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Preamble
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office,
and having met in its Thirtieth Session on 19 June 1947, and
Having decided upon the adoption of certain proposals with regard to the organisation of
labour inspection in industry and commerce, which is the fourth item on the agenda of
the Session, and
Having determined that these proposals shall take the form of an international
Convention,
adopts this eleventh day of July of the year one thousand nine hundred and forty-seven
the following Convention, which may be cited as the Labour Inspection Convention,
1947:
PART I. LABOUR INSPECTION IN INDUSTRY
Article 1
Each Member of the International Labour Organisation for which this
Convention is in force shall maintain a system of labour inspection in
industrial workplaces.
Article 2
- 1. The system of labour inspection in industrial workplaces
shall apply to all workplaces in respect of which legal provisions
relating to conditions of work and the protection of workers while
engaged in their work are enforceable by labour inspectors.
- 2. National laws or regulations may exempt mining and
transport undertakings or parts of such undertakings from the
application of this Convention.
Article 3
- 1. The functions of the system of labour inspection shall be:
- (a) to secure the enforcement of the legal provisions relating
to conditions of work and the protection of workers while
engaged in their work, such as provisions relating to hours,
wages, safety, health and welfare, the employment of children
and young persons, and other connected matters, in so far as
such provisions are enforceable by labour inspectors;
- (b) to supply technical information and advice to employers and
workers concerning the most effective means of complying with
the legal provisions;
- (c) to bring to the notice of the competent authority defects or
abuses not specifically covered by existing legal
provisions.
- 2. Any further duties which may be entrusted to labour
inspectors shall not be such as to interfere with the effective
discharge of their primary duties or to prejudice in any way the
authority and impartiality which are necessary to inspectors in their
relations with employers and workers.
Article 4
- 1. So far as is compatible with the administrative practice of
the Member, labour inspection shall be placed under the supervision and
control of a central authority.
- 2. In the case of a federal State, the term central
authority may mean either a federal authority or a
central authority of a federated unit.
Article 5
The competent authority shall make appropriate arrangements to promote:
- (a) effective co-operation between the inspection services and other
Government services and public or private institutions engaged in
similar activities; and
- (b) collaboration between officials of the labour inspectorate and
employers and workers or their organisations.
Article 6
The inspection staff shall be composed of public officials whose status and
conditions of service are such that they are assured of stability of
employment and are independent of changes of government and of improper
external influences.
Article 7
- 1. Subject to any conditions for recruitment to the public
service which may be prescribed by national laws or regulations, labour
inspectors shall be recruited with sole regard to their qualifications
for the performance of their duties.
- 2. The means of ascertaining such qualifications shall be
determined by the competent authority.
- 3. Labour inspectors shall be adequately trained for the
performance of their duties.
Article 8
Both men and women shall be eligible for appointment to the inspection staff;
where necessary, special duties may be assigned to men and women
inspectors.
Article 9
Each Member shall take the necessary measures to ensure that duly qualified
technical experts and specialists, including specialists in medicine,
engineering, electricity and chemistry, are associated in the work of
inspection, in such manner as may be deemed most appropriate under national
conditions, for the purpose of securing the enforcement of the legal
provisions relating to the protection of the health and safety of workers
while engaged in their work and of investigating the effects of processes,
materials and methods of work on the health and safety of workers.
Article 10
The number of labour inspectors shall be sufficient to secure the effective
discharge of the duties of the inspectorate and shall be determined with due
regard for:
- (a) the importance of the duties which inspectors have to perform, in
particular--
- (i) the number, nature, size and situation of the workplaces
liable to inspection;
- (ii) the number and classes of workers employed in such
workplaces; and
- (iii) the number and complexity of the legal provisions to be
enforced;
- (b) the material means placed at the disposal of the inspectors;
and
- (c) the practical conditions under which visits of inspection must be
carried out in order to be effective.
Article 11
- 1. The competent authority shall make the necessary
arrangements to furnish labour inspectors with--
- (a) local offices, suitably equipped in accordance with the
requirements of the service, and accessible to all persons
concerned;
- (b) the transport facilities necessary for the performance of
their duties in cases where suitable public facilities do not
exist.
- 2. The competent authority shall make the necessary
arrangements to reimburse to labour inspectors any travelling and
incidental expenses which may be necessary for the performance of their
duties.
Article 12
- 1. Labour inspectors provided with proper credentials shall be
empowered:
- (a) to enter freely and without previous notice at any hour of
the day or night any workplace liable to inspection;
- (b) to enter by day any premises which they may have reasonable
cause to believe to be liable to inspection; and
- (c) to carry out any examination, test or enquiry which they may
consider necessary in order to satisfy themselves that the legal
provisions are being strictly observed, and in particular--
- (i) to interrogate, alone or in the presence of
witnesses, the employer or the staff of the undertaking
on any matters concerning the application of the legal
provisions;
- (ii) to require the production of any books, registers
or other documents the keeping of which is prescribed by
national laws or regulations relating to conditions of
work, in order to see that they are in conformity with
the legal provisions, and to copy such documents or make
extracts from them;
- (iii) to enforce the posting of notices required by the
legal provisions;
- (iv) to take or remove for purposes of analysis samples
of materials and substances used or handled, subject to
the employer or his representative being notified of any
samples or substances taken or removed for such
purpose.
- 2. On the occasion of an inspection visit, inspectors shall
notify the employer or his representative of their presence, unless they
consider that such a notification may be prejudicial to the performance
of their duties.
Article 13
- 1. Labour inspectors shall be empowered to take steps with a
view to remedying defects observed in plant, layout or working methods
which they may have reasonable cause to believe constitute a threat to
the health or safety of the workers.
- 2. In order to enable inspectors to take such steps they shall
be empowered, subject to any right of appeal to a judicial or
administrative authority which may be provided by law, to make or to
have made orders requiring--
- (a) such alterations to the installation or plant, to be carried
out within a specified time limit, as may be necessary to secure
compliance with the legal provisions relating to the health or
safety of the workers; or
- (b) measures with immediate executory force in the event of
imminent danger to the health or safety of the workers.
- 3. Where the procedure prescribed in paragraph 2 is not
compatible with the administrative or judicial practice of the Member,
inspectors shall have the right to apply to the competent authority for
the issue of orders or for the initiation of measures with immediate
executory force.
Article 14
The labour inspectorate shall be notified of industrial accidents and cases
of occupational disease in such cases and in such manner as may be
prescribed by national laws or regulations.
Article 15
Subject to such exceptions as may be made by national laws or regulations,
labour inspectors--
- (a) shall be prohibited from having any direct or indirect interest in
the undertakings under their supervision;
- (b) shall be bound on pain of appropriate penalties or disciplinary
measures not to reveal, even after leaving the service, any
manufacturing or commercial secrets or working processes which may come
to their knowledge in the course of their duties; and
- (c) shall treat as absolutely confidential the source of any complaint
bringing to their notice a defect or breach of legal provisions and
shall give no intimation to the employer or his representative that a
visit of inspection was made in consequence of the receipt of such a
complaint.
Article 16
Workplaces shall be inspected as often and as thoroughly as is necessary to
ensure the effective application of the relevant legal provisions.
Article 17
- 1. Persons who violate or neglect to observe legal provisions
enforceable by labour inspectors shall be liable to prompt legal
proceedings without previous warning: Provided that exceptions may be
made by national laws or regulations in respect of cases in which
previous notice to carry out remedial or preventive measures is to be
given.
- 2. It shall be left to the discretion of labour inspectors to
give warning and advice instead of instituting or recommending
proceedings.
Article 18
Adequate penalties for violations of the legal provisions enforceable by
labour inspectors and for obstructing labour inspectors in the performance
of their duties shall be provided for by national laws or regulations and
effectively enforced.
Article 19
- 1. Labour inspectors or local inspection offices, as the case
may be, shall be required to submit to the central inspection authority
periodical reports on the results of their inspection activities.
- 2. These reports shall be drawn up in such manner and deal
with such subjects as may from time to time be prescribed by the central
authority; they shall be submitted at least as frequently as may be
prescribed by that authority and in any case not less frequently than
once a year.
Article 20
- 1. The central inspection authority shall publish an annual
general report on the work of the inspection services under its
control.
- 2. Such annual reports shall be published within a reasonable
time after the end of the year to which they relate and in any case
within twelve months.
- 3. Copies of the annual reports shall be transmitted to the
Director-General of the International Labour Office within a reasonable
period after their publication and in any case within three months.
Article 21
The annual report published by the central inspection authority shall deal
with the following and other relevant subjects in so far as they are under
the control of the said authority:
- (a) laws and regulations relevant to the work of the inspection
service;
- (b) staff of the labour inspection service;
- (c) statistics of workplaces liable to inspection and the number of
workers employed therein;
- (d) statistics of inspection visits;
- (e) statistics of violations and penalties imposed;
- (f) statistics of industrial accidents;
- (g) statistics of occupational diseases.
PART II. LABOUR INSPECTION IN COMMERCE
Article 22
Each Member of the International Labour Organisation for which this Part of
this Convention is in force shall maintain a system of labour inspection in
commercial workplaces.
Article 23
The system of labour inspection in commercial workplaces shall apply to
workplaces in respect of which legal provisions relating to conditions of
work and the protection of workers while engaged in their work are
enforceable by labour inspectors.
Article 24
The system of labour inspection in commercial workplaces shall comply with
the requirements of Articles 3 to 21 of this Convention in so far as they
are applicable.
PART III. MISCELLANEOUS PROVISIONS
Article 25
- 1. Any Member of the International Labour Organisation which
ratifies this Convention may, by a declaration appended to its
ratification, exclude Part II from its acceptance of the
Convention.
- 2. Any Member which has made such a declaration may at any
time cancel that declaration by a subsequent declaration.
- 3. Every Member for which a declaration made under paragraph 1
of this Article is in force shall indicate each year in its annual
report upon the application of this Convention the position of its law
and practice in regard to the provisions of Part II of this Convention
and the extent to which effect has been given, or is proposed to be
given, to the said provisions.
Article 26
In any case in which it is doubtful whether any undertaking, part or service
of an undertaking or workplace is an undertaking, part, service or workplace
to which this Convention applies, the question shall be settled by the
competent authority.
Article 27
In this Convention the term legal provisions includes, in
addition to laws and regulations, arbitration awards and collective
agreements upon which the force of law is conferred and which are
enforceable by labour inspectors.
Article 28
There shall be included in the annual reports to be submitted under Article
22 of the Constitution of the International Labour Organisation full
information concerning all laws and regulations by which effect is given to
the provisions of this Convention.
Article 29
- 1. In the case of a Member the territory of which includes
large areas where, by reason of the sparseness of the population or the
stage of development of the area, the competent authority considers it
impracticable to enforce the provisions of this Convention, the
authority may exempt such areas from the application of this Convention
either generally or with such exceptions in respect of particular
undertakings or occupations as it thinks fit.
- 2. Each Member shall indicate in its first annual report upon
the application of this Convention submitted under Article 22 of the
Constitution of the International Labour Organisation any areas in
respect of which it proposes to have recourse to the provisions of the
present Article and shall give the reasons for which it proposes to have
recourse thereto; no Member shall, after the date of its first annual
report, have recourse to the provisions of the present Article except in
respect of areas so indicated.
- 3. Each Member having recourse to the provisions of the
present Article shall indicate in subsequent annual reports any areas in
respect of which it renounces the right to have recourse to the
provisions of the present Article.
Article 30
- 1. In respect of the territories referred to in Article 35 of
the Constitution of the International Labour Organisation as amended by
the Constitution of the International Labour Organisation Instrument of
Amendment 1946, other than the territories referred to in paragraphs 4
an, 5 of the said Article as so amended, each Member of the Organisation
which ratifies this Convention shall communicate to the Director-General
of the International Labour Office as soon as possible after
ratification a declaration stating--
- (a) the territories in respect of which it undertakes that the
provisions of the Convention shall be applied without
modification;
- (b) the territories in respect of which it undertakes that the
provisions of the Convention shall be applied subject to
modifications, together with details of the said
modifications;
- (c) the territories in respect of which the Convention is
inapplicable and in such cases the grounds on which it is
inapplicable;
- (d) the territories in respect of which it reserves its
decision.
- 2. The undertakings referred to in subparagraphs (a) and (b)
of paragraph 1 of this Article shall be deemed to be an integral part of
the ratification and shall have the force of ratification.
- 3. Any Member may at any time by a subsequent declaration
cancel in whole or in part any reservations made in its original
declaration in virtue of subparagraphs (b), (c) or (d) of paragraph 1 of
this Article.
- 4. Any Member may, at any time at which the Convention is
subject to denunciation in accordance with the provisions of Article 34,
communicate to the Director-General a declaration modifying in any other
respect the terms of any former declaration and stating the present
position in respect of such territories as it may specify.
Article 31
- 1. Where the subject matter of this Convention is within the
self-governing powers of any non-metropolitan territory, the Member
responsible for the international relations of that territory may, in
agreement with the Government of the territory, communicate to the
Director-General of the International Labour Office a declaration
accepting on behalf of the territory the obligations of this
Convention.
- 2. A declaration accepting the obligations of this Convention
may be communicated to the Director-General of the International Labour
Office --
- (a) by two or more Members of the Organisation in respect of any
territory which is under their joint authority; or
- (b) by any international authority responsible for the
administration of any territory, in virtue of the Charter of the
United Nations or otherwise, in respect of any such
territory.
- 3. Declarations communicated to the Director-General of the
International Labour Office in accordance with the preceding paragraphs
of this Article shall indicate whether the provisions of the Convention
will be applied in the territory concerned without modification or
subject to modifications; when the declaration indicates that the
provisions of the Convention will be applied subject to modifications it
shall give details of the said modifications.
- 4. The Member, Members or international authority concerned
may at any time by a subsequent declaration renounce in whole or in part
the right to have recourse to any modification indicated in any former
declaration.
- 5. The Member, Members or international authority concerned
may, at any time at which this Convention is subject to denunciation in
accordance with the provisions of Article 34, communicate to the
Director-General a declaration modifying in any other respect the terms
of any former declaration and stating the present position in respect of
the application of the Convention.
PART IV. FINAL PROVISIONS
Article 32
The formal ratifications of this Convention shall be communicated to the
Director-General of the International Labour Office for registration.
Article 33
- 1. This Convention shall be binding only upon those Members of
the International Labour Organisation whose ratifications have been
registered with the Director-General.
- 2. It shall come into force twelve months after the date on
which the ratifications of two Members have been registered with the
Director-General.
- 3. Thereafter, this Convention shall come into force for any
Member twelve months after the date on which its ratification has been
registered.
Article 34
- 1. A Member which has ratified this Convention may denounce it
after the expiration of ten years from the date on which the Convention
first comes into force, by an act communicated to the Director-General
of the International Labour Office for registration. Such denunciation
shall not take effect until one year after the date on which it is
registered.
- 2. Each Member which has ratified this Convention and which
does not, within the year following the expiration of the period of ten
years mentioned in the preceding paragraph, exercise the right of
denunciation provided for in this Article, will be bound for another
period of ten years and, thereafter, may denounce this Convention at the
expiration of each period of ten years under the terms provided for in
this Article.
Article 35
- 1. The Director-General of the International Labour Office
shall notify all Members of the International Labour Organisation of the
registration of all ratifications, declarations and denunciations
communicated to him by the Members of the Organisation.
- 2. When notifying the Members of the Organisation of the
registration of the second ratification communicated to him, the
Director-General shall draw the attention of the Members of the
Organisation to the date upon which the Convention will come into
force.
Article 36
The Director-General of the International Labour Office shall communicate to
the Secretary-General of the United Nations for registration in accordance
with Article 102 of the Charter of the United Nations full particulars of
all ratifications, declarations and acts of denunciation registered by him
in accordance with the provisions of the preceding Articles.
Article 37
At such times as it may consider necessary the Governing Body of the
International Labour Office shall present to the General Conference a report
on the working of this Convention and shall examine the desirability of
placing on the agenda of the Conference the question of its revision in
whole or in part.
Article 38
- 1. Should the Conference adopt a new Convention revising this
Convention in whole or in part, then, unless the new Convention
otherwise provides,
- (a) the ratification by a Member of the new revising Convention
shall ipso jure involve the immediate denunciation of this
Convention, notwithstanding the provisions of Article 34 above,
if and when the new revising Convention shall have come into
force;
- (b) as from the date when the new revising Convention comes into
force, this Convention shall cease to be open to ratification by
the Members.
- 2. This Convention shall in any case remain in force in its
actual form and content for those Members which have ratified it but
have not ratified the revising Convention.
Article 39
The English and French versions of the text of this Convention are equally
authoritative.
