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2006, Labour Inspection: Chapter III - Preventive functions of labour inspectionDescription:(General Survey) Convention:C081 Convention:P081 Convention:C129 Recommendation:R081 Recommendation:R082 Recommendation:R133 Subject classification: Labour Inspection Subject: Labour Administration and Inspection Document:(Report III Part 1B) Session of the Conference:95 Display the document in: French Spanish Document No. (ilolex): 252006G05 Chapter III Preventive functions of labour inspection I. Technical information and advice to employers and workers 85. If labour inspectors' interventions are to be effective, it is essential for employers and workers to be fully aware of the need to know and exercise their respective rights and obligations. Article 3, paragraph 1(b), of Convention No. 81 and Article 6, paragraph 1(b), of Convention No. 129 give the same importance to information and advice to employers and workers concerning the most effective means of complying with the legal provisions as to enforcement. These two functions are inextricably linked and represent the two key aspects of labour inspection. 86. Paragraph 14(1) of Recommendation No. 133 suggests that Members undertake or promote educational campaigns intended to inform the parties concerned, by all appropriate means, of the applicable legal provisions and the need to apply them strictly as well as the dangers to the life or health of persons working in agricultural undertakings and the most appropriate means of avoiding them. It further indicates in Paragraph 14(2) appropriate means of workers' education, which might include, in the light of national conditions:(a) use of the services of rural promoters or instructors; (b) distribution of posters, pamphlets, periodicals and newspapers; (c) organization of film shows, and radio and television broadcasts; (d) arrangements for exhibitions and practical demonstrations on hygiene and safety; (e) inclusion of hygiene and safety and other appropriate subjects in the teaching programmes of rural schools and agricultural schools; (f) organization of conferences for persons working in agriculture who are affected by the introduction of new working methods or of new materials or substances; (g) participation of agricultural labour inspectors in workers' education programmes; and(h) arrangements of lectures, debates, seminars and competitions with prizes. 87. The legislation in most countries assigns to labour inspectors the task of supplying technical information and advice to employers and workers (Endnote_1) and their respective organizations. (Endnote_2) Consultations are offered on request, either in person in the labour inspectorate offices or by telephone, post or, increasingly often in many countries, by email or at the workplace, during inspections. The Government of one country has stated that, although labour inspectors only have the task of providing information to workers, they also provide it to employers in practice. (Endnote_3) 88. The tripartite labour advisory councils set up at the national, regional or sectoral level in many countries are a particularly appropriate forum for labour inspectors to communicate information to employers' and workers' organizations. (Endnote_4) In China (Macau Special Administrative Region)(Endnote_5) and in the Dominican Republic, (Endnote_6) a special information service has been set up in the central labour inspection system. 89. In some countries, the legislation provides that information on the most frequent subjects of consultations be published. (Endnote_7) In an annual report, the central labour inspection authority of Bulgaria refers to the large number of user requests for information and recommends more active support for small enterprises through consultations and advice to help them find a rapid solution to their problems. In France, the annual report is a means for the labour inspectorate to communicate explanations and detailed information on the content and scope of new general legislation and the most effective ways of applying it. It also contains information on measures carried out by the labour inspectorate, sometimes with other institutions, following a serious accident (for example, the explosion of a chemical fertilizer plant). 90. The Committee has observed that the function of supplying information and advice is institutionalized to a large extent especially with regard to safety and health, as reflected in the considerable amount of information provided by many governments. 91. In Cyprus, the training centre of the labour inspection department conducts courses, seminars and conferences. Labour inspectors are reported to take part in training courses organized by local authorities and enterprises in Viet Nam. In Mauritius, workers and employers in all sectors of the economy can attend one-week sessions run by the training centre for occupational safety and health inspectors, during which they receive occupational safety and health documentation. 92. Information weeks are organized by the labour inspectorates in several countries. In France, Lithuania and Romania, they are held in cooperation with the European Agency for Safety and Health at Work. In India, they focus on port work and are run in cooperation with the trade unions. In 1999, the Government of Viet Nam introduced a provincial occupational safety and health week. 93. The World Day for Safety and Health at Work declared by the International Labour Office is observed in many countries (including Bulgaria, Cuba, Morocco, Tunisia and Ukraine) as an opportunity to raise awareness among employers, workers and the public. The Government of Colombia reports that the labour inspectorate has dedicated certain days to videoconferences and legal assistance. 94. In Poland, a safety campaign was held in the construction sector with the collaboration of the social partners (Endnote_8) covering topics such as the hazards involved in demolition work, as well as transport activities, the focus for small enterprises being on risk assessment for the prevention and/or elimination of risks. The Government indicates that agreements were concluded with other institutions and occupational organizations for the development of safe working conditions (Endnote_9) and 700 training courses were held by the labour inspectorate nationwide. A campaign specifically targeting rural workers was launched in 2004 on the subject of "Safety and health in agriculture – Safe farms", during which documentation was distributed and courses and lectures held, as well as a competition for farmers on basic occupational safety and health rules. Competitions are held in other sectors to encourage and reward similar efforts in this area. (Endnote_10) This is also the case in Ukraine, for instance, where a competition for Employer of the Year took place in 2002, and in Indonesia, where prizes are awarded during Occupational Health and Safety Month by the National Health and Safety Council to enterprises meeting the "zero accident" target and having an efficient occupational safety and health system in place. 95. Labour inspectorates are increasingly using the possibilities offered by the Internet to provide technical information and advice on the content of occupational safety and health legislation and the most effective means of complying with it. This has been mentioned by the governments of a number of countries, including Fiji, France, Poland, Romania, Ukraine, United Kingdom and Viet Nam. 96. Other media, such as the press, radio and television, are also widely used as a means of communicating information from the labour inspectorate. The governments of the following countries provided detailed information on the means used for this purpose: Benin, China, Cuba, El Salvador, France, (Endnote_11) Mauritius, (Endnote_12) Romania, (Endnote_13) Rwanda (Endnote_14) and the United Kingdom. (Endnote_15) 97. In Bulgaria, a cooperation project supported by Denmark to raise employers' and workers' awareness in the construction sector led to the development of advocacy campaigns, including television and radio broadcasts. (Endnote_16) In El Salvador, the labour inspectorate carried out a campaign under the "Safe Workplace Promotion" project sponsored by the Pan American Health Organization, as well as the "Occupational Safety and Health Pilot Project" supported by the Inter-American Development Bank and the Permanent Secretariat of the General Treaty for Central American Economic Integration (SIECA), through 408 occupational safety and health committees. 98. In developing countries with severe economic difficulties, labour inspectors who are unable to visit enterprises due to the lack of resources and transport facilities are unable to provide employers and workers with information and advice likely to promote the effective application of legal provisions relating to conditions of work and the protection of workers. (Endnote_17) 99. Much of the technical advice and information being provided worldwide relates to occupational safety and health. However, while it is important to make a special effort to carry out promotional campaigns to promote compliance with legal provisions on occupational safety and health, this approach should also include other important aspects of conditions of work that have an impact, such as hours of work, leave, protection of wages, prohibition of discrimination, equality of remuneration for men and women for work of equal value and equality of treatment and protection of vulnerable categories of workers. II. Specific mandate of the labour inspectorate in the area of occupational safety and healthA. Preventive control of establishments, activities, production procedures and use of new products and substances 100. The idea of entrusting the labour inspectorate with the task of preventive control with a view to ensuring workers' safety and health when a new establishment is set up, a new activity launched, or when new manufacturing processes, substances or products are used, gave rise to much fruitful discussion during the preparatory work on the 1947 labour inspection instruments. It was suggested at the time that such control should be exercised in relation to plans of new establishments, plant and production processes. (Endnote_18) That proposal was not adopted in a Convention because of the likely difficulties in applying such a provision referred to by a number of Members. It was, however, incorporated in Part I of Recommendation No. 81. According to that instrument, any person who proposes to open an industrial or commercial establishment, or to take over such an establishment, or to commence in such an establishment the carrying on of a class of activity specified by a competent authority as materially affecting the application of legal provisions enforceable by labour inspectors, should be required to give notice in advance to the competent labour inspectorate either directly or through another designated authority (Paragraph 1). Members are invited to make arrangements under which plans for new establishments, plant, or processes of production may be submitted to the appropriate labour inspection service for an opinion as to whether the plans would render difficult or impossible compliance with the laws and regulations concerning industrial health and safety or would be likely to constitute a threat to the health or safety of the workers (Paragraph 2). To that end, the implementation of plans for new establishments, plant and processes of production deemed under national laws or regulations to be dangerous or unhealthy should be conditional upon the carrying out of any alterations ordered by the inspectorate for the purpose of securing the health and safety of the workers (Paragraph 3). In the light of some 20 years of experience in implementing the 1947 labour inspection instruments, it was considered necessary to include in the Labour Inspection (Agriculture) Convention, 1969 (No. 129) a provision according to which labour inspection services in agriculture must be involved in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety (Article 17). 101. Although the Committee has only limited information on the application in law and in practice of Recommendation No. 81 as regards prior preventive control, it notes that relevant provisions have been adopted in many countries. (Endnote_19) In its previous General Survey, the Committee noted, for example, the measures adopted by Mali to that end in the Labour Code which was then in the process of being drafted and has since been enacted. (Endnote_20) Preventive control is also exercised by a number of countries (Endnote_21) through the implementation of the ILO Guidelines on occupational safety and health management systems (ILO 2001). 102. Certain governments have supplied information on the role of labour inspectors in the area of preventive control within the meaning of these instruments. The manner in which this control is carried out varies from one country to another and from one establishment to another. For example, in the United Kingdom, the occupational safety and health inspection authority is responsible for preventive inspections of new establishments, plant and processes; in the agricultural sector, this prior inspection is based on a global approach which ensures cooperation between the competent inspection services and other bodies concerned, including employers at the local level; in Costa Rica, new establishments are inspected in the same way as those already operating; in Cyprus, any new establishment, enterprise, plant, or production process, and any building intended for use in some form of economic activity, must be registered with the labour inspectorate in order to obtain a certificate of compliance before becoming operational; in Slovenia, due notification together with a safety plan and a file containing any relevant information regarding each phase of the project must be sent to the competent inspectorate. (Endnote_22) In Croatia, permits for the construction of facilities meant for work are issued subject to confirmation by the labour inspectorate that they comply with occupational safety and health legislation. (Endnote_23) In Mauritius, the labour inspectorate is consulted by local authorities when the latter wish to issue operating licences for new plant and new methods of handling or processing products. In Gabon, employers using production processes that pose special risks or could cause occupational disease are obliged by law to make an explanatory statement beforehand for the labour inspector, who carries out investigations to ensure that all necessary precautions have been taken. (Endnote_24) In Poland, prior preventive control is carried out by the labour inspectorate with regard to building plans or alterations within limits defined by labour law.
103. In Portugal, the issuing of operating or alteration permits for plant is conditional on the approval of the labour inspectorate only in industry and commerce. (Endnote_25) The Government of Mongolia states that preventive control in agriculture is carried out through labour inspections with regard to new plant, technology and substances. This is also provided for in law, in agriculture and in other sectors of activity, in Ethiopia. (Endnote_26) 104. The governments of certain countries indicate that their labour legislation does not give the labour inspectorate a role in preventive control as provided for in Recommendation No. 81 (Endnote_27) or Convention No. 129. (Endnote_28) Other governments indicate that this function is entrusted to other bodies. (Endnote_29) In some countries, the labour inspectorate makes a request for such a role to the competent body. (Endnote_30) The Committee invites governments to establish relationships with labour inspectorates and government agencies in this regard. B. Monitoring of safety and health at work(a) Powers of injunction of labour inspectors 105. Monitoring of safety and health conditions at work is one of the tasks most generally entrusted to labour inspectors throughout the world. While the task of preventive control of establishments, plant, procedures, substances and their handling, is not always entrusted to labour inspectors, almost all national legislations give them powers aimed at eliminating or at least reducing occupational risks affecting safety and health in workplaces liable to inspection. The nature and scope of those powers, however, vary from one country to another, as do the means available for exercising them. 106. Under the terms of Article 13 of Convention No. 81, labour inspectors must 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. In agricultural enterprises, such measures must also, according to Article 18 of Convention No. 129, cover the use of dangerous materials or substances. 107. The hazard may, but does not have to, arise as a result of non-compliance with the law. If the safety and health of workers is under imminent threat, it serves no purpose to investigate the existence of a contravention, the priority being to eliminate the hazard. In such cases, labour inspectors prescribe measures which may include suspension of operations or closure of an establishment, depending on the seriousness of the hazard. The purpose of giving direct or indirect powers of injunction to labour inspectors is above all to protect workers against dangers to their safety and health. Nevertheless, legal action against the employer may be started or recommended at the same time or subsequently by the labour inspector, in accordance with Articles 17 and 18 of Convention No. 81 and Articles 22 to 24 of Convention No. 129, if it is shown that the defects which have given rise to the hazard have arisen as a result of an infringement of the relevant legislation. This distinction between the objectives of protecting workers and of prosecuting contraventions of safety and health laws and regulations is crucial, and is observed in most national legislations. 108. The instruments under examination do not prescribe the form in which injunctions must be notified to the employer. This varies from one country to another, and also depends on the particular circumstances of the case. In most cases, inspectors are required to provide written notification, although oral notification is permitted in emergencies. In order to take effect, and to open the way to any administrative or judicial proceedings, an orally notified injunction must normally be confirmed in writing. (Endnote_31) Approval or confirmation by the inspector's hierarchical superior is required by legislation in some countries. In the case of injunctions issued in response to an imminent danger to workers' safety and health, only a short time is normally allowed for obtaining confirmation by a higher or other competent authority. 109. Whether the formal notice is issued with a view to enforcing the law or to eliminating an imminent danger, the legislation of a number of countries requires inspectors to indicate the reason(s) for the notice and to indicate the measures that must be taken to eliminate the hazards. Such is the case, for example, in New Zealand (Endnote_32) and Malawi. (Endnote_33) Such a requirement is beneficial in two ways: on the one hand, implementing the notice allows the competent authority to assess the appropriateness of the prescribed measure on a precise basis; on the other, since the measures prescribed are specified, it should be easier to carry them out, and the labour inspector bears responsibility for his or her errors. (i) Formal notice with a time limit110. When an inspection is carried out at a workplace, be it at the initiative of the inspection service or in response to a complaint, it is normally the responsibility of labour inspectors, either themselves or on the basis of authorized expert advice, to verify that legal provisions intended to guarantee safety and health are strictly observed. Where they are not, Article 13, paragraph 2(a), of Convention No. 81 stipulates that the inspector must be authorized to prescribe such alterations to the installation or plant, to be carried out within a specified time limit, as may be necessary to secure compliance. In accordance with Article 18, paragraph 2(a) of Convention No. 129, in agricultural undertakings such measures must also cover premises, tools, equipment and machines. The Committee notes with interest that the scope of inspection has been extended in many national legislations to cover all the factors that could pose a threat to safety and health in establishments liable to labour inspection where hazardous work is carried out. Under the terms of Conventions Nos. 81 and 129, in cases where defects do not pose an imminent danger, labour inspectors may grant a period of grace within which the prescribed modifications must be made. In most countries bound by the terms of the Conventions, appropriate provisions have been enacted. This is the case in Angola, Argentina, Australia, Cuba, Ghana, India, Kenya, Peru, Bolivarian Republic of Venezuela and Zimbabwe. The notice deadline is sometimes fixed by legislation. It is, however, more often left to the labour inspector to determine in the light of individual circumstances and the complexity of the measures proposed. In some cases, there is provision for extending the deadline. (Endnote_34) A minimum period is determined by legislation in some countries. (Endnote_35) 111. In certain countries, such as India (Endnote_36) and the Russian Federation, (Endnote_37) the mere existence of a hazard itself is deemed to constitute grounds for measures to be enforced with immediate effect, irrespective of whether the hazard is imminent or less immediate. In Denmark, such measures are prescribed both in connection with ensuring compliance with occupational safety and health legislation and in order to prevent imminent danger. (Endnote_38) (ii) Formal notice with immediate effect in the case of imminent danger112. Under the terms of Article 13, paragraph 2(b) of Convention No. 81, and of Article 18, paragraph 2(b), of Convention No. 129, labour inspectors must be authorized to order measures with immediate executory force in order to protect workers in the event of imminent danger to health or safety, subject to any judicial or administrative appeal which might be provided for under national legislation. Measures may be ordered by labour inspectors, subject to any judicial or administrative appeals, to be implemented within a set period or, in the case of imminent danger, with immediate effect, even if no violation of legislation has been ascertained. Convention No. 129 provides that those measures may go as far as halting work. 113. In practice, measures requiring immediate execution in different countries vary widely and have varying degrees of impact on the activities of the establishments concerned. They can concern premises, plant, equipment and substances used, work methods, and individual or collective protective equipment. In Jordan, they also concern technical and scientific aspects of any chemical compounds and products used and industrial processes. (Endnote_39) The measures prescribed by or on the initiative of labour inspectors are sometimes framed in general terms. (Endnote_40) The partial or total suspension of operations, prohibition of the occupation of premises or of a part of them, or of the use of products or substances, of sale of products, and suspension of work of certain categories of vulnerable workers, are measures often provided for in national legislations. For example, in Bolivia, (Endnote_41) Cuba, (Endnote_42) Hungary, (Endnote_43) Mali, (Endnote_44) Mongolia (Endnote_45) and Slovakia, (Endnote_46) the labour inspectorate's power of injunction can go as far as ordering a partial or total cessation of work until satisfactory safety and health conditions are restored. 114. Provisions governing the form, contents and effects of notices in cases of imminent danger vary from one country to another. (Endnote_47) In certain countries, even when there is an imminent danger, the injunction has executory force only if it is confirmed by the hierarchical superior or emergency judge. Fortunately, the deadlines allowed for doing this are generally tight. Available legislation does not, however, always indicate what happens in the case of notices where those deadlines are not respected. On the other hand, it does often stipulate the non-suspensive effect of judicial appeals lodged by employers. (Endnote_48) In Mozambique, labour inspectors are required within 24 hours to submit any injunction against an employer to bring safety and health conditions into line with legislation to their superior for confirmation. (Endnote_49) In Angola, the inspector is required immediately to inform his or her immediate superior of the measure prescribed. (Endnote_50) In Ecuador, where the inspector has no direct power of injunction, suspension of work or closure of an establishment is a matter for a higher authority. (Endnote_51) In some countries such Jordan, (Endnote_52) Philippines (Endnote_53) and Yemen, (Endnote_54) only the minister of labour may order the partial or total closure of an establishment. In some countries, such as in Denmark, Finland, Norway and Sweden, the workers' safety representatives may stop the work process in case of imminent danger. If different views exist on the necessity of such stoppages they may need to be confirmed by the labour inspector or provincial inspectorate concerned. The Occupational Safety and Health Convention, 1981 (No. 155), allows workers to remove themselves from imminent and serious danger to life and health. Labour inspectors are often called to confirm the level of danger and to provide guidance on preventive measures. 115. In France, (Endnote_55) Gabon (Endnote_56) and Tunisia, (Endnote_57) in cases where the partial or total suspension of work is necessary in order to rectify a situation of danger to health and safety, a judge's ruling is needed for a labour inspectorate injunction to take effect. 116. In Fiji, the suspension of work ends only when the inspector issues a certificate stating that the hazard has been eliminated or cannot reoccur. (Endnote_58) Except where the inspector's injunction concerns only secondary corrective measures, a judicial appeal against an order to stop activity has no suspensive effect. (Endnote_59) 117. In the context of enforcing Conventions Nos. 81 and 129, the Committee has been anxious that measures should be taken with a view to introducing into legislation provisions that will empower labour inspectors to prescribe measures with immediate executory force in cases of imminent danger to workers' safety and health. The existence of such provisions is not, however, in itself sufficient to ensure implementation in practice. In many developing countries, the paucity of available resources prevents labour inspectors from exercising their statutory powers of injunction in an effective and tangible manner. Trade unions have drawn attention to problems in this regard. The Committee takes this opportunity once again to draw the attention of Members to the importance which it attaches to the effective exercise by labour inspectors of the authority to order measures with immediate executory force in order to eliminate imminent dangers to workers' safety and health. Measures such as suspending work or the use or sale of products, closure of the establishment, or evacuation of premises, are intended principally to ensure protection of workers. Moreover, because of their impact on the activities and profits of an enterprise, they also have a deterrent effect which is bound to promote respect for principles of safety. These measures need to be accompanied by appeals procedures which do not suspend the injunction and which allow the competent authority to make a decision expeditiously. (b) The role of inspectors in cases of occupational accident and reporting of an incidence of occupational disease118. Under the terms of Article 14 of Convention No. 81 and Article 19, paragraph 1, of Convention No. 129, the labour inspectorate must be notified of industrial accidents and cases of occupational disease in such manner as may be prescribed by national laws or regulations. It is vital that formal mechanisms be put in place to provide the labour inspection with the data it needs to identify high-risk activities and the most vulnerable categories of workers and to carry out research into the causes of occupational accidents and diseases in establishments and enterprises liable to inspection. The Committee cannot emphasize too much the importance of the preventive mandate of the labour inspectorate, which is increasingly a major factor in the economic and social health of the community as a whole. The existence of a close link between the prevention of occupational risks and economic growth is widely accepted. The social cost of occupational accidents and diseases remains extremely high. Even where workers who fall victim to such accidents or diseases enjoy only limited social benefits or are not covered at all by any system of compensation, the economic and social consequences of death, of the various forms of incapacity, or of deteriorating conditions of work, are felt by the entire community. (i) Extent of the obligation to notify the labour inspectorate119. The flexibility of the aforementioned provisions means that there is considerable latitude as regard their implementation by member States. They require that labour inspectorates be informed of occupational accidents and cases of occupational disease, but leave it to national legislators to establish the specific means of doing so. In order to achieve optimal prevention, it would obviously be desirable to ensure that the dissemination of relevant data is as effective as possible and ensures that the labour inspectorate has access to accurate information on any factor which has compromised workers' safety and health when engaged in their work and on any specific occurrence. Law and practice nevertheless differ from one country to another. National definitions of occupational accidents and diseases also vary widely and are rarely consistent with the international definition recommended in the resolution on statistics of occupational injuries adopted in 1982 by the 13th International Conference of Labour Statisticians. Methods of collecting data and giving notification, as well as the scope and source of statistics, also vary from one country to another. Efforts should be made to establish, in all countries that do not have one, a system to ensure that the labour inspectorate has access to information on occupational accidents and incidents of occupational disease. Legal provisions that are in conformity are often not sufficient to ensure that practice is also in conformity. The Committee has had occasion to note that in many developing countries, provisions adopted in laws of general scope have only a limited effect in practice. Detailed regulations and precise instructions to all concerned – employers, workers, social and health insurance funds, police, and other bodies involved in dealing with occupational accidents and diseases – are essential for ensuring that the principles enshrined in law are actually put into practice. In addition, particular emphasis should be placed on the design of user-friendly forms which will make it easier to use the required data. The ILO in 1996 published a code of practice on the recording and notification of occupational accidents and diseases. That document emphasizes the effective use for prevention purposes of data collected, recorded and notified, with the aim of helping the competent authorities to develop appropriate systems and provide guidance on joint preventive action by employers and workers, governments, social security authorities and other institutions. The recommendations set out in the code are intended for anyone responsible for the reporting, recording and notification of occupational accidents and diseases. They represent basic requirements, and are not intended to replace accepted standards or laws and regulations adopted at the national level, nor are they intended to discourage the competent authorities from adopting higher standards. As the Preface of the code of practice recalls, the extent to which the provisions of the code are followed depends on local circumstances and available financial and technical resources. 120. At its meeting in 1996, the Committee had reminded all the governments bound by Conventions Nos. 81 and 129 to follow the recommendations in the code in order to ensure the full application of provisions in instruments concerning the inclusion in annual reports on the activities of labour inspectorates of statistics on occupational accidents and diseases, as it had noted that such data were not always included in the annual reports to the Office. Although the Committee later noted with interest the measures taken to that end in a number of countries, annual reports on labour inspection all too often are noted for the paucity of information on cases of occupational disease, and the failure of many countries to provide any information at all on occupational accidents or occupational diseases in the agricultural sector. 121. A review of available legislation indicates that the obligation to report accidents at work and cases of occupational disease can vary widely in the way in which it is expressed, in terms both of form and of substance. It is not always made clear that notification must be made to the labour inspectorate. In some countries, it must be addressed to another institution, generally a safety or social insurance authority or to both; (Endnote_60) in others, the body to which the employer is required to report, or some other body, is responsible for notifying the labour inspectorate. (Endnote_61) Legislation in some countries does not indicate the conditions applied in practice with regard, for example, to notification periods. (Endnote_62) Furthermore, there are not always any precise indications as to the cases of occupational accidents and diseases which must be reported. (Endnote_63) Such indications are provided, however, in certain countries where the deadline for reporting depends on the seriousness of the incident. (Endnote_64) In Australia, fatal work accidents must be reported to the federal social insurance agency COMCARE within two hours, while serious injuries or injures and illnesses resulting in a worker's inability to work for 30 days or more must be reported within 24 hours. (Endnote_65) A protocol defining the terms "work-related", "notifiable death", "serious personal injury", "incapacity" and "dangerous occurrence" facilitates appropriate application of the relevant legal provisions. COMCARE investigators are responsible for conducting inquiries and for deciding whether or not an official inquiry should be conducted under the Occupational Health and Safety Act. In India, many legislative provisions relating to particular sectors provide for the notification of the inspectorate in cases of serious or fatal accidents at work, specified dangerous occurrences and occupational illnesses. (Endnote_66) 122. In only a few countries does it appear that there is no provision for any procedure for notifying the labour inspectorate of cases of occupational accident or disease. In Bahrain, for example, the employer or worker, if able to do so, reports such incidents to the nearest police station and to the General Social Insurance Company. (Endnote_67) Since the social security body is under the supervision of the labour ministry, some simplified form of notification to the labour inspectorate could be envisaged. 123. Available information on law and practice with regard to the reporting of infringements of workers' safety and health when engaged in their work suggest that measures, instructions or procedures specifically for notifying cases of occupational disease are extremely rare. In China, according to the Government, doctors are required to notify the labour commissar and the health director of any suspected cases of work- related disease or death. (Endnote_68) In New Zealand, this voluntary notification procedure is additional to the obligatory procedure. (Endnote_69) In Japan (Endnote_70) and Mozambique, (Endnote_71) special provisions require that any cessation of work related to occupational disease be reported to the labour inspectorate. 124. In most countries, an official list of work-related diseases is drawn up, published and regularly updated. However, while some of the more common occupational diseases are becoming increasingly easy to identify thanks to advances in medicine and information technology, others are less well known owing to their long latency period and the lack of adequate resources needed for a cogent diagnosis. Neither the workers affected nor (very often) the medical practitioners are in a position to decide whether or not to carry out the research into possible work-related factors. In countries where the greater part of the workforce is made up of foreign workers, the mobility of the latter makes it more difficult to identify work-related diseases, given in particular the fact that national social security systems are relatively closed. The Government of Saudi Arabia has indicated in a report on the application of Convention No. 81 that regional consultations conducted with a view to seeking a common solution to this problem by the countries involved were unsuccessful. It has indicated that a system of classification of occupational diseases was established in accordance with the guidance of the international labour Conventions and the applicable labour laws of neighbouring countries. 125. The Government of Honduras has indicated that an occupational disease report form was established and the technical assistance of the ILO had been requested with a view to establishing an appropriate procedure for using it. In the Republic of Moldova, the competent institutions under the Ministry of Health are notified of cases of occupational disease and involved in the relevant inquiry. (Endnote_72) The labour inspectorate can obtain any relevant information. In the Netherlands, measures have been taken to develop a system for centralizing information on cases of occupational diseases and their causes, with a view to finding ways of preventing them. According to the Government, relevant information including statistics are available on the Internet. According to the Government of Madagascar, employers have not been very forthcoming on the issue of notification of occupational diseases. 126. The Committee notes that little information has been provided by Members as regards the implementation in practice of legal provisions requiring the notification to the labour inspectorate of occupational accidents and cases of occupational diseases affecting agricultural workers. It notes also the statement of only one government to the effect that all enterprises except agricultural ones are required to notify the labour inspectorate of occupational accidents. (Endnote_73) 127. The Committee nevertheless notes with satisfaction the efforts made by a number of countries to give full effect in practice to Article 19, paragraph 1, of Convention No. 129 with a view to developing a policy and necessary means for the prevention of occupational risks to health and safety. (ii) Extent of involvement of labour inspectors in investigations into the causes of occupational accidents and diseases128. It is useful for labour inspectors to be able to go quickly to the place of any serious accident in order to take part, within the limits of their mandate, in the investigations normally required under such circumstances. Although no such provision was included in Convention No. 81, the idea is inherent in Article 14 of that instrument, while Paragraph 5 of Recommendation No. 81 provides for direct collaboration on the part of representatives of the workers and the management, and more particularly members of works safety committees or similar bodies, with officials of the labour inspectorate, when investigations and, in particular, inquiries into industrial accidents or occupational diseases are carried out. 129. The measures taken following an occupational accident or the conclusive diagnosis of a case of occupational disease vary from one country to another. Labour inspectors are often given statutory investigative powers in relation to such occurrences. In a certain number of countries, they play a leading role in this, while in others, they are less directly involved. Legislation and practice in this area generally pursue two main objectives which are distinct but linked: on the one hand, prevention, and on the other, compensation for victims and dependents. Efforts made with regard to standards, the human resources needed to enforce them, and the technical and information technology resources needed to evaluate and develop them, can reduce the number of accidents and the benefits that have to be paid out by social insurance bodies. In some countries, the investigation of causes and circumstances of occupational accidents and instances of occupational diseases is the responsibility of social security or insurance authorities. In others, this is the job of the labour inspectors, or the work is shared on the basis of their different respective objectives. 130. Given the wide range of laws and practices and, in particular, of national resources available for this, it is not the purpose of Convention No. 129 to impose a universal model or to suggest that investigations should be exclusively a matter for the labour inspectors. That would require considerable human, material and technical resources which the inspection services do not have. The functions entrusted to labour inspectors under the terms of Article 3, paragraph 1, of Convention No. 81 and Article 6, paragraphs 1 and 2, of Convention No. 129 already entail tasks, missions and responsibilities that call on all the available resources. Article 19, paragraph 2, of Convention No. 129 stipulates only that labour inspectors must as far as possible be associated with any inquiry on the spot into the causes of the most serious occupational accidents or occupational diseases, particularly of those which affect a number of workers or have fatal consequences. The role of labour inspectors is thus limited to cases of serious or fatal accidents and diseases and those affecting a certain number of workers. Furthermore, they are "associated" with inquiries, rather than being in charge of them; the extent of that association is determined by national legislators, and its geographical scope is restricted to the workplace in question. It is of course true that there is nothing in the Convention to prohibit a greater degree of involvement by labour inspectors in inquiries or the extension of their mandate to cover less serious accidents and diseases. It is, however, important that this should not be done unless adequate resources are available to allow the inspectors to carry out their primary functions properly. 131. The available information on the application of Article 19, paragraph 2, of Convention No. 129 is not sufficiently detailed to allow any accurate assessment. There appears to be a general obligation for inspectors to investigate in certain countries, such as Cyprus, (Endnote_74) Greece, Israel, Japan, Mali, (Endnote_75) Mongolia and Rwanda. In Cuba, (Endnote_76) inspectors are required to investigate fatal accidents, and are also responsible for monitoring the quality of investigations conducted by bodies responsible for dealing with other types of accident. In Tunisia, inspectors investigate fatal or very serious occupational accidents. 132. In the United Kingdom, according to the Government, about 6 per cent of reported accidents are investigated by inspectors, while in Bulgaria, the inspectors themselves determine whether or not to carry out an investigation at any place where an accident has taken place. Participation by the inspectors is required in Peru and Qatar. (Endnote_77) In Mali and Rwanda, the conclusions of the inspectors are forwarded to the social insurance authority. There is no indication as to how this is then followed up.
III. Contribution of labour inspection to the improvement of labour law 133. The forms and frameworks of the employment relationship, production processes and technologies used at the workplace are changing increasingly fast. It is essential that relevant legislation keep pace with these changes if the workers in new employment relationships or abusive conditions of work are not to suffer as a result of an inadequate legal framework. To this end, Article 3, paragraph 1(c), of Convention No. 81 provides that the labour inspection system shall bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. Convention No. 129 contains a similar provision, Article 6, paragraph 1(c), which adds that the labour inspectorate shall submit to the competent authority proposals on the improvement of laws and regulations. 134. Because of their free access to workplaces and special relationship with employers and workers, labour inspectors are potentially the public officials in the best position to identify situations that might call for legal and legislative solutions aimed at improving protection at work. Although the Conventions do not specify the way in which inspectors should fulfil their function of informing the competent authority, it would appear that the most practical means of achieving this would be through the periodical reports they are required to submit to the central inspection authority. (Endnote_78) They should be allowed to decide what information should be included in a given report, in the light of the urgency or nature of the situation. It will then be for the central authority to determine whether to take or request appropriate legislative action. Recommendations for such action may be made by the labour inspectorate and discussed in tripartite labour advisory bodies, where they exist. Further, where appropriate, labour inspectors should also be consulted by the competent authorities during the process of labour law reform. 135. Such corrective measures by the competent authorities may take the form of regulations (orders, instructions or circulars) to supplement or clarify existing legislation, or they may consist of a legislative proposal to fill a more important gap in the legal framework. This is the case, for example, in Norway, as regards safety and health in agricultural enterprises. (Endnote_79) 136. The role of labour inspection in the content and implementation of improving labour laws is widely recognized, as reflected in the legislation of most of the countries that have ratified one or both Conventions. (Endnote_80) However, the Office has received little information on the application of the relevant provisions in practice. In Colombia, the labour inspection manual recommends that inspection reports be forwarded with the relevant remarks and indications to provide the special inspection unit in charge of monitoring and supervision with the necessary information to improve existing legal provisions. In one country, a trade union has expressed regret at the lack of reaction from the higher inspection authority to the reports of abuses observed in cleaning, security and forestry enterprises and to the recommendations made by the inspectors as regards supplementing the legislation with relevant provisions. 137. In many countries, information technology is used to facilitate the process of communicating to the central inspection authority and other competent authorities information on situations which, in the view of the inspectors, call for legislative or regulatory action. In countries where these tools are not available or widely used, inspectors should be encouraged to include such information, as well as any relevant proposals, in their periodical activity reports to the central inspection authority, which will determine their form and frequency as appropriate. They should also be authorized to do so through a special report if they consider that the situation calls for prompt legislative action.
EndnotesEndnote 1For example, Angola, Bolivia, Brazil, Chile, Comoros, Gabon, Ghana, Guinea, Mexico, Morocco, Mozambique, New Zealand, Niger, Peru (where, under section 5 of Legislative Decree No. 910 of 16 March 2001 to promulgate the general Act on labour inspection and defence of the worker, inspectors must provide preventive technical guidance to employers and workers in the informal sector), Russian Federation, Slovenia and Tunisia. Endnote 2For example, Algeria, Angola (section 1, paras. 2(e) and 12, of Decree No. 9/95 of 21 April 1995 to promulgate regulations on general labour inspection), Bolivia (section 3(1) of Resolution No. 340/87 of the Minister of Labour and Employment Development), Costa Rica (section 9(b) of Decree No. 28578 of 3 February 2000, to promulgate Regulations concerning the organization of the labour inspection services). Endnote 3In Nicaragua under section 11 of Decree No. 13-97 of 20 February 1997 to promulgate Regulations on labour inspectors. Endnote 4For example, in Costa Rica, Cyprus, Ethiopia, Indonesia, Mongolia and South Africa. Endnote 5Paragraph 4 of Legislative Decree No. 60/89/M of 18 September 1989 to regulate the activity of the Labour Inspection Department of the Labour and Employment Services Directorate. Endnote 6Section 3(1) of Resolution No. 42/94 of 28 October 1994 of the State Secretary for Labour. Endnote 7In Honduras, under section 611 of the Labour Code. Endnote 8The Union of Employers in Construction, the Polish Association of Roofing Contractors, the Confederation of Construction and Real Estate, the Trade Union "Construction Workers" and the Independent Self-governing Trade Union "Solidarnosc". Endnote 9In 2003 with the Polish Craft Association and in 2004 with the Polish Federation of Private Employers. The parties to the agreements undertake to disseminate and raise awareness of occupational safety and health laws and regulations through courses and technical and scientific conferences, as well as campaigns and other prevention measures. Endnote 10In 2004, during the 11th round of a competition entitled "Safe employer – work organizer", prizes were awarded to 22 out of some 300 participating enterprises. Endnote 11Radio campaign in the spring of 2005 for safety and prevention in the construction sector. Endnote 12The Government reports that presentations at the training sessions run by the health and safety inspector training centre are broadcast over radio and television. Endnote 13The local press published 3,077 articles in 2003 and 3,276 in 2004 concerning the information activities of the labour inspectorate. Endnote 14The Government stated that the week leading up to 1 May was declared "Labour Week", during which programmes on labour legislation were broadcast on radio and television. Endnote 15The Government reports that 2,300 articles on occupational safety and health were published between October and December 2004. For 2005, it announced three nationwide press and broadcast campaigns on health and safety in commerce, musculoskeletal disorders and risks of slips and falls at the workplace. Endnote 16National campaign entitled "Good health = Good business". Endnote 17In Mali, for example, the Government states that technical information and advice are supplied to employers and workers during inspection visits, conciliation hearings and meetings with employers and workers. However, this activity is constrained by the lack of transportation and other resources of the inspectorates. Endnote 18See the questionnaire (points 23-25) in ILO: The organisation of labour inspection in industrial and commercial undertakings, Report IV, ILC, 30th Session, Geneva, 1947. Endnote 19For example, in Denmark (sections 4 and 25 and Annex 2 of Notice No. 867 of 11 October 1994); Estonia (section 12 of the Occupational Health and Safety Act of 16 June 1999); Japan (sections 37, 88(8) and 90 of the Industrial Safety and Health Law No. 57 of 8 June 1972); New Zealand (section 82 of the Hazardous Substances and New Organisms Act of 1996); Nigeria (section 26(3) of the Factories Act No. 16 of 1987); Russian Federation (section 215 of the Labour Code); Sweden (Chapter 4, section 2, of the Work Environment Act No. 1160 of 1977). Endnote 20According to section D.170-48 of the Decree No. 96-178/P-RM of 13 June 1996 implementing various provisions of the Labour Code, plans for new establishments, plant and production processes must be submitted to the labour inspection services for approval in order to ensure that they are consistent with safety and health legislation. Execution of such plans is conditional on any modifications which may be required by the labour inspectorate. Endnote 21China, Finland, Germany, Ireland, Japan. Endnote 22Sections 5 and 7 of Ur.I.Rs Order No. 3/02 on safety and health at work at temporary or mobile construction sites. Endnote 23Sections 93 to 96 of the Occupational Safety and Health Act of 1996. Endnote 24Section 199 of the Labour Code. Endnote 25Section 10(1)(g) of Legislative Decree No. 102 of 2 June 2000. Endnote 26Section 177(7) of Proclamation No. 377/2003. Endnote 27Botswana, Morocco, Netherlands. Endnote 28Benin, Czech Republic, Qatar. Endnote 29In Oman, preventive control of establishments is the responsibility of the Ministry of Commerce and Industry. In Madagascar, this is the responsibility of an inter-ministerial commission. Endnote 30The Government of Viet Nam has indicated that, due to the growing number of new establishments subject to inspection, the labour inspectorate has been unable to carry out its duties in this respect. Endnote 31For example, in Australia (Queensland), under section 117 of the 1995 Workplace Health and Safety Act; Bulgaria, under section 405 of the Labour Code; Netherlands, in accordance with section 28A of the Working Conditions Act of 1998; and Slovenia, under section 15 of the Labour Inspection Act of 20 June 1994. Endnote 32Section 39 of the Health and Safety in Employment Act of 2000. Endnote 33According to sections 77 and 78 of the Safety and Health Act No. 21 of 1997, the labour inspector may issue notice to any person responsible for carrying out work likely to pose a threat to health and safety to the effect that the work must cease until the hazard is eliminated. The notice has immediate effect in the case of an imminent danger. In other cases, a deadline is fixed by the labour inspector. In all cases, the notice contains recommendations on the measures that must be taken to rectify the situation to which the injunction relates. Endnote 34For example, in Bulgaria, according to sections 77 and 78.4 of the Occupational Safety, Health and Welfare Act No. 21 of 1977, the notice is subject to a deadline which may be extended if necessary. In South Africa, according to section 30 of the Occupational Health and Safety Act of 1993, if there is a violation of a legal safety and health provision, the employer is required to take corrective measures within a period determined by the labour inspector, which may be extended if necessary. In Jordan, according to section 5(c) of the Labour Inspection Regulations No. 56 of 5 October 1996, the labour inspector is authorized to instruct the employer to take corrective measures with regard to conditions of work, planning and work methods where these threaten workers' safety and health, and to make the necessary changes to plant, machinery, structures or methods within a period which the inspector may deem appropriate. Endnote 35For example, in Guinea, under section 173 of the Labour Code, if the danger is not imminent, the deadline set by the labour inspector for bringing about compliance may not be less than four days, subject to any appeal in law. Endnote 36Section 5(1) of the Dock Workers (Safety, Health and Welfare) Act No. 54 of 7 December 1986. Endnote 37According to section 20(3) of the federal Act of 2 July 1999 establishing fundamental principles of occupational health, state labour inspectors are empowered to suspend operations at an undertaking, unit, or production facility where there are found to be infringements of safety and health laws and regulations, until those infringements have been rectified. Endnote 38According to section 77 of the Working Environment Act. Endnote 39Section 84 of the Labour Code. Endnote 40For example, in Morocco, under section 542 of the Labour Code the inspector may, in the event of imminent danger to employees' health and safety, give notice to the employer to take all necessary steps immediately; in Guatemala, section 281(d) of the Labour Code contains a similar provision. In Côte d'Ivoire, according to section 91(4) of the Labour Code, the labour inspector and the relevant social laws may, in an emergency and subject to judicial or administrative appeal, prescribe or cause to have prescribed measures with immediate effect such as to avert an imminent danger to workers' safety and health. In Lesotho, according to section 14(1)(e)(vi) of the Labour Code, measures may be prescribed to remedy any fault likely to be detrimental to the health, safety or welfare of workers. Endnote 41Section 26(3) of Legislative Decree No. 16998 of 2 August 1979 promulgating the General Occupational Health, Safety and Welfare Act. Endnote 42Section 303 of the Labour Code. Endnote 43Section 84(f) of the Occupational Safety and Health Act, No. XCIII of 5 October 1993. Endnote 44According to section 175 of the Labour Code, in the event of imminent danger irrespective of whether or not legislation has been infringed. Endnote 45Section 99 of the 1999 Work Act and section 10.9.7 of the State Labour Inspection Act. Endnote 46Section I, para. 13(3) of the Labour Inspection Act of 8 February 2000. Endnote 47For example, in South Africa, according to section 30 of the Occupational Health and Safety Act of 1993, the inspector may notify the employer in writing that hazardous operations, as well as exposure of workers deemed to be vulnerable to certain substances, materials or conditions of work, are prohibited. The inspector may also physically bar access to the establishment in respect of which an injunction to suspend work has been issued. In Australia (Queensland), according to section 117 of the Workplace Health and Safety Act of 1995, in the event of any contravention of safety and health provisions, the inspector is empowered to issue a compliance notice specifying the measures to be taken and the applicable deadline. According to section 118, in the event of an imminent danger to safety or health, the inspector may orally instruct the employer or operator to stop using a particular product or plant or to cease operations, subject to written confirmation. In Japan, according to section 357 of the Labour Code, labour inspectors are empowered to order suspension of activities where there is an infringement of the laws or regulations concerning protection of workers' lives and health. According to section 361, a judicial appeal may be lodged against a labour inspector's injunction. In the Russian Federation, according to section 357 of the Labour Code, labour inspectors are empowered to order suspension of activities where there is an infringement of the laws or regulations concerning protection of workers' lives and health. According to section 361, a judicial appeal may be lodged against a labour inspector's injunction. In the Bolivarian Republic of Venezuela, according to section 259(2) of Decree No. 3235 of 20 January 1999 promulgating the Organic Labour Law, an order to suspend operations must be submitted immediately to the chief of the inspection unit, who may cancel it if in his or her view it is not justified. Endnote 48For example, in Bulgaria, under section 405 of the Labour Code; in Fiji, under section 51 of the Health and Safety Act No. 4 of 1996; in Slovenia, according to section 15 of Act No. 20 of 20 June 1994 on labour inspection. Endnote 49Section 208 of the 1998 Labour Code. Endnote 50Section 13(2) and (3) of Council of Ministers Decree No. 9/95 of 21 April 1995. Endnote 51According to section 443 of the Labour Code, the decision is a matter for the head of the competent ministerial department. Endnote 52Section 84 of the Labour Code. Endnote 53Section 128(c) of the Labour Code. Endnote 54Section 126(b) of the Labour Code. Endnote 55Section L263-1 of the Labour Code. Endnote 56Section 226 of the Labour Code. Endnote 57Section 175 of the Labour Code. Endnote 58Section 47 of the Health and Safety Act No. 4 of 1996. Endnote 59Section 51 of the Occupational Health and Safety Act No. 4 of 1996. Endnote 60Simultaneous reporting to a social security body and to the labour inspectorate is required by law, for example, in Gabon, under section 202 of the Labour Code and section 81 of Decree No. 599/PR of 17 June 1981 establishing practical arrangements for the Social Security Code; and in Rwanda, under section 13, para. 3, of Act No. 06/2003 of 22 March 2003 amending and supplementing the Legislative Decree of 22 August 1974 on the organization of social security. In Mexico, notification has to be made simultaneously to the Labour and Social Security Secretariats, the labour inspectorate and the Permanent Conciliation Commission (under sections V and VI of the federal Labour Act, which sets a deadline for notification of 72 hours). In Peru, section 35 of Legislative Decree No. 910 on the General Labour Inspection and Defence of Workers Act stipulates that employers, workers, health care and social security centres, clinics and hospitals, are responsible for notifying the Ministry of Labour of any occupational accidents or incidents of occupational disease. Endnote 61Algeria, Chile, Costa Rica, Greece; Republic of Moldova and the Netherlands; with regard to occupational diseases only, Tunisia. Endnote 62For example, in Brazil, Cuba, Czech Republic, Eritrea, Ethiopia, Greece, Honduras, Indonesia, Jordan, Nicaragua, Nigeria, Philippines, Saint Vincent and the Grenadines, Slovakia and Suriname. Endnote 63For example, in Benin, according to section 201 of the Labour Code, the employer must notify both the labour inspector and the social security fund of any occupational accident or disease. In Mali, according to section 71 of the Social Security Code, the employer is required to report any accidents or cases of occupational disease at the enterprise immediately, or within 48 hours at the latest, to the competent local labour inspectorate. The Government of Israel indicates that failure to report an accident at work resulting in an interruption in work of three days or more is punishable by law. Endnote 64The Government of Bulgaria indicates that notification of the regional labour inspectorate is obligatory in all cases of fatal accidents or any accident likely to lead to disability. In Japan, according to section 96 of the Industrial Health and Safety Ordinance of 1972, in cases of death or of interruption in work because of occupational accident or disease, a report has to be sent immediately to the chief of the labour inspectorate. Cases of accidents or illness resulting in an interruption at work of less than four days must be reported in the quarterly reports to the chief of the labour standards inspection service, in accordance with section 97 of the same Ordinance. The Government of China indicates that under section 13 of the Health and Safety Act, any fatal accidents or accidents resulting in serious injury must be reported to an occupational safety officer within 24 hours. In Cyprus, according to the Accidents and Occupational Diseases and Dangerous Occurrences (notification) Order of 1953, fatal accidents or those resulting in at least three days' incapacity for work must be reported immediately by the employer to the labour inspectorate. In the Republic of Moldova, under section 9 of the Regulations of 5 June 2002 (No. 706) concerning the procedure for investigating accidents at work, serious or fatal accidents have to be reported immediately to the labour inspectorate. Under the terms of section 27 of the Labour Protection Act, an annual report, giving details of any accidents at work during the year in which the report is made must be submitted by enterprises, institutions and establishment. In Mozambique, under section 12 of Decree No. 32/89 of 8 November 1989, the employer is required to notify the labour inspector not later than 48 hours after the occurrence or determination of fatal accidents or occupational diseases. Accidents or sickness resulting in any interruption in work of more than one day require notification by the employer within five days. The nature and extent of any injuries must be indicated. In the United Kingdom, in the case of fatal accidents at work and those resulting in serious injuries to members of the public or the workforce, notification, including a written report, must be made within seven days. No such deadline is specified as regards the deadline in the case of other accidents and cases of illness, which must also be reported in writing in accordance with the terms of regulations adopted in 1995 on reporting damage, illness and dangerous incidents. In New Zealand, according to section 25 of the Health and Safety in Employment Act of 1992, accidents or illness at work resulting in serious harm must be reported immediately to the labour inspectorate. Endnote 65In application of section 68 of the Occupational Health and Safety (Commonwealth Employment) Act of 1991. Endnote 661990 Rules on the application of the Factories Act, the Plantations Act and the Ports Act (Safety, Health and Welfare); the 1957 Rules on coal mines; the 1961 Metalliferous Mines Regulations; and the 1984 Oil Wells Regulations. Endnote 67According to section 63 of the Social Insurance Act No. 24 of 1976. Endnote 68Section 15 of the Safety and Health Ordinance and Regulation No. 3 concerning factories and enterprises. Endnote 69Section 25 of the Health and Safety in Employment Act of 1992. Endnote 70Section 96 of the Occupational Health and Safety Ordinance of 1972. Endnote 71Section 12 of Decree No. 32-89 of 8 November 1989. Endnote 72In accordance with Ministry of Health Order No. 257 of 8 November 1993. Endnote 73The Government of Suriname. Endnote 74In Cyprus, inspectors are responsible for carrying out on-the-spot investigations into the circumstances of all occupational accidents and diseases, and for conducting full inquiries on any fatal occurrences, serious injury and occupational diseases and other incidents with potentially serious consequences. Endnote 75According to section 71 of the Social Security Code. Endnote 76According to the Occupational Protection and Health Act No. 13. The Government indicates that the Ministry of Sugar and Agriculture is responsible for investigating accidents. Endnote 77According to section 4 of the Act respecting state monitoring of occupational safety. Endnote 78The requirement for labour inspectors to submit periodical reports to the central inspection authority is set out in Article 19 of Convention No. 81 and Article 25 of Convention No. 129. Endnote 79Under section 32(3) of the Act of 19 December 1958 respecting the conditions of employment of agricultural workers. Endnote 80Algeria (Executive Decree No. 90-209 of 14 July 1990 on the organization and functioning of the general labour inspectorate and Executive Decree No. 91-44 of 16 February 1991 to promulgate special regulations for labour inspectors); Angola (Decree No. 9/95 of 21 April 1995); Brazil (Decree No. 4552 of 27 December 2002, to make regulations for the labour inspectorate); Bulgaria (Decree No. 92 of 26 May 2000, to approve regulations of the Agency for General Labour Inspection); Chad (section 476(3) of the Labour Code); China (Macau Special Administrative Region) (Legislative Decree No. 52/98 M to regulate the activity of the Labour Inspection Department of the Labour and Employment Services Directorate); Côte d'Ivoire (Decree No. 2000/872 of 20 December 2000, respecting the organization of the Ministry of Labour, the Public Service and Administrative Reform); Gabon (section 231 of the Labour Code); Mauritania (section 369 of the Labour Code); Mozambique (Order No. 17/90 of 14 February 1990 of the Ministry of Labour); Niger (section 248 of Ordinance No. 96-039 of 29 June 1996 to promulgate the Labour Code); Peru (Legislative Decree No. 910 of 16 March 2001, to promulgate the general Act on labour inspection and defence of the worker); Russian Federation (section 355 of the Labour Code of 2001); Tunisia (section 170 of the Labour Code); Uruguay (section 6(1) of Decree No. 680/977 of 6 December 1997 on the application of international labour Conventions Nos. 81 and 129).
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