Chapter IV

Structure of the labour inspection system

138. The provisions governing the organization and functioning of the labour inspection system in order to achieve the objectives assigned to it by the relevant instruments are set out in Articles 1, 4, 5, 6 and 8 of Convention No. 81, as well as Articles 3, 7, 8, 10, 12 and 13 of Convention No. 129. Under the terms of these provisions, the labour inspectorate must function as a system under the supervision and control of a central authority, in cooperation with other public or private institutions and in collaboration with employers and workers or their organizations. Ensuring access to the data needed for developing an appropriate labour inspection policy depends largely on the development of cooperation mechanisms with the institutions that hold such data, including the competent labour administration authorities as well as other public and private bodies and institutions performing similar functions, employers and workers and their representative organizations and, where appropriate, civil society groups such as interested non-governmental organizations.

140. The Labour Inspection Recommendation, 1923 (No. 20), already suggested that the labour inspectorate be placed under the direct and exclusive control of a central state authority, and that it should be entirely independent of local authorities. (Endnote_1) Article 4 of Convention No. 81 reaffirms the principle of having a single central authority while allowing for a degree of flexibility in two respects: firstly, the labour inspection system must be placed under the supervision and control of a central authority only in so far as is compatible with the administrative practice of the Member (paragraph 1); and secondly, in the case of a federal State, the term "central authority" may be either a federal authority or a central authority of a federated unit (paragraph 2). These flexible arrangements take into account certain specific arrangements considered to be helpful in national administrative practice which had come to light during the preparatory discussions. (Endnote_2) Attaching the labour inspectorate to a central authority facilitates the establishment and application of a single policy throughout the territory covered, and makes it possible to use available resources in a rational way by, for example, eliminating duplication of effort. Flexibility clauses applicable to federal States must not be regarded as derogating from the principle of having a single central authority provided that the constituent units of the federal State have budget resources intended for use in implementing the functions of the labour inspectorate within their respective jurisdictions. However, the Committee considered that an initiative in one country to decentralize the labour inspectorate, without also making it an obligation for the decentralized regional or local authorities to institute a system to allow it to function and to provide adequate budgetary resources, was contrary to the terms of the Convention.

(a) by a single labour inspection department responsible for all sectors of economic activity;

(b) by a single labour inspection department, which would arrange for internal functional specialization through the appropriate training of inspectors called upon to exercise their functions in agriculture;

(c) by a single labour inspection department, which would arrange for internal institutional specialization by creating a technically qualified service, the officers of which would perform their functions in agriculture; or

(d) by a specialized agricultural inspection service, the activity of which would be supervised by a central body vested with the same prerogatives in respect of labour inspection in other fields, such as industry, transport and commerce.

150. Establishing inter-institutional cooperation and multilateral collaboration is an inherent part of the very concept of an administration system. Since the purpose of a systemic approach is to ensure that the whole is greater than the sum of the parts, the effectiveness of labour inspection will depend in no small measure on its capacity to function through interaction with its social and economic environment. It requires action to develop mechanisms and areas of cooperation with all the public and private actors concerned and with the social partners and their representative organizations. The designation of a central labour inspection authority ensures that the activities of the authorities placed under its control are coordinated with a view to achieving a clearly defined objective. It also ensures a degree of cohesion between mechanisms for cooperation and collaboration with other public and private bodies and institutions and with the employers and workers and their organizations, which are referred to in Article 5 of Convention No. 81 and Articles 12 and 13 of Convention No. 129. Lastly, by passing on to the consultative bodies that deal with labour and social issues, to all ministries concerned, and to the social partners, some of the information it receives from its subordinate departments, the central authority can contribute to strengthening the labour administration system as a whole.

151. A global and systemic approach to labour inspection has come to predominate in recent decades, especially in the industrialized countries, where it is widely accepted that a high level of protection as regards conditions of work contributes to social cohesion. A wide range of different cooperation mechanisms and institutions are being developed rapidly in a number of transition countries with a view to strengthening the labour inspection system. (Endnote_11)

152. Whatever the form of organization or the mode of operation of the labour inspectorate, labour inspection responsibilities are shared among different departments on a geographical or sectoral basis, or in accordance with the area or workplace liable to inspection. In all cases, it is important that the competent authority take steps to encourage cooperation between these different departments. Exchanging information on inspection methods and the results obtained can prevent much time-wasting. Rationalizing and pooling certain material and logistical resources could, in many developing countries, alleviate the chronic inadequacy of resources available to inspection services. Furthermore, from the employer's point of view, a degree of coordination between inspection services in order to plan and coordinate inspections would have the beneficial effect of reducing the need for a large number of separate inspections at short intervals.

154. If the different functions of the labour inspectorate as defined in the instruments are to be carried out effectively with regard to the main objective, broad cooperation is needed between the various labour inspection departments and the other government departments and public or private services that carry out similar activities. According to Article 5(a) of Convention No. 81 and Article 12, paragraph 1, of Convention No. 129, that cooperation must be "effective". A range of different structures and bodies, in order to meet their respective obligations, have at their disposal a wide range of data, information and research on the world of work, which should be communicated systematically to the appropriate labour inspection departments through appropriate mechanisms. The importance of coordination between the different tasks and responsibilities assigned to the labour administration system is acknowledged by all governments. The methods and mechanisms used for this vary, however, from one country to another. While the development of adequate statistical tools and detailed annual reports has made it easier to asses the effectiveness of these methods in the industrialized countries, this is not the case in many developing countries, where it is difficult or even impossible to compile relevant information. Nevertheless, the establishment of cooperation bodies and mechanisms with a view to exchanges of information on safety and health issues bodes well for the future in those countries. The support of certain public and private actors and the collaboration of the social partners are essential to the functioning of labour inspection, and should be encouraged in order to improve all conditions of work and the protection of workers within the jurisdiction of the labour inspectorate.

156. That the respective objectives of social security and labour inspection services are complementary is no longer a matter of debate. The benefits of bringing them together under the authority of a single government authority are becoming increasingly evident in certain countries. Although it is often a legal obligation for the employer, worker or responsible medical practitioner to report accidents at work or cases of occupational disease to the labour inspectorate, it is often in practice the social security services that are the first, and sometimes the only, recipients of such notifications. It is therefore desirable that provisions be in place to ensure that any relevant information on cases and conditions defined by legislation be communicated as systematically as possible to the labour inspectorate. This would give the labour inspectorate the data it requires to identify high-risk establishments and activities and determine means of prevention with a view to eliminating risk factors. By the same token, inspection services should be required to inform the social security and social insurance services of situations that pose a threat to workers' safety and health which they encounter during inspection visits. Raising insurance premiums for employers who are particularly negligent or persistent in disregarding inspectors' injunctions could reinforce the safety and health role of the labour inspectorate. The economic advantages of such cooperation, for both the enterprise and the insurance institutions, has been more than amply demonstrated in all the countries where relevant measures have been implemented. (Endnote_12)

157. Effective support from the police can be useful, and sometimes essential, in carrying out certain inspection missions. In some countries, occurrences concerning occupational safety and health must be reported in the first instance to the police. Where they are reported without delay to the competent labour inspection service, they may give rise to appropriate and effective inspection measures. Allowing labour inspectors to call on the support of the police when they are obstructed in the performance of their duty can have a deterrent effect, all the more so if effective measures are in place to ensure rapid implementation and in particular to ensure the physical safety of the inspector and allow the planned inspections to take place smoothly. Such provisions exist in many legislations. (Endnote_13) In many developing countries, however, this is not feasible because of the separation of the various institutions and the absence of appropriate mechanisms at different hierarchical levels.

158. The effectiveness of the sanctions available to the labour inspectorate depends to a large extent on the way in which the judicial authorities deal with the case files referred to them by or on the recommendation of the labour inspectors. A growing number of countries are taking steps to develop effective cooperation between the judicial system and the labour inspectorate. (Endnote_14) The impact of such measures is reflected in the annual inspection reports from the governments of certain industrialized countries. (Endnote_15) A study conducted in 1991 by the Inter-American Center for Labour Administration in the Dominican Republic showed the need to develop adequate cooperation between the labour inspectorate and the justice system in order to improve the results of labour inspection, and the trade unions are increasingly complaining of the inadequacy of the support given by the courts to the labour inspectorate in its work. (Endnote_16) Closer coordination between the competent administrative and judicial authorities, education of the legal professions and appropriate judicial training could certainly raise the awareness of judges as to the social and economic value of labour inspection and encourage them to pay more attention to the goals of the labour inspectorate.

159. Machinery should be put in place to ensure that any information needed to identify establishments and undertakings legally liable to inspection and held for other purposes by other public authorities (for example, finance and tax authorities, or departments responsible for issuing operating licences) is made available to the labour inspectorate. The Committee notes that in one country, the central labour inspection authority has strongly suggested that the cooperation of the tax authorities be sought in any proceedings to recover unpaid wages. (Endnote_17)

160. Following the recommendation of the Vienna Declaration and Programme of Action (1993), many countries have created a national human rights mechanism which individuals may use to file complaints regarding violations of human rights, including labour rights. In these countries, effective cooperation between the labour inspection system and the national human rights mechanism is useful and to be encouraged.

161. In view of the growing numbers of foreign and migrant workers in many countries, the labour inspectorate is often being asked to cooperate with immigration authorities. The Committee points out that such cooperation should be carried out cautiously, keeping in mind that the main objective of the labour inspection system is to protect the rights and interests of all workers and to improve their working conditions.

162. One particularly useful form of cooperation in developing a labour inspection policy involves social and environmental research institutions. This is having an impact in industrialized countries like Norway, where research institutions are being involved in efforts to identify labour inspection priorities. A database created jointly by the Electrical and Fire Safety Department, the industrial health and safety authority and the pollution monitoring authority, allows the respective activities of these bodies to be coordinated in a rational way. In addition, the labour inspection services and the county "work and life" centres collaborate at the regional and local levels in joint activities.

163. The labour inspectorate can attain its objectives only if appropriate measures are adopted by the competent authority to promote effective collaboration with employers and workers in its activities. A requirement along these lines is set out in Article 5, paragraph 2, of Convention No 81, and in Article 13 of Convention No 129. Recommendations Nos. 81 and 133 also provide certain indications as to possible arrangements for collaboration in the area of occupational safety and health. Part II of the former instrument sets out possible forms and methods of collaboration. The latter advocates recourse in the agricultural sector to committees for hygiene and safety, which include representatives of employers and workers, as one form of collaboration (Paragraph 10).

165. In a number of countries, a national consultative body, of tripartite composition and with a general mandate for labour issues, is appointed as a basic framework for collaboration between workers' and employers' organizations and the labour inspectorate in the area of occupational safety and health. (Endnote_18) In Bulgaria, the executive director of the general labour inspectorate directs discussions on labour inspectorate reports and proposals. More often, national tripartite councils have been set up specifically to examine questions pertaining to occupational safety and health in industry and commerce. (Endnote_19) In India, the consultative portworkers' committee, chaired by the chief port safety inspector, is also responsible for social assistance.

167. Inter-institutional cooperation and collaboration with the social partners may take other forms. Collaboration focusing on occupational safety and health is ensured through tripartite agreements in Bulgaria (Endnote_21) and Cyprus (Endnote_22). In the Netherlands, the aim of collaboration between employers and workers is to reduce the number of people drawing sickness and disability benefits by improving conditions of work.

169. In many countries, special committees exist to deal specifically with questions of occupational safety and health in particular categories of establishment or undertaking. (Endnote_23)In certain developing countries, however, especially in Africa, implementation of legal provisions adopted for this purpose is delayed by the absence of implementing regulations or by the inadequacy of the available means of inspection. (Endnote_24)

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Endnotes

Cross references
Recommendations:R020 Labour Inspection Recommendation, 1923