Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Malta (Ratification: 1988)

The Committee notes with interest the information provided in the Government's first report. The Committee would be grateful if the following information would be provided with the next report:

Article 1 of the Convention. Please provide a copy of the Factories Ordinance which includes paragraph 2(f).

Article 9. Please see comments under Convention No. 81, Article 7, as follows:

Article 7 of the Convention. The Committee notes from the Government's report on Convention No. 129 that the system of recruitment of labour inspectors draws upon "general service" grades. Please provide detailed information on the measures taken to ensure that persons recruited to be inspectors are adequately trained for the tasks required of them.

Article 14. Please see comments under Convention No. 81, Article 10, as follows:

Article 10. Further to its previous comment, the Committee notes that the 1989 annual report refers to the need to strengthen control of health and safety at work. The Committee asks that information in this regard be provided with the next report.

Article 16, paragraph 1(a) and (b). Please see comments under Convention No. 81, Article 12, paragraph 1(a) and (b), as follows:

Article 12, paragraph 1(a) and (b). The Committee notes that section 28(2)(a) of the Conditions of Employment (Regulation) Act, 1952, does not provide for entry by inspectors where there is reasonable cause to believe that a place is liable to inspection. The Committee asks that information be provided as to practical application of this section in light of the requirements of this Article.

Article 16, paragraph 2. Please provide information on measures for the protection of the operator's private home under this paragraph.

Article 16, paragraph 3. Please indicate any measures for the notification of inspection visits to workers or their representatives.

Article 18, paragraph 4. Please indicate any measures for the notification of defects to employers and workers' representatives.

Article 19, paragraph 2. Please indicate what measures are taken in practice to associate inspectors in any inquiry on the spot into the causes of the most serious occupational accidents or occupational diseases as required by this Article.

Article 20(a) and (c). Please see comments under Convention No. 81, Article 15(a) and (c), as follows:

Article 15, paragraphs (a) and (c). The Committee notes that the Factories (Health, Safety and Welfare) Regulations, 1986, do not prohibit inspectors having an interest in undertakings supervised, or provide for the confidentiality of complaints. Please indicate what measures are taken in this respect.

Article 21. Please see comments under Convention No. 81, Article 16, as follows:

Article 16. The Committee notes from the statistics provided with the Government's report that the number of routine inspections carried out in 1990 is substantially down from the number reported in 1989. The Committee asks the Government to indicate whether measures have been envisaged to ensure that workplaces and undertakings are inspected as often and as thoroughly as necessary.

Article 24. Please see comments under Convention No. 81, Article 18, as follows:

Article 18. Please indicate whether penalties for violations of legal provisions or for obstruction are considered adequate, with particular reference to the inspection services of the Inspectorate and Safety Unit of the Department of Labour and Emigration.

Article 27. Please see comments under Convention No. 81, Article 21, as follows:

Articles 20 and 21. The Committee notes that although some statistics were provided with the Government's report, the International Labour Office has not received an annual report on the work of inspection services. The Committee notes that reports on the working of government departments for 1988 and 1989 previously sent to the Office contained the basic data required by Article 21. Please ensure that subsequent annual reports are sent as required by the Convention. Please also include statistics of workplaces liable to inspection and numbers of workers employed there. The Committee would finally be grateful if measures were taken to provide separate statistical analysis for the industrial and the agriculture sectors.