Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Labour Inspection Convention, 1947 (No. 81) - Malta (Ratification: 1965)

Further to its previous comments, the Committee notes the brief information contained in the Government report. Please provide full details on the following matters.

Article 7 of the Convention. The Committee notes that the Government is taking steps to reorganize the inspectorate and the Department of Labour. It hopes these measures will help the Government to ensure that persons recruited to be inspectors are adequately trained for the tasks required of them.

Articles 10 and 18. The Committee notes with interest the information that the Bill for the Promotion of Occupational Health and Safety was presented to the House of Representatives and that it is expected to become law in the near future. Please provide a copy when the law is adopted.

Article 12, paragraph 1(a) and (b). The Committee notes the information provided in reply to its previous comments that section 39(2) of the Conditions of Employment (Regulations) Act empowers an inspector to enter freely and without previous notice at all reasonable times any premises or place of work. The Committee recalls the requirements of this provision of the Convention that labour inspectors be empowered to enter freely and without prior notice at any hour of the day or night any workplace liable to inspection, and by day any premises which they may have reasonable cause to believe to be liable to inspection. Please provide a copy of the said Act (incorporating amendments to date), which has not reached the Office with the Government's last report.

Article 15, paragraphs (a) and (c). The Committee notes the Government's report does not reply to its previous comments regarding the absence of provisions in the Factories (Health, Safety and Welfare) Regulations, 1986 prohibiting inspectors from having an interest in undertakings supervised, or providing for the confidentiality of complaints. It trusts the Government will not fail to indicate the measures taken in this respect.

Article 16. The Committee notes the Government's report does not reply to its previous comments requesting information on the measures the Government envisages to address the decline in the number of routine inspections carried out between 1989 and 1990 and further to ensure workplaces and undertakings are inspected as often and as thoroughly as necessary. Please provide full details in the next report.

Articles 20 and 21. The Committee notes that no report on the activities of the inspection services has been transmitted in accordance with these provisions of the Convention. It draws the Government's attention to the importance it attaches to the compilation and publication within the time-limits set by Article 20 of annual reports on the activities of the inspection services containing all the information listed in Article 21.