Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Labour Inspection Convention, 1947 (No. 81) - Dominican Republic (Ratification: 1953)

Article 3(1)(a) and (b) of the Convention. Control and certification of occupational safety and health management systems. The Committee notes the Government’s information (in a document annexed to its report) that the Directorate General of Industrial Health and Safety (DGHSI) has established systems to assess whether workplaces are complying with their legal obligations concerning occupational safety and health (OSH). The Committee notes that the DGHSI controls and certifies compliance with the specific requirements concerning the workplace OSH management systems through the verification of documents and subsequently through inspections at workplaces. The Committee requests that the Government provide information on the number of controls undertaken by the DGHSI on compliance with the requirements concerning OSH management systems, their results and the number of certificates issued to workplaces. The Committee also requests that the Government provide information on the impact of these activities on the incidence of occupational accidents and diseases. Moreover, the Committee requests that the Government indicate the validity of certificates issued, and whether workplaces that are granted certificates are subject to reduced control and labour inspection.

Article 3(2). Additional functions entrusted to labour inspectors. In its previous comment, the Committee noted that the functions entrusted to labour inspectors included, among other functions, mediating disputes between employers and workers. The Committee notes the Government’s response to its previous request that the capacities of the Ministry of Labour have been strengthened so as to enable labour inspectors to only engage in functions relating to securing compliance with the legal provisions relating to conditions of work. The Committee requests that the Government provide more specific information on the measures taken to ensure that any additional duties entrusted to labour inspectors do not interfere with the effective discharge of their primary duties.

Article 7. Training of labour inspectors. In its previous comments, the Committee noted that the National Confederation of Trade Union Unity (CNUS), the Autonomous Confederation of Workers’ Unions (CASC) and the National Confederation of Dominican Workers (CNTD) emphasized the lack of skills and sensitivity of inspectors in matters concerning the rights of women workers, such as discrimination, sexual harassment, violence, and freedom of association. The Committee notes that the Government provides information on the training of labour inspectors in 2014 concerning principally the areas of maternity protection, HIV and social security, including in the context of the ILO Project Strengthening Compliance of labour standards in the tourism sector. The Committee welcomes this information and requests that the Government continue to provide information on the training for inspections, including in the area of freedom of association.

Article 11. Equipment and transport facilities available to labour inspectors. In its previous comment, the Committee noted that labour inspectors in the 40 offices had access to a total of 11 vehicles for the discharge of their functions. The Committee takes note that in reply to the Committee’s previous request that the Government describe the means of transport in geographical areas where no vehicles are available, the Government has indicated that new vehicles have been purchased with a view to allocating them to the offices that did not yet have vehicles.

Article 18. Effective enforcement of adequate penalties. In its previous comments, the Committee noted the Government’s repeated intention to consult the social partners within the framework of the Labour Advisory Council with a view to establishing financial penalties for obstructing labour inspectors in the performance of their duties. The Committee requests that the Government provide information on any progress made in this respect.