including 936 verbal instructions), 37 fines, 81 educational (disciplinary) measures, 638 penalty motions filed with courts, and one referral of criminal charges to the court. Concerning the Committee’s previous request regarding the application of section 37(a) of the ANLI, under which a labour inspector may refrain from applying legal measures and instead give verbal instructions in the case of violations detected in newly established plants where there are no immediate threats to life or health or wilful misconduct, the Government indicates that labour inspectors received 32 declarations from employers about the date of eliminating those violations. The Committee requests the Government to continue to provide information on the application of section 37(a) of the ANLI, indicating not only the number of declarations received upon the elimination of violations, but also the number of instances where no legal measures were applied following the detection of violations, pursuant to section 37(a). The Committee also requests the Government to provide information on the manner in which the NLI and the specialized authorities under the ACAS coordinate to exchange information and ensure preventive control under the conformity assessment system related to new products and production processes, in order to secure the health and safety of workers.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Content of annual reports on the work of the labour inspection services. The Committee takes due note of the detailed information provided in the annual inspection reports for 2013, 2014, 2015 and 2017, in reply to its previous comments, that include the statistics disaggregated by subjects of inspection.

Issues specifically concerning labour inspection in agriculture

Articles 5(1)(a) and (c), 6(1)(a) and (b), 12 and 13 of Convention No. 129. Preventive activities by the labour inspectorate in agriculture. The Committee notes the detailed information provided by the Government concerning labour inspection and prevention services related to forestry. The Committee also notes with interest the information on the nation-wide three-year campaign, featuring a range of communication channels, aimed at disseminating information on the ways to reduce occupational accidents and improving the safety and health of farmers and their family members. In this regard, the Committee notes with interest the evaluation conducted on the impact of the various activities carried out within the campaign indicating that it had contributed to changing farmers’ attitudes towards safety on farms, improving their awareness and knowledge of occupational safety and health (OSH) principles, and encouraging them to participate in OSH training.