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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of the 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 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of cases of occupational disease. In its previous comment, the Committee requested the Government to provide information on the activities undertaken by the Occupational Health and Safety Authority (OHSA) to improve the notification of occupational accidents and diseases.The Government indicates that theOHSA has been working with all medical practitioners to encourage them to notify OHSA of any known or suspected case of occupational disease. For this reason, several seminars were organized by the OHSA as part of the continuing medical education of medical practitioners. According to the Government, the OHSA has worked with the dermatology department to prepare a summary notification form by which the OHSA could be notified of dermatological conditions which are suspected to be occupational in origin. In addition, the Government states that the OHSA is working to prepare draft regulations concerning the notification process of occupational injuries and diseases. The Committee requests the Government to continue to provide information on the activities undertaken by the OHSA to improve the notification of occupational accidents and diseases and on the results achieved. It also requests the Government to provide a copy of the regulations addressing the process of notification for occupational injuries and diseases, once adopted.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual labour inspection reports. The Committee notes that the 2020 annual report of the Department for Industrial and Employment Relations (DIER) and the 2019 annual report of the OHSA were sent by the Government.With regard to Convention No. 129, the Committee notes that the reports do not contain disaggregated information on labour inspection activities in the agricultural sector, such as statistics of agricultural undertakings liable to inspection and the number of persons working therein (Article 27(c)), statistics of inspection visits (Article 27(d)), statistics of violations and penalties imposed (Article 27(e)), statistics of occupational accidents, including their causes (Article 27(g)). Moreover, as previously noted, the reports do not contain information on the number of occupational diseases (Article 21(g) of Convention No. 81 and Article 27(g) of Convention No. 129). The Committee requests the Government to continue to transmit to the ILO the annual reports on the work of the labour inspection services. It also requests the Government to take the necessary measures to ensure that the reports contain all the information listed in Articles 21 and 27 of Conventions Nos 81 and 129 respectively.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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.

Articles 6, 10 and 16 of the Convention No. 81 and Articles 8, 14 and 21 of Convention No. 129. Numbers of labour inspectors and inspection visits. Conditions of employment. The Committee notes that in reply to its previous request concerning the decrease in the number of inspections, the Government indicates that the Department of Industrial Relations and Employment (DIER) carried out 1,022 inspections in 2019, 854 during 2020 and 1,107 between January and July 2021. The Committee also notes that with regard to its previous request concerning the condition of service of labour inspectors, the Government indicates that these conditions recently changed in order to retain staff by providing more opportunities for advancements. The Committee notes the Government’s indication that there are currently ten inspectors and two overseeing managers within the DIER. The Committee notes that the staff composition of the DIER is the same as in 2019. The Committee also notes that according to the Government report, the inspectors of the Occupational Health and Safety Authority (OHSA) decreased from 14 to 12 from 2020 to 2021. The Committee requests the Government to provide details of the changes that have occurred in the conditions of service of labour inspectors and to indicate how such changes may serve to attract and retain a sufficient number of motivated staff. In this regard, the Committee requests comparative information on the remuneration scale and opportunities for advancement of labour inspectors in relation to other categories of government employees exercising similar functions, such as tax inspectors or police officers. The Committee also requests the Government to provide information on the reasons for the decrease in staff in the OHSA. In addition, the Committee requests the Government to continue to provide information on the number of labour inspectors working at the DIER and at the OHSA, as well as the number of inspections undertaken by these entities.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the 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 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of cases of occupational disease. The Committee previously noted, in its comment on the application of the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), research indicating that a large number of occupational accidents and diseases went unreported. The Committee notes from the 2018 annual report of the Occupational Health and Safety Authority that notifications of suspected cases of occupational disease are an important tool, when used effectively, in obtaining a reliable picture regarding the prevalence of occupational ill-health in Malta, which according to the report, remains very unclear. The report also states that during 2018, the Occupational Health and Safety Authority worked on a number of initiatives targeting medical practitioners as part of its efforts to rectify that situation. The Committee requests the Government to provide more detailed information on the activities undertaken by the Occupational Health and Safety Authority to improve the notification of occupational accidents and diseases

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual labour inspection reports. The Committee notes that no annual report on the work of the labour inspection services was received by the Office, but that the annual reports of the Occupational Health and Safety Authority and the Department of Industrial and Employment Relations are available on the website of those entities. The Committee notes that these reports contain information in relation to most of the subjects listed in Article 21 of Convention No. 81, but that disaggregated information is missing as regards labour inspection activities in the agricultural sector, such as statistics of agricultural undertaking liable to inspection and the number of persons working therein (Article 27(c)), statistics of inspection visits (Article 27(d)), statistics of violations and penalties imposed (Article 27(e)), statistics of occupational accidents, including their causes (Article 27(g)). Moreover, information on the number of occupational diseases is missing (Article 21(g) of Convention No. 81 and Article 27(g) of Convention No. 129). The Committee requests the Government to transmit to the ILO the annual reports on the work of the labour inspection services, as required by Articles 20 of Convention No. 81 and 26 of Convention No. 129, containing all the information listed in Articles 21 and 27 of Conventions Nos 81 and 129 respectively.

Labour inspection and child labour. The Committee previously noted that the number of reported cases of violations of the minimum age legislation had dropped from 52 cases in 2005–06 to 42 cases in 2010–11. In this respect, the Committee notes from the statistical information provided in the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that this number had further decreased to 21 cases in 2016. The Committee takes note of this information.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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.

Articles 6, 10 and 16 of Convention No. 81 and Articles 8, 14 and 21 of Convention No. 129. Numbers of labour inspectors and inspection visits. Conditions of employment. The Committee notes the Government’s indication in its report, in reply to its previous request, that the number of labour inspectors working at the Department of Industrial Relations and Employment has increased to ten inspectors and that there is an ongoing procedure to recruit another inspector within that Department. The Government adds that two senior managers were recruited in late 2015 with the specific aim of inspecting and investigating claims of precarious work in companies providing services to government departments and public entities. The Committee notes that the Government has not provided a reply to its previous request as regards the conditions of service of labour inspectors. In this respect, the Committee notes the statement in the latest annual reports of the Department of Industrial Relations and Employment (available on the website of that entity) that there have been many changes in the staff of that Department. The Committee also notes with concern from these reports that there has been a decrease in the number of labour inspections between 2015 and 2018, with a particularly significant decrease in these numbers between 2017 and 2018. In fact, it notes from these statistics that there was a decrease from an average of 963 labour inspections in 2017 (resulting in the detection of about 285 violations in that year) to 154 labour inspections in 2018 (with 274 violations detected). The Committee notes from the annual reports of the Occupational Health and Safety Authority that between 2015 and 2018, the number of staff at the Occupational Health and Safety Authority rose from 31 to 35 (and the number of persons in professional and technical positions rose from 15 to 20), and the number of visits undertaken by the Occupational Health and Safety Authority rose from 2,139 in 2015 to 3,738 in 2018. The Committee requests the Government to provide an explanation for the substantial decrease in the number of labour inspections undertaken by the Department of Industrial Relations and Employment, especially as regards the decrease between 2017 and 2018, and to indicate what measures it is taking or plans to take to increase the number of inspections in light of prior levels. Moreover, as the Government has not provided a reply in this respect and in view of the fluctuations in the staff of the Department of Industrial Relations and Employment, the Committee once again requests the Government to provide information on the conditions of service of labour inspectors and to indicate whether they are such as to attract and retain sufficient numbers and motivated staff. In addition, the Committee requests the Government to continue to provide information on the number of labour inspectors working at the Department of Industrial Relations and Employment and at the Occupational Health and Safety Authority, as well as the number of inspections undertaken by these entities.

The Committee is raising other matters in a request addressed directly to the Government.

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

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 26 and 27 of the Convention. Annual report on labour inspection in agriculture. The Committee notes with concern that there was an obvious decline in inspection visits in 2010, their number having dropped by 80 per cent compared with 2008. The Committee also notes that the Government has provided no information on the annual labour inspection activities report for the last few years. The Committee recalls its general observation of 2010, in which it emphasized the essential importance it attaches to the publication and communication to the ILO within the prescribed time limits of an annual labour inspection report. When it is well prepared and contains all the requisite information, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness. The Committee recalls in this connection that extremely valuable guidance on the presentation and analysis of such information is to be found in the Labour Inspection Recommendation, 1947 (No. 81). The Committee requests the Government to ensure, in accordance with Article 26, that an annual report on the work of the inspection services in agriculture containing the information required by Article 27(a)–(g), is published by the central inspection authority, either as a separate report or as part of its general annual report, and that a copy is sent immediately to the International Labour Office.

Labour inspection and child labour. Since its report contains no information on the Committee’s previous comments on this matter, the Government is again asked to provide information on the activities by the labour inspectorate concerning child labour in agricultural undertakings, and on its results.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 26 and 27 of the Convention. Annual report on labour inspection in agriculture. The Committee notes that in reply to its previous comments on the application in law and practice of Articles 26 and 27 of the Convention, the Government merely indicates that three inspection visits were carried out in the agricultural sector in 2010 and that no irregularities were observed. In its previous comments, the Committee noted that the number of inspections in the agricultural sector was rising but was still low in relation to the 2,423 workplaces inspected in all sectors covered. The Committee notes with concern that there was an obvious decline in inspection visits in 2010, their number having dropped by 80 per cent compared with 2008. The Committee also notes that the Government has provided no information on the annual labour inspection activities report for the last few years. The Committee recalls its general observation of 2010, in which it emphasized the essential importance it attaches to the publication and communication to the ILO within the prescribed time limits of an annual labour inspection report. When it is well prepared and contains all the requisite information, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness. The Committee recalls in this connection that extremely valuable guidance on the presentation and analysis of such information is to be found in the Labour Inspection Recommendation, 1947 (No. 81). The Committee requests the Government to ensure, in accordance with Article 26, that an annual report on the work of the inspection services in agriculture containing the information required by Article 27(a)–(g), is published by the central inspection authority, either as a separate report or as part of its general annual report, and that a copy is sent immediately to the International Labour Office.

Labour inspection and child labour. Since its report contains no information on the Committee’s previous comments on this matter, the Government is again asked to provide information on the activities by the labour inspectorate concerning child labour in agricultural undertakings, and on its results.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Articles 26 and 27 of the Convention. Annual report on labour inspection in agriculture. The Committee notes that in reply to its previous comments on the application in law and practice of Articles 26 and 27 of the Convention, the Government merely indicates that three inspection visits were carried out in the agricultural sector in 2010 and that no irregularities were observed. In its previous comments, the Committee noted that the number of inspections in the agricultural sector was rising but was still low in relation to the 2,423 workplaces inspected in all sectors covered. The Committee notes with concern that there was an obvious decline in inspection visits in 2010, their number having dropped by 80 per cent compared with 2008. The Committee also notes that the Government has provided no information on the annual labour inspection activities report for the last few years. The Committee recalls its general observation of 2010, in which it emphasized the essential importance it attaches to the publication and communication to the ILO within the prescribed time limits of an annual labour inspection report. When it is well prepared and contains all the requisite information, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness. The Committee recalls in this connection that extremely valuable guidance on the presentation and analysis of such information is to be found in the Labour Inspection Recommendation, 1947 (No. 81). The Committee requests the Government to ensure, in accordance with Article 26, that an annual report on the work of the inspection services in agriculture containing the information required by Article 27(a)–(g), is published by the central inspection authority, either as a separate report or as part of its general annual report, and that a copy is sent immediately to the International Labour Office.

Labour inspection and child labour. Since its report contains no information on the Committee’s previous comments on this matter, the Government is again asked to provide information on the activities by the labour inspectorate concerning child labour in agricultural undertakings, and on its results.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 26 and 27 of the Convention. Annual report on labour inspection in agriculture. The Committee notes that in reply to its previous comments on the application in law and practice of Articles 26 and 27 of the Convention, the Government merely indicates that three inspection visits were carried out in the agricultural sector in 2010 and that no irregularities were observed. In its previous comments, the Committee noted that the number of inspections in the agricultural sector was rising but was still low in relation to the 2,423 workplaces inspected in all sectors covered. The Committee notes with concern that there was an obvious decline in inspection visits in 2010, their number having dropped by 80 per cent compared with 2008. The Committee also notes that the Government has provided no information on the annual labour inspection activities report for the last few years. The Committee recalls its general observation of 2010, in which it emphasized the essential importance it attaches to the publication and communication to the ILO within the prescribed time limits of an annual labour inspection report. When it is well prepared and contains all the requisite information, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness. The Committee recalls in this connection that extremely valuable guidance on the presentation and analysis of such information is to be found in the Labour Inspection Recommendation, 1947 (No. 81). The Committee requests the Government to ensure, in accordance with Article 26, that an annual report on the work of the inspection services in agriculture containing the information required by Article 27(a)–(g), is published by the central inspection authority, either as a separate report or as part of its general annual report, and that a copy is sent immediately to the International Labour Office.

Labour inspection and child labour. Since its report contains no information on the Committee’s previous comments on this matter, the Government is again asked to provide information on the activities by the labour inspectorate concerning child labour in agricultural undertakings, and on its results.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 26 and 27 of the Convention. Annual report on labour inspection in agriculture. In reply to the Committee’s previous comments concerning the low proportion of labour inspection activities devoted to inspections of agricultural enterprises and the lack of specific information in this area, the Government indicates that workers employed in the agricultural sector represent only 1.41 per cent of the total workforce. The Committee notes that, although the number of inspections in the agricultural sector is rising, it is still low in relation to the 2,423 workplaces inspected in all sectors covered and that inspection activities seem to lack rigour (11 inspections in 2006 and two irregularities noted; 15 inspections in 2008 and five irregularities). The annual activity report for 2008 covers all sectors but does not contain any information allowing an assessment of the operation of the inspection system in agriculture in relation to the Convention. In this regard, the Committee reminds the Government that the full application of the Convention entails the publication of an annual report on the work of the labour inspectorate in agriculture and its transmission to the ILO. The Committee once again requests the Government to ensure that full effect is given to Articles 26 and 27 of the Convention and that the general annual report on the work of the labour inspectorate therefore contains the information concerning the activities carried out in agricultural enterprises required under paragraphs (a)–(g) of Article 27, presented separately and in a relevant part of that report. Furthermore, reminding the Government that, under Article 26, the report should be published and communicated to the ILO, the Committee would be grateful if the Government would also take measures to that end.

Labour inspection and child labour. The Committee once again requests the Government to provide information on inspection activities to monitor child labour in agricultural enterprises and their results.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 26 and 27 of the Convention. Annual report on labour inspection in agriculture. In reply to the Committee’s previous comments concerning the low proportion of labour inspection activities devoted to inspections of agricultural enterprises and the lack of specific information in this area, the Government indicates that workers employed in the agricultural sector represent only 1.41 per cent of the total workforce. The Committee notes that, although the number of inspections in the agricultural sector is rising, it is still low in relation to the 2,423 workplaces inspected in all sectors covered and that inspection activities seem to lack rigour (11 inspections in 2006 and two irregularities noted; 15 inspections in 2008 and five irregularities). The annual activity report for 2008 covers all sectors but does not contain any information allowing an assessment of the operation of the inspection system in agriculture in relation to the Convention. In this regard, the Committee reminds the Government that the full application of the Convention entails the publication of an annual report on the work of the labour inspectorate in agriculture and its transmission to the ILO. The Committee once again requests the Government to ensure that full effect is given to Articles 26 and 27 of the Convention and that the general annual report on the work of the labour inspectorate therefore contains the information concerning the activities carried out in agricultural enterprises required under paragraphs (a)–(g) of Article 27, presented separately and in a relevant part of that report. Furthermore, reminding the Government that, under Article 26, the report should be published and communicated to the ILO, the Committee would be grateful if the Government would also take measures to that end.

Labour inspection and child labour. The Committee once again requests the Government to provide information on inspection activities to monitor child labour in agricultural enterprises and their results.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 26 and 27 of the Convention. Annual labour inspection report. In reply to the Committee’s previous comments, the Government indicates that the statistics contained in the annual inspection report have been presented by sector since January 2003. The Committee notes this information. It notes that the statistical tables provided for 2005 relate to inspections targeting the legislation on the payment of wages, overtime and holiday pay, as well as infringements reported and cases dealt with. Of a total of 2,736 inspections carried out in all the sectors covered, 15 were in the agricultural and related industries. Two cases of infringements were identified and settled. This information, which appears to show a very low proportion of inspection activities in the agricultural sector, is in any case too incomplete to enable the Committee to assess the extent to which the Convention is applied and the functioning of the inspection system in agriculture. The Government’s attention is once again drawn in this regard to Article 27 of the Convention relating to the information which should be included in the annual report to ensure that it is an accurate reflection of the work of the inspection system as a basis for assessing the effectiveness of the system and determining measures to improve it. The Committee would be grateful if the Government would ensure that full effect is given to this provision and that the annual report on inspection in agricultural undertakings (or the relevant part of the annual general inspection report) finally contains information on each of the subjects covered by Article 27(a)–(g). Reminding the Government also that, in accordance with Article 26, this report should be published and communicated to the ILO, the Committee would be grateful if the Government would also takes measures to that end and keep the Office informed of any progress made in this regard.

Labour inspection and child labour in the agricultural sector. Referring also to its comments under Convention No. 81 on inspection to monitor child labour, the Committee would be grateful if the Government would provide the information required separately with respect to these activities in agricultural undertakings.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s brief report which refers to its report relating to Convention No. 81.

Articles 26 and 27 of the Convention. Annual labour inspection report. In reply to the Committee’s previous comments, the Government indicates that the statistics contained in the annual inspection report have been presented by sector since January 2003. The Committee notes this information with interest. It notes that the statistical tables provided for 2005 relate to inspections targeting the legislation on the payment of wages, overtime and holiday pay, as well as infringements reported and cases dealt with. Of a total of 2,736 inspections carried out in all the sectors covered, 15 were in the agricultural and related industries. Two cases of infringements were identified and settled. This information, which appears to show a very low proportion of inspection activities in the agricultural sector, is in any case too incomplete to enable the Committee to assess the extent to which the Convention is applied and the functioning of the inspection system in agriculture. The Government’s attention is once again drawn in this regard to Article 27 of the Convention relating to the information which should be included in the annual report to ensure that it is an accurate reflection of the work of the inspection system as a basis for assessing the effectiveness of the system and determining measures to improve it. The Committee would be grateful if the Government would ensure that full effect is given to this provision and that the annual report on inspection in agricultural undertakings (or the relevant part of the annual general inspection report) finally contains information on each of the subjects covered by Article 27(a) to (g). Reminding the Government also that, in accordance with Article 26, this report should be published and communicated to the ILO, the Committee would be grateful if the Government would also takes measures to that end and keep the Office informed of any progress made in this regard.

Labour inspection and child labour in the agricultural sector. Referring also to its comments under Convention No. 81 on inspection to monitor child labour, the Committee would be grateful if the Government would provide the information required separately with respect to these activities in agricultural undertakings.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Referring also to its comments under Convention No. 81, the Committee hopes that, according to the Government’s commitment made in a previous report, necessary measures will be taken to ensure that separate information on items provided for in Article 27 of the Convention concerning labour inspection activities in agricultural enterprises be included in the annual report to be published and communicated to the ILO, as prescribed by Article 26.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Referring also to its comments under Convention No 81, the Committee notes the Government’s replies. It hopes that, according to the Government’s commitment made in a previous report, necessary measures will be taken to ensure that separate information on items provided for in Article 27 of the Convention concerning labour inspection activities in agricultural enterprises be included in the annual report to be published and communicated to the ILO, as prescribed by Article 26.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report contains no reply to its previous comments under Articles 21, 26 and 27 of the Convention. It hopes that the next report will include full information on these points raised as follows:

Articles 21, 26 and 27. Noting that in reply to its previous comments on the application of these provisions, the Government announces measures designed to ensure the presentation of statistics contained in the annual inspection reports so as to differentiate inspection activities by sector, the Committee hopes that this will be done in the near future and that it will thus be able to assess on specific bases the level of application of the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report containing information in reply to its previous comments and the extract from Act No. CAP.367 concerning the promotion of health and safety at work of which section 16 entails the duty for labour inspectors to treat as absolutely confidential the source of any complaint, as set out in Article 20(c) of the Convention. It requests the Government to supply further information on the points below.

Article 16.  Noting that the right of labour inspectors to enter freely any workplace liable to inspection to allow them to supervise the application of legal requirements not only on questions of safety and hygiene but also on other matters, the Committee once again asks the Government to indicate precisely, providing a copy of any relevant texts, if it is provided in legislation that this right shall be exercised, as provided in Article 16(1)(a),at any hour of the day or night. If this is not so, the Government is requested to take appropriate measures so that legislation is brought into conformity with the Convention on this point which the Committee considers to be a partial prerequisite for the effectiveness of the inspection system.

Articles 21, 26 and 27.  Noting that in reply to its previous comments on the application of these provisions, the Government announces measures designed to ensure the presentation of statistics contained in the annual inspection reports so as to differentiate inspection activities by sector, the Committee hopes that this will be done in the near future and that it will thus be able to assess on specific bases the level of application of the Convention.

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

The Committee notes the information provided in reply to its previous comments and the unofficial translation of the Factories Ordinance, 1940, as revised in 1979, and the copy of the Occupational Health and Safety (Promotion) Act, 1994.

1. Applicable legislation. The Committee notes that section 18 of the 1994 Act explicitly repeals the above Ordinance. According to the Government's report for 1994, the new Act was being implemented in stages and would eventually replace the Factories Ordinance. The Government states, however, in its report for 1999 that the inspectors exercise their powers in relation to occupational safety and health at work under the Act of 1994. The Committee is not certain that it has understood the meaning of these indications. It therefore requests the Government to provide detailed indications on the legal situation of these two texts.

2. Presence and role of women labour inspectors in the agricultural sector. The Committee notes with interest that no distinction is made on grounds of sex in the recruitment and assignment of labour inspectors. However, it requests the Government to indicate the proportion of women in the staff of the labour inspectorate and to provide information on how effect may be given to Article 10 of the Convention concerning the possibility of assigning special duties to women inspectors.

3. Right of labour inspectors to enter agricultural establishments freely. The Committee notes that, under section 10 of the above Act of 1994, labour inspectors may enter freely any workplace "at all reasonable times". However, it recalls that, under Article 16(a) of the Convention, this right must be accorded to inspectors at any hour of the day or night. The Committee requests the Government to indicate whether the right of labour inspectors to enter workplaces freely also applies to inspectors of workplaces covering matters other than safety and health. It would be grateful if the Government would take appropriate measures to ensure that this right is not confined to reasonable times, but can be exercised, as envisaged by the Convention, at any hour of the day or night.

4. Principle of the confidentiality of the sources of complaints. The Committee would be grateful if the Government would provide a copy of the text or texts ensuring compliance by labour inspectors with the principle of the confidentiality of the sources of complaints, as envisaged in Article 20(c).

5. Articles 21, 26 and 27. The Committee notes that the Government does not provide information on the application of Article 21, which provides that agricultural undertakings shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. It notes that no annual report on the work of the inspection services in agriculture has been transmitted. It recalls that such reports, containing information on the subjects enumerated in Article 27, should be published and transmitted to the ILO in accordance with the provisions of Article 26. The Committee notes that the information contained in the annual inspection reports transmitted under Convention No. 81 is not presented by sector of activity and cannot therefore serve as a basis for the proper evaluation of the present Convention. The Committee would therefore be grateful if the Government would take the necessary measures as soon as possible to give full effect to Articles 26 and 27.

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

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

Article 1 of the Convention. The Committee would be grateful if the Government would provide a copy of the Factories Ordinance which includes paragraph 2(f).

Article 16, paragraph 2. The Committee would be grateful if the Government would provide information on measures for the protection of the operator's private home under this paragraph.

Article 18, paragraph 4. The Committee would be grateful if the Government would indicate any measures taken or envisaged for the notification of defects to employers and workers' representatives.

Article 19, paragraph 2. The Committee would be grateful if the Government would 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.

Articles 9, 14, 16(1)(a) and (b), 20(a) and (c), 21 and 27. The Committee's comments under Convention No. 81 apply.

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

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.