Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Labour Inspection Convention, 1947 (No. 81) - Netherlands (Ratification: 1951)

The Committee notes the Government's report and the documents annexed thereto, as well as the information supplied in reply to its previous comments. It also notes the inspection report for 1997.

Articles 8 and 10 of the Convention. Noting the information concerning labour inspection personnel for 1997 and 1998, the Committee would be grateful if the Government would specify the proportion of women labour inspectors and indicate the manner in which effect is given to Article 8 of the Convention, which provides that where necessary, special duties may be assigned to men and women inspectors.

Article 14. The Committee notes that the Government is evaluating the level of application of the provisions of the law regarding the obligation to report occupational diseases to the labour inspectorate and has taken steps to correct shortcomings which had been observed in this regard. It notes that such shortcomings arise from the employers' uncertainty regarding the defining criteria for an occupational disease, as well as their fear of the consequences of diseases being recognized as such. Moreover, from the workers' point of view, since the social security benefits do not differ as a result of the origin of the disease, there is no incentive for them to supply the pertinent information to the labour inspectorate. The Government states that despite action undertaken by the labour inspectorate to encourage notification of occupational diseases, such notification falls short of the reality and cannot therefore constitute an effective planning aid to direct inspection efforts to prevent occupational disease. The Committee notes that the Government proposes amendments to the legislation to establish a system whereby the obligation to notify the labour inspectorate of occupational diseases is removed. The Occupational Safety and Health Services, obligatory within all enterprises employing workers, shall be obliged to report occupational diseases to a body to be determined. This body will be responsible for recording all occupational diseases, producing statistics, analysing the available information and disseminating information on occupational diseases. The Government states that the new legislation will be adopted by November 1999. the Committee hopes that this information will be brought to the notice of the labour inspection services in conformity with this Article of the Convention. It consequently requests the Government to supply the definitive text of the new provisions and to provide details in its next report of the progress achieved in respect of their implementation.