Chapter X. Conclusions

318. As the Committee has stated in its report in 1964, "the existence of an efficient labour inspectorate provide the surest guarantee that national and international labour standards are complied with not only in law but in fact". A study of the reports from governments and information from other sources shows that the importance of the role of labour inspection in improving conditions of work is recognised by all member States of the Organisation. At the international level this awareness on the part of governments has resulted, as regards Convention No. 81, in an extremely high number of ratifications: 105 at present.

319. The scope of Convention No. 81 calls however for certain comments. Part II (Commerce) is optional and 18 States have excluded Part II from their acceptance of the Convention. Nevertheless, since in most of these States the inspection system also covers this sector, the Committee suggests that the possibility of extending acceptance of the Convention to Part II -- Labour inspection in commerce -- might be reconsidered, particularly in countries where ratification dates back a long time. Further as has been seen, the instrument leaves States free to determine which undertakings are to be covered by the inspection system. This considerable flexibility seemed necessary at the time the Convention was adopted to take account of the diversity of national solutions in this field. Finally, Part II of the Convention which applies to commerce, does not actually define commerce. As evidenced by several ILO instruments, (Endnote 1) there is a whole series of non-industrial activities in the tertiary sector which in many countries are not considered as commerce, such as laboratories, postal and telecommunication services, etc. This is a shortcoming in the Convention that should be corrected since the application of social legislation may also give rise to problems in the "non-commercial" services sector which is rapidly expanding. Consideration might be given to adding a protocol to Convention No. 81, to define and extend its scope.

320. A very encouraging note relates to the organisation of inspection services which largely follows the principles set forth in the labour inspection instruments.

321. As a rule the duties of the inspection services, in accordance with the Conventions, comprise supervision of the application of statutory provisions on conditions of work and the protection of workers at work, as well as the provision of information and advice to employers and workers and to the competent authority. In practice the inspection services have considerably developed their advisory role. They should, however, be careful not to relegate their traditional role of supervisory bodies to second place.

322. In most countries the inspectorate is made up of public officials. Other systems of inspection, especially in the socialist countries of Eastern Europe, give an important parallel role to the trade unions. Actually what is important is for the inspectorate to enjoy job stability and to be independent of changes in government and of any undue outside influence. This is a fundamental principle on which the authority of the inspectors -- and consequently the effectiveness of the inspection services themselves -- depend. To ensure this effectiveness conditions of service and, in particular, the inspectors' remuneration and career prospects must also be sufficient to attract and retain qualified personnel and safeguard them against undue outside influence. The importance of this aspect should not be forgotten.

323. A study of national legislation and other available information shows that in a large number of countries the necessary powers of inspectors -- the rights of free entry and of free supervision in undertakings and the right to cause measures to be taken to remedy defects observed during an inspection visit -- are recognised. In some cases, however, the laws and regulations implement the provisions of the Conventions only partially on this point. The Committee notes with satisfaction that since its General Survey of 1966 a number of governments bound by Convention No. 81 and/or Convention No. 129 have, following its comments, taken measures to confer the powers referred to in these instruments on their inspectors. It is essential that labour inspectors use their powers of injunction as well as their powers regarding legal proceedings. Governments and employers' and workers' organisations need to be vigilant against the adverse pressure of financial stringencies: health and safety must have the highest degree of priority.

324. Whatever the value of the institutional framework providing the basis for inspection systems, their effectiveness is measured by their activities in the field. This necessarily presupposes the availability of appropriate material means and human resources. It has to be recognised that these resources are limited and even inadequate in many countries, not only in those at varying stages of development but also in some industrialised ones.

325. Unfortunately the personnel of the inspection services is often insufficient and has even decreased in recent years in various countries. In some cases this is due to the reduction in public expenditure which also affects the ministry in charge of social and labour matters. In other cases, particularly in the developing countries, the cause has to be sought in the endemic lack of resources and in the scarcity of sufficiently qualified personnel. Despite certain measures adopted by governments, the training needs of the labour inspectorate remain considerable and many governments have referred to bilateral or multilateral assistance. This too is limited. The problems of the lack of personnel are further aggravated by the fact that labour inspectors are often given extra duties which prevent them from devoting themselves fully to what should be their main task, namely the inspection of undertakings subject to their supervision. Whatever the reasons put forward to justify this situation (budgetary restrictions, shortage of skilled staff and the nature of the special experience of inspectors), the extent of the problem in certain countries gives rise to serious concern and should be considered by governments and the employers' and workers' organisations.

326. The importance for inspectors of being able to have properly equipped offices, complete with the necessary documentation, deserves emphasis. Lack of transport is a major defect -- in many countries inspectors have no service vehicles, it being normal practice to use public transport or their own cars. The resources assigned for the refund of expenses incurred by inspectors are not always sufficient to correspond to the desirable number of inspection visits. In some countries petrol shortages and the lack of facilities for vehicle maintenance represent further difficulties.

327. The shortage of human and material resources causes in many cases inspection visits to be too infrequent. In countries where the inspection services have satisfactory means at their disposal, undertakings may of course be visited at fairly frequent intervals. In others, however, it sometimes takes ten or even 20 years for all the undertakings liable to inspection to be visited. Furthermore in some countries the lack of transport and communication difficulties oblige inspectors to confine their activities to the areas nearest to their offices. Obviously such cases are far from meeting the requirements of Conventions Nos. 81 and 129 which specify that establishments must be inspected "as often and as thoroughly as is necessary".

328. The lack of personnel and resources has also been mentioned as one of the factors preventing publication of the annual reports on the activities of the inspection services. The Committee has suggested in this survey, some inexpensive solutions that would facilitate publication of these reports, to which it attaches special importance. (Endnote 2)

329. The use of penalties is also a matter for concern. Provision is of course made in all national laws and regulations for penalties in the event of infringement of the provisions of social legislation, but must not be seen merely as additional financial cost to be absorbed. The effectiveness of penalties depends on their exemplary character particularly in cases of serious or deliberate infractions. From the information available it also seems that unfortunately judicial authorities sometimes tend to minimise the violations of social legislation.

330. The foregoing remarks are equally valid for the agricultural sector, where the problems are even more acute. In many countries the labour inspection systems are confined mainly to the urban areas. The shortage of financial, human and material resources prevents them from overcoming the enormous difficulties of supervising a large number of agricultural undertakings (often small ones) whose remote geographical positions in relation to the inspection offices entail long journeys. Several governments have stated that their countries had no labour inspection system applicable to agriculture, while others have mentioned the traditional and seasonal nature of agriculture and the lack of an employment relationship for most rural workers as a factor against the establishment of a system of labour inspection in this sector. The Committee recalls that it is frequently in small undertakings and in informal sector activities that work accident figures are highest. Moreover, the mechanisation of agricultural work and the use of chemical substances such as fertilisers, pesticides, insecticides, etc., represent increasing dangers for the workers who are often untrained and unaware both of the risks inherent in their work and of the means of protecting themselves. Lastly, the difficulties of supervision described above would not apply to bigger agricultural undertaking such as plantations.

331. Since the Committee's last General Survey the methods used by these services have evolved considerably in certain countries, particularly as regards priority areas for action and more efficient management of available resources. In particular there are the measures taken to plan the activities of the labour inspection services by determining priorities according to objective criteria such as risks inherent in the undertaking, capacity of the undertaking to provide a satisfactory working environment, time elapsed since the last inspection visit, etc. Moreover greater attention has been paid to prevention at the stage of the construction and installation of new premises, machinery and other equipment. Prevention is of course far more difficult in the case of existing installations. As recent catastrophes have unfortunately shown, the association of the inspection services with preventive activities is particularly important and should become the general rule in all countries. Care must be taken to ensure that all national services concerned with health and safety, and they are many (e.g. planning, pollution control, fire services) work in close co-operation. Co-operation between the inspection services, and employers and workers or their organisations, has been considerably strengthened. In this respect the role of the joint safety and health committees set up in the undertaking should be emphasised. This is a particularly encouraging trend and there is every reason to believe that it will be maintained in the coming years.

332. In conclusion, the Committee wishes to draw the attention of governments to the importance of pursuing their collaboration with the International Labour Office and, in this respect, welcomes the intentions expressed by some of these governments to call upon the technical assistance of the Organisation. The Committee is convinced that thanks to technical co-operation and in particular to the activities of the regional labour administration centres and the development of tripartite missions to evaluate national inspection systems, governments will be better placed to grasp the nature and extent of the problems and that they will be able, together with the occupational associations, to reach solutions enabling labour inspection to become an increasingly effective instrument of social protection. The Committee reaffirms the statement of the Director-General in his Report to the 1964 Session of the Conference: "labour legislation without inspection is an essay in ethics rather than a binding social discipline".

Endnotes

Endnote 2

Cross references
Constitution: Article 19
Constitution: Article 22
Constitution: Article 35