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2006, Labour Inspection: Chapter IX - Reports on the work of the labour inspectorateDescription:(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): 252006G11 Chapter IX Reports on the work of the labour inspectorate 307. The instruments provide for two types of report on the work of the labour inspectorate: periodical reports to be submitted by labour inspectors or local inspection offices to the central inspection authority and an annual general report published by the central inspection authority on the work of the inspection services under its control. I. Reports of labour inspectors on their activitiesA. Basic objectives 308. Article 19 of Convention No. 81 and Article 25 of Convention No. 129 lay down the general requirements for the drafting and submission of periodical reports to the central inspection authority. To take account of each country's specific needs, the instruments provide that the periodical reports shall deal with such subjects as may from time to time be prescribed by the central authority. 309. Although the form, content and frequency of the periodical reports by inspectors or local offices are to a certain extent left to the discretion of the central inspection authority, they should provide the latter, within a reasonable time, with information on subjects that should be included in a consolidated form in its annual report: the workplaces liable to inspection and number of workers employed; inspection visits and their results in terms of proceedings and penalties; and the situation with regard to occupational safety and health (subparagraphs (c) to (g) of Article 21 of Convention No. 81 and Article 27 of Convention No. 129). This is the minimum basic information required for an evaluation of the operation of the labour inspectorate and assessment at the international level by the ILO supervisory bodies. 310. While the instruments do not lay down an express obligation for inspectors to draw up reports of each of their inspection activities, this is implied in their provisions, since periodical reports can only be drafted if each inspector has kept a regular record of his or her inspections and their results. As it is not the task of the central inspection authority to examine each inspection report, but to ensure that the entire system functions effectively, it is through the periodical reports submitted by each local inspection office that the central authority will keep itself duly informed. 311. The available information shows that most countries have provisions in their legislation laying down an obligation to submit periodical reports on inspection activities. 312. The Committee notes that new information and communication technologies make it possible for labour inspectors in an increasing number of countries to report systematically on each of their activities, as well as preparing consolidated reports covering periods defined by the central authority. This makes drafting the annual report and publishing it – in some countries – considerably easier. In countries where these technologies are not available, such an obligation on inspectors to submit a report to the central authority on each inspection is not necessarily justified. It may even overburden them to no practical purpose if the information cannot be put to good use owing to lack of human and material resources. However, the fact that a higher inspection authority at the local or regional level examines the inspection reports of the inspectors under their direct control may enable measures to be taken which will improve the efficiency of inspection activities. The Committee does not have enough information to assess the extent to which inspectors in some countries are obliged in practice to submit inspection reports to the higher authority, the employer or workers' representatives. B. National practice313. Under Article 19 of Convention No. 81 and Article 25 of Convention No. 129, it is the central inspection authority that prescribes the frequency of periodical reports. The instruments specify, however, that this shall not be less than once a year. Depending on the country, the obligation to submit periodical reports is assigned to inspectors, (Endnote_1) local offices (Endnote_2) or regional inspection services. (Endnote_3) The reports may be submitted on a monthly, (Endnote_4) quarterly, (Endnote_5) biannual (Endnote_6) or yearly (Endnote_7) basis. In Bulgaria and New Zealand, regional inspectorates are required to report on their activities by branch every month, every quarter and at the end of each year. In Peru, the normally monthly frequency of reports may be altered at the request of the hierarchical superior or in special circumstances. (Endnote_8) 314. The legislation of several countries provides specifically that periodical reports must cover inspection activities or the results of such activities, (Endnote_9) or give an assessment of such activities over the reporting period. (Endnote_10) In Bulgaria, they are required to contain an analysis of the situation with regard to occupational injuries, of the application of occupational safety and health laws and regulations, and of labour relations. (Endnote_11) In Ethiopia, periodical reports must also contain information on the impact of industrial accidents in terms of human, material and financial costs. Specific annual reports on the situation with regard to occupational safety and health are also required from labour inspectors in the Republic of Korea. (Endnote_12) In Tunisia, labour inspectors' periodical activity reports must mention serious industrial accidents and their causes, the reasons for collective and individual labour disputes and any information conducive to regional or general economic recovery, the development of social relations at work and improvements in the standard of living. (Endnote_13) In other countries, such as Malawi, it is the central labour inspection authority that decides what subjects are to be covered by the periodical reports. (Endnote_14) 315. The Committee notes that in most countries, inspection activities relating to occupational safety and health are a priority subject of inspectors' periodical reports. The statistics most frequently included in such reports are the number of inspections carried out and workplaces inspected. Although statistics on the number of workplaces liable to inspection are essential to assessing the extent to which needs are being met, they are only rarely required by the central authority. It is worth mentioning that the departmental authority is obliged to include such statistics in its quarterly reports in China (Macau Special Administrative Region). (Endnote_15) Also worth noting is the express provision inviting inspectors to identify deficiencies in legislation in Peru. (Endnote_16) 316. Information on each aspect of inspectors' activities needs to be presented in a consolidated form in the periodical reports to the central authority. This is essential if the latter is to be able to monitor the work of the labour inspectorate at the local level, assess the performance of each inspector, identify the difficulties that arise and, as the case may be, award incentives, apply disciplinary measures or provide support. Moreover, the central authority needs to have all the information from local labour inspection services within a reasonable time, in order to prepare the annual reports enabling the labour inspection system to be evaluated. 317. The Committee does not have enough information on the form in which periodical reports are drafted, or the way in which the information contained in them is used. In this regard, it would emphasize the importance of these reports being drawn up in accordance with precise instructions as to the nature, type and degree of detail of the information required, including information and data disaggregated by sex, as this is essential if they are to be used effectively. Inspectors need to be reminded occasionally of the purpose for which the required statistics are compiled, as an incentive to provide them in an appropriate manner, including in response to requests from other labour administration bodies or ministerial departments. This applies to any document drawn up by inspectors, whether as an outcome of their inspections or provision of technical information or advice, or as a record of their interactions with public or private entities in the course of their inspection duties. Standardizing labour inspection documents and concepts helps save public funds, especially if it is done in consultation with the other public or private bodies concerned. Such standardization is only possible if there is nationwide consistency in the terms, definitions and criteria for the presentation and classification of labour inspection documents used. 318. Standard industrial accident and occupational disease notification forms, designed in consultation with the insurance or social security institutions, on the one hand, and statistical bodies, on the other, could serve as the basis for focusing on the identification and prevention of occupational hazards and strengthening cooperation to reduce their incidence. Where violation report forms are designed in cooperation with the judicial authority, this can help to ensure a better understanding by the courts of proceedings instituted or recommended by inspectors against persons accused of violating legal provisions relating to conditions of work and protection of workers, leading to greater consistency in decisions concerning similar cases and circumstances. 319. In this regard, the Committee would draw the attention of Members to the existence of international classification standards relating to certain statistics on different aspects of work, which could provide a useful framework for the central inspection authority in preparing labour inspection documents. II. Annual reports of the central inspection authorityA. Basic objectives 320. Under Article 20 of Convention No. 81, the central inspection authority shall publish an annual general report on the work of the inspection services under its control and transmit copies to the Director-General of the International Labour Office. Such reports shall be published within a year at most after the end of the year to which they relate; the time limit for sending them to the ILO is three months. Article 21 lists the subjects to be dealt with in the reports, while Paragraph 9 of Recommendation No. 81 describes in detail how the information should be set out. Articles 26 and 27 of Convention No. 129 and Paragraph 13 of Recommendation No. 133 contain equivalent provisions on the annual reports concerning the work of the agricultural labour inspection services. Under Article 26, paragraph 1, of Convention No. 129, the annual report on labour inspection in agriculture can be published either as a separate report or as part of the general annual report. This meets the concern expressed by some governments that publishing separate reports for each of the sectors covered by the ratified instruments could entail additional costs and constraints. Publication of separate reports could be appropriate, however, in countries where the inspection systems report to different central authorities depending on the sector covered. 321. As mentioned above, it is the periodical activity reports sent by inspectors or local offices under its control that provide the information needed by the central authority on trends in coverage and the results of the inspectorates' activities, as well as the occupational safety and health situation in the sectors covered (subparagraphs (c) to (g) of Article 21 of Convention No. 81 and Article 27 of Convention No. 129). To give an overview of the work of the labour inspectorate, the central authority consolidates in its annual report all the relevant information received, supplementing it with a list of the laws and regulations relevant to the work of the labour inspection service and a description of its staff (subparagraphs (a) and (b) of Article 21 of Convention No. 81 and of Article 27 of Convention No. 129). 322. As in previous general surveys on labour inspection, the Committee emphasizes the need to ensure that the annual report of the central inspection authority is published within the time limits laid down in the Conventions and that it deals in as much detail as possible with the subjects covered. It points out, however, that in order to avoid excessively lengthy annual reports, the information on laws and regulations may be confined to legislative changes that occurred since the last annual report. It would however be desirable to have a recapitulative list of all relevant laws and regulations at periodic intervals. 323. Given that the legal provisions referred to in the Conventions also include collective agreements and arbitration awards enforceable by the labour inspectorate, the Committee draws the attention of governments of countries where conditions of work are essentially governed by collective agreements to the need to update the relevant information in successive annual reports. 324. As regards the information required under subparagraphs (b) to (g) of Article 21 of Convention No. 81 and of Article 27 of Convention No. 129, Recommendation No. 81 provides useful indications as to how it should be set out (Paragraph 9). The Committee invites governments to ensure that the central inspection authority uses this as a model for presenting the information in its annual report. 325. The Committee has a few more points to make in this connection. Statistics of staff of the labour inspection service (subparagraph (b)) should be disaggregated so as to enable an assessment of the extent to which staffing levels meet the criteria for determining the number of inspectors in accordance with Article 10 of Convention No. 81 and Article 14 of Convention No. 129. A table indicating the different categories of inspectors and their number, as well as their geographical distribution and, where appropriate, their area of specialization by branch or object of inspection, could easily be updated every year. The Committee would also wish to see included specific information on the number of women inspectors appointed and the different tasks to which they are assigned. 326. As for statistics on the number of workplaces liable to inspection and the number of workers employed therein (subparagraph (c)), these are essential for the evaluation of the resources needed by the labour inspectorate. Without these figures it is impossible to assess the level of coverage by inspection as against the number of workplaces liable to inspection. Therefore a particular effort should be made to establish and update a register of workplaces and enterprises liable to inspection, indicating the number and categories of men and women workers employed in them. 327. The level of detail of the statistics of inspection visits (subparagraph (d)), violations and penalties imposed (subparagraph (e)), industrial accidents (subparagraph (f)) and occupational diseases (subparagraph (g)) depends closely on the economic situation of each country and the resources allocated to labour inspection. In the few countries where the central inspection authority does not cover occupational safety and/or health, the competent authority should take measures to ensure that appropriate arrangements are in place for the communication of the relevant information for inclusion in the annual report. 328. In the view of the Committee, it would be desirable to include information on other subjects such as those set forth in Paragraph 13 of Recommendation No. 133 (statistics of labour disputes in agriculture; identification of problems regarding application of the legal provisions, and progress made in solving them; and suggestions for improving the conditions of life and work in agriculture). Information on other aspects of the activities of the labour inspectorate not covered by the instruments can help the central inspection authority, the public authorities in general, the social partners and, at the international level, the ILO supervisory bodies, to assess the extent to which each country pursues the objectives of labour inspection within the meaning of the instruments. Accordingly, budget allocations may be adjusted to give priority to labour inspection aimed at enforcing the legal provisions relating to conditions of work and the protection of workers. The social partners have a role to play in ensuring that political will is reflected in law and practice; they may act both at national level and at international level by communicating their views to the ILO supervisory bodies. B. National practice329. To judge from the number of annual inspection reports received by the ILO and their content, it appears that most countries bound by Conventions Nos. 81 and 129 encounter persistent difficulties in meeting the obligation laid down in the instruments for the central inspection authority to publish and communicate such reports to the ILO. The existence of national legislation to this effect is not enough in itself to overcome these difficulties. 330. As mentioned in its previous general survey on the subject, the Committee continues to observe that annual reports on labour inspection in agriculture are extremely rare. Reports sent by some countries with a common labour inspection system covered by both instruments do not make a distinction as to the activities carried out in the agriculture sector or their results, which makes it difficult to assess the application of Convention No. 129. The Committee emphasizes once again that the drafting of an annual report is not an end in itself, but is intended to provide the national authorities with an adequate overview of the work of the labour inspection system so that they can take steps to improve it if necessary. 331. Publication of the annual report is intended to ensure the necessary transparency with regard to the resources, activities, difficulties and results of labour inspection. This gives the social partners and the public and private bodies concerned, including non- governmental organizations, the opportunity to better understand the work and objectives of the labour inspectorate, as well as the problems it faces, and to contribute their views as to how it can be improved. 332. Regular communication of the annual report to the ILO enables the supervisory bodies of the Organization to assess performance and the difficulties that arise in establishing and implementing the labour inspection system, and to support government efforts to meet the objectives laid down in the instruments and other international labour standards on conditions of work and the protection of workers while engaged in their work. 333. Central inspection authorities should therefore endeavour to meet their obligations to provide an annual report, taking due account of their objectives, specifically for each sector covered. 334. The governments of several countries not bound by the labour inspection Conventions have provided information indicating that labour inspection reports are prepared on a yearly basis. (Endnote_17) While the content of the reports varies from one country to another, special emphasis is generally laid on occupational safety and health issues as well as collective labour disputes. The Governments of China and Chile have indicated that such reports are published. (a) Publication and communication to the ILO of annual inspection reports335. Only a few of the annual reports sent to the ILO appear to have been published. The Committee observes that annual reports are published in some countries, including Australia, Belgium, Bulgaria, Denmark, Estonia, France, Germany, Latvia, Norway, Portugal and Spain. In certain countries, the reports are published and posted on the Web. (Endnote_18) The Government of the Republic of Korea regularly sends an annual report to the ILO in the form of a CD-ROM. In several countries, the annual report is sometimes published and sometimes sent to the Office in a form which leaves some doubt as to whether it was intended to be widely distributed. The Committee often draws the attention of the governments concerned to the need to ensure that the report is published regularly. The Government of Finland has indicated that labour inspection reports are not regularly prepared, as there is considerable delay in obtaining definitive statistics on industrial accidents and occupational diseases. The Committee has frequently asked governments of many countries to take steps to ensure that the central inspection authority complies with its obligation to publish an annual activity report. The Committee has noted that some of the documents sent under Articles 20 and 21 of Convention No. 81 and sometimes under Articles 26 and 27 of Convention No. 129 consist merely of statistical tables covering varying periods and insufficiently specific subjects, which make it difficult to adequately assess the application of the instruments. 336. It is regrettable that in some countries no annual reports have been prepared for many years. The reason most frequently cited by the governments concerned is lack of sufficient resources. Some governments express the hope that these difficulties can be overcome with technical assistance from the ILO and financial assistance under international cooperation. 337. The Committee has also noted for a number of years that annual inspection reports are transmitted to the ILO at varying intervals, in some cases far exceeding those prescribed by Article 20 of Convention No. 81 and Article 26 of Convention No. 129. (b) Content of annual reports338. The Committee observes that the content of annual reports sent to the Office varies from one country to another. Most of the industrialized countries and some transition countries of Central and Eastern Europe include the information required by Conventions Nos. 81 and 129 in their reports. The Committee has noted with satisfaction the detailed and exhaustive annual inspection reports recently sent by Bulgaria and Latvia which concern the work of the labour inspectorate in industrial and commercial workplaces and which contain an evaluation of the efficiency of the labour inspection system, an analysis of the difficulties that arise and suggestions on ways to solve them. Swaziland also sent very detailed statistics in the annual report of the Department of Labour. In Spain, Poland and Portugal, efforts to produce annual inspection reports with the highest level of detail on resources, activities, results and prospects of labour inspection in agriculture reflect the willingness of the competent authorities to improve the conditions of work and life of agricultural workers and their families. 339. The more information a report contains on the coverage and practical work of the labour inspectorate, the more closely it will comply with the objectives assigned to it. The information prescribed by subparagraphs (a) to (g) of Article 21 of Convention No. 81 and of Article 27 of Convention No. 129 represents a minimum requirement. The Committee observes, however, that most of the annual inspection reports received by the ILO lack information on a number of subjects. An examination of the various documents sent by some governments instead of the annual report required by the instruments reveals the priority assigned to some aspects of labour inspection and the neglect of others, indicating the difficulty some countries have in seeing this function in the holistic manner required. (Endnote_19) 340. Information on the laws and regulations relevant to the work of the inspection service (subparagraph (a)) is generally communicated to the ILO in the government reports under article 22 of the ILO Constitution on the application of one of the labour inspection Conventions. This does not, however, obviate the need to publish it in an annual report in order to make it accessible to employers, workers and their organizations, and other interested parties. The same applies to information concerning staff of the labour inspection service. 341. The Committee notes that most of the annual inspection reports, as well as the different compilations of statistics sent to the ILO under Conventions Nos. 81 and 129, regrettably fail to include statistics on the number of workplaces or enterprises liable to inspection and the number of workers employed therein (subparagraph (c)). This makes it impossible to attempt an evaluation of the volume of inspection activities as against needs. 342. Statistics of inspection visits (subparagraph (d)) are provided in most of the annual reports received by the Office. Where they indicate the purpose and number of visits by workplace or enterprise, the number and categories of persons employed, and where they are broken down by sex or by geographical area, such statistics are invaluable in assessing the range of activities carried out by the inspection system, provided that they can be examined in the light of other essential data such as those relating to the total number of workplaces and enterprises liable to inspection. 343. Annual statistics of violations and penalties imposed (subparagraph (e)) reflect the impact of inspection activities, in both their preventive and punitive aspects, on the application and work of the labour inspection system. The evolution of these statistics over the reference period is a useful indicator for the central inspection authority in designing its action programmes, especially if the statistics are broken down according to a classification of violations by nature and gravity, correlated with the nature and degree of the penalties imposed (such as imprisonment, fines, ban on operating or suspension of operating license). The Committee notes with interest that increasingly detailed information on these subjects is being included in the annual reports of some countries. (Endnote_20) It observes nonetheless that a number of countries either include only vague statistics on violations and penalties, or omit them altogether. 344. In other countries, information provided on violations and penalties does not deal with conditions of work and protection of workers including wages and equal remuneration, as prescribed in Conventions Nos. 81 and 129, but focuses on other subjects – for the most part, illegal employment or collective labour disputes. In this regard, statistics often centre on the prevention and punishment of evasion of social security contributions and/or irregular migration. Such statistics are not directly relevant to an evaluation of the extent of application of the international instruments and national legislation on conditions of work and the protection of workers while engaged in their work. Moreover, they are an indication that the labour inspectorate in the country concerned is not primarily engaged in the role it should have under the instruments. The Committee regularly reminds the governments concerned of their obligations in this regard. 345. The purpose of statistics of industrial accidents and occupational diseases (subparagraphs (f) and (g)) is to reflect the general situation with regard to occupational safety and health, with a view to improving it. In order for the relevant statistics to be included in the annual inspection report, it is important to ensure that the labour inspectorate is notified of industrial accidents and occupational diseases, as provided in Article 14 of Convention No. 81 and Article 19 of Convention No. 129. It has been observed that, while industrial accident statistics are available in many countries, the same cannot be said of those regarding occupational disease. Many governments, including those of the most developed countries, have described obstacles preventing the collection of such statistics.
EndnotesEndnote 1Brazil, Gabon, Republic of Korea, Malawi, Mauritius, Mauritania, Peru, Suriname, Tunisia, for example. Endnote 2Algeria, Cyprus, Ethiopia, Jordan, Rwanda, for example. Endnote 3Bulgaria, China (Macau Special Administrative Region), Cuba, Mali, Spain, for example. Endnote 4Cyprus, El Salvador, Jordan, Mauritius, Peru, Spain, for example. Endnote 5Cuba, Gabon, Malawi, Mali, Tunisia, for example. Endnote 6China (Macau Special Administrative Region), for example. Endnote 7Rwanda, for example. Endnote 8Section 18 of Presidential Decree No. 020-2001-TR to promulgate the General Act on labour inspection and defence of the worker. Endnote 9Brazil (section 18(XXI) of Decree No. 4522 of 27 December 2002 to promulgate regulations on the labour inspectorate); El Salvador (section 38(d) of Decree No. 682 of 19 April 1996); Republic of Korea (section 19 of the Regulations on the obligations of labour inspectors); Mauritania (section 369 of the Labour Code). Endnote 10Algeria (sections 13 and 15 of Decree No. 90-209 of 14 July 1990 on the organization and functioning of the General Labour Inspectorate). Endnote 11Section 14(3)(6) of the Regulations of the General Labour Inspectorate Executive Agency. Endnote 12Section 26 of the Regulations on the obligations of labour inspectors. Endnote 13Section 180 of the Labour Code. Endnote 14Section 16 of the Employment Act. Endnote 15Section 25(2) of Legislative Decree No. 60/89/M of 18 September 1989. Endnote 16Section 9(e) of Legislative Decree No. 910 of 16 March 2001, to promulgate the General Act on labour inspection and defence of the worker. Endnote 17Chile, China, Eritrea, Ethiopia, Fiji, Mexico, Mongolia, Nicaragua, Papua New Guinea, Slovakia, South Africa. Endnote 18For example, Australia, Brazil, France, United Kingdom. Endnote 19In this respect, the ILO's InFocus Programme on SafeWork is currently developing an Internet tool which will facilitate the collection and dissemination of relevant data. Endnote 20For example, Belgium, France, Latvia, Poland, Portugal and Spain.
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