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Report III (Part 1B) International Labour Conference 95th Session, 2006 Report III (Part 1B) General Survey of the reports concerning the Labour Inspection Convention, 1947 (No. 81), and the Protocol of 1995 to the Labour Inspection Convention, 1947, and the Labour Inspection Recommendation, 1947 (No. 81), the Labour Inspection (Mining and Transport) Recommendation, 1947 (No. 82), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133) Third item on the agenda: Information and reports on the application of Conventions and Recommendations Report of the Committee of Experts on the Application of Conventions and Recommendations (articles 19, 22 and 35 of the Constitution) International Labour Office Geneva LABOUR INSPECTION INTERNATIONAL LABOUR OFFICE GENEVA ISBN 92-2-116606-6 ISSN 0074-6681 First edition 2006 The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. ILO publications can be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, Switzerland. Catalogues or lists of new publications are available free of charge from the above address, or by email: [email protected] Visit our web site: www.ilo.org/publns ILC95-III(1B)-2006-01-0329-1-En Printed by the International Labour Office, Geneva, Switzerland Summary Paragraphs Introduction............................................................................................................... 1-15 Chapter I. Evolution of the scope of labour inspection from 1947 to the present day: Towards broad coverage .................................... 16-43 Chapter II. Mandate of the labour inspection....................................................... 44-84 Chapter III. Preventive functions of labour inspection .......................................... 85-137 Chapter IV. Structure of the labour inspection system.......................................... 138-172 Chapter V. Labour inspection staff: Composition, status, conditions of service and standards of conduct .................................................. 173-237 Chapter VI. Resources of the labour inspection.................................................... 238-255 Chapter VII. General inspection methods: Inspection visits................................... 256-278 Chapter VIII. Prosecution and penalties for violation of legislation ......................... 279-306 Chapter IX. Reports on the work of the labour inspectorate ................................. 307-345 Chapter X. Ratification prospects......................................................................... 346-362 Final remarks............................................................................................................ 363-374 v Contents Page Introduction.......................................................................................................................... 1 Background................................................................................................................... 1 The history, context and terms of international labour inspection standards................ 1 Development, diversification and trends in labour inspection....................................... 4 State of ratification ........................................................................................................ 5 Information available..................................................................................................... 5 Chapter I. Evolution of the scope of labour inspection from 1947 to the present day: Towards broad coverage ............................................................................... 7 I. The 1947 instruments on labour inspection in industry and commerce .............. 7 A. Possibility of exempting mining and transport undertakings or parts of such undertakings............................................................................. 7 B. Possibility of excluding commercial workplaces............................................. 8 C. Possibility of total or partial exclusion of certain areas .................................. 8 D. Definition of workplaces covered and workers protected............................... 8 II. The 1969 instruments on labour inspection in agriculture................................... 9 A. Coverage of all agricultural undertakings in which employees or apprentices work........................................................................................ 10 B. Optional clause on extension of coverage by the labour inspection system to unpaid agricultural workers ........................................................................ 11 III. Protocol of 1995 to the Labour Inspection Convention, 1947: Extension of the labour inspection system to the non-commercial services sector ............. 12 A. Definition of non-commercial services ........................................................... 12 B. Possibility of excluding certain categories of non-commercial services from the scope of the Protocol and special aspects of labour inspection ...... 13 C. National practice............................................................................................ 14 Chapter II. Mandate of the labour inspection................................................................... 15 I. Conditions of work and protection of workers ..................................................... 16 A. The conditions of work covered by the instruments....................................... 16 B. New aspects of conditions of work................................................................. 18 C. Protection of workers while engaged in their work......................................... 18 D. Related matters.............................................................................................. 19 II. Living conditions of workers and their families .................................................... 19 vii Labour inspection Page III. Other functions entrusted to labour inspectors by national legislation ................ 21 A. Functions in the event of collective labour disputes....................................... 22 B. Control of illegal employment......................................................................... 24 C. Functions related to the exercise of freedom of association and the right to collective bargaining .................................................................... 25 D. Child labour.................................................................................................... 26 Chapter III. Preventive functions of labour inspection....................................................... 29 I. Technical information and advice to employers and workers.............................. 29 II. Specific mandate of the labour inspectorate in the area of occupational safety and health................................................................................................. 32 A. Preventive control of establishments, activities, production procedures and use of new products and substances...................................................... 32 B. Monitoring of safety and health at work ......................................................... 35 (a) Powers of injunction of labour inspectors................................................. 35 (b) The role of inspectors in cases of occupational accident and reporting of an incidence of occupational disease.................................... 39 III. Contribution of labour inspection to the improvement of labour law.................... 45 Chapter IV. Structure of the labour inspection system...................................................... 47 I. Placing the labour inspection system under the supervision and control of a central authority............................................................................................ 47 II. Cooperation needed for the inspection system to function ................................. 50 A. Cooperation between the inspection services ............................................... 51 B. Cooperation between inspection bodies and other institutions...................... 51 (a) Social security and social insurance institutions....................................... 52 (b) The police................................................................................................. 53 (c) Judicial bodies.......................................................................................... 53 (d) Tax authorities and the ministries responsible for the sectors covered by inspection............................................................................... 53 (e) National human rights mechanisms ........................................................
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