The Global Challenges of Labour Inspection

The global challenges of labour inspection

Labour Education 2005/3-4 No. 140-141

Contents

Editorial V

The global challenges of labour inspection Globalization, workplace and health, by Gerd Albracht 1 Shared interests: Unions and labour inspection, by Bjørn Erikson and Ian Graham 9 Labour inspection and the informal economy, by José Luis Daza 15 Hard times for labour inspection, by Isabelle Hoferlin 22

Labour inspection in the regions Labour inspection in Africa – promoting worker rights, by Sammy T. Nyambari 29 Labour inspection – the Brazilian experience, by Maria de Lourdes Moure 36 Providing a safe workplace – the Singapore experience, by Magdalene Chan and Ho Siong Hin 41 Labour inspection policies, practices and experiences in Australia, by Michele Patterson 47 Occupational health and safety inspection in Western Europe: Policies, practices and experiences, by Adrian F. Ellis 54 Labour inspection in Russia and the CIS, by Wiking Husberg 60

Integrated labour inspection systems Integrated labour inspection systems: The strategy of the ILO, by Gerd Albracht 67 The ten steps for strengthening labour inspection, by Bernd Treichel 74 The International Association of Labour Inspection, by Jan Weismüller and Joshua A. Seidman-Zager 79

III

Editorial

“ he labour inspection system has the potential to play an even greater Trole than it has hitherto, in ensuring the protection of both men and women workers in all sectors and at all levels; in ensuring compliance at national level with national labour laws; and, ultimately, in assisting and strengthening the international supervisory system.” That is the conclusion of a general survey on labour inspection which will be submitted to the International Labour Conference in June 2006. Certainly, labour inspection is a vital link in the promotion of decent work for all. At a time of globalization and increased competition, rapid technological change and new production methods, protecting workers remains a vital task. It is also a diffi cult task – and sometimes a shamefully dangerous one. Addressing an international meeting on labour inspection held in Lux- embourg last year, a workers’ representative on the Governing Body of the International Labour Offi ce summed up the preconditions for worker protection and respect for decent work as follows: good labour legislation which respects international standards; strong, independent, representative trade unions which enjoy the basic rights to organize and negotiate; and effective labour inspection, provided with the means needed and conducted by inspectors who are trained, suitably qualifi ed and free of any undue outside infl uence. Unfortunately these days, as the general survey shows, labour inspection is neglected by many governments and fl outed by unscrupulous employers, even when it is not sacrifi ced outright on the altar of privatization. Sometimes this gets to the point where even those whom labour inspection is supposed to protect begin to doubt its effectiveness. But we should not forget the great progress that labour inspection has made since it was fi rst introduced by law in Britain in 1802. Nor should we overlook the existence of proposals for better inspection. They come mainly from the inspectors themselves, from trade unionists and from experts in the International Labour Offi ce. In this issue of Labour Education, they air their views. All of them have the same concern at heart – defending and protecting workers’ right to decent employment. Central to this action is the ILO Labour Inspection Convention, 1947 (No. 81), which they all regard as the best instrument for achieving these aims. “We are protected by ILO Convention No. 81, which guarantees our independence,” a French labour inspector pointed out recently. “We have the responsibility of alerting governments in offi ce to the way in which wage-earners are treated. During inspections, we act to penalize employers where appropriate, according to the seriousness of the offences committed.” It is worth highlighting this explicit reference to an international standard, seen as a bulwark against injustice by those active in the fi eld in an industrialized country. For a bulwark it surely is.

V Like its twin sister for the agricultural sector Convention No. 129 (adopted in 1969), Convention No. 81 is recognized as a priority Conven- tion. It has been ratifi ed by 135 countries – one of the highest rates for any international labour standard. Nonetheless, the Committee of Experts which prepared the general survey for the 2006 conference rightly insists on the need to campaign for further ratifi cations of these two Conventions – with priority going to Convention No. 129, which covers a particularly dangerous sector and has so far garnered only 43 ratifi cations. The size of the task facing labour inspectors is plain for all to see. Each year, more than 2,2 million workers (almost 6,000 a day) die as a result of work-related accidents or diseases. Work kills more people than war. The occupational deaths include 22,000 children per year who should not have been working in the fi rst place. They should have been at school. Convention No. 81 assigns three basic missions to labour inspectors: ensuring that labour legislation is applied, advising employers and workers on the most effective means of achieving that aim and drawing the authorities’ attention to abuses or shortcomings not currently covered by the law. “Conditions of work and the protection of workers while engaged in their work” are the fi elds to be covered by labour inspection, the Convention says. So while safety and health and the fi ght against forced labour or child labour are crucial issues for inspectors, they are also concerned with other matters ranging from working time to pay, maternity protection, weekly rest times, leave, equality and diversity in the workplace. And, of course, inspectorates need to be knowledgeable about freedom of association, collective bargaining rights and trade union rights in general, including the protection of trade unionists against abuse and discrimination. That too is no small matter. The annual report of the International Confederation of Free Trade Unions notes that 145 people were murdered around the world in 2004 because of their trade union activities, while in many countries, trade unionists continue to suffer imprisonment, dismissal and discrimination, and a whole battery of legislation is deployed to deprive millions of workers of their freedom of association and their collective bargaining rights. In such circumstances, it is by no means easy to get the legislation enforced. In her article, Isabelle Hoferlin of the World Confederation of Labour describes the obstacles encountered by labour inspectors in performing their duties. As she points out, they “do not always fi nd it easy” to get into the export processing zones, which are well known for their poor working conditions. In January 2004, three inspectors and a labour ministry driver were murdered in Brazil, on the orders of a big landowner, while they were inspecting an agricultural enterprise. A few months later, in September 2004, a French farmer killed two labour inspectors in cold blood. The climate of violence and insecurity sur- rounding labour inspections in a growing number of countries has, for instance, led to the creation of a working party on inspection incidents and violence against labour inspectors in Europe. A proposal to strengthen common inspection principles at the European level has been tabled. It draws on Convention No. 81, which already provides for such measures. The Convention’s Article 18 stipulates that “adequate penalties ... for obstructing labour inspectors in the performance of their duties shall be provided for by national laws or regulations and effectively enforced”.

VI Governments get the labour inspectorates they provide for. Where good governance is absent or is trampled underfoot, labour inspectorates cannot reasonably be expected to guarantee their own independence and integrity. If a government assigns low status to labour inspection, if the inspectorate is understaffed and undertrained and the inspectors’ own employment conditions are deplorable, then they will not be in a position to carry out their tasks properly. And they will easily fall prey to corruption. In which case, workers and their trade unions will tend not to trust the inspectorate, as Bjørn Erikson points out in our interview. He is the Senior Occupational Safety and Health Adviser to the Norwegian Confederation of Trade Unions (LO). “Where the labour inspections are strong and have competence and resources,” he says, “and where this is also the case for the social partners, there is in general trust in the labour inspection in the sense that they are not seen as being in the employers’ pocket.” The ILO Committee of Experts agrees, recommending governments and the international institutions to recognize “the vital contribution to development and social cohesion made by an effi cient labour inspection service” and to refl ect this priority in the resources allocated to labour inspection. But labour inspection can also be weakened if it is assigned tasks beyond its mandate, as defi ned in the ILO instruments. In some countries, for example, government orders may mean that an inspectorate spends more time keeping tabs on the unions than protecting the workers. In other countries, labour inspectors are given the task of seeking out illegal migrant workers. On this point, the Committee of Experts issued a reminder that “the primary duty of labour inspectors is to protect workers and not to enforce immigration law”. Trade unionists, labour inspectors and experts also warn against the trend towards relying on company self-regulation of working conditions and believing that corporate social responsibility is a substitute for action by the State and by public labour inspection services. There is now talk of “deregulation” and “privatization”. Can fi rms really be left to draw up for themselves the rules that they intend to abide by and then, to cap it all, be entrusted with monitoring their own compliance with their own rules? It is obvious where that would lead. So, while dysfunctions may crop up here and there which need to be remedied, we must be on our guard against any move to throw out the baby with the bathwater. The great strength of labour inspection lies in those thousands of sworn public servants, those inspectors who daily prove their commitment to decent work and their determination to get labour standards respected. To do so, they take up all sorts of challenges and overcome all sorts of obstacles, while the risks to their own safety grow. They are the “blue helmets” of social justice in the workplace. For the trade union movement, they are major, vital allies. In this issue of Labour Education, labour inspectors and ILO experts suggest possible paths towards more effi cient labour inspection. How can changes in the world of work be taken into account? How can the new challenges be taken up? How can energies be channelled into achieving maximum impact? Avoiding compartmentalization of the various inspection services, preventing the dissipation of resources, ensuring that information cir- culates better and faster, improving coordination between the different

VII ministries responsible for labour inspection, making better use of social dialogue to improve the legislation and its implementation – these are just some of the suggestions feeding into the concept of an “integrated labour inspection system”, as described by ILO expert Gerd Albracht. Labour inspection is not just a technical “tool”. It is a force for reform and a powerful means of initiating change. By demanding that it be properly resourced and that it adapt to a constantly changing world, trade unions will strengthen their own ability to defend workers’ interests. But there is one condition. Labour inspection must remain true to its initial mandate – enforcing labour standards, protecting workers and constantly improving labour law.

Jim Baker Director Bureau for Workers’ Activities (ILO)

VIII The global challenges of labour inspection

Globalization, workplace and health

A preventative approach for better health and the reduction of accidents and diseases in the workplace must be linked to labour inspection services. These services have a pivotal role in giving advice, providing information, and promoting compliance with labour standards in the workplace. As globalization unfold, strengthening labour and health inspection is now more crucial than ever for ensuring a high standard in labour protection and health promotion, thus contributing to the promotion of decent work for all and to overall economic stability.

Gerd Albracht * Coordinator Development of Labour Inspection Systems ILO InFocus Programme on Safety and Health at Work and the Environment (SafeWork) Geneva

uring the last decade, world trade has Emerging challenges of globalization Dbeen growing at a rapid pace, about 8.6 per cent per year (Woodward, 2001). Globalization has had a profound impact This has beneﬁ ted numerous people, but on the promotion of human rights, health, has also shown disadvantage to many and safety throughout the world in both others, especially concerning health and positive and negative ways. One effect is safety in the workplace. As industrialized that much of the manufacturing sector has countries have shown massive growth, moved to less developed nations, which the less developed countries have fallen often use technology that is considered even further behind as the difference in dangerous or obsolete in their production Gross Domestic Product (GDP) per capita processes. Even as globalization has led to between the 20 richest and the 20 poorest an increase in low-paid and low-skill jobs in countries grew from 18 times to 37 times unindustrialized nations, almost one-third higher from 1960 to 1995. of the eligible labour force remains unem- ployed or underemployed today. As corporations have begun to transcend national boundaries, the historic institutions such as collective bargaining and state regulatory commissions that have traditionally * A presentation to the broader topic was given maintained secure and humane working by Gerd Albracht at the 6th Global Conference on conditions have begun to deteriorate. Health Promotion, Bangkok, Thailand, 8-11 August In recent years, industry has shifted 2005. The author wishes to express his thanks to Jan Weismüller, International Consultant, and Joshua to developing countries that often have A. Seidman-Zager, Cornell University, for their help comparatively lower standards in Occupa- and comments in preparing this paper. tional Safety and Health (OSH) and Work

1 Health Promotion (WHP). Globalization States, where “affected workers experience has contributed to the alarmingly high rate a much greater work loss than those with of workplace casualties that exists today. all nonfatal injuries or illnesses – 25 days About 2.2 million work-related deaths are away from work compared with 6 in 2001”. reported on an annual basis, and the costs Additionally, downsizing has been shown of accidents at work reach 4 per cent of the to cause effects on the health and safety global GDP. In light of this, it is essential of workers. Fatal accidents increased in that worldwide health and safety standards this study after companies downsized be brought up to code as quickly as possible. their workforce in the construction and This article draws from the Report of the manufacturing sector. Good mental health World Commission on the Social Dimen- is important for both individuals and for sion of Globalization, which examines the society. At the individual level, good men- process of globalization through the eyes tal health enables people to realize their of ordinary people, drawing on extensive intellectual and emotional potential and to consultations with a broad range of actors fi nd and fulfi ll their roles in social, school in different parts of the world, and some and working life. At the society level, it is of the best available expertise on the many a resource for social cohesion, better social complex issues involved (ILO, 2004a). and economic welfare and facilitates the transition into a knowledge society. Poor mental health is a common phenomenon: a Effects of globalization signifi cant share of citizens in the European on the workplace Union (EU) – studies suggest up to 27 per cent – experience a mental health problem. Globalization affects all facets of the work- Mental health problems, a leading cause of ing world, giving rise to new forms of disability, can drastically reduce the qual- work and expanding other existing work- ity of life of the affected and their families. ing models. This phenomenon is at least The most common mental disorders in the partially to blame for a certain lurking EU are anxiety and depression. In Europe, menace to workers’ health. For example, depression is present in 4.5 per cent of the in the United States, the average number of general population every year. By the year hours worked in a year has been climbing 2020, depression is expected to be the sec- recently. The workers in the United States ond most common cause of disability in now work some of the longest hours out the developed world. of any workers in the world (1945.3 hours Mental health problems are a chal- per worker in 1994). A number of surveys lenge not only for the health sector, but conducted between 1977 and 1996 show for society as well. Beyond the implica- remarkable upsurge in the amount of work tions they hold for affected citizens and placed on workers in increasingly shorter their families, mental health problems amounts of time (Landsbergis, 2003). The impose signifi cant costs on society and increased pressure and related stress expo- its economic, educational, social, criminal sure lead to the development and spread of and justice systems. Mental disorders are work-related ailments. This phenomenon one of the top three causes of absentee- is far from new, but has been shifting from ism from work, and are a leading cause primarily physical maladies to more psy- of early retirement. It has been estimated chosocial affl ictions. This presents a clear that the economic costs of mental health and serious problem, because this sort of problems result in the loss of up to 3-4 per ailment has been shown to be more serious cent of the EU’s GDP, mainly through a than usual. According to the National In- decrease in productivity. It is important stitute for Occupational Safety and Health to remember that workers’ health is just in the United States, this has become a as fundamental in today’s demanding and huge problem all around the world. One competitive business environment as it al- of many examples are precisely the United ways has been. A close watch must be kept

2 on the increasing demands on employees action resting on the three pillars of pre- in order to avoid causing work-related vention, care and rights (ILO, 2001). health problems. Another facet of globalization is the Globalization has caused the transfer rapid growth in the number of migrant of low-skilled manufacturing and process- workers. For example, the number of Mexi- ing jobs to less developed countries. This can migrants to the United States has been is one of the major factors that has led on the rise recently. In 1970, 3 per cent of to the formation of numerous Export Mexico’s total labour force resided in the Processing Zones (EPZ), a phenomenon United States and, by 2000, this number that has developed largely in the face of had reached 16 per cent. Less developed globalization. Curbs on trade union free- nations have had a large presence of these dom, restrictions on the right to strike, an workers for quite some time, and globaliza- absence of collective bargaining – these are tion has only served to increase this trend. still all too often the rule rather than the Migrant workers may be found in various exception in EPZ. A report prepared for industries, chiefl y in construction, agricul- the ILO Governing Body in 2003 looked at ture, and manufacturing. They are often the situation in the zones. While employ- exposed to poor working conditions, and ers point out that many of the problems may be further disadvantaged by a limited cited for EPZs also arise elsewhere, and knowledge of the language and laws in that conditions in fi rms within the zones their host country. The ILO report on mi- are often better than those outside, the re- grant workers describes safety and health port nonetheless emphasized that working issues as a major concern as these workers conditions and worker health and safety may be involved in hazardous and risky remained a major concern in the zones of jobs. Language barriers, exposure to new some countries. technology, family disruption, poor access The EPZ represents a special case of to health care, and stress and violence are the effects of globalization on the work- the specifi c problems faced by migrant place and health. It has been linked to the workers, leading to higher vulnerability frequent incidence of high stress levels to safety and health risks at the workplace among workers, and exposed them to haz- (ILO, 2004b). For example, in Southern ardous labour conditions. The workers in Africa there have been a multitude of these zones often develop health problems, unreported cases of serious respiratory such as cardiovascular, reproductive, and disorders among miners that were most psychosocial disorders, from these atro- likely developed on the job. cious conditions. Additionally, workers As globalization continues to grow, the in EPZs are often housed in incredibly sort of economic and trade policies that unsanitary conditions, in which sexually are developed tend to encourage certain transmitted infections such as HIV/AIDS trends. As production spreads throughout are prevalent. The ILO recently introduced the world, trade barriers are beginning to a handbook for labour and factory inspec- fall, and manufacturing centres are start- tors to deal with the issue of HIV/AIDS ing to spring up in many less developed in their work. HIV/AIDS has a profound nations, often leading to lower health and impact on the workplace as it can hinder safety standards in the workplace. This is production, raise costs, and create many partially caused by the labour surplus that other problems. On this issue, the ILO nearly always exists in less developed na- has published another handbook, which tions and by the related growth in the un- aims to establish effective communication covered labour market. As many workers between workers and employers in the cannot fi nd traditional employment, they hopes of preventing the spread of the ill- are forced into the unenviable position of ness, and dealing with the consequences taking jobs that are wrought with hazard of its presence. The ILO Code of Practice due to the lack of enforcement of labour on HIV/AIDS provides a framework for laws (Portes, 1994).

3 Safety and health as a basic human national standards to migrant workers. right: Legal framework While government has the responsibility to adopt standards, labour inspectors play One of the fundamental tenets of new eco- an essential part in promoting compliance nomic reality is the desire for the lowest with them, including for migrant workers. possible costs of production. The cost of The inspectors monitor conditions of work, capital is generally lower in places where and present a forum in which the workers worker health is a secondary issue, and may seek help. The inspectors also ﬁ ll a OSH rules are often overlooked. According crucial gap in the ﬁ eld, as migrant workers to some, the rise in globalization and the are often regulated poorly by the national spread of capital to unindustrialized na- government. tions will lead to a “race to the bottom” in labour standards (Singh/Zammit, 2004). There is much support in the inter- Holistic approaches for OSH and WHP national community for the formation of worldwide versions of national regulatory Globalization requires increasingly inte- agencies that will establish minimum grated and holistic approaches, taking into standards of workplace safety and health, account the changes in the world of work and national inspectorates to monitor and and the advent of new risks and oppor- enforce them. This support rallies around tunities merging the traditional technical the focal point of the ILO’s core labour and medical with the social, psychologi- standards, one of the furthest reaching cal, economical and legal areas. To protect international accords working towards se- and enhance the health of people in the curing decent working conditions as a basic workplace in the worldwide economy, human right. These core standards include practical strategies have to be worked out freedom of association and collective bar- to make decent work become reality. A gaining, freedom from forced labour and mainstay of the mutual efforts is based discrimination, and the abolition of child upon the understanding that a preventive labour. The ILO tripartite declaration of safety and health culture at the workplace principles concerning multinational enter- has to be developed so as to promote a prises and social policy requires common sustainable decrease of occupational ac- standards across all branches of multina- cidents and diseases. tional enterprises. The code of practice on To achieve the goals of the core labour safety, health, and working conditions in standards, we must utilize a three-pillar the transfer of technology to developing strategy. The three key aspects of this nations requires technology-exporting strategy are national and international states to inform importing states about organizations such as the ILO and the hazardous chemicals or technologies. WHO, corporations, and public-private There are several international Conven- partnerships. The tripartite decision- tions on migration and migrant workers. making process within the national and For example, in 2004, the International La- international organizations has three bour Conference proposed the elaboration constituents – government, employer, and of an “ILO Multilateral Framework on La- worker representatives – and serves to bour Migration” containing non-binding give counsel with regard to global policy. principles and guidelines for a rights-based Labour inspection plays an important role approach to labour migration. Equal treat- within these organizations, acting as the ment between migrant workers and nation- enforcers of the guidelines set in place by als and respect for the basic human rights them. Much of the responsibility for pro- of all migrant workers, as enshrined in ILO moting a health in the workplace lies with Conventions Nos. 97 and 143, are central to the companies themselves. The promotion this approach. The ILO framework encour- of a healthy workplace must be pursued ages the use of labour inspection to apply from within the company as well.

4 Networks and institutions and international level. It also supports the idea that health should be an integral part To realize effective WHP and OSH, we of every major development, including the must promote the core labour standards workplace. The charter reads, “Changing on a broad scale. The fi rst mainstay of the patterns of life, work and leisure have a three-pillar strategy is the use of national signifi cant impact on health. The way so- and international networks and institu- ciety organizes work should help create a tions. National and international organ- healthy society”. This clearly implies that izations have the power to develop and the health and safety of workers should promote policy throughout the world, not take a backseat to the drive for higher shaping the workplace into a healthy profi ts in the rapidly growing global environment in the face of globalization. economy. While this programme has The ILO as a tripartite decision-making done much to further the development of body is a perfect example of this idea. The European Health Promotion, a study by ILO has an excellent record in develop- Ziglio, Hagard, and Griffi ths (2000) found ing and promoting international policy that the programme could be taken even regarding labour standards. For example, further. The major hitch in the current 134 countries have ratifi ed the ILO Labour system is that it does not have suffi cient Inspection Convention, 1947 (No. 81), muscle to tackle any signifi cant problems. which calls for labour inspectors to play a The authors call for the implementation preventive role in the workplace in terms of programmes that are ingrained in both of health and safety. It also calls for work- the administrative and commercial sectors ers and employers to cooperate to improve of nation rather than isolated or ignored. health and safety in the workplace. This All of this ties in to the overall idea that Convention was put into effect with great health must be kept in the line of sight of success in Luxembourg in 2002. An ILO policy-makers, corporations, and the inter- Tripartite Audit was performed, and the national community in the face of constant Luxembourg government used the recom- development. mendations given to reorganize its labour inspectorate. This illustrates the profound impact that the ILO and other policy-mak- International framework agreements ing organizations has on health and safety in the workplace. This also emphasizes the Corporations, as the physical site of the need for the widespread implementation of workplace, hold an extraordinary amount integrated labour inspection systems on a of infl uence over worker health and safety. national and international level. As a holis- Corporate social responsibility (CSR) has tic approach, it provides coordination and grown in importance in recent years, re- direction to the efforts of various parties to ceiving much attention from the academic improve conditions in the workplace. world (Zimmer/Rühl, 2005), even if this Another good example is the Ottawa notion remains to be clarifi ed. Corpora- Charter, drafted in 1986. This charter out- tions have begun to undertake simultane- lines the key developments that must be ous operations in economic growth, envi- taken to promote health and establishes ronmental protection, and social equity in that health is a major concern, and must be business planning and decision making kept in mind when considering develop- in order to appeal to the interests of all of ment initiatives in any fi eld. The charter, their stakeholders. which serves also as a basis for the Euro- In the 1970s, international organiza- pean Union process of enlargement, looks tions, including the ILO and the United to implement changes and programmes Nations, made an effort to introduce with regard to cultural and economic dif- international codes of conduct but were ferences, and to promote total support for ultimately not successful. Fortunately, the healthcare initiatives on a local, national interest in the social dimension of business

5 had increased again during the course of social responsibility, including in the fi eld the 1990s. These days, social responsibil- of safety and health. ity initiatives are primarily the result of actions by consumer groups and other non-governmental organizations, as well Public-private partnerships as by Global Union Federations, known as GUFs and covering trade unions in the Effective promotion of worldwide health various sectors of industry and services. and safety standards in the face of glo- Indeed, international labour standards, balization requires the permeation of in- including those concerning safety and formation on an international level. This health at the workplace, are cited more fre- must be accomplished on an intermediary quently within international framework level between government and corporate agreements (IFA) between multinationals interests. For this, we must look to public- and GUFs than in any other initiatives on private partnerships (PPP), which have corporate social responsibility, according undertaken many successful campaigns to an information note on corporate social in the past to overcome dangers present responsibility discussed by the ILO Gov- in the workplace. There are many dangers erning Body in 2003. inherent in work that could be reduced or Even if the framework agreements are eliminated with the promotion of a pre- not, strictly speaking, part of the corpo- vention culture through education. rate social responsibility concept, they The ILO and WHO participate in a are often mentioned in this context. An- number of PPPs. These coalitions transcend other interesting aspect of the framework national boundaries and bring together at agreements, the note emphasized, is their least two parties, a corporation (or indus- follow-up procedures for verifi cation, try association) and an intergovernmental dialogue and, if necessary, complaints. Be- organization. The proliferation of PPPs has tween 1999 and 2006, some 40 framework expanded greatly in recent years, and is agreements have been signed. Apart from rapidly reconfi guring the landscape of the eight core Conventions of the ILO, international safety and health. Several the framework agreements also often cite factors have caused this trend. There are Convention No. 135 on protection and generic factors, such as market failure in facilities to be afforded to workers’ rep- special research product development resentatives in the enterprise. In addition, and a lack of high safety standards. These the company party to an IFA should often partnerships demonstrate exciting new agree to offer decent wages and working possibilities for tackling problems that conditions as well as to provide a safe and formerly seemed intractable, including healthy working environment. Further- research and development on drugs and more, there is a general agreement that vaccines for diseases that disproportion- suppliers must be persuaded to comply ately affect the poor. PPPs have been able and, fi nally, the IFA includes trade unions to promote sustainable practices by show- in the implementation. On the other hand, ing that these goals are achievable along the codes of conduct adopted by multina- with fi nancial gain. Industry incentives tional enterprises rarely make reference to for the development of safer and healthier the core international labour standards. products are being generated and, with an In fact, the ILO note said, some of them improved image, the commercial sector “even contain language that could be in- may be able to attract new investors and terpreted as undermining international establish new markets. labour standards”. The OECD Guidelines The ILO started a successful PPP in for Multinational Enterprises and the ILO 2004 in cooperation with Volkswagen AG Declaration on Multinational Enterprises and Gesellschaft für technische Zusam- and Social Policy also remain important menarbeit (GTZ: German Technical Co- mechanisms in the context of corporate operation Agency). The German Federal

6 Ministry for Economic Cooperation and training modules, the training of national Development sponsored the project out labour inspection trainers, the setting up of their poverty-reduction programme. All of a competency network, and the develop- relevant steps were discussed and decided ment of international guidelines on supply in a tripartite steering committee. They chain management. agreed upon a Declaration on Social Rights and Industrial Relationships including the affi rmation to assure the principles of core Conclusion labour standards within the company and throughout their supply chain. The overall What must be established and agreed upon objective of the project is to establish and are fair rules for international trade, invest- implement a national SafeWork action ment, fi nance, and the movement of people, programme in three countries, based on which take differing needs and capabilities ILO standards, focusing on occupational into account. This requires an intensifi ed health and safety and the pilot implemen- dialogue process at all levels, bringing the tation of a prevention culture at enterprise key actors together to work out methods for level in each partner country. handling major global issues and putting By establishing a health and safety them into practice. Fair globalization also prevention culture, the economic losses calls for more emphasis on a national level, caused by accidents, incidents, early re- for improved governance, an integrated tirement, or sickness benefi ts could be economic and social agenda, and policy signifi cantly decreased. These unspent coherence among global institutions. After budgetary funds could then be invested all, globalization is an important issue for to increase the enterprises performances every worker. Along these lines, national and create new jobs, allowing the poor policy-makers should use the available to be able to escape the vicious cycle of resources of corporations, national and poverty in the long run. Numerous studies international networks and institutions, have shown that health promotion saves and the combination of the two in the money on medical costs in the long run form of PPPs to strengthen the capacities of (Kreis 2004). Policy makers, labour inspec- every company, institution and, most im- tors as well as health and safety experts, portantly, the well-being of each and every all play an important role in the preven- worker. These measures have been identi- tion process and the initiation of a shift fi ed as useful tools to promote and secure from short-term profi ts towards long-term employees’ health, workplace security, and investments in safety and health. investment in a preventative culture. A pre- Establishing and implementing a cul- ventive approach for better health and the ture based on health and safety preven- reduction of accidents and diseases in the tion at the national level requires the active workplace must be linked to labour inspec- participation of the labour inspectorates. tion services. These services have a pivotal Labour inspectors are the only state en- role in giving advice, providing informa- forcement agents that have access to all tion, and promoting compliance with core of the enterprises necessary to transmit labour standards in the workplace. Labour health and safety messages in an effec- inspectors are the controlling authority for tive manner. Therefore, it is crucial to OSH and many work-related activities. The increase the labour inspectorates’ capaci- effects of globalization have changed the ties in terms of organizational structure, role of labour inspectors who now perform frequency and quality of inspections, the roles of facilitation, advising and net- knowledge on its advisory role, compe- working. Strengthening labour and health tency, etc., in a sustainable approach. This inspection is crucial for ensuring a high shall be achieved through a range of pro- standard in labour protection and health posed activities, such as policy analysis promotion, thus contributing to overall and policy reform, the development of economic stability.

7 Bibliography and D. Campbell, eds. International Labour Standards and Economic Interdependence. Ge- ILO. 2004. A Fair Globalization: Creating Opportunities neva: International Institute for Labour Studies, for All, Report of the World Commission on the pp. 163-168. Social Dimension of Globalization, International Singh, A.; Zammit, A. 2004. “Labour standards and Labour Offi ce, Geneva. the race to the bottom: Rethinking globalization and workers’ rights from developmental and ILO. 2004. Towards a fair deal for migrant workers in the solidaristic perspectives. ESRC Centre for Busi- global economy, International Labour Conference, ness Research, University of Cambridge, Work- Report IV, Geneva. ing Paper No. 279. ILO. 2001. An ILO Code of practice on HIV/AIDS and Woodward, D., Drager, N., Beaglehole, R., Lipson, the world of work, Geneva, 2001. D. 2001. Globalization and health: A framework for Kreis, J., Bödeker, W. 2004. Health-Related and Eco- analysis and action. World Health Organization, nomic Benefi ts of Workplace Health Promotion Geneva, 2001, p. 876. http://www.who.int/docs- and Prevention. Initiative Gesundheit & Ar- tore/bulletin/pdf/2001/issue9/bu1329.pdf . beit, BKK Bundesverband, Dresden, 2004. Re- Ziglio, E., Hagard, S., Griffi ths, J. 2000. “Health pro- port 3e., 28. motion development in Europe: Achievements Landsbergis, Paul A. 2003. “The changing organi- and challenges, Health Promotion International, zation of work and safety and health of work- Oxford University Press, 2000. http://heapro. ing people: A commentary”, in Journal of Occu- oxfordjournals.org/cgi/reprint/15/2/143 . pational and Environmental Medicine, New York, Zimmer, S.; Rühl R. 2005. “Autorisierte Branchen- 45 (1), p. 63. regelungen: Nutzung freiwilliger Selbstreguli- Portes, A. 1994. “By-passing the rules: The dialec- erungen für den Arbeitsschutz”, paper presented tics of labour standards and informalization in at the World Congress on Safety and Health at less developed countries”, in: W. Sengenberger Work, Orlando, 2005.

8 Shared interests: Unions and labour inspection

What at titude should workers and their unions take to labour inspection? We asked somebody who has seen the issue from all sides. Bjørn Erikson, Senior Occupational Safety and Health Adviser to the Norwegian Confederation of Trade Unions (LO), has been a trade union industrial hygienist for most of the past 25 years. But he has also worked as a labour inspector, a teacher, a research chemist, a seafearer, a fisher and the Environmental Director of the Norwegian Railways. And to fill in time between all of those, he did “other odd jobs for short spells”. He also brings an international perspective to the question. For some years, he chaired the Global Unions 1 Occupational Health, Safety and Environment Working Party.

Bjørn Erikson Senior Occupational Safety and Health Adviser Norwegian Confederation of Trade Unions (LO) Interviewed by Ian Graham

Labour Education: The ILO advocates an Inte- tablishes formal cooperation between the grated Labour Inspection System (ILIS). What various ministries involved. does that expression mean to you, and what are So, from a trade union perspective, it the advantages of an ILIS for workers and their makes for less bureaucracy when you need trade unions? to ﬁ nd the solution to a problem – for instance, how to include occupational safety Bjørn Erikson: The problem with the term and health (OSH) in the curriculum for ILIS is that it is currently understood in vari- vocational training, or how to improve the ous different ways. It can imply that the “in- health care system so as to discover and tegration” is between different geographi- treat occupational diseases in a better and cal levels of the labour inspection system more efﬁ cient way. (central and regional) or between different The main possible disadvantage is that specialized branches of the inspectorate, responsibility and focus might be diluted. so that organizational, psychosocial and This could, amongst other things, lead to industrial hygiene issues are all taken into making the workplace the arena for each account during inspections and throughout and every “good cause”, such as more the process. Or else it can mean integration physical exercise, healthier food and so on, between different parts of the government so that the focus on OSH as such is lost. – the Ministry of Labour, Ministry of So- Unfortunately, ILIS as a concept seems cial Affairs, Ministry of Health, Ministry of to have been created through a top-down Education, Ministry of Justice etc. process. I understand the term in this last sense. On that basis, I think the advantage of ILIS So how can tripartism help to strengthen ILIS? is that it makes it possible to see the con- nection between different aspects of the Tripartism is certainly vital for promoting world of work. It also makes it easier for ILIS, too. Through the tripartite mecha- the authorities to take action, since it es- nism, three things can be achieved. First,

9 it creates ownership amongst the par- tion, work out strategies and so on, but of ticipants, which is a prerequisite for the course there might be differences of opin- follow-up and the conversion of ideas into ion and different priorities. On the other concrete activities and measures. Second, hand, it is important that there is mutual it gives all three parties an opportunity to respect for the different roles and tasks of contribute to the process, so as to have the trade unions and labour inspectors. We, best result possible. Last but not least, it as trade unions, have a duty to defend the creates an understanding of why certain workers’ interests, raise standards in the issues or aspects have to be left out, since workplace, improve legislation, improve there is no agreement on them, while nev- compensation for occupational accidents ertheless there is a common understand- and diseases and defend all our gains ing of the main goal and how to reach it. against attacks by the employers. So rather than keeping labour inspectorates at arm’s In your international contacts, have you noticed length, we should try to keep them in the differences in trade union attitudes to labour palm of our hand! inspection in various parts of the world? If so, what are the main differences? Should labour inspection have a role in promoting appropriate legislation? If so, how should It’s hard to assess how the attitude of trade that role be structured? unions to labour inspectors differs around the world. In general, I have the feeling Of course the labour inspection has a role that the expectations and attitudes are dif- in promoting appropriate legislation. Their ferent mostly depending on whether there role should be to analyse the situation, point is a competent and efﬁ cient labour inspec- to the consequences of present legislation tion system or not. If the labour inspection and practices and their weaknesses and authorities are understaffed and weak, the suggest what improvements are needed. trade unions will tend to trust them less. In those cases, organized labour sometimes Can labour inspection in the industrialized tries to establish an alternative trade union countries be improved? If so, how? inspection or surveillance system. This might cause problems – for the authorities Almost everything can be improved, and as well as enterprises and trade unions. labour inspections in industrialized coun- Where the labour inspections are strong tries are no exception. The best way to do and have competence and resources, and this is to raise the issue with the social where this is also the case for the social partners and have a thorough discussion partners, there is in general trust in the based on facts and views from the three labour inspection, in the sense that they parties so as to have cooperation and are not seen as being in the employers’ achieve synergies. pocket. On the other hand, where the labour inspection system is strong, unions But synergies are built on shared interests. will often feel that inspections are not Workers and their unions have an obvious inter- frequent enough. In that case, they will est in an effective inspectorate. But what about push for the number of inspections to in- the employers? How do you convince them of crease. Strong labour inspections are also the need for stronger labour inspection? expected to be more active in improving workplace legislation and standards. It’s true that shared interest is an excellent base for reaching agreement. There What should be trade unions’ relationship with are some philanthropists amongst the labour inspectors? A close one? Arm’s length? employers too, but not enough to form a basis for action! I don’t believe in chang- The attitude should be one of cooperation ing human nature so that we all become when working together to improve legisla- philanthropists, but rather in creating the

10 conditions that make it advantageous to do be a process involving also the social part- the right thing. In case of need, there must ners, so that their capacity and competence be a big stick ready to hand. are also built up. The role of trade unions Business is – with good reason – con- should be to take part in the process, but cerned about unfair competition. If that also to engage actively in the political unfair competition is caused by irrespon- processes and put pressure on the politi- sible enterprises neglecting to take OSH cians, so as to ensure that they follow up seriously and not making the necessary the process. There are also other ways of investments in OSH, it hurts those em- helping these countries, and trade unions ployers who do take it seriously. So that in industrialized countries could, for ex- should form a good basis for cooperation. ample, support and assist trade unions in This requires a strong and effi cient labour developing countries and pass on informa- inspectorate that follows up on the OSH tion about how they have solved problems regulations and ensures that they’re imple- in their own country. However, in general mented. The big stick is the fast and force- the resources to do this are lacking. ful intervention of the labour inspectorate whenever OSH standards are breached. So where should the extra resources come from? I would like to emphasize that, in the The industrialized country unions? Offi cial long run, investment in creating a good development assistance? working environment and applying OSH regulations is a must for a company that The money should come above all from wants any kind of a future in the industri- offi cial development assistance, and it alized countries. First, because it has been should be distributed mainly through shown that a good working environment international democratic bodies like the pays off in the long run for many compa- ILO. Regrettably, there is an increasing ten- nies, and it also helps to build confi dence dency to have more bilateral agreements in and trust amongst customers and inves- fi nancing such projects. This makes it more tors, as well as to increase productivity. diffi cult to give help where it is needed Secondly, it might also be needed in order most, and it becomes impossible to make to attract qualifi ed workers. So if a com- long-term plans for more holistic solutions. pany doesn’t take the job of creating a There is also a danger that the money may good working environment seriously, and come with strings attached, in terms of how doesn’t comply with OSH regulations, it’s it can be spent, or that it’s not used in a fair going to be a short-lived player. way, involving both the social partners and the labour inspectorates or governments. The countries with the worst workplace condi- Finally, there are lot of examples of rich in- tions are often those with the fewest resources dustrialized countries that have used such to put into labour inspection. They also have contributions to gain political infl uence in specifi c problems such as child labour and the other countries. Modern imperialism uses informal sector. How can the international money – not weapons. community help to improve labour inspection The responsibility of trade unions in in such countries, and what should be the trade industrialized countries should be to unions’ role? press governments and relevant international bodies to make the necessary Resources are indeed limited, including at funding available. They should also con- the global level. So it’s important to use tribute time and human resources to such those resources where the impact will projects, especially by assisting and shar- be most noticeable. To achieve this, there ing experience with trade unions in the needs to be a commitment and willingness receiving countries. from the government to give priority to building and/or strengthening the system The tasks assigned to labour inspectors, and and its infrastructure. There should then the relative importance given to those tasks,

11 Public-private inspections? Ian Graham “Government’s role is to ensure basic standards are being enforced, but not necessarily to enforce them themselves.” That notion is “now commonly accepted in the developed world, but not necessarily in developing countries.” So, at least, said the flyer for a conference held in June 2005 to “explore” alternatives to publicly run inspections. Brought together in Washington by the World Bank’s International Finance Corporation (IFC), the explorers did not set out with a blank map. Even the advance publicity took a robust line: “Some inspections are not needed, impose an unnecessary regulatory burden on firms, and should be abolished. Others are vital, and if properly done, government-run inspections on firms’ compliance with labour, fire, worker safety, environmental, and other standards promote accountability and transparency. But too often, especially in the developing world, they impose serious burdens on business.” The IFC’s Foreign Investment Advisory Service feels qualified to give an opinion on this, as it has already “successfully advised many governments on inspection reform, focusing on removing unnecessary inspections and on streamlining inspection systems”. While government will wish to conduct its own inspections in some cases (“e.g. where there are national security issues or other public goods issues”), in many others, “public-private collaboration presents opportunities for achieving better and more comprehensive enforcement”. Such collaboration is an “apparently more effective solution than privatized inspections, because (1) transparency in these public-private collaborations leads to greater credibility and market signalling and (2) shared governance structures lead to greater credibility and greater government acceptance”. In short, the question is where public inspection ends and Corporate Social Responsibility (CSR) begins.Your views on that will depend on what you think of CSR. To date, unions’ experience of that fashionable concept has been mixed.1 And of course, even if the Bank admits that outright privatization of inspections is a bad idea, it does not necessarily follow that public-private inspections are a good one. That said, a case can be made, and the IFC brought together a sufficiently wide range of views to ensure that the debate was a real one. Participants included unions and the ILO, as well as companies and NGOs. Some of the inputs can be read on a special web page.2 They include the main conference background report, which the IFC commissioned from the perhaps not wholly neutral consultants Jacobs & Associates (“Regulatory reform is our core business”). This paper’s enthusiasm for “alternative inspection approaches” caused some raised eyebrows before and after the conference. But the online version, the fruit of several drafts, carries a World Bank disclaimer: “Responsibility for the facts and conclusions lies wholly with Jacobs & Associates Inc.”

vary from country to country. Do you have any The global “race to the bottom” is a se- views on the proper order of priorities for labour rious threat to the safety and health of inspection? For example, should occupational workers in industrialized countries as health and safety be the main concern? well as in developing counties. It also hinders, and might even prevent, a I regard OSH as the ﬁ rst priority for labour much-needed raising of OSH standards inspectors in all countries. That means that in developing countries. The trade union they should ensure proper OSH legislation goal is that globalization should not ruin and implementation as well as informa- the standards in industrialized countries tion and guidance to the social partners or prevent further OSH improvements about OSH issues. there, but should raise the standards in developing countries to the same level as A major trade union concern these days is in industrialized countries. The role of to ﬁ ght against a global “race to the bottom” the labour inspectors should be both to in terms of pay and conditions. Does labour continue to base their work on the high inspection have a part to play in that? standards that prevailed before “the race

12 “Assurance” (the monitoring of implementation) was one conference theme. Among the examples highlighted under that heading was an ILO collaborative initiative in the Cambodian garment industry. Another hot topic was employer “self-evaluation”, with government speakers from the Phil- ippines and the US self-evaluating their own particular schemes. In the US corner was Cathy Ol- iver, Director of the Office of Partnerships and Recognition at the Occupational Safety and Health Administration (OSHA). She reviewed OSHA’s voluntary compliance programmes. Among these are the Voluntary Protection Programs (VPP), for which her slide show proudly claims 1,302 workplaces covered (as of June 20, 2005); over half a million employees covered; in 2002, injury rates 54% below the participants’ industry averages, with 5,876 lost workday cases avoided; lower costs and higher profitability. It sounds impressive – but a report by the official US audit office GAO in 2004 was very cau- tious. It noted that OSHA’s voluntary compliance programmes had reduced injuries and illnesses and yielded other benefits “according to participants, OSHA officials, and occupational safety and health specialists”, but “much of the information on programme success was anecdotal, and OSHA’s own evaluation of programme activities and impact has been limited to date. OSHA currently does not collect complete, comparable data that would enable a full evaluation of the effectiveness of its voluntary compliance programmes.”3 None of which has stopped the VPP from becoming an export item. Under “VPP International Activity”, Oliver listed Canada, China, both parts of Ireland, Mexico and ... the Netherlands. That the VPP missionaries should have gone Dutch is not as surprising as it might have been just a few years ago. In October 2005, the Dutch employment minister announced that he would be restrict- ing the country’s workplace regulations to the EU minimum wherever possible.4 He also wanted a “redistribution of responsibilities between the authorities, the employers and the employees”. And he knows who should get what: “Employees must not treat safety lightly, and they bear a high degree of responsibility of their own and employers should draw their attention to that. I intend to structure the relevant legal provisions in such a way as to make clearer the responsibilities of employers, such as giving instructions and supervising compliance with them, and of the employees, such as abiding by the employer’s instructions.” So workplace safety is up to the workers, and workplace accidents are down to the workers? We could get back to that stage all too quickly if regulations are cut and inspections are privatized in whole or part. Trade unions and the ILO are firmly opposed to that route. 1 For detailed coverage of this issue, see Labour Education 2003/1, No. 130 – Corporate social responsibility: Myth or reality? 2 www.ifc.org/ifcext/economics.nsf/Content/CSR-ConferencePublicSectorInspections 3 www. gao.gov/new.items/d04378.pdf 4 Letter from H.A.L. van Hoof, Secretary of State for Social Affairs and Employ- ment, to the Chair of the Second Chamber of the States-General (Dutch Parliament), 4 Oct. 2005. http://docs. szw.nl/pdf/34/2005/34_2005_3_8063.pdf

to the bottom”, and to point out clearly In addition we should contribute to a better any possible negative effect on OSH that understanding at all levels, especially at might occur because of that race. the enterprise level, of the need to respect the work and role of labour inspectors. But in some countries, labour inspectors are increasingly subject to violence – up to and in- Are the ILO standards on labour inspection cluding murder. What can be done to counter adequate? What, from a trade union point of that trend? view, could be done to strengthen their content and their application? Ending this deplorable violence against labour inspectors is ﬁ rst and foremost a Of course the ILO standards could also be responsibility of governments. As trade improved, but the main problem around unions, we must protest against such the world is not so much insufﬁ cient ILO violence and put pressure on our govern- standards as the lack of resources avail- ments and politicians so as to secure the able at the national level for the labour health and safety of the labour inspectors. inspectors.

13 There have been suggestions that labour in- on publicly agreed terms and priorities, spection could be privatized or subcontracted. taking into account where their attention What do you think of that idea? is most needed in order to protect workers’ safety and health – nothing else! I don’t think anything of it at all! To pri- vatize or subcontract labour inspection would be a terrible mistake, in fact a disas- Note ter. Workers and trade unions need strong, 1 independent and competent labour inspec- Increasingly, the name “Global Unions” is being used for the major institutions of the inter- tion systems staffed by public employees, national trade union movement. Global Unions with a public service ethic, who can be comprises: the International Confederation of Free trusted to have no private interests in the Trade Unions (ICFTU), which represents most na- outcome of inspections. Effective labour tional trade union centres; the ten Global Union Fed- erations (GUFs), the international representatives of inspections cannot be conducted under unions organizing in speciﬁ c industry sectors or oc- a system that is dependent on inspection cupational groups; and the Trade Union Advisory fees. The inspectors’ work should be based Committee (TUAC) to the OECD.

14 Labour inspection and the informal economy

This article aims to provide a practical account of the labour inspectorate role within the informal economy. It starts by examining the concept of labour inspection and the standards that the inspectorates have to monitor. It then explains the notion of the informal economy, describing the various situations in which informal enterprises and workers find themselves and how these relate to labour standards. Next, it looks at how labour inspectorates fulfil their roles in various informal labour situations. Finally, there is an analysis of the problems that the informal economy poses for labour inspection, and an observation of the trends.

José Luis Daza Specialist in Labour Administration Social Dialogue, Labour Law and Labour Administration Department (ILO)

s an institution, labour inspection has tion and an administrative system, rather Athe mission of monitoring compliance than simply as an administrative body. with labour standards. Labour inspection The diversity and coverage of labour operates as a part of labour administration. standards makes it diffi cult to apprehend Its role is usually identifi ed with specifi c their full scope but, viewed broadly, they services within labour ministries, and is cover work relationships, pay, working personifi ed by labour inspectors. Labour conditions, occupational safety and health, inspection activity is exercised within industrial relations, social security, employ- workplaces, by which is meant those ment and vocational training. Bearing in economic units in which there are labour mind that each country organizes its pub- relations – in other words, where a natural lic administration in its own way, it is also or a legal person employs others. sometimes diffi cult to gain an exact picture of what labour inspection is, which bodies are part of it, what its precise functions Labour inspection are, what its sphere of action is, how far its and labour standards purview extends and what its powers are.

Labour standards are a broad and complex ﬁ eld, usually embodied in a number Enterprises and workers of different legal texts of varying content. in the informal economy The monitoring of these norms may be assigned to one single administrative body, or The term “informal economy” is widely shared across various sections of a labour used, but in some countries it was adopted ministry, or even in some cases, distrib- very recently and not all use it in quite uted across several specialized ministries the same sense. Its connotations and nu- and public agencies. Thus, this paper looks ances may also vary from one language at labour standards as a very broad whole to another. Ask what the informal sector and analyses labour inspection as a func- is, and who the informal workers are, and

15 you will frequently receive answers that deliberate decision to not comply with describe either particular situations or the standards in order to avoid costs. In muddled amalgams of various situations this regard, the 2002 International Labour that are often ill-defi ned and have few Conference recognized that the law itself characteristics in common. “discourages compliance because it is In 2002, the International Labour Con- inappropriate, burdensome, or imposes ference noted that although there is “no excessive costs”. In these situations, many universally accurate or accepted descrip- countries use the term “illegality”. tion or defi nition” of the term informal There are also situations not suffi ciently economy, it may be taken to refer to “all eco- taken into account by formal systems. For nomic activities by workers and economic instance, there are cases where working units that are – in law or in practice – not conditions are regulated but social secu- covered, or insuffi ciently covered, by for- rity is not. This situation is usually due mal arrangements. Their activities are not to the poor development of social security included in the law, which means that they institutions, and is generally linked to the are operating outside the formal reach of presumption, or the reality, that those sub- the law; or they are not covered in practice, ject to the system, or who are supposed to which means that – although they are op- be protected by it, are unable to pay contri- erating within the formal reach of the law, butions. Here too, the term “informality” the law is not applied or not enforced…” may be properly applied, as indeed it may (Conclusions concerning decent work and to the converse situation in which a group the informal economy, paragraph 3). of enterprises or workers is included in a This concept of the informal economy compulsory social security system but covers two completely different situ- excluded from the regulation of working ations: conditions. Not all the formalities with which en- ⅙ In the fi rst case, the informality is due terprises are required to comply have to to the lack of a formal reference point: do with labour law, and not all the rights there is no applicable labour standard, demanded by informal economy work- and thus there are no obligations to be ers concern labour rights or elements of fulfi lled, nor any rights to be respected social protection. If the requirements are or demanded. imposed by law, and compliance with ⅙ In the second case, the informality is them is the essence of formality, then due to non-conformity with a legal informality may appear to be a negative reference point: applicable labour phenomenon – a matter of not being or standards do exist, but are completely not doing. Achieving a working concept of or partially fl outed. Obligations are not “labour informality”, so that it could serve met and rights are not recognized. as a reference point for action by a national labour administration, entails looking at Although the consequences for workers a country’s labour standards as a whole in each of these cases may seem to be the and identifying precisely which types of same, their origins are different. In the enterprise and worker fall within their fi rst case, when there is no standard ap- scope and which do not. Even though il- plicable to a certain situation, the cause is legality is the opposite of legality, and for- the lack of legal provisions covering that mality may be synonymous with legality, situation or of a specifi c legal exclusion. In illegality cannot always be equated with such situations, it is entirely appropriate to informality. speak of “informality”. There are many national variations The cause of the second situation – non- in this distinction between informality compliance – may be ignorance, as the and illegality. Linguistic nuances are content or even the existence of standards important, as they often point to differ- may not be known. But it may also be a ent perceptions of similar phenomena

16 by different societies. For instance, it is quently found in domestic work, home usually said in developing countries that work, rural work, and in micro- and small- labour legislation is “not applied” in the scale enterprises. informal sector, whereas in the developed Domestic work (employees in the countries, it is more commonly said to be home). The sector of domestic work “not complied with”. In contexts where (employees in the home) is recognized as the majority of the population live within problematic worldwide and one in which traditional frameworks and the social women undoubtedly make up the major- rules do not correspond to the legal rules, ity of the workforce. Only a few countries of which they may simply be unaware, are without any regulatory framework informal productive activities or units are whatsoever and in fact, many have spe- not usually termed “illegal”. But in more cial labour regulations and social secu- developed countries, activities that are re- rity schemes for domestic workers. These garded, in juridical terms, as illegal as they special labour regulations involve many do not comply with certain legal require- exceptions to the general legislation, as ments or they violate some standards, regards pay (the option of counting board may be popularly called “informal”. The and lodging as part of the wage), daily terms applied to the informal economy working hours and rest periods (compul- are not always the same, but in Europe, sory attendance times, standby, restric- when work or employment is concerned, tions on leaving the premises, calculation terms such as “black economy”, “hidden of night work, etc.) and termination of em- employment”, “clandestine labour” and ployment (broad defi nition of “just cause” “undeclared labour” come up. The term and lower indemnity entitlements). The most used to describe the labour impact, applicable social security provisions are at least offi cially in European Union docu- usually based on reduced contributions ments, is “undeclared labour”. and lower coverage. One of the main characteristics of infor- The labour inspectorate conducts only mal activities in the developed countries is limited checks in this sector. As employ- that they are hidden or clandestine. The ment within a family is not regarded as most prominent effect of this cover-up is an entrepreneurial activity, business reg- that workers are not registered for social istration is not required for the hiring of security, and contributions are not paid. domestic workers. Taxation is diffi cult as These situations sometimes go unnoticed the inspection services do not generally when those affected remain invisible, as in have the legal right to enter private homes the case of enterprises where most workers in order to make checks. are declared but a few are undeclared, or Homeworking. In most countries, camoufl aged as self-employed, or as em- home work is covered by regulations ployees of another enterprise. similar to those for any other labour relationship, except as regards working times and breaks, as the employer has no means Labour inspection of controlling these. As far as pay is con- and labour informality cerned, piece rates are very common, and in some cases the wage received may be Activities in which the law below the legal minimum. General social is not applied or not complied security schemes are usually also applica- with in practice ble to home workers. Labour inspectorates fi nd it diffi cult to Setting aside the issue of undeclared la- check on home work, which in many cases is bour and bearing in mind the different hidden and not declared by the employers, degrees of compliance with standards in sometimes in collusion with the workers, each country, non-compliance with labour in order to avoid paying contributions and standards and with social security is fre- taxes, or to disguise fraudulent contracts

17 or subcontracts. In many cases, only one and to declare workers for social security employee is declared even when the latter’s purposes. This non-compliance with the entire family, including children, work in initial registration procedures leads to sub- the home. As inspectors may not have stantive non-compliance: workers’ rights the authority to enter workplaces located such as the minimum wage are not recog- within private homes, the task of supervi- nized, safety regulations are not respected, sion is therefore very diffi cult, unless there and social security contributions are not is access to the payrolls or bookkeeping paid. The fi rst challenge encountered by records of the fi rms that contracted the labour inspectors is to detect the existence home workers. of these enterprises, identify their heads, Rural labour. General or special and track them down. The next diffi culty standards are diffi cult to apply to rural is in establishing and proving the nature of labour, attributable to three general fac- employment contracts or labour relations. tors. First, in many countries rural people Checks must then be conducted on work- may be generally unaware of the existence ing conditions and employer compliance or the content of applicable standards. One with requirements such as the minimum reason for this is that in many parts of the wage. When one single inspection service world rural populations have higher ilis charged with supervising labour stand- literacy rates and speak languages other ards as a whole and is provided with the than the offi cial one in which legal stand- necessary means, this job is simplifi ed. ards are couched. Also, they tend to hold It is nonetheless a big task and one that ancestral customs in higher esteem than largely depends on the cooperation of legislation. local authorities and on people prepared Second, as agricultural work is mostly to denounce irregularities. When separate performed by seasonal and temporary inspection services are involved, the task workers, the complicated and expensive becomes more diffi cult and complicated, documentation procedure may be a deter- since different actors have to be coordi- rent to their registration (the end of which, nated and mobilized to apply different it must be remembered, is the deduction standards and procedures, in line with of taxes and social security contributions work assignments whose priorities may from their wages). Also they may not not always coincide. particularly want to contribute to social security if it cannot provide them with local, accessible health care services. Activities of persons or enterprises Finally, the State itself does not usually that are not regulated by labour law have at its disposal a labour administration capable of informing, assisting and in- There are work situations that are generally specting agricultural enterprises which, as outside the scope of labour laws in almost a sector, is a frequent user of child labour. all countries, such as self-employment, or Thus labour standards are not enforced, work within the family. Nonetheless, in the occupational safety and health regulations majority of countries, self-employed work- are not known and the failure to declare ers are required to declare their status to workers goes undetected. the appropriate agencies. In the developed Micro- and small-scale enterprises. In countries, they are also compulsorily cov- every country, micro and small-scale enter- ered by the social security system. The ob- prises have the highest rates of non-com- ligation to declare and to pay contributions pliance with labour regulations, according devolves upon the self-employed workers to information from the labour inspection themselves, and they may be required to re- authorities. Non-compliance begins with spect safety regulations in their own work. the failure to declare a new business, to People working for their own families are obtain the necessary permits, to provide generally regarded as self-employed, and the requisite employment documentation, when the self-employed are unregulated,

18 the family workers associated with them only through the procedures laid down by will also be unregulated. civil or criminal law. In some developing countries, casual In the case of purely informal working work is unregulated, as are micro- or relations, the labour administration will small-scale enterprises employing less generally refrain from taking any initia- than a certain number of workers. The tives. At best, it may engage in information ceiling ranges from fi ve to ten employees, work aimed at preventing workplace risks and up to 20 in a few cases. The situation of or promoting voluntary social protection casual workers is complex, as part of their schemes. work may occupy an “informal” space in the middle of more formal employment relationships. In some cases, casual work Labour inspection problems may be of such duration that it becomes posed by the informal economy, equivalent to a temporary or seasonal job. and the trends observed In both cases, the casuals may be working alongside formal workers on permanent The fi rst problem identifi ed concerns the contracts within the same enterprise. labour inspectors’ knowledge of the stand- The permanent workers will have full ards and their application to different entitlements, while the casuals will have types of enterprises and workers. Inspec- only their pay and, at best, some coverage tors need to have a thorough knowledge against occupational accidents. of the labour standards they are charged In the case of micro- or small-scale en- with monitoring, and with which employ- terprises with a fi xed maximum number ment relationships are supposed to comply. of workers, the law itself exempts the Nowadays, labour inspectors deal with employer from legal obligations. This situ- many different kinds of enterprises, within ation exists primarily in Asian and East complex production systems which make African countries. Three common variants extensive use of subcontracting and labour may be found: fi rst, micro- and small-scale intermediaries and cover a wide range of enterprises that are not covered by any ap- contract types. The solution is to be found plicable labour regulation; second, those fi rst in the rigorous selection and training in which standards on labour conditions of inspectors and second, in administra- are applied, sometimes limited to pay and tive resources dedicated to handling in- daily hours, without the application of formation about enterprises, which means occupational safety standards and social the creation and maintenance of registers security requirements; and third, those or databases and sharing them with other from which only social security standards units of the public administration. are excluded. The second problem concerns the deci- When there are no legal obligations that sions to intervene in cases where stand- can be made of a responsible liable person ards are not complied with: in places, sec- or employer, labour inspection has hardly tors and enterprises for which suffi cient any fi eld of action open to it. For example, a evidence of non-compliance exists or from labour inspector will not be able to inspect which denunciations of non-compliance the micro- and small-scale enterprises that have been received. In some countries, the are exempt from the application of labour appropriate decisions have not been taken standards and will have no means of re- and the laxness of the administration has quiring that certain safety measures be contributed to the growth of informality. taken within a production process or that The solution depends on decisions taken workers be given a payslip. Nor will an in- by the government at the highest level, spector be able to oblige the fi rm to register with the support of the social partners. It workers for social security. Any grievances should consist of guiding the inspection from workers in exempted enterprises or system by providing clear instructions to employment relationships can be lodged the inspectors. The instructions should

19 set criteria for deciding where to focus costs, results in unfair competition for inspections, depending on the resources other fi rms. It also causes immediate eco- available, and should establish priorities nomic prejudice to non-declared workers which include paying attention to reports (e.g. wages below the minimum set by law, denouncing non-registration of enter- etc.) and jeopardizes their future social se- prises and non-declaration of workers. As curity benefi ts (due to the non-payment of most of the irregularities occur in micro- contributions). and small-scale enterprises, inspectorate Faced with the dilemma between is- activities in many countries tend to focus suing a warning and applying sanctions, primarily on such fi rms, in sectors with several countries have opted to submit the high rates of staff turnover and temporary offending fi rms to procedures entailing employment, such as construction, hotels, the immediate payment of the wages and and textiles and garments, as well as all contributions owed, in addition to puni- types of transport and shops. In many tive measures. The sanctions applied are, cases, it is necessary to combine pre-pro- in many cases, proportional to the number grammed visits with visits to respond of workers affected and the size of the to complaints in order to cover as much enterprise. ground as possible. In some countries, awareness of the The third problem centres on diffi cul- scale or growth of illegal work in the in- ties encountered during the inspection formal economy has led to the creation of visits themselves. These may include pin- administrative structures, inter-adminis- pointing the location of clandestine enter- tration coordination systems, programmes prises, tracing the head of the fi rm, identi- or initiatives aimed at combating the vari- fying non-declared workers, fi nding ways ous forms of illegal work. In France, for of verifying the number of hours actually example, an inter-ministerial team was worked, calculating wages and social secu- set up in 1997 to combat illegal work. It rity contributions due, and proving possi- brings together various bodies in a com- ble social security fraud (which happens in mittee which has a national commission, certain instances, sometimes only through departmental commissions, and working collusion between the employers and the groups. Similarly, a plan was established workers). In many cases, only some of an in Italy within the Ministry of Labour to enterprise’s workers have been declared. bring unregularized labour out into the In some cases, when the non-declared open. In Argentina, where there have workers work for contractors or subcon- been a number of successive programmes tractors, the labour inspectors must estab- to regularize unregistered labour, 29 per lish the chain of responsibility. Inspectors cent of workers were found to be unregis- may also fi nd foreign workers who do not tered in the more than 90,000 enterprises have work permits, and children whose inspected in 2005. In the United States, ages have to be checked. If the inspectors the federal labour administration and the can refer to lists of workers in each fi rm, different States have for many years run drawn from social security databases, the programmes and campaigns against ex- diffi cult task of proving irregularities be- ploitative fi rms, with the aim of ensuring comes more straightforward. respect for standards on working condi- A fourth, rather controversial, problem tions such as those on minimum wages is how to regularize the situations of non- and the employment of minors. Some compliance that have been found and in- sectors, such as textiles and garments, demnify those whose interests have been conduct special monitoring campaigns, in prejudiced. Non-compliance must be dis- view of the high number of immigrants suaded, but without putting the workers’ who are in an irregular situation and jobs and the enterprises’ survival at risk. prevalent disregard for the standards on The non-declaration of workers by some working conditions they are facing. As fi rms, and the concomitant avoidance of these workplaces are part of complex

20 subcontracting chains, ways have been exempted from the application of labour sought of resolving the problem by assign- standards, as well as for workers whose ing accountability to the main contractors employment is unlikely to be regularized, and to the distributors of the product. In and for the self-employed. In these cases, a number of European countries, where the labour inspectorate does not have a a signifi cant proportion of undeclared mandate to act, as its fi eld of activity is labour is performed by undocumented limited to workplaces that are, by law, sub- immigrants, regularization campaigns ject to labour standards. However, there have been held, during which employers is scope for purely promotional activities were encouraged to declare employment which can be carried out by other advisory relationships, without risk of sanctions. labour administration services, and the In Spain, for example, more than half labour inspectorate does not necessarily a million foreign workers were enrolled have to be involved. The inspectors should in the social security system during 2005, focus on those enterprises for which they during such a campaign. are competent and on the standards that A different problem concerns the means they are charged with monitoring, and to be used in order to promote decent work- thus increase the effectiveness and effi - ing conditions for workers in fi rms that are ciency of labour inspection services.

21 Hard times for labour inspection

Worldwide, labour inspection is under increasing pressure. The challenge is not so much to ratify the relevant ILO Conventions as to ensure that they are really implemented in practice.

Isabelle Hoferlin Director Human Rights and International Labour Standards Department World Confederation of Labour (WCL)

n 10 May 1944 in Philadelphia, the infrastructural resources needed. Budget OInternational Labour Conference de- restrictions, which are signifi cantly more clared that “labour is not a commodity” severe in the debtor nations due to the and that “poverty anywhere constitutes a structural adjustment policies imposed on danger to prosperity everywhere”. Lead- them, have a clear impact on the functioning on from that, the ILO Labour Inspec- ing of these ministries. Cut-backs are more tion Convention, (No. 81) was adopted common in ministries dealing with social three years later, followed at the end of policy, including employment. the 1960s by the Labour Inspection (Agri- This is confi rmed by the most recent culture) Convention, 1969 (No. 129). report of the ILO’s experts on the appli- More than half a century has gone by cation of Conventions and Recommenda- since the adoption of Convention No. 81. tions (2005).3 Most of its comments high- A new General Survey on this topic is light these problems. What emerges is planned for discussion at the Interna- that austerity measures have run strongly tional Labour Conference 2006.1 The WCL counter to the need for modern inspection welcomes this, in view of the enormous services, equipped with the infrastructure challenges currently facing labour in- and resources that they require if they spection. are to do a high-quality job. Dilapidated Governments rarely forward annual la- premises, equipped with obsolete tech- bour inspection reports to the ILO. So this nologies – when they are equipped at all, article is not based on such documents. It a shortage of vehicles for the inspectors, draws mainly on input gathered by the problems with claiming back expenses WCL from affi liated trade union organ- after inspections on the ground, poor izations, whether through direct contact or pay, a lack of systematic, computerized in the course of training seminars, surveys, data collection on work accidents and fi eld missions or campaigns on labour other topics – these are just some of the standards. Also included is information problems cited in most countries. None of derived from various publications. this favours risk prevention. Some governments even note, in the report or in their contacts with workers’ Inspections at a time of cut-backs organizations, that the fi nancial problems are such that fewer than ten vehicles are at In its study on “labour market reform”, the the inspectors’ disposal, in order to cover WCL emphasized that labour ministries the whole of their national territory. Many are often the Cinderellas of government.2 workers interviewed in various sectors They tend to lack the human, material and state that they have never witnessed an in-

22 spection of their workplace or, if they have, have found that checks and monitoring that they have rarely been consulted.4 of these risks are often nonexistent. When Moreover, due to the lack of resources, checks do take place, the inspectorates do the number and the frequency of inspec- not have the time to investigate in depth. tions are on the decrease worldwide, while There are too few inspectors, and they work accidents – including fatal accidents are not adequately equipped and trained and those causing permanent incapac- to measure these risks and establish a sci- ity – and other problems of all kinds are entifi c link between the health problems continually increasing.5 In almost every raised by the workers and the hazards country of the world, the number of labour posed by the use of these products. And inspectors is clearly inadequate and their even when a link is demonstrated, inspec- average age is around 60. Once they reach tors are often put under strong pressure to retirement age, they are not replaced. The keep quiet. Workers’ complaints are still new recruitment promised by ministers largely ignored and the use of the products rarely materializes. These services are continues under the same conditions. The wasting away. result, all too often even now, is death or Designed to be part of development serious illness. policy, Poverty Reduction Strategy Papers And when it comes to preventing and (PRSPs) ought to recognize the central role combating HIV/AIDS, how many labour of decent work and, consequently, the vital inspectors are really trained to monitor need for labour inspection. And yet, how safety and health risks in hospitals or many PRSPs make any mention of it? In- other workplaces? debted countries, including the Heavily Gender issues are another case in point. Indebted Poor Countries (HIPCs), suffer Although massive numbers of women have economic constraints that seriously preju- entered the labour market in recent years, dice the application of the principles and inspectorates have rarely been prepared rights enshrined in Conventions No. 81 for this phenomenon. Often, they are still and No. 129. all-male and little consideration is given to the risks specifi cally affecting women. Training, particularly lifelong training, Training – inspectors need it too is held in high regard these days, but it must be promoted in such an important The ILO-EU conference on labour in- fi eld as labour inspection, and a gender spection (Luxembourg, 9-11 March 2005) perspective must be included. concluded that “globalization presses for The tasks facing labour inspectors are economic and social reforms, but reforms becoming more and more complicated, can only be successful with strong, com- and so are working conditions. In fact, petent and independent labour inspection only multidisciplinary teams of experts, with adequate resources.” trained to identify these complex reali- Globalization does indeed pose many ties, would really be capable of meeting challenges for labour : the race to be this challenge. But that is a long way from competitive, market pressures, intensive the current state of affairs. Most inspec- work rates, adjusting supply to demand, tion teams have few human resources at new technologies and substances, subcon- their disposal, even in the industrialized tracting and the emergence of new types countries, where trade unions often point of working relations. All of these factors out that there are not enough labour in- spell new realities, but it takes consider- spectors. So it is all the more diffi cult to able expertise to spot them. meet the need for strong pluri-disciplinary On agriculture, for example, discus- teams, made up of experts who regularly sions in recent years have strongly empha- receive the kind of training that would en- sized the risks to human health from the able them to gauge the new realities in the use of pesticides. Investigative missions world of work.

23 Ethics under pressure ance” approach to corruption, so as to protect professional ethics within the Being an inspector is no easy task, par- inspectorates. ticularly amidst the present clamour for But as the labour inspector’s profes- supple, fl exible, non-mandatory instru- sion is vital to any State built on the rule ments and practices. Taking their cue from of law, inspectors are clearly entitled to “soft law”, some people would like to see a degree of protection. In Brazil, for ex- non-constraining inspections that do not ample, in 1992, following representations imply any concrete commitments from from the Latin American Workers’ Centre those concerned, focusing on negotiation (CLAT), labour inspection services were or a simple notifi cation of problems rather strengthened by the setting up of the than checks and enforcement. National Commission for the Eradication These trends run counter to labour of Forced Labour (CONATRAE). These inspectors’ professional ethics, which em- initiatives were warmly welcomed, and phasize impartiality as well as the duty they did lead to progress in the struggle both to inspect and to apply sanctions against forced labour. But there is still a when required. Certainly, those are the long way to go. In January 2004, three criteria that workers’ organizations want inspectors and a labour ministry driver labour inspections to meet. were assassinated in Brazil, while they In practice, we all too often receive were checking an agricultural workplace. complaints that competence and imparti- This shows the importance of combating ality are not the main criteria for selecting impunity and protecting inspectors when inspectorate staff. they are on duty. While carrying out their duties, inspectors also encounter major obstacles. They do not always fi nd it easy to get into export The missing link – processing zones. Paradoxically, experts Unwaged labour monitoring the application of codes of conduct often seem to face fewer hurdles. All over the world, unwaged labour makes Strict respect for professional ethics can up a growing proportion of the working also lead to problems. The inspectors who population. The great challenge for labour show the most zeal in this regard are more inspection is to probe and reveal the places likely to experience harassment, up to and where decent work does not prevail, in including threatened or actual arbitrary whichever social twilight zones they may dismissal. All of which demonstrates the be – whether in some forms of waged importance of organizing inspectors in labour or in more atypical working rela- trade unions. tionships. Another problem is the sanctions pro- This means going out on a limb. The vided for by law when a workplace fails informal economy involves complex work- to come up to standard. These are often ing relations which often sit uneasily with so derisory that they undermine the work ILO Conventions. That is why inspector- of the inspectors. Often, they are not infl a- ates and, therefore, policy-makers must tion-proofed, and they are in no way dis- now take steps to ensure coverage of what suasive. So unscrupulous employers can has often been a missing link. That prob- get away with ignoring workers’ rights. ably also goes for small and medium-scale And in places where impunity reigns, enterprises and subcontractors.6 This is all these employers can easily avoid paying the more diffi cult because the working con- even the mildest of fi nes. ditions, including work schedules (nights, At the same time, it should be men- public holidays, weekends), complicate the tioned that inspectors may also face task of running checks. pressures in the opposite direction. Some It is also becoming more and more dif- countries have brought in a “zero toler- fi cult to keep tabs on working relations

24 within subcontracting, which is moving “There are other questions on various into the informal sector. So employers who aspects relating to the content of these have recourse to subcontracting are able to controls: skirt around regulations and sanctions. ⅙ The lack of reference to labour stand- Labour inspection is essential to the ards in the codes of conduct and in the achievement of the Decent Work Agenda, basic indicators used by audit compa- both in monitoring occupational health nies casts serious doubts on the cred- and safety and in following up on work- ibility of their evaluation. Besides there ing conditions as a whole, whether in the is no uniformity in criteria enabling all formal sector or in the informal economy, ILO fundamental Conventions as basic particularly in workplaces that lack struc- principles to be at least considered. Nei- tured consultation. ther is transparency often present. ⅙ Is the methodology used reliable? Is Privatized inspections it transparent? Does it truly respond making inroads to the interests of workers? Has the voice of the latter as well as their trade The 1990s saw a strong upsurge in various union organizations been duly heard types of private checks on labour inspec- and translated in the approach and in tion. In April 2004, the WCL highlighted the results? the vital questions underlying these new procedures:7 “It is of public notoriety that the auditing practised by the large fi rms generally ⅙ “Does monitoring result in an improve- tends to favour the administration and ment in the working conditions in the gives a distorted image of the company. enterprise? Does it help in strengthen- It lays aside the serious and important ing the internal position of independent problems concerning health and safety, trade unions? Does it contribute to so- freedom of association, collective bar- cial dialogue? To collective bargaining gaining, and discrimination. Very often, it agreements? Is it renewed frequently does not even see – or does not want to see enough to ensure constant vigilance? – that companies violate the regulations Do the auditors enter into contact with on wages, that the time clock cards have the labour inspectors of the country been falsifi ed, etc. The auditors collect concerned? Are their strategic actions information from the company manag- sustainable? So many questions often ers and rarely from the workers. And if remain unanswered. they interview the latter, it is very often ⅙ “Meanwhile, who has the legitimacy under bad conditions: they do so in the to monitor, determine the procedures presence of their hierarchical superiors of control and to issue certifi cates to and at the workplace, which infl uences the companies? responses given. For fear of losing their job, the workers say what the managers “Currently, there is no rule in the area of want to hear or else, fearing reprisals, they auditing of multinational companies hav- even refuse to talk. At times they have ing adopted or not codes of conduct at the even been asked to keep silent about their social level. Nothing was codifi ed on this working conditions.” subject. Each enterprise institute or NGO Reports of that kind rarely refl ect does so according to the reference criterion what is really going on, day by day, in a that they have established. The value of workplace. So they can have serious con- this varies greatly.” Only a few initiatives sequences for the workers. involving multiple stakeholders have ena- bled the development of a reference framework embodying various indicators.

25 Local inspectors facing In fact, ILO experts have emphasized this globalized labour relations on a number of occasions in their comments on the core Conventions. And the results Trade union organizations, and a grow- achieved by strengthening inspections in ing number of NGOs, are calling these certain fi elds and certain countries are practices into question. This is fi rst and encouraging and speak for themselves. foremost because, paradoxically, we are witnessing the advance of these forms of private inspection just when the pub- In conclusion lic services are being weakened. Private forms of inspection end up by substitut- In short, global problems require global re- ing for the public services. Moreover, the sponses, although these must be anchored balance sheets drawn up by private audits in the realities of local life and work. But are not convincing. Today, there are more that alone will not be enough. Must we and more insistent calls for independent wait for more disasters to happen before monitoring bodies to check the effective we act? implementation of codes of conduct or, The subject of labour inspection re- even better, for the monitoring of labour quires deep consideration now, and the conditions to become, truly and as a mat- discussion to be held within the frame- ter of priority, the responsibility of the work of the general survey of the Commit- national labour inspection systems. tee on the Application of Standards (June However, this wish must be viewed 2006) should give further impetus to the against the background of the factors that debate. But more is needed. promoted the rise of private monitoring Although it is a pillar of decent work, practices. One such element is the absence labour inspection is now being demoted, of any globalization of labour inspection marginalized and played down in the in an age when production systems have majority of countries. Essential though been internationalized. Today, particularly it is to achieving the Millennium Goals in Europe, consideration is being given to by 2015, labour inspection has been side- integrating inspection services at the re- lined. Reducing malnutrition by 2015 gional level. But progress on this is also implies the existence of effi cient health needed within, and between, the other services operated by staff working in de- regions of the world. cent conditions. Ensuring that children get an education means that teachers should be working in those selfsame Inspectors boost ILO Conventions decent conditions. The same arguments can be applied to all the Millennium Convention No. 81 has been declared a Goals, one by one. And the debate goes priority because of its vital role in secur- beyond a basic needs approach. Conven- ing respect for other ILO Conventions, tions No. 81 and No. 129 are essential to particularly the core labour standards. securing more and more decent living Even if this Convention has garnered and working conditions and ensuring a large number of ratifi cations (134), we that progress improves our daily exist- have found that, in practice, its application ence, wherever we live and work. remains problematic. And yet the link be- Whether the workers’ choices and pri- tween this Convention and the implemen- orities are applied is a question of political tation of the others is plain to see. willpower. And progress in this fi eld will In particular, there is a clear link with depend on consultations with workers’ the core Conventions, including the fi ght organizations. The facts are there, and so against forced labour, child labour, dis- are the Conventions. On labour inspection crimination, abuses of trade union rights issues, the main task is not to achieve for- and impediments to collective bargaining. mal ratifi cation, although that is certainly

26 necessary. Nor, with a few exceptions, is 3 ILO. Report of the Committee of Experts on the there a real problem of discordance be- Application of Conventions and Recommendations. tween legislation and the Conventions on International Labour Conference, 93th Session, 2005. Geneva. 2005. labour inspection. The vast gap between 4 “Stafﬁ ng of the technical and medical in- the workers’ needs and the means available spectorates is decreasing year by year ... Moreover, shows that the big challenge is to achieve a quarter of this reduced staff is over 60 years of concrete implementation in practice. age.” In: (Belgian) Confederation of Christian Trade Unions (CSC), Inspection: la Belgique, pays en dévelop- pement ! 2004. L’info. No. 18, 7 May 2004, and No. 45, 12 Nov. 2004. Notes 5 Worldwide, one death every 15 seconds is at- tributed to work accidents. The lack of checks inevi- 1 ILO: Labour Inspection, General Survey of the tably leads to employer negligence. ILO Committee of Experts on the Application of 6 Hilbert, Gilbert. Meeting des experts en forresterie. Conventions and Recommendations, Report III (Part Carrefour Agri. Bulletin de la Fédération de l’agriculture 1B), International Labour Conference, 95th Session, CFTC, 2e trimestre 2005. No. 140, p. 14-15. Geneva, June 2006. 7 World Confederation of Labour. Corporate social 2 World Confederation of Labour. Labour Market responsibility and codes of conduct – New stakes or old Reform. Brussels, Nov. 2003. debate? Brussels, April 2004.

Labour inspection in the regions

Labour inspection in Africa – promoting worker rights

Understaffed and under-resourced, Africa’s labour inspectorates are also often too compartmentalized. An integrated, holistic system is needed, under one central authority in each country. And social dialogue about labour inspection is a must.

Sammy T. Nyambari Executive Director African Regional Labour Administration Centre (ARLAC)

he globalization of the world economy the general productivity of labour in many Tis changing the way individuals ways. It is estimated that the annual losses work, the hazards workers face and the resulting from work days lost, interruption intervention strategies needed for worker of production, training and retraining, protection as well as creating a defi cit in medical expenses and so on, amount to the quest for decent work. Although glo- over 4 per cent of the gross national prod- balization is viewed differently depend- uct of all the countries in the world. ing upon one’s country, culture, workplace The ILO, with its tripartite constituency, and employment status, ensuring that it is is developing Conventions and Recom- benefi cial to workers depends upon how mendations aimed at the implementation well countries, organizations and persons of a global policy. In its Decent Work pro- responsible for labour and employment gramme, the ILO entrusts labour inspec- inspections, workplace safety and health, tion with new roles and responsibilities. and indeed general working conditions, The idea is to ensure adequate health and achieve a balance between often compet- safety for workers by improving employing interests. Labour rights, including the ment and working conditions and guaran- prevention of occupational safety and teeing decent labour relations by setting health hazards, can best be achieved in up an Integrated Labour Inspection Sys- this global arena through partnerships be- tem. This includes the integration of differ- tween governments, industry and labour ent fi elds of inspection, the integration of unions, among others. enforcement and advisory action and the Millions of workers die from occupa- integration of inspection activities based tional injuries and diseases every year. on the principle “of one workplace/one Others suffer from poor working condi- inspector”, thus ensuring a stable relation- tions that are not in conformity with the ship between the inspector, the workplace ILO Declaration on Fundamental Prin- and the workers. In other words, a one- ciples and Rights at Work and the core stop shop that takes a holistic approach to labour standards. The suffering in terms all aspects of labour inspection. of human life is enormous, while the eco- In many of the developing countries and nomic costs place a considerable burden especially in Africa, some employers fail on the competitiveness of enterprises and to comply with national labour standards

29 (as enshrined in national labour law and stakeholders may lose confi dence in the practice) pertaining to social dialogue/la- labour inspection service. bour relations, employment and occupa- In Uganda, apart from being dual,1 la- tional safety and health standards. This bour inspection is decentralized to the local is particularly true of the non-organized authority level while factory inspection 2 is sectors. For example, non-compliance with centralized, so creating disharmony and statutory minimum wages, social security hampering effective coordination. This contributions (where these exist), overtime “contravenes” ILO Convention No. 81 on compensation, affi rmative action for vul- Labour Inspection (1949) to a certain ex- nerable groups, trade union representation tent, but that issue is outside the scope of rights, laws against sexual harassment and this article. other provisions militates against labour Dual inspection systems, without com- and enterprise productivity. This has a plementarity, do not advance the interests negative impact on economic growth and of clients (workers and employers), but development. The HIV/AIDS pandemic, rather promote bureaucracy and cause high rates of unemployment and poverty confusion. However, in the case of Ethio- exacerbate the problem and complicate pia, Kenya, Lesotho, Nigeria, the United intervention strategies. Republic of Tanzania and Uganda and as well as others in the region, there are ongoing labour law reviews (currently at Challenges facing labour different stages, depending on the coun- inspection in Africa try), which are expected to address some of the issues relating to labour inspection, Labour inspectorates in Africa, as else- among other matters. where, are faced with various political, In Sudan, the central government has economic, social, cultural, administrative devolved all inspection services to the re- and technological challenges. These vary gional or state governments, and no cen- from country to country and are heavily tral responsibility is retained within the dependent on socio-economic realities on Ministry of Labour. This is also the case the ground. The problems have been fur- in Ethiopia to a certain extent, though ther compounded by globalization and circumstances are different. When the structural transformation as well as the central government devolves authority restructuring of the public sector, which for inspection services to the regional or has led not only to the reduction of la- federal states without taking responsibil- bour inspectors in terms of numbers, but ity for coordination and harmonization, also a declining budget without a corres- the inspectorates tend to be weakened. ponding decrease in the responsibilities Maintaining parallel labour inspection of inspectors. structures leads to ineffi cient use of In most African countries, labour scarce human resources, sub-optimal use inspectorates are limited in scope and of facilities (buildings, offi ce equipment, coverage (covering less than 10 per cent transportation), and ineffi cient allocation of labour force). They are splintered, of limited and scarce fi nancial resources. compartmentalized and often non-com- This defi ciency therefore undermines the plementary. Often, they are governed by a capacity of labour inspectorates to pro- fragmented policy and legislative frame- mote the ILO Global Occupational Safety work. More often than not, inspections and Health Strategy and the Decent Work carried out under such circumstances Agenda, as well as other national, sub- are haphazard and uncoordinated and regional and regional initiatives. It also have a “social policing element” which confuses the workers, as well as employ- produces adversarial outcomes. At times, ers and enterprises who do not under- this results in contradictory advice and stand the fragmented system of labour unnecessary competition. In such cases, inspection.

30 In most African countries, public serv- Managing change and performance ice reforms have reduced the number of improvement in labour inspection labour inspectors by 20-40 per cent in the last decade through retrenchments, freezes It has been argued by some that, in more on the recruitment of new inspectors and cases than not, the problems facing labour non-replacement of vacancies arising from inspection services in Africa are mainly natural attrition (death or retirement). For managerial, although other factors also example, as a result of the public sector pose some challenges. Some observers reforms, the number of general inspectors estimate that managerial issues account in Kenya was reduced by 30 per cent, from for 70-80 per cent of all the inspectorates’ 175 to 124, while the occupational safety problems. Therefore, a focus on labour in- and health inspectors were reduced by spectorates’ management systems through about 15 per cent. a holistic change process is imperative. On the other hand, due to casualization Often, the resources (capital and and informalization of the labour market human) that have been allocated for inspec- (the informal economy accounts for more tion, however meagre they may be, seem than 70 per cent of the labour force in not to be effectively utilized for the core most African countries), the responsibili- business of labour inspection. In certain ties of inspectors have increased in order instances, some of the resources are spent to meet the new demands of a changing on administrative instead of operational working environment. HIV/AIDS, child services. One of the immediate options for labour and the need to respond to new improving the productivity and competi- vulnerable working groups and new tiveness of labour inspectorates is resource risks – especially for those in the urban mobilization and utilization, as well as the and rural informal economy, agriculture, effective organization and management of construction, mining, Export Processing labour inspection systems through skills, Zones (EPZs), the service and security knowledge and attitude management, industries and supply chains, to mention reinforced by training and investment in just a few – require a holistic approach. research and development. However, the problems faced by labour This may be followed by integration inspectorates should be seen as chal- initiatives, which may as well go hand lenges, and the challenges should be seen in hand with the other change processes. as opportunities to set goals for produc- As a consequence, the labour inspector- tivity and performance improvement. ate will have to deal with issues such as The ultimate goal should be value-added technical safety, occupational hygiene, oriented inspectorates. There is, therefore, work organization and the control of com- an urgent need to re-organize labour in- pliance with other labour legislation and spection into one integrated, well-coordi- labour relations in a more integrated way, nated system under one central authority,3 demanding new skills and competences. so as to ensure that uniform inspection In this case, new inspection strategies policies and procedures apply for each should be developed and implemented in country. The need for social dialogue with an interfaced manner. Integrated inspec- workers’ and employers’ organizations tion systems should be able to promote and other relevant agencies, for example preventive policies through a culture of mining inspectorates among others, is sharing expertise, providing expert advice undeniable. and targeting efforts where they are most needed. A preventive culture requires total involvement of workers and their organizations, and of employers and their organizations, in order for it to succeed. A number of countries in Africa, especially South Africa and Lesotho, have

31 moved in that direction. In such cases, a labour inspection, through an effi cient routine labour inspection visit to a work- and effective enforcement system. Trade place would include the following com- unions therefore have a responsibility to pliance checklist, among other things. It demand and lobby for the development could be verifi ed by one single inspector, and promotion of responsive systems provided of course that the inspector con- that can protect workers’ rights as well as cerned was equipped with the necessary enshrining a preventive safety and health skills, knowledge and attitude change culture. through training and retraining, as well The above, among others, may be in- as the prerequisite tool kit. cluded in a holistic and “one-stop shop” inspection list, so as to add value as well as optimize available resources. Where an Compliance checklist inspector is unable to deal with an issue due to its complicated nature (for example, ⅙ Protection of incomes, e.g. minimum issues relating to occupational medicine or wages (where applicable) highly sensitive labour relations), these ⅙ Hours of work and overtime have to be referred to the specialists (often based at headquarters) for the necessary ⅙ Holidays and rest periods – annual, advice and corresponding action. sick, compassionate; maternity/pater- The planning of inspection services nity “leave(s)” must take account of the prevailing circum- ⅙ Work injury compensation, including stances in each country. Granted, in more social security contributions, insurance cases than not, ever-shrinking resources, issues and accident/illness records public service reforms which also have an impact on inspectorates, and the lack of the ⅙ Work permits, and child labour necessary institutions, legal framework, ⅙ Safety committees/welfare/workers policy etc. affect the way inspectorates committees – safety offi cer in place perform. However, each country has to ⅙ decide which option works best, in terms Welfare facilities including sanitary of promoting labour rights. provisions It is therefore necessary for labour ⅙ Personal protective equipment and inspectorates in the region to re-invent, clothing (PPE/C) indeed re-engineer themselves, in the wake of the new challenges, so as to add ⅙ Emergency preparedness and fi rst-aid value and meet the new demands of an facilities – fi rst-aid kit ever-changing working environment. In ⅙ HIV/AIDS interventions and work- fact, it makes economic and social sense place practices to do so.5 Inspectorates need to manage ⅙ Wages and salaries records the new challenges effectively and effi - ciently by optimizing resources through ⅙ General housekeeping change management that improves their ⅙ Compliance with collective bargaining performance and competitiveness and agreements (where applicable) meets client needs. In most cases, performance-related ⅙ Bipartite labour relations, including management systems are not yet in place, recruitment and affi rmative action ini- resulting in recourse to traditional bureau- tiatives – for instance, implementation cratic structures and vertical, hierarchical of gender requirements in the holistic management styles. Under the circum- sense.4 stances, it is in the interest of countries to weigh the available options to get out of Compliance with labour rights and stand- this bureaucratic quagmire, but each case ards, as indicated, is the core business of should be treated on its own merit. How-

32 ever, countries may wish to address the working conditions and occupational options and suggestions that add value in safety and health issues. After the inte- terms of compliance with labour rights, as gration of services, and especially in the well as general obligations of workers and years 2002-04, the labour inspectorate out- employers at the bipartite level, but taking puts/outcomes rose by 100 per cent using the local variables and circumstances into the same number of resources (capital and account. human), due to the successful management First, and as a medium- to short-term of change. This was achieved through con- option, there should be a move towards solidating a preventive culture, advocacy, integration of services, creating a one-stop and cooperation with the social partners shop or one-service shop as has been the and stakeholders who are responsible for case in South Africa, Eritrea 6 and to some monitoring compliance with national and extent in other African countries including international labour standards. Lesotho, which is moving in that direction. The Kenya Tripartite Labour Inspection Secondly, and as an immediate option, in- Project (KTLIP), based on the ILO Labour spectorates should invest in effective and Inspection Convention, 1947 (No. 81), ad- effi cient performance improvement strat- dressed general conditions of work, labour egies, in order to succeed. Thirdly, a con- relations and dispute resolution,7 employ- tinuous change management toolkit with ment services and basic occupational a holistic monitoring and evaluation road- safety, health, hygiene and welfare issues. map and score sheet should be in place to It increased the labour inspectorate out- inform the system on a need-to-know basis. puts/outcomes by more than 500 per cent As mentioned, this requires investment in during the time of the project (1991-93) and research and development. However, these after the project (1994-2002). However, it interventions should be accompanied by a was limited in approach since it only ad- shift to preventive approaches (preventive dressed some basic OSH elements, e.g. health and safety culture, for example) so sanitary conditions, personal protective as to promote ownership and win-win equipment and fi rst-aid facilities. Substan- outcomes, which are holistic, open and plu- tive occupational safety and health issues ralistic. These must involve social dialogue were covered by the then factory inspec- structures, frameworks and processes, tors under a separate inspectorate. This including tripartite, but mainly bipartite department, which is currently referred to institutions at the shopfl oor level. as the Directorate of Occupational Health and Safety Services (DOHSS), was to be part of the second phase of the project, Good practice which did not materialize due to funding constraints. There are good practices that we can learn Strategies that were used in the Kenyan from. Here, we will draw lessons from case included the following. First, the fact two labour inspection practices – one in that there was tripartite ownership through South Africa (fully integrated services), the involvement and participation of the the other in Kenya (not integrated, but one social partners (government, workers and arm of the inspectorate was re-engineered employers) from project inception to “com- through change management process in pletion” created cooperation and synergy. 1992-94). These will form the main basis Secondly, the acceptance and participation of this section. of top management at the national level in In South Africa, a one-stop service is the change process created another level operated and managerial decisions are of ownership and synergy. Thirdly, the made at the provincial and local levels, participation of provincial/regional and where inspectors offer integrated services district heads created a trickle-down effect without being expected to be specialists that promoted outreach at the local level. but are knowledgeable on all general Finally, the participation of the inspectors

33 themselves in driving this change process country should use the most cost-effective – by identifying the challenges and sug- options and interventions depending on gesting the way forward in debates, con- its circumstances. sultation meetings, seminars, conferences, Changes in working life call for an in- exchanges of ideas and information, and tegrated approach, merging the traditional most of all by developing labour inspection technical and medical approaches with the indicators – created the catalyst for action. social, psychological, economic and legal The change process was therefore based spheres. Globalization increases the need on a “top-down and bottom-up” approach for creative and holistic approaches, taking at all levels of management and others. In account of changes in the world of work terms of actual implementation, planning and new risks. The traditional relations be- and coordination of inspection services tween the government and social partners vis-à-vis other activities of the inspectorate in industry and services have to be adapted were reinforced, as well as the integration to this new environment. In the same way, of transport (cars, motorcycles), fi nances the role and the activities of the labour and human resources into the planning inspectorate will have to be reshaped. It process. A toolkit on management devel- is important to address, in a holistic way, opment initiatives, training of personnel, all aspects of working conditions as well computerization of information (inspec- as of safety and health and well-being at tion and others), setting of agreed targets work. The focus should be on the creation and indicators, quality and quantity assur- of synergies between all parties involved, ance, staff meetings, coaching and men- as well as on the exchange of information toring, continuous appraisals, reports and and experiences on good practice. reporting systems (a holistic reporting and Finally, there is a need to provide a inspection format) and monitoring and platform for the exchange of experiences evaluation standards were integrated into between heads of occupational safety and the inspection system. health, labour and social partners concerning the role of the inspection services. Such forums should aim to build a framework Conclusion for effective, relevant and enlightened policies to drive forward an action plan for an It is evident that inspectorates all over the Integrated Labour Inspection System, as world and especially in Africa are faced well as discussing issues relating to labour with a myriad of challenges that are both inspection and development. internal and external. While integration During these forums, examples of of services is not necessarily the only pre- good practice in the development of an scription or panacea to deal with obtaining integrated labour inspection system at na- challenges, the way the change process is tional and company level should be high- managed and owned determines to what lighted. The objective is to raise African extent the initiatives are effective. The and worldwide consciousness of the social organization and management of inspec- dimension, which should be placed on an tion services requires being effective and equal footing with economic, fi nancial and effi cient and this can only occur if a cost- environmental concerns within a holistic benefi t analysis of change management approach. is carried out. We can learn a few lessons One question that needs immediate from countries that have effected change consideration is how we can effectively successfully. Here, our examples from and effi ciently manage inspection serv- South Africa and Kenya illustrate that ices, and optimize what we have on the good practices in integration and manage- ground in a more cost-effective and value- ment can be used to transform “moribund added way. services” into high-performance systems It is time for global thinking and local through re-engineering. However, every action.

34 Notes 4 Inclusive gender initiatives that cover workers in terms of their vulnerability in the labour market. 1 Separate inspectorates for general working 5 A cost-benefi t analysis on investment in Inspec- conditions and for occupational health and safety. tion Services indicates that it makes good business to 2 In some countries, occupational health and invest in effective and effi cient labour inspectorates. safety specialists are still referred to as “factory in- 6 Eritrea decided to go for integration on its own spectors” in the labour laws. and with its own resources. 3 See ILO Convention No. 81 on Labour Inspec- 7 Strikes were reduced by about 30 per cent dur- tion (1949). ing this period of intensifi ed inspection visits.

35 Labour inspection – the Brazilian experience

Brazil has set itself the challenge of achieving an integrated labour inspection, the aim being to build a culture of prevention in the country. This article analyzes the role and activities of labour inspection in Brazil, giving a brief view of its historical evolution and legal framework, including proposed ILO instruments, occupational safety and health, forced labour, social dialogue, labour protection and some specific issues such as child labour.

Maria de Lourdes Moure Coordinator General (Standards) Ministry of Labour and Employment Brazil

abour inspection in Brazil started at competition, with a university degree as a Lthe end of the nineteenth century in the qualifi cation requirement. AFTs are sub- factories of Rio de Janeiro. It was in the ject to the federal employment regulations early twentieth century, in 1919, that the and have a dual hierarchy: on the technical National Department of Labour was cre- side, they report to their central manage- ated, and was attached to the Agriculture, ment, while on administrative matters, Industry and Trade Ministry. Inspections they report to the local offi ce where they were limited to Rio, which was the federal are placed and perform their tasks. They capital at that time. The National System of check compliance with the Federal Labour Labour Inspection started in 1931 with the Laws, and with complementary laws on creation of the Ministry of labour, Industry hiring, the length of the working day, rest and Trade. In the following year, 1932, re- periods, etc. They also verify that collec- gional offi ces were put into operation and tive agreements and accords are being re- in 1934 the occupational safety and health spected. They implement policies against (OSH) inspections began. It was in 1944 unemployment, discrimination, moral that a career structure for labour inspec- harassment, child labour, etc. In perform- tors was established (Mannrich, 1991). ing their jobs, they have to follow certain Brazil ratifi ed the ILO Labour Inspec- procedures: visit the plant, issue a notifi cation Convention, 1947 (No. 81) in 1989. tion (presentation of documents), make a Today, about 90 ILO Conventions have return visit, issue another notifi cation to fi x been ratifi ed by Brazil. Its labour inspec- OSH aspects, apply sanctions if necessary tion regulations (RIT) were created in 1965. (fi nes), order a work stoppage in case of In 1978, regulation 3214/78 established oc- grave and imminent danger to workers’ cupational safety and health standards. In life or health, and make a report. 2002, inspectors’ career structures were integrated into those of the state services and they were given the new title of “labour Legislative framework inspector auditor” (AFT). Table 1 shows the present legal basis. Labour relations in Brazil are evolving In 2005, the country had about 3,000 la- within a complex system, and each of the bour inspectors (AFTs), recruited by public many different institutions involved has

36 Table 1. Current main legal basis

Federal Constitution – art. 21, XXIV – 05/10/1988 ILO Labour Inspection Convention, 1947 (No. 81) – Decree No. 95.461, 11 Dec. 1987 “Act” No. 5.452, 1 May 1943 – “Labour Laws Consolidation” – CLT Regulation 3214 / 78 and updates –“OSH Regulations”– NRs (31 at present) ILO Convention, 1976 (No. 144) – “Tripartism” – Decree No. 2.518, 13 March 1998 Law No. 10.593, 6 Dec. 2002 – Structure of Labour Inspector Auditor (AFT) career Decree No. 4.552, 27 Dec. 2002 – Labour Inspectorate Regulation Law No. 10.910, 15 July 2004 – Restructuring of Labour Inspector Auditor (AFT) career Inter Ministry Regulation No. 800, 3 May 2005 – “OSH National Policy – Minute”

its attributions deﬁ ned by law. Their main ⅙ the beginning, in 2004, of discussions feature is State intervention in the solution on the interministerial development of of conﬂ icts between capital and labour. a National OSH Policy, involving the In the realm of individual relations, the different spheres of the Labour, Health most important characteristic is the exist- and Social Security Ministries. ence of a very detailed and strict law, which is paternalistic in character. The Ministry of Safety and health at work is regarded as a Labour and Employment (MTE) is the fed- collective right and is embodied in a dy- eral body in charge of supervising labour namic regulation: the Standards (NRs), rights and ensuring that they are respected. which are to be updated by the Labour When it comes to collective relations, Ministry in accordance with changes in the main pillars are union organization and the world of work. collective negotiations, seen as the means The way the Ministry of Labour oc- through which general working conditions cupational safety and health inspections are determined, including wages. were launched in the 1980s reinforced the Thus, as far as occupational health and mechanisms for agreements and collective safety is concerned, the MTE policy can be negotiations via the tripartite process. Cre- placed in the context of four moments in ated in the late 1990s, the National Perma- the history of labour legislation: nent Committee on Work Conditions and ⅙ the promulgation of the Federal Labour Environment in the Construction Industry Laws (CLT) in 1943 (CPN) and the Tripartite Permanent Com- ⅙ mittee (CTPP) for consultation, diagnosis, the formulation of the rules which technical proposals, validation and revi- instituted the Regulating Standards of sion of standards, aimed also at a continu- Occupational Safety and Health ous improvement in working conditions. ⅙ the establishment, in April 1996, of the An initial scenario of spot inspections, methodology for making or revising non-systematic attention to individual regulations in the area of OSH, with so- cases and random reports resulted in an cial participation involving the creation extremely low level of problem-solving, of a Tripartite Permanent Committee but new methods of action have gradually (CTPP) under the aegis of the Minis- been created since then. try of Labour and Employment, with These transformations in the methods government, worker and employer of action arose from voluntary initiatives, representation based on the tripartite by colleagues who tried to involve social model supported by the ILO; and union movements in the resolution of

37 labour and environmental confl ict, which agricultural machinery represent a mile- affected workers as groups and/or com- stone in the world of work and an example munities (Bonciani et al., 1996). of the potential of a democratic approach Such initiatives were of core importance to the issues related to OSH. in signalling to the labour inspectors the They also show the need for even possibility of different, more effi cient ways stronger action from the State, not only to of working. safeguard workers’ basic rights, but also to strengthen workers’ organization, so opening up opportunities for negotiations Dialogue with labour with the employers. The Brazilian pluriannual plan (PPA) This process of change, however, de- for 2004-07 has four major aims: manded other transformations, so as to ⅙ ensuring the achievement of standards, involve everyone. This meant that inspec- regulations and Conventions concern- tion methods had to be aimed at securing ing labour protection not only respect for the law, but also social ⅙ eliminating forced labour in the coun- transformations. try (the term “slave labour ” has been These transformations in working re- adopted by the Brazilian Government lations and conditions created a need for to refer to forced labour) dialogue with those most directly con- ⅙ cerned – the workers. eliminating child labour This was translated into joint work ⅙ promoting OSH. with the unions, not just in their role of following up on or calling for spot inspections, but mostly as partners in the mak- Results ing and prioritizing of the policies to be executed. In other words, each inspection Some results of labour inspectorate action conducted in a group is not an end in itself, in these fi elds are shown below. but is rather an action within the context of Enforcement of formal employment the production sector, including the pro- relations. In 2004, 708,957 workers were duction chain of which it is part, and of placed in the formal economy as waged general objectives which can, for instance, employees (24 per cent in agriculture and be a collective agreement or the creation of cattle farming and 21 per cent in industry). a new partnership with other institutions Combating forced labour. The achieve- (universities, NGOs, etc). ments of the Special Mobile Inspection Institutional change, however, does not Group in 2004 are refl ected in the fact occur rapidly or universally, and neither that 2,776 forced labourers were freed. do changes of attitude or identity. Inspec- They received compensation totalling tion in the area of worker health and R$4,600,000 (about US$1,700,000), as well safety has undergone transformations, as unemployment insurance and other initially centred on individuals and later contributions. The challenge is to con- on working groups, and currently we have ceive and implement effective strategies organized programmes characterized by for prevention and rehabilitation. A start planning based on local realities, on the has been made with legislation ensuring active participation of all involved and on payment of the Government share of un- dialogue with society. employment insurance contributions to The earliest rural standard and tech- workers rescued from forced labour. nical note (code of practice) concerning The ILO project in Brazil aims to combat protective measures on machinery, on the abusive recruitment practices leading to improvement of working conditions in the forced labour (“slave labour ”), in particular metal mechanics sector, and the recent in agriculture and cattle farming in remote study group on safety protection of the areas, where it is mainly concentrated. Also,

38 it is assisting the National Commission to Inspectorate action on OSH. The labour Eradicate Slave Labour (CONATRAE) and inspection analysed 1,666 fatal or serious other social partners by: work accidents, remedied 750,703 illegal ⅙ creating a database on slave labour for situations in 136,881 establishments and the Ministry of Labour and Employ- ordered work to be halted in 1,107 cases. ment (MTE) National and regional OSH tripartite ⅙ committees specifi c to the construction launching national and regional cam- sector have achieved good results in the paigns against forced labour last 10 years, effectively improving the ⅙ implementing a National Plan to Eradi- worksites. Other successful activities by cate Slave Labour (measures for the tripartite national and regional commit- prosecution of offenders, prevention tees concern benzene, ergonomics, min- and the rehabilitation of victims) ing, maritime, agriculture, etc. Recently, a ⅙ building partnerships (between the standard (NR 32) for the health care sector Federal and Labour Prosecutors’ Of- has been formulated and approved on the fi ces, the Ministry of Labour and Em- basis of the ILO tripartite approach. ployment, Federal Police, trade unions Action on safety and health takes place and NGOs, among others) in accordance with the priorities defi ned by ⅙ the various social partners. It is intended strengthening the Special Mobile In- to promote the integration of inspection spection Group and a regulatory framework. This means ⅙ running pilot programmes for reha- breaking yet another paradigm by involv- bilitation, through income-generation ing society in the planning and aiming at activities, capacity building and legal changes both in working conditions and assistance (ILO, 2005). in attitudes. Given this aim, the formulation and im- An agreement was signed between major plementation of policies and actions must steel companies and their workers’ union, be governed by transversal and intersec- under which these companies commit toral approaches. Within this perspective, themselves not to buy charcoal from any health and safety actions require multipro- enterprise that has subjected its workers to fessional and interdisciplinary action, so as slave labour conditions. to allow for the complexity of production- Eliminating child labour. In 2004, the consumption-environment relations. labour inspectorate found 4,040 children The strategies and directives are to or teenagers under 16 years of age at work. broaden the range of action, harmonize As a result of the inspections, an imme- standards and articulate preventive, pro- diate recommendation was made to the tective and compensatory action (giving Ministry of Social Development to include priority to a preventive approach), while the families of these children in various building an “Integrated Information Sys- social income programmes, so that they tem on Worker Safety and Health”. can keep their children away from work and allow them to attend school. In the same period the labour inspectorate also A win-win culture of decent work promoted the hiring of 25,215 apprentices aged 14-18. According to Lima (2001), la- In this way, it is hoped that labour inspec- bour inspection has an essential role in tion in Brazil can gradually contribute to eliminating child labour and promoting the creation of a culture of job generation adolescent work protection, while seeking in which working conditions are decent to give them equal opportunities for edu- and everybody wins: the employers by cation and development. Labour inspec- integrating health and safety issues into tors have traditionally been key partners production and regarding them as an in- in eliminating child labour (ILO, 2005). vestment that adds value to their product

39 and makes the industry more competitive, Albracht (2004) proposes ten steps for and the workers by gaining greater job strengthening labour inspection: satisfaction and better health. 1. structure and organization The current challenges for labour inspection are redefi ning the State’s role, 2. resource allocation changing the confl ictual approach to the 3. training resolution of confl icts at work, integrating different economic sectors, and working 4. setting priorities with government and trade union rep- 5. integrating inspections resentatives. To meet these challenges, 6. publicizing best practice discussion is needed on how to improve working conditions (corrective and pre- 7. providing tools for management ventive measures) and on alternative systems and labour inspectors control mechanisms. Inconsistencies be- 8. working in partnership tween planning and action, and between development and economic policies on the 9. networking one hand and social policies on the other, 10. other steps towards a culture of can be addressed through institutional prevention. directives and responsibilities, fi nancing, management and follow-up, and through To sum up, the labour inspectorate in Brazil social checks, with sectors of the executive has been undergoing continuous transfor- directly involved. Small and medium- mation based on planning, social dialogue sized enterprises (SMEs) should adopt a and local realities, within a democratic special approach. As pointed out by von process involving the social actors. Richthofen (2002), it is important to be aware of SME needs, to review regulations Acknowledgements and develop complementary regulatory approaches, build strategic partnerships, Gerd Albracht, Juarez C. Barros Jr, Mario Bonciani, and focus training on sectoral or local Nilton Freitas, Mario Gawryszewski, Zuher Handar, practice so as to achieve feasible, low-cost Rinaldo C. Lima, Edenilza Mendes, Sergio Paixão, Maria Silveira, Leonardo Soares, Jukka Takala, Pu- solutions. According to the same author, rifi cación Vásquez and Ruth Vilela. there is a tendency for small enterprises to proliferate and a corresponding need to overcome the effects of subcontracting, References which leads to poor general working con- Albracht, G. Ten steps for strengthening labour in- ditions. All of this calls for an integrated spection, Labour Inspectors’ Workshop. Brasilia, OSH management system. Enterprise 23 July 2004. management policy should regards OSH Bonciani, M. et al. Saúde, ambiente e contrato as adding value and stimulating employ- coletivo de trabalho: experiências em negociação ment generation and maintenance within coletiva. LTr, São Paulo, 1996. the enterprise culture, while promoting ILO. Prevention. A global strategy promoting safety and social responsibility and social control. health at work. The ILO Report for World Day for Another challenge to labour inspector- Safety and Health at Work. Geneva, 2005. ates is the defi nition in practical terms of ILO. Guidelines on occupational safety and health management systems, ILO-OHS, Geneva, 2001. their own identity: specialized or non-spe- Lima C. G. C. Trabalho precoce, saúde e desenvolvi- cialized; generalists or specialists? Both mento, MTE/ SEGUR/ DRT/SP, SDT Ribeirão generalists and specialists are desirable Preto, 2001. within multidisciplinary teams. They have Mannrich, N. Inspeção do trabalho, São Paulo, LTr, complementary skills and different per- 1991. spectives on the work situation, making it von Richthofen, W. Labour inspection: A guide to the possible to intervene in favour of change. profession, ILO, Geneva, 2002.

40 Providing a safe workplace – the Singapore experience

Singapore’s culture of tripartism and partnership has built strong occupational safety and health. Now, the country is poised for further improvements.

Dr Magdalene Chan Director, OSH Specialist Department, Occupational Safety & Health Division, Ministry of Manpower, Singapore Ho Siong Hin Divisional Director, Occupational Safety & Health Division, Ministry of Manpower, Singapore

ll workers deserve a safe workplace helped to reduce the unemployment rate A and have a right to return home from from a high of 4 per cent in 2003, to 3.4 per work safe and healthy. “Decent work” cent in 2004 and 3.3 per cent in Septem- must mean “safe work”. Maintaining ac- ber 2005. However, intense competition ceptable occupational safety and health from increasing globalization has meant (OSH) standards should be seen as an that, in order to survive, our businesses are integral part of a country’s development. being forced up the value chain. For low- Indeed, adequate worker protection is es- wage workers who are at risk of structural sential for individuals to lead digniﬁ ed unemployment, this is especially relevant. and productive lives, and for society to Singapore’s response is to upgrade the achieve sustainable economic growth. The skills of our workers to help them remain principles of prevention and protection employable in the face of the changing embodied in international labour stand- needs of our industries. This will also ards provide a sound basis for national enable our workers to earn more through policies and programmes. Thanks to the increased productivity and contribute to efforts of ILO SafeWork, substantial guid- higher value-added jobs. ance is now available at the national and Like many countries, Singapore faces international levels to strengthen labour challenges posed by an ageing popula- inspection. This important ongoing work tion. Hence, the Government is active- by the ILO will be particularly helpful to ly studying how the effective retirement countries as they grapple with the many age of older workers can be extended. A challenges they face in an increasingly key strategy involves redesigning jobs to globalized world. expand the job value and worth so that lower-skilled and older workers could be more productive and earn a higher wage. Addressing common challenges Our unions, under the National Trades Union Congress, are spearheading this ef- In 2004, the Singapore economy grew by fort. To enhance the employability of older a robust 8.4 per cent, riding on the strong workers, we are also considering how to global economy, particularly in Asia. This design appropriate remuneration schemes

41 pegged to the output of the job rather than such increasingly complex and dynamic to the seniority of the worker. work environments, there is a need for At the other end of the spectrum, our greater vigilance. For Singapore industry, children and young people generally re- three serious accidents in 2004 served as main in schools or vocational institutes till a wake-up call and as stark reminders of at least the age of 16 years, and child labour the potential for loss of lives, disruption does not exist in Singapore. In ratifying to business and opportunity costs when a Convention 138 on Minimum Age in 2005, major accident occurs. Singapore further demonstrated her com- In growth sectors, such as the chemical, mitment to the values and principles that pharmaceutical, biotechnology and logis- the ILO upholds. tics industries, processes are becoming more complicated, with safety and health issues that may not be fully understood, Providing a safe workplace such as biohazards and risks from nano- materials. This means that safety systems, The many challenges we now face in procedures and competencies at all levels the ever-changing world of work call must be kept updated so that risks associ- for increased determination to raise oc- ated with technological developments are cupational safety and health standards. identifi ed and proactively managed. Singapore has made good progress over Industry ownership for workplace the years. This has been possible because safety and health is therefore critical. Em- of two factors – strong political leader- ployers have domain knowledge of the ship, as well as effective partnership industry and its associated hazards, and with the unions and employers under a are in the best position to determine the well-established tripartite framework, appropriate solutions for hazard control. in addressing both economic and labour Increasingly, providing a safe workplace issues, including workplace safety and will require a systems approach centred health. The accident frequency rate has on people that places the focus beyond fallen over the years from 6.5 per million machines and processes. work-hours in 1981 to 2.2 in 2004. Similarly the occupational disease incidence stands at 2.0 per 10,000 employed persons in 2004 Framework for self-regulation compared to 4.7 in 1981. From the OSH perspective, it has been Legislation is necessary to ensure mini- helpful that Singapore is steadily transiting mum standards of protection, as well as to to a knowledge economy, with relatively provide transparency and a level playing safer and less polluting industries. Em- fi eld for businesses. Singapore’s regulatory ployment in manufacturing has declined framework aims to promote self-regulation relative to other sectors, such as business by industries. This self-regulatory regime and fi nancial services, and more of our includes key features, from OSH manage- workforce are now engaged in managerial, ment systems to safety audits. The onus professional and technical jobs. is on employers to ensure that they have in place and maintain systems to address safety and health issues at the workplace. Need for vigilance

At the same time, we are seeing new Close working relationships technologies and complex processes used in manufacturing activities, as well as The administration of OSH is an impor- increasingly sophisticated construction tant role of the Ministry of Manpower.1 methods, both in tunnelling and in build- This agency also oversees functions in ing high-rise structures. In the face of the related areas of work injury compen-

42 sation, labour relations and welfare, em- for companies wishing to compete glo- ployment promotion and foreign labour bally. Singapore’s marine industry is an management. Close working relation- outstanding example of this. Once thought ships established over the years between destined to be a sunset industry, Singa- the Ministry and the employers’, workers’ pore’s marine sector generated a turnover and professional organizations, as well as of over S$5 billion in 2004, employing other government agencies, have contrib- some 37,000 workers. It has the largest ship uted to the success of OSH programmes repair centre in the world and its rig-build- and strategies at the national level.2 Such ing yards are counted among the best in collaboration ranges from research, stand- their class. This successful industry trans- ards development and enforcement to formation has been the result of intensive surveillance and hazard control; and from R&D efforts focusing on automation, as training of key personnel and industry well as enhancing workforce safety and development to recognition and incentive productivity. schemes. To encourage greater industry ownership, the Ministry of Manpower has, over Learning from the world the years, established Advisory Commit- tees for three speciﬁ c sectors – shipbuild- Participation in the areas of research, ad- ing and repairing, construction and met- visory services and training has provided alworking. Self-help efforts have resulted Singapore with many opportunities for in signiﬁ cant improvements in safety and learning and sharing, regionally and in- health practices in these sectors. A fourth ternationally, and these will be increased. Advisory Committee for the health care Training programmes conducted for our industry was set up in early 2005. labour inspection counterparts from fel- low member countries of the Association of South-East Asian Nations (ASEAN), as OSH training well as the ASEAN-OSHNET Project have and recognition schemes helped to facilitate information exchange and sharing of experience. In contribut- Underpinning the self-regulatory frame- ing to the activities of both the ILO-CIS work is a core strategy that places great National Centres’ and the WHO Collabo- emphasis on OSH training, promotion rating Centres’ networks, Singapore is and recognition of effort. Requirements pleased to be a part of the global effort to for training are enshrined in the law, and achieve safety and health for all. cover key personnel at all levels – OSH We have also leveraged on the Internet professionals, management, supervisors as a useful vehicle for OSH promotion and and workers, including guest workers. information sharing. The Ministry’s web Through various promotional activities, site provides information resources on recognition schemes and tax incentives, training programmes and materials, leg- employers are encouraged to achieve islation and policies. A popular feature is standards that are higher than those re- the OSH Alert system – a free subscription quired by law. service that helps update companies and OSH professionals on upcoming events, as well as share learning points from case The business case studies. In addition, the Ministry’s online OSH case studies database linked through Increasingly, companies appreciate that the WHO Global Web Portal provides good having good safety and health systems, practice models of successful workplace practices and track record is a competitive hazards control. advantage. The reality is that providing a safe workplace has become an imperative

43 Succeeding through partnership the period from 1998 to 2004 in terms of proportion of working adults exercising While Singapore’s small size poses chal- regularly, as well as declines in prevalence lenges in terms of resource constraints, of smoking, diabetes, high cholesterol and our compactness provides opportunities high blood pressure.3 for effective collaboration. Over the years, we have established a culture of tripartism and partnership that has served us well, New framework for sustainable both in the area of labour relations and on improvements occupational safety and health. A good example is the Workplace Singapore’s transformation over the past Health Promotion (or WHP) Programme. 40 years, from an economy heavily de- This major collaborative effort represents pendent on entrepot trade to one with a an integrated approach to workplace health signiﬁ cant manufacturing base and strong promotion, and has the strong involvement services sectors, has been accompanied by of unions, employers and government. The credible improvements in workplace safety objective is to improve the health status and health. However, in order to raise OSH of working adults by encouraging organ- standards to the next level of achievement izations to implement effective workplace and ensure further sustainable improve- health promotion programmes, address- ments, more fundamental changes are ing key areas from OSH to health practices required. There is a need to move beyond and work-life balance. just prescriptive engineering controls and Programme strategies include gov- implementation of safety management sys- ernment funding support, recognition of tems, to address issues at a more systemic achievements through various national level that must be underpinned by stronger awards – the Annual Safety Performance industry ownership and a safety culture. Award, Occupational Health Best Practices We have therefore embarked on a fun- Award, Family Friendly Employer Award damental review of the OSH regulatory and Singapore HEALTH Award, as well as framework. Setting ourselves a target of linking workplace health to organizational halving occupational fatalities, currently excellence. A concrete endorsement of the at 4.9 per 100,000 workers, within 10 years, latter principle is the incorporation of “em- we seek to become one of the safest places in ployee health and satisfaction” as one of the the world to work in. These new initiatives criteria in the business excellence frame- for OSH are in line with the ILO’s Promo- work for the prestigious Singapore Quality tional Framework for Occupational Health Award. Some of these awards have been and Safety, tabled at the 93rd Session of the presented by the President and the Prime International Labour Conference in June Minister, signalling to employers and to the 2005.4 The key emphases in the new frame- nation the importance of workplace health work for OSH in Singapore are: promotion and making our workplaces not ⅙ First, the focus will be on risk preven- just safe, but healthy as well. tion and management, as well as ad- Coordinated by the Health Ministry’s dressing systemic issues. Stakeholders Health Promotion Board, the WHP Pro- who create risks will be held account- gramme has so far met its original target able for managing and reducing these of at least 50 per cent of the private sec- risks. Occupiers, employers, suppliers, tor workforce beneﬁ ting from effective manufacturers, designers and persons workplace health promotion programmes at work will have the responsibility to by 2005. Currently, almost all public sec- identify potential risks and take appro- tor organizations have implemented such priate actions to mitigate risks at source. programmes. There have also been some positive effects on the health of Singapo- ⅙ Second, all stakeholders will be brought reans, with improving trends seen over on board for greater ownership of safety

44 standards and outcomes. The prescrip- cident Reporting) Regulations – will be tive nature of the current Factories Act introduced together with the Workplace creates a mindset for management and Safety and Health Act in 2006. employees simply to follow the “letter A Workplace Safety and Health Ad- of the law” and not address safety visory Committee (WSHAC) has been aspects outside prescribed legislation. appointed that will facilitate and promote Given the pace of technological change industry self-regulation, enabling industry and variable work processes in differ- to develop safer ways to achieve business ent industries, legislation will inevita- goals. Spearheaded by industry leaders, bly lag behind safety risks. To promote the Committee will advise the Ministry greater industry ownership, a perform- of Manpower in the areas of: ance-based approach will be adopted ⅙ Setting OSH standards and regula- under the new framework, augmented tions by prescriptive guidance for hazardous sectors and activities. To complement ⅙ Promoting OSH awareness and engag- this, our enforcement stance will shift ing the industry to raise the level of towards even greater industry partner- OSH in Singapore ship and compliance assistance. ⅙ Training key stakeholders to raise com- ⅙ Third, workplaces with poor safety petency and capabilities in OSH. management will be stimulated to im- ⅙ prove through rigorous auditing and The Committee’s work will have four tougher sanctions. Currently, safety strategic key thrusts: lapses resulting in mishaps are severely ⅙ Promoting a business case for high OSH punished, but the penalties for offences standards, and reviewing the current in the absence of mishaps are compara- system to better recognize industry tively lower. This encourages the indus- best practices in workplace safety and try to tolerate sub-optimal safety prac- health tices until accidents occur. The Ministry ⅙ will impose greater fi nancial disincen- Engaging businesses to secure their tives and penalties on workplaces with participation and buy-in for the new unsafe systems, before any accident has OSH framework occurred. This will create the right en- ⅙ Raising the level of OSH competency vironment in which all businesses fi nd in industry by developing an OSH it more cost-effective to improve their competency framework as well as new safety management systems. training programmes for all levels of industry These principles will be institutionalized through new legislation that will be en- ⅙ Working in partnership with the Man- acted in early 2006. The new Workplace power Ministry to set higher OSH Safety and Health Act, when passed, will standards for industry. form the legislative backbone of the OSH framework, allocating responsibility to In order to develop sector-specifi c meas- stakeholders and setting out remedial ures to raise OSH standards, the WSHAC measures (through remedial orders and has formed four industry sectoral sub- stop-work orders) and penalties for non- committees that will drive these strategic compliance. To augment the Act, a number thrusts in the key industry sectors of of Regulations will be passed. Two key healthcare, construction, metalworking, subsidiary pieces of legislation central and shipbuilding and ship-repairing, the to the new framework and impacting all last three being industries with higher stakeholders – the Workplace Safety and workplace accident rates. Health (Risk Management) Regulations and Workplace Safety and Health (In-

45 Enhanced labour inspection of OSH best practices and setting competency standards for OSH personnel. To implement the new OSH framework, OSH Information Centre. The depart- we need to build and expand capabili- ment provides information to support stra- ties both within the Ministry and also in tegic planning and policies, as well as for industry. For a start, the Ministry’s OSH dissemination to industry, and facilitates Division has been restructured from 1 information sharing and international col- August 2005. laboration in OSH. The restructured Division will imple- OSH Policy & Legislation Depart- ment the framework, including new legis- ment. The department focuses on develop- lation, policies and programmes, adopting ing and reviewing policies and legislation a proactive and systemic approach in ac- on fundamental and strategic OSH issues. cident prevention and involving all stake- OSH Corporate Services Department. holders in risk prevention and mitigation. The department assists injured workers It will also work closely with industry to and dependants of deceased workers enhance accident prevention and safety to receive fair and expeditious worker’s management capabilities, as well as de- compensation for work-related injuries or velop a stronger safety culture. The Divi- deaths. It also processes the registration of sion will focus on the prevention of risks factories and pressure vessels and other at source, set outcome goals for employers equipment, as well as the licensing of com- and help companies improve their safety petent persons. It provides corporate sup- management systems. port services to the rest of the division. The Division’s six new departments Providing a safe workplace is a journey and their roles are: of perseverance and vigilance. For Singa- OSH Inspectorate. The department pore, we have embarked on a new phase focuses on reducing risks from safety in the journey, aimed at achieving an even and health hazards in workplaces through higher level of workplace safety and health. targeted programmed inspections, inves- It is a journey we must take, for our people tigating accidents, taking enforcement ac- are our most precious and only resource. tion, and providing advice and guidance to industry. OSH Specialist Department. The Notes department provides specialist support and guidance in OSH – from occupational 1 See the web site of the Ministry’s occupa- hygiene, safety and medicine to risk man- tional safety and health division at www.mom.gov. agement and safety management systems sg/oshd 2 – working in collaboration with partners For more details, see the Asian-Paciﬁ c Newslet- ter on Occupational Health and Safety, vol. 12, no. 2, July through programmes and activities in the 2005, http://www.ttl.ﬁ /NR/rdonlyres/DA6FB191- areas of OSH standards, research and best 18C2-4ADE-BF25-62C63E593758/0/aasian.pdf practices. 3 Singapore National Health Survey 2004, www. OSH Industry Capability Building. singstat.gov.sg/ssn/feat/sep2005/pg19-20.pdf The department aims to create a vibrant 4 www.ilo.org/public/english/protection/safe- and safe workforce through the promotion work/promo_ppt_e.pdf

46 Labour inspection policies, practices and experiences in Australia

Effective labour inspection has always been a key factor in successfully managing significant shifts in work patterns and organization. Our major challenge now is to ensure that the development of mod- ernized labour protection legislation and inspection practices can keep pace with the changed characteristics of work around the world in the twenty-first century.

Michele Patterson President International Association of Labour Inspection Executive Director SafeWork SA South Australia

hy do labour inspectors need to be refl ects the whole community’s stand- Winnovative? For several years now, ards and expectations of the day. labour inspectors from around the world, through their international Association In short, effective labour inspection is es- (IALI), have discussed the challenges sential to improving the standards of liv- facing labour inspection with a focus on ing in any country. Whether economies the labour inspector’s role in occupational are classed as developed or emerging, the health and safety. Now, with the develop- value of effective labour inspection is that ment of the global economy, labour in- it forces recognition of the relationship be- spectors have the opportunity to consider tween work and standards of living and their wider contribution to today’s global can therefore contribute signifi cantly to workforce. the achievement of any nation’s goals. History tells us that the world of work Labour inspectors must be able to is always changing and change generates demonstrate that their key contribution both positive and negative impacts on the in any country is to assist in improving world of work. Today, we are able to iden- those standards of living – a healthy, safe, tify clearly the characteristics of work in fair and harmonious work environment our times and we can see common global will deliver not only reduced injuries trends in work practices and conditions. and deaths but also reduced costs, more To remain relevant in this one-world en- productive workers and the right envir- vironment, it is vital that the role of labour onment for business to thrive. inspection is repositioned in two ways: ⅙ fi rst, from the perception of the limited The Australian approach role of ‘enforcer’ to the more signifi cant to labour inspection role of ‘infl uencer’ – encompassing the full range of services to industry; and Australia is a federation. This means that ⅙ second, from the limitations of being under the Australian Constitution, some identifi ed as only relevant to the ‘work- laws are administered by the federal (or force’ when labour inspection, in fact, national) government, and others are

47 administered by state or territory gov- The Strategy includes national targets ernments. Australia has six states and to reduce workplace deaths and injuries. two territories. Occupational health and These targets are: safety legislation is administered by the ⅙ to sustain a signiﬁ cant, continual state and territory governments and by reduction in the incidence of work- the federal government in relation to fed- related fatalities with a reduction of at eral government employees. This means least 20 per cent by 30 June 2012 (with that each state and territory has an OHS a reduction of 10 per cent achieved by inspectorate and the federal government 30 June 2007); and has one OHS inspectorate for its employees. Also at the federal level, there is a ⅙ to reduce the incidence of workplace tripartite Australian Safety and Com- injury by at least 40 per cent by 30 June pensation Council (ASCC) – this replaces 2012 (with a reduction of 20 per cent the previous National OHS Commission achieved by 30 June 2007). (NOHSC). The ASCC has responsibility to ⅙ In Australia, progress towards these coordinate national initiatives in OHS and targets is measured by the number of worker’s compensation issues. It consists worker's compensation claims received of representatives from peak groups of by the worker's compensation authori- unions and employers and a representa- ties (WorkCovers) in each state and tive from each state, territory and the territory. federal government.

Areas requiring national action The Australian National OHS Strategy Most importantly for OHS labour inspec- Since 2002, the work of OHS labour inspectorates, the strategy identiﬁ es the areas torates across Australia has been organ- requiring national action. These areas are ized within a 10-year strategic framework OHS data, OHS research, national stand- called the National OHS Strategy (the ards, strategic enforcement, incentives, Strategy). This Strategy was developed compliance support, practical guidance, and agreed by all members of the former OHS awareness and OHS skills. NOHSC (now the ASCC). As well as the Together, these areas requiring na- peak groups of unions and employers, the tional action provide a framework for an Minister responsible for the OHS authority integrated approach to labour inspection. in each of the state, territory and federal Each activity that OHS labour inspector- governments has endorsed the Strategy ates carry out is based on one or more of and committed their jurisdiction to achiev- these action areas. Across Australia, the ing the Strategy targets and goals. Heads of the OHS Authorities (labour inspectorates) meet regularly to progress National vision and targets 2002-2012 these national initiatives.

The Strategy begins with a national vision National prevention principles as follows: Work-related death, injury and disease The Strategy embraces the adoption of are not inevitable but can be prevented. systematic approaches for prevention by The national vision reﬂ ects this and pro- government and industry and is based on vides the ultimate goal of the National the following principles: OHS Strategy.1 All OHS labour inspectorates in Aus- ⅙ A comprehensive and systematic ap- tralia organize their work towards achiev- proach to OHS risk management as part ing this vision. of day-to-day business operations.

48 ⅙ Responsibility to eliminate or control ⅙ manufacturing risk rests at the source, be that with the ⅙ health and community services. designer, manufacturer or supplier, or in the workplace. The major integrated prevention activ- ⅙ ities of each OHS labour inspectorate are Prevention requires the cooperation focused on these industry sectors. During and commitment of all workplace par- 2006, agriculture will become a further ties to involvement in consultation on priority industry sector. workplace health and safety, accepting responsibility for identifying OHS issues and initiating prevention action. National priorities ⅙ Prevention also requires workplace parties to be appropriately skilled in OHS The Strategy has 5 national priorities. For so that they can participate effectively OHS labour inspectorates, these priorities in consultation and in identifying and form the basis of the objectives we aim to implementing improvements. achieve in all of our prevention activities. ⅙ These priorities are outlined below: Governments, in their capacity as major Priority 1 – Reduce high incidence/ employers, policy-makers, regulators severity risks. This national priority in- and procurers, have considerable involves the better use of OHS data, research fl uence over the achievement of better and learning to improve the approaches OHS outcomes in Australia. to targeting high-risk sectors. The current ⅙ Effective national action requires major focus for OHS labour inspection prevention national stakeholders, including all activities is on the nationally agreed high- governments, to be committed to co- risk industry sectors (i.e. the four national ordinated, consistent and cooperative priority industries identifi ed above). approaches to OHS improvement. National compliance campaigns are a major tool used by the OHS labour in- ⅙ Evaluation of prevention initiatives and spectors in cooperation with industry, to the sharing of solutions and evidence of achieve improvements in these sectors. what works among OHS stakeholders. A compliance campaign involves each of the elements of education, assistance, Agreement to these national prevention compliance actions (e.g. serving improve- principles by all the governments in Aus- ment notices) and enforcement (e.g. serv- tralia and the major stakeholder groups ing prohibition notices or prosecuting the of unions and employers, means that the company or individual). These elements OHS labour inspectorates are able to de- form a continuum of activity known as velop all of their strategic actions around the ‘Compliance Spectrum’. these principles. Typically, each campaign begins with meetings with the industry employer associations and unions to advise them of Priority industries the proposed campaign and gain their support in promoting it to their members. In recognizing that it would be impossible Information and education seminars may to achieve all of these objectives across be run to advise the industry sector more industry at once, for the fi rst few years of broadly. An audit tool is developed spe- the Strategy, all work is focused on several cifi cally for each campaign to ensure all nationally identifi ed priority industries. inspectors focus on the same issues and For 2002-2005, these industries were: take consistent action to address problems across the nation. ⅙ construction Inspectors carry out site audits to iden- ⅙ transport tify problems and deliver educational

49 material about the legislative require- tribute to their organization’s OHS. For ments directly to people in the workplace. this reason, under the Strategy we have The inspectors provide assistance in re- developed a National Skills Action Plan solving any problems and explain the re- which aims to ensure that OHS is taught quirements of the OHS law. Improvement to children at school and included as a notices allowing time to comply may be major part of all further education courses served. Several months later, the inspec- as well as professional courses for manag- tors visit the workplaces again and if seri- ers, engineers, architects and others. OHS ous non-compliance is found, prosecution labour inspectors participate in the devel- action may be commenced. Throughout opment of training materials, publications this process, if immediate risks are identi- and computer-based information and as- fi ed, a prohibition notice may be served sessment tools under this priority area. requiring that the activity ceases and the Priority 3 – Prevent occupational problem is fi xed immediately. disease more effectively. An example of Each of these campaigns is thoroughly how the National Strategy can be imple- evaluated and a public report is devel- mented to prevent occupational disease at oped on the extent of non-compliance in a national level is the ban on chrysotile the industry and the effectiveness of the asbestos throughout Australia. This na- campaign in addressing this. Feedback tionally agreed ban came into operation is given to the industry stakeholders and from 31 December 2003. An information areas for improvement identifi ed. campaign included guidance for specifi c Other activities under this national pri- industry sectors to help them comply with ority include working on a number of leg- the ban and led to the development of a islative initiatives that aim to reduce high national compliance strategy to assist OHS incident/severity risks, including develop- labour inspectors in implementing the ban ment of a national standard and relevant across Australia. codes for the construction industry. Priority 4 – Eliminate hazards at the Priority 2 – Develop the capacity of design stage. This national priority aims business operators and workers to man- to build awareness of the responsibility of age OHS effectively. In Australia OHS designers of plant and work practices to labour inspectors face a major challenge to eliminate hazards or control risks at their help people in the workplace understand source (that is, before they are used in the that systematically managing safety is workplace). not too complex, diffi cult or costly for the The only way that we can ensure, in both average business to grasp and implement. the short and long term, that health and This is a particular challenge for small safety improvements will be sustained is business. for each emerging hazard to be addressed Today, health and safety law is not before people become ill or injured, and about carrying out a list of complex regu- that traditionally high-risk work, such latory requirements on a particular day. as construction, is appropriately control- Rather, it is about systematically thinking led during the design process. Under the through the problem – sitting down with Strategy there is a National Design Action employees, consulting with them on the Plan which involves the inspectorate in a hazards and risks they face in their daily range of activities to help raise awareness work and then systematically managing and educate people about the importance those risks on an ongoing basis. In Aus- of design in workplace health and safety. tralia, where this approach is understood Priority 5 – Strengthen the capacity of and implemented, it achieves remarkable government to infl uence OHS outcomes. results. This priority involves all governments in It is crucial that all workplaces are Australia in making two major commit- equipped with the knowledge, skills and ments – fi rst to improve their own OHS attitudes necessary to enable them to con- performance; and second, to ensure that

50 the government – in all its roles in provid- inspectors now focus on working life ing and buying services and administering – rather than the workplace. This means legislation – uses this strength to ensure that we recognize that it is the people in good OHS outcomes. the workplace who we are there to assist – and although sometimes that assistance may be through improving the physical Safe, fair and productive workplace, this will only be effective if working life the people in the workplace understand how and why the conditions need to be In South Australia, for example, our ap- improved. proach to labour inspection is based on the Any improvements need to be ongoing premise that if a workplace is to be healthy and form part of a systemized approach. and safe, it must also be fair and have har- For health and safety, this means the sys- monious labour relations. In some areas, tematic management of hazards through inspection of health and safety conditions consultation with the workforce. For work- can be aligned with inspection of general ing conditions, it means ensuring all base working conditions so that the outcome is entitlements are in place, such as mini- a better working life for everyone in the mum pay rates, appropriate conditions of workplace. employment or leave entitlements. There is signifi cant scope to improve Concept 2 – Holistic labour inspec- the various labour inspection functions, tion. The second concept is that holistic by creating an integrated and holistic labour inspection involves health and approach. Combining and coordinating safety, working conditions and industrial labour inspection strategies so that they relations, and other specialist areas. When become a useful tool to achieve decent a problem occurs in the workplace, the work requires us to be innovative. symptom of the problem may be dissatis- In South Australia, labour inspectors faction, absenteeism or an injury. Looking deal with occupational health and safety, behind the problem, however, may indi- industrial relations and public safety. To- cate that any of these outcome symptoms gether, the inspectors are skilled across may be caused by bad health and safety, OHS (including specialist areas such as poor working conditions or people not re- occupational hygiene, chemical, mechani- ceiving their work entitlements. So labour cal and electrical engineering), industrial inspectors need to be able to deal with all relations and working conditions, and of these areas to fi nd the right solution. public safety areas (such as amusement Concept 3 – Integrated labour inspec- devices, lifts, fi reworks, explosives and tion. Under this concept, integrated labour dangerous goods). inspection involves using the whole com- Inspectors are grouped together in pliance spectrum: information, assistance, industry teams and a country team. Each compliance and enforcement. team has a group of inspectors with a Labour inspectors must be able to match range of skills across these areas. They are their intervention appropriately to the type supported by Chief Advisors in industrial of problem – sometimes information and relations, OHS and each of the major haz- assistance is appropriate and, at other ard areas. times, compliance or enforcement meth- The inspectors work from a founda- ods are necessary to solve the problem. tion premise that Healthy and Safe, plus On another level, all our labour in- Fair and Harmonious, equals a Productive spection interventions are built around Working Life. Our inspection strategy is the need to be proactive – to try to ensure built around this premise and it involves systems are in place to prevent problems fi ve concepts. from arising. In this context, advice and Concept 1 – Safe, fair, productive assistance are always used fi rst in any working lives. Under the fi rst concept, intervention campaign, with compliance

51 and enforcement used to follow up if peo- ⅙ industrial disputes which can result ple have not taken the initiative to correct in bullying, harassment or discrimi- defi ciencies. nation; and Concept 4 – Innovative strategies ⅙ unfair working conditions which can for labour inspection interventions. result in stress. The fourth concept is that benefi ts can be achieved by using one type of labour Further, many of the workplace arrange- inspection to lay the foundation for work- ments that determine the way work is or- force cooperation with another. For exam- ganized and carried out, directly impact ple, consultation processes under OHS on health and safety. For example: legislation are often very effective; and ⅙ industrial incentives may reward dan- good consultation processes can produce gerous work; harmonious conditions in the workforce, which then provide the basis for produc- ⅙ requirements for industrial qualifi ca- tive negotiations on working conditions tions may not include OHS training; more generally. ⅙ contract arrangements may exclude Concept 5 – The labour inspector as OHS as a consideration; and infl uencer. The fi fth concept recognizes that to make a difference, labour inspec- ⅙ chains of contract may allow parties tors need to infl uence three levels of work- to avoid both OHS and industrial rela- ing life: tions responsibilities. ⅙ the workplace; ⅙ the stakeholders – that is, tripartite Challenges for integrated consultation with groups consisting of labour inspection employer and employee organizations and government; and For labour inspection, South Australia’s ⅙ state, national and international fo- three most signifi cant challenges are the rums. same for OHS and industrial relations: ⅙ securing basic rights through legislation; OHS and industrial relations ⅙ adding value and facilitating industry How does holistic labour inspection work? and workplace initiatives; and Until recently, the systematic management ⅙ professionalizing the modern inspec- of health and safety was addressed by the torate and measuring the quality and labour inspectorate as a priority on its impact of inspector activities. own. But more and more, we are seeing the lines between health and safety and general working or employment condi- Conclusion tions become blurred. In many cases, we can directly attribute an injury outcome to Australia, through its National OHS Strat- an unsatisfactory working condition. This egy, has provided a framework within development is evidenced in our emerging which the work of OHS labour inspectors OHS priorities. Some examples of these can be organized to maximize impact on ‘cross-over’ issues are: shared national targets and objectives. In South Australia, this approach forms the ⅙ excessive working hours which can basis of a holistic and integrated labour result in fatigue; inspection system aimed at ensuring safe, ⅙ patterns of work (e.g. shift work, timing fair productive working lives. of breaks) which can result in musculo- In many countries, labour inspectors skeletal strain; have assisted industry to make signifi cant

52 improvements towards reducing the toll the importance of repositioning the role of of injuries and deaths at work, through labour inspection everywhere. Labour in- systematically managing their approach spectors, through innovative and enlight- to occupational health and safety. Often, ened strategies of service delivery, need to these improvements are accompanied by be recognized as ‘infl uencers’ of acceptable a corresponding improvement in working standards of working conditions rather than and employment conditions. So, if we look just ‘enforcers’ of the law. And as working behind the strategies we have used in the conditions form the core of each nation’s OHS area, we may just fi nd the key to im- standard of living, the labour inspector’s proving work conditions more generally. job, in essence, refl ects the whole communi- There are three key OHS strategies that, ty’s standards and expectations of the day. applied appropriately and innovatively to In sum, through innovative interven- the broader issues of work and employ- tion strategies, labour inspection can ment conditions, will help to make the maximize its impact not just in Australia, difference. These key strategies are: but also on the global workforce. Improved ⅙ managing issues through tripartite occupational health and safety and fair structures; working conditions together deliver reduc- ⅙ tions in deaths, injuries, diseases, disputes consultation with the workforce as a and costs to business – as well as maintain- key to success; and ing human dignity, generating more pro- ⅙ systematically managing risk. ductive workers and producing the right environment for business to thrive. Learning from effective labour inspection strategies, such as those applied in the OHS area, will help the modern labour Note inspectorate meet the challenges of the 1 National OHS Strategy 2002-2012, National twenty-fi rst century. In particular, in a OHS Commission, Commonwealth of Australia global world of work it is vital to recognize 2002, p. 3.

53 Occupational health and safety inspection in Western Europe: Policies, practices and experiences

Alliances need to be established between inspectorates and other organizations able to make a contribution to a national plan for improvement, which now increasingly includes numerical targets. In- spectorates are now being expected to be able to demonstrate what they are achieving and to evaluate and benchmark their performance and effectiveness against guidelines and their counterparts in other countries.

Adrian F. Ellis President International Association of Labour Inspection 2002-2005

he history of occupational safety and ees working in heavy (and more hazard- Thealth (OSH) inspection in Western ous) industry. Improvements since then in Europe now covers over 200 years. It many developed countries have been less began in Britain in 1802 when its parlia- encouraging with a “plateau” appearing in ment passed an Act aimed at preserving the fatal accident statistics – with little net “the health and morals of apprentices” in year by year change. This article describes factories. This was overseen by voluntary some of the initiatives that are underway committees and was largely ineffective as a in response to this plateau, and to dramatic consequence – but it was a start and nearly changes to the world of work within which 30 years later the process was formalized inspectors are enforcing health and safety with the appointment of the fi rst inspec- legislation. tors considered to be “persons of high standing”. Other countries in Europe followed – for example, France, with its fi rst The changing world of work labour protection Act in 1841 and its fi rst inspectorate some 30 years later. Special- Since the 1970s the industrial structure of ist inspectors started to be recruited and large parts of Western Europe has changed the ambition to secure, in particular, safer beyond all recognition. The reduction in workplaces was underway. jobs in manufacturing and heavy industry Improvements were secured and the has been accompanied by a rise in jobs in year by year reduction in fatal accidents the service sector. At the same time, the particularly during the latter part of the number of small fi rms has grown dramati- twentieth century was impressive. In cally, indeed in some countries doubled, Britain, for example, the fatal injury rates so that typically, 90 per cent or so of enter- for employees per 100,000 workers fell prises might employ less than fi ve staff. In from 3.6 (1971) to 0.8 (1994) with a similar the European Union, small and medium- picture to be seen elsewhere in Western sized enterprises (SMEs) employ some Europe, assisted in no small degree by a 75 million people and record 82 per cent of major reduction in the number of employ- all occupational injuries and 90 per cent of

54 fatal accidents. In Britain, over 70 per cent experiences faced with accelerating tech- of enterprises have no employees. How nology and to “level the playing fi eld” to inspectors can make an impact with this avoid global businesses moving work to large number of small enterprises has been another country with the primary aim a general challenge to OSH policy-makers of saving money on health and safety and managers. Some of their responses are through inadequate provision. described later. One related outcome of The work of the ILO in seeking to se- these changes in industrial structure has cure decent work in a global economy is been to make responsibilities for manag- addressing these issues with some notable ing risks more complex. Where inspectors successes. Elsewhere the International As- once visited large workplaces with every- sociation of Labour Inspection (IALI) with one on site coming under the responsibility close to 100 countries as members world- of the works management, they now will wide, including all of Western Europe, ex- likely experience a multiplicity of contrac- ists to support labour inspectorates, who tors and subcontractors and self-employed may be faced with new technology chal- for non-core activities, and with technical lenges, to achieve acceptable standards of and design inputs arriving electronically health and safety and working conditions from specialist sources which may be worldwide. Within the European Union, the from another country. A regulatory chal- Senior Labour Inspectors Committee (SLIC) lenge indeed! with senior labour inspectorate/health and safety representation from all member States, exists to improve cooperation Political dimension between member States and the European Commission and to encourage the effective At the same time as these structural in- and consistent application of European leg- dustrial changes have been taking place, islation in the member States. Iceland, Lich- the general public have been increasingly tenstein and Norway attend as observers. active in being seen not to be prepared One of its key activities has been in to tolerate accidents as “inevitable” by, in defi ning common principles for labour in- parallel, seeking redress in the civil courts spection in the fi eld of occupational health and expecting more from governments. and safety, completed in 2004 and taking Inspectorates in a number of countries, full account of The ILO Labour Inspection faced inevitably with fi nite budgets, have Convention, 1947 (No. 81). These core prin- been challenged by their political masters ciples address the Council and Commis- to justify both existing fi nancial baselines sion view that “the effective enforcement and to demonstrate what inspectors actu- of Community law is a precondition for ally contribute towards reducing occupa- improving the quality of the working en- tional accidents and ill health. vironment”. They include sections on the need for effective planning and monitoring of annual plans, inspectors’ competencies Globalization and independence, inspectors’ powers, guidance and internal communications. A signifi cant component of the changing In parallel, a questionnaire has been world of work infl uencing inspectorates drawn up to allow all member States to in Western Europe as elsewhere has been be evaluated by a team of SLIC members, the increasing globalization of manufac- in line with these common principles. ture and service provision (ILO, 2002a). Before the 2004 enlargement of the Eu- Major blocks of work are moved around ropean Union, all ten accession countries, the world in the search for optimal cost- which were already observers at SLIC, had effectiveness, with enterprises seemingly been evaluated in the same way by SLIC fl ourishing one day and closed the next. evaluation teams to assist their prepara- OSH inspectorates have learnt to share tion for full membership and to provide

55 SLIC support in their labour inspection nition that long-term improvements could initiatives. only be obtained by winning the hearts Elsewhere the ILO were invited to un- and minds of those involved with work- dertake an audit of the labour inspection places, rather than grudging acceptance. system of the Grand Duchy of Luxembourg The strategy was published following (ILO, 2002b). The audit team headed by consultation with employers, trade unions Michel Gisler, Vice President of the Inter- and other interested parties in an exercise national Association of Labour Inspection, involving over 2,500 people. Having ana- recommended a complete revision of their lysed where were the biggest sector and organization to refl ect the changing world hazard contributors to the occupational of work and the increasing demands on accident and ill-health statistics, the strat- inspectors in health and safety and other egy confi rmed that HSE, including its areas of labour inspection. inspectors, would concentrate on a suite The response by the Luxembourg au- of targeted programmes including agri- thorities has been very positive, leading to culture; construction and health services; the development of an action plan for an falls from a height; workplace transport; Integrated Labour Inspectorate System. A musculo-skeletal disorders and work-re- tripartite consultative committee has been lated stress. Targets were included in the set up to defi ne future national priorities. strategy – by 2010 to cut deaths and major injuries by 10 per cent; reduce the rate of work-related ill-health by 20 per cent; and National OSH programmes to cut working days lost due to health and safety failure by 30 per cent. As we have seen, prog ress i n reduci ng occu- At lower levels, sectors and individual pational accidents and fatalities has slowed enterprises were encouraged to set their in many developed countries including in own targets in discussion with inspectors. Europe. The major gains in safety have now Some good progress has been made. For been achieved not least by new technology, example, in the quarrying sector, accidents automation and computer controls. It was have been reduced by 46 per cent since clear to a number of Western European 2000 in line with targets. policy-makers that if they were to stand Elsewhere targets are increasingly any chance of securing further signifi cant being promulgated worldwide to focus improvements, a wider holistic approach the attention of all national inputs, in- was needed, identifying priority areas for cluding inspections on securing safer attention and encouraging all those other and healthier workplaces. Denmark, for organizations able to contribute to these example currently has targets to reduce priorities, to move forward with a common serious accidents by 15 per cent, heavy agenda for the next few years. lifting risks by 15 per cent, monotonous In 2004, the British Health and Safety work risks by 10 per cent and exposure to Commission published a strategy for certain psychosocial risks by 5 per cent. In workplace health and safety to 2010 and Finland, the aim is to reduce the frequency beyond (HSE, 2004). This recognized the of accidents and occupational diseases by changing world of work, that Health and 40 per cent by 2010. Safety Executive (HSE) resources, including its inspectors, were spread too thinly over large parts of the workplace landscape Efficiency and effectiveness and needed to be targeted in priority areas where they could have most impact, and We have seen that major changes have that the traditional inspector interventions taken place in Western Europe in recent may be less effective when dealing with years in the health and safety enforcement health than when dealing with safety. A organizations. Tight resources, increased key element in the strategy was a recog- public expectation, increasing workloads

56 and some fundamental questioning of was enlarged in 2004 when Ireland, the principles and ways of working that have Netherlands and the United Kingdom ac- been traditionally followed by labour cepted an invitation to join the pilot project inspectorates for many decades, have – now covering eight countries. led to a number of initiatives being un- The latest scoreboard, produced in dertaken within inspectorates under the 2005, the fi rst from the enlarged group, general headings of increasing effi ciency shows the similarities and differences be- and maximizing impact of their work in tween the participating countries in their raising health and safety standards and work to implement the European strategy. reducing occupational accident and ill- The scoreboard focuses on eight strategic health statistics. objectives. ⅙ harmonization of statistics Nordic scoreboard ⅙ setting up of measurable targets ⅙ reduction of occupational accidents In all countries, health and safety promotion, inspection and investigation have ⅙ reduction of musculo-skeletal disor- evolved in line with national traditions ders and culture and priorities. Countries of ⅙ combating work-related stress Western Europe were no different in that respect and to some degree this remains ⅙ reduction in exposure from chemical even within the framework of European agents Union membership legislation and strat- ⅙ productivity and economy egies. Changes take place usually in a piecemeal way annually, and whilst the ⅙ preventive potential – the potential a work of organizations such as the SLIC and country has for developing and main- the European Agency for Safety and Health taining an improved environment. at Work in Bilbao allow a greater insight into the working methods, priorities and Similarities can be seen in all or most coun- achievements of other national health and tries – a decreasing ten-year trend of occu- safety inspectorates, it is now recognized pational accidents including fatal accidents that systematic benchmarking with other in the sectors with the highest accident countries can deliver signifi cant benefi ts in incidence rates (construction, mining and both effi ciency and effectiveness. quarrying and manufacturing); priority This is likely to have been in the minds areas for the strategy (construction, manu- of the directors general from the national facturing, agriculture); and priority areas labour inspection authorities in the Nordic in lifting heavy loads (construction, health Countries when, in 2002, they agreed to services, manufacturing). Elsewhere there start work on an international scoreboard are some noticeable differences, for exam- on national policies concerning health ple, the ten-year trend of work related upper and safety at work (EASHW, 2004). It was limb disorders (increasing in 3 countries, not intended that the scoreboard would decreasing in 3 countries). cover all health and safety activities, but The Preventive Potential is assessed that it should be linked to the 2002 Eu- under four headings – labour inspection, ropean Commission initiative “Adapting building partnership, developing meas- to change in work and society: a new ures at enterprise level, and the capacity Community strategy on health and safety for anticipating emerging risks – and is at work 2002-2006”. It could therefore be an attempt to illustrate how different ap- revised to refl ect changing national priori- proaches at high level contribute to an ties consistent with the strategy. overall culture of prevention. The initial membership of Denmark, For each headi ng, responses to a nu mber Finland, Iceland, Norway and Sweden of questions are scored and represented on

57 the axes of a 360 degree diagram allowing skills are required for this in comparison policy and priority differences between to handling a machine-guarding issue. countries to be easily identifi ed for subse- In parallel with a growing range of oc- quent analysis. cupational ill-health prevention initiatives has been a recognition that we will not always be successful in preventing cases The occupational health agenda of stress and musculo-skeletal disorders. More is being done by inspectors and reg- One of the biggest changes to the day-to- ulatory specialists to help those affected in day work of health and safety inspectors such cases to recover and return to work. in recent years in a number of countries In Finland, a national action pro- has been in giving more prominence to gramme (VETO) on extending working occupational health. Traditionally, inspec- life, well-being at work and rehabilitation tors spent most of their time on safety is- is addressing the need to have a healthy sues, machine guarding, preventing falls, and at-work workforce. The four-year pro- making power-presses and workplace gramme aims to promote the attractive- transport safer, preventing explosions, etc. ness of work and working life, with the Most had an engineering solution. There high-level objectives of: were exceptions, of course, perhaps more ⅙ extending working life by 2-3 years by notably with asbestos, but that was the 2010 general picture – important work yielding major reductions in accidents, and where ⅙ reducing absences due to illness by the benefi ts could quickly be seen. 15 per cent, in addition to the overall Ill health was viewed as being related 40 per cent reduction target in the fre- to toxic substances, and recent years have quency of accidents and occupational seen an exponential growth in chemicals, diseases at work. together with sophisticated analytical equipment to detect their presence. The reality, however, is that the biggest contribu- Innovation tors to work-related ill health are stress and musculoskeletal disorders. Between 1990 The drive across Europe for greater effi - and 2002, the number of people in Europe ciency and impact in OSH inspection as reported as suffering from work-related part of trying to reduce the accident and stress more than doubled. Scandinavian occupational ill-health statistical “plateau” countries have been at the forefront in has encouraged operational policy-makers tackling this as an occupational health to attempt different initiatives to see if they issue and have been sharing their experi- make a health and safety difference. Some, ences with other national inspectorates. involving concentrating on a few key pri- Gradually, guidance is being published orities rather than attempting to spread advising managers how to carry out risk inspector resources over the full range of assessments of their workplaces (HSE, workplaces, have already been described. 2005). This guidance, or voluntary stand- In Britain as elsewhere, agriculture ards, cover six key aspects of work that, contributes one of the highest accident if properly managed, can help to reduce rates of any sector with some 50 workers work-related stress. These ‘stress factors’ killed each year or around 10 deaths for include areas such as whether employees every 100,000 workers. are able to cope with the demands of their The industry includes a large number job whether employees receive adequate of small farms often with only family as information and support in their work. workers, representing a challenge to in- Inspectors are beginning to be more spectors in communicating with “small” confi dent in probing these issues during farmers and in visiting their workplaces. their inspections but different professional In recent years the Health and Safety Exec-

58 utive have organized a rolling programme Conclusions of Safety Awareness Days in partnership with the social partners, agricultural train- Major changes in the world of work have ers and the insurance industry to inform required health and safety inspectorates in farmers of ways to eliminate or mitigate Western Europe as elsewhere to respond the threats that their workplaces bring to in order to remain relevant to those in the their health and safety. Small farmers are workplace, to the public, to other stakehold- invited to half-day events as an alternative ers and to ministers. These inspectorates to an inspection (providing there has not need now to be much more fl exible, able to been an accident) and attend in large num- direct resources speedily to emerging new bers. Qualifi ed industry trainers present challenges, and need to be clear about their practical demonstrations on, for example, priorities in making most impact on health falls from height, all-terrain vehicles, and safety performance in the workplace manual handling. Post-event independent with the resources that are available. evaluation has shown that most of those Alliances need to be established be- attending undertake safety improvements tween inspectorates and other organ- on their farm as a result of the event. izations able to make a contribution to a Elsewhere, in Northern Ireland, their national plan for improvement, which now inspectorate has undertaken a series of increasingly includes numerical targets. “focused inspection campaigns” since Inspectorates are now being expected 2000 directed at falls from height in the to be able to demonstrate what they are construction industry. The press, television achieving and to evaluate and bench- and radio services have been involved with mark their performance and effectiveness advanced warning going to the industry against guidelines and their counterparts – all aimed at securing better standards. in other countries. Over the period of these campaigns, the Perhaps, most encouragingly, the fi rst percentage of sites requiring enforcement decade of the new millennium is turning action because of non-compliance with ac- out to be a time for innovation in regula- ceptable standards more than halved. tory health and safety fi eldwork, in trying A common issue amongst inspectorates out new ideas which are then evaluated is the balance of time inspectors utilize in – rejecting the unsuccessful and taking giving advice as compared with undertak- forward those that work, all the time ing inspections and investigations. learning from the successes of others. It is In the Netherlands, their inspectorate indeed an interesting and exciting time to has restructured in recent years to refl ect be a health and safety inspector! a new approach to the provision of health and safety information. Under the revised References arrangements, the labour inspectorate issues information on legislation and com- EASHW 2004: European Agency for Safety and mon problems mainly via its web site and, Health at Work, Electronic Newsletter, OSH- to a lesser extent, in information notes. Em- mail 44/2004. ployers are required to have independent ILO 2002a: Labour inspection – A guide to the profession, ILO, Geneva, 2002. access to information through mandatory ILO 2002b: Audit of the labour inspection system of membership of an occupational safety and the Grand Duchy of Luxembourg. health service. Where companies require HSE 2004: Health and Safety Executive, United King- more detailed advice, the labour inspector- dom, A Strategy for Workplace Health and Safety in ate refers them to this service, so freeing Great Britain to 2010 and Beyond. up more of their time for inspection and HSE 2005: Tackling Stress – The Management Standards investigation. Approach, 2005.

59 Labour inspection in Russia and the CIS

The countries of the former Soviet Union inherited a complex labour inspection system. In some cases, it evolved during the transition. In others, it collapsed. Today, labour inspectors in the region face restrictions and bureaucracy. And unions’ safety role is in a state of flux. Adoption of the ILO Guidelines on occupational safety and health management systems promises change for the better.

Wiking Husberg ILO Moscow

he disintegration of the Soviet Union training, inspection and monitoring; Tled to the breakdown of the overall as well as OSH management systems occupational safety and health (OSH) ad- at enterprise level in the nine new ministration, at both the national and the independent States in the SRO for the enterprise level, to the transfer of labour Eastern Europe and Central Asian inspection from the trade unions to gov- region ernment, to the termination of the social ⅙ re-establishment of accident compen- protection functions of enterprises, includ- sation systems with a preventive and ing occupational accident and disease com- advisory approach pensation and later to a legal reassignment ⅙ awareness raising and increasing of OSH responsibilities to the employer, knowledge to upgrade the understand- while the ministerial-industrial chain of ing of good working conditions and the OSH responsibility was terminated. link between high safety and produc- After the cut-back of all “non-productivity. tive” services, such as safety departments, safety engineers, etc., in the hunt for quick Now working conditions have been profi ts in the early 1990s, working condi- placed higher on the political agenda, tions in the CIS countries, including Rus- although confl icting trends can be seen: sia, have been a major concern. More than Kazakhstan has adopted a new OSH law; 8,500 fatal accidents per year are reported it has reviewed the national OSH system in the CIS countries. The life expectancy of, and has developed a national programme especially, the male population has fallen to improve working conditions. Georgia, drastically in the last ten years. In Russia, at the other extreme, has limited the access it is now less than 60 years. The under- of the labour inspection to enterprises. A reporting of accidents is huge, especially court decision is needed before the labour among small and medium-size enterprises inspector can get access to the workplace. and in the informal sector. Furthermore, the number of inspectors The three major OSH challenges in the will be cut in 2006 from over 40 inspectors CIS countries, especially in the new States, to a total of fi ve inspectors. stem from this background. They are: ⅙ re-creation and upgrading of the national, regional and enterprise-level OSH system, including legislation, implementation, information and

60 Basic principles of modernization Merger in Russia The basic principles for the moderniza- Two Russian ministries were merged into the tion of the OSH system, including labour Ministry of Health and Social Development inspection, in the CIS countries are: in 2004. In the ensuing reorganization, the ⅙ Federal Labour and Employment Service was The approach of the labour inspection created, of which the Russian labour inspec- and the OSH specialists should be torate is part. based on prevention, that is, the prior- The Russian inspectorate is divided into ity shall be the elimination of hazards safety and health inspection and legal inspection (conditions of employment). The and prevention of risks, rather than staff has been reduced by one-third, and on compensation in cash or kind for now consists of about 3,500 inspectors. It has health impairment due to working in a federal structure, with the central head- poor conditions. quarters providing detailed guidance to the inspectors in the regions. The numbers of ⅙ Control and enforcement of OSH leg- inspectors in each region depends on the islation is the sole task of government number of workplaces to be inspected. The national management of the inspec- inspectors. torate, and the work methods and approach ⅙ Effective implementation of practical of the inspectors, are under review. It is intended to modernize the inspectorate, in improvements in working conditions consultation with the ILO. The inspectorate at enterprises can only be achieved will focus on information and promotion, through worker-employer coopera- motivation of the employers to understand tion, that is, through social dialogue the economic benefits of safe working conditions and an advisory approach. Simulta- in safety committees. neously, some regions of Russia are planning ⅙ The labour inspectors need primarily to promote the introduction of the ILO OSH management system in major and medium to take an advisory approach in com- enterprises. These two developments are municating with the social partners mutually supportive. at the enterprises, while maintaining the necessary powers of sanction as a secondary back-up option.

ions were responsible for safety inspections. Russian terminology and institutions In some CIS countries, the social inspector became the precursor of elected workers’ Russian terminology on OSH and labour safety and health representative, as deﬁ ned inspection does not have precise English in the Occupational Safety and Health Con- equivalents, and the responsibilities for vention, 1981 (No. 155). In others the social inspections are divided up in a particu- inspector system has been abolished. lar way. Safe working conditions and accident prevention are the sphere of the State Labour Inspectorate, which also The Kazakhstan example: inspects employment conditions. Oc- OSH-related inspection services cupational health and the prevention of occupational diseases are handled by the State labour inspectorate. The State la- Sanitary Inspectorate. Machine safety is bour inspectorate in Kazakhstan looks the task of the Mining Inspectorate (tech- both at labour relations issues (conditions nical inspectorate). of employment/legal inspection) and at However, the terminology in the Rus- occupational safety and health (labour sian Federation is changing, due to reor- protection). ganization. In 1993, the the newly independent Ka- The social (community) inspector is a zakhstan created a vertical structure for survival from Soviet times, when the un- the state inspectorate. Since 2001, regional

61 offi ces of the Ministry of Labour and Social Protection were created in order to enforce ILO Audit the legislation on labour and labour protec- The ILO conducted a labour inspection audit tion. In Kazakhstan, the labour inspection of the Kazakh inspectorate in December units in the regions are a part of the ter- 2004. The audit report was discussed at a ritorial bodies called the Departments of tripartite seminar in Taraz in October 2004, the Ministry of Labour and Social Protec- with Chief Labour Inspectors from Central Asia participating to share knowledge. tion. Each of the 14 regions has a regional The ILO’s recommendations in the re- inspectorate, as do the cities of Almaty and port were approved not only by the Minis- Astana. try, but also by the Prime Minister. The Pre- In July 2001, the Republic of Kazak hstan mier pointed out that Kazakhstan has to have independent government inspectors, ratifi ed the Labour Inspection Convention, and its inspectorate needs to have the re- 1947 (No. 81) and the Labour Inspection sources and rights defined in ILO Convention (Agriculture) Convention, 1969 (No. 129). No. 81. Equally, the national OSH system, in- Sanitary inspectorate (SanEpidNad- cluding social partnership and dialogue in zor). The State sanitary and epidemiologi- the form of safety committees, needs to be reshaped. Workers’ safety representatives cal service, under the Ministry of Health, should be part of the social dialogue. performs sanitary inspections of enterprises. The service is concerned with the population’s health “from birth to death”, including working life. The service has 16 regional inspector- order to identify the symptoms of oc- ates and over 230 sanitary-epidemiologi- cupational diseases. The workers should cal centres in the communities and cities. then be sent to hospital for diagnosis and Additionally, big enterprises can have treatment. However, this is possible only sanitary departments and sanitary doc- with the agreement of the employer. tors. The sanitary inspectorate focuses The restrictions on all government more on small and medium enterprises. inspectors’ access to workplaces in Ka- The sanitary service drafts regulations on zakhstan and several other CIS countries public health, occupational health, ecologi- prevents the sanitary inspection from car- cal issues, chemical threshold limit values rying out its tasks. (TLVs), etc., which are also utilized by the Technical (mining) inspection (Gos- labour inspection. GorTechNadzor). State supervision of tech- The sanitary norms on occupational nical safety in industry and mining is con- health relate to advance review of indus- ducted by inspectors from the Emergency trial facilities, informing new employers, Situations Agency. The Kazakh agency is provision of personal protection equip- under the Ministry of Emergency Situations ment, inspection of sanitary facilities, and has 450 inspectors in the 14 regions, in initial and regular medical examinations, addition to Astana and Almaty. etc. Advance inspection of building sites The inspectorate focuses on “industrial includes their location and design as well safety”, which in the Russian terminology as compliance with sanitary and welfare and Kazakh context means technical safety requirements. (technical installations and technological The objective of the sanitary inspection processes) and a selection of enterprises in is the improvement of labour conditions at hazardous industries, such as: working premises and the implementation ⅙ Lifting appliances (registration and an- of preventive medical measures to reduce nual testing) the number of occupational diseases. ⅙ Identifi cation of the latter is a particular Oil operations at sea problem. ⅙ High-risk industries, such as mining, The inspectorate’s duty is to perform gas, metalworking, chemicals, explo- medical examinations (surveillance) in sives and nuclear energy

62 ⅙ fi re protection and boiler inspection ⅙ if the recommendations are ignored, (these are included in Kazakhstan, but they can be forwarded to the govern- fi re inspection in particular is a sep- ment inspector, who has the right to arate entity in other CIS countries). apply sanctions ⅙ in the case of an accident, the social The agency’s duties include drafting of (trade union) inspector has to take part regulations, supervision of technical in- in the investigation. stallations or enterprises and investigation of occupational accidents caused by equip- The presently unclear concept and duties ment or technological processes. Joint of the social inspector in some CIS coun- (“complex”) inspections are carried out tries should preferably be converted into with the labour and sanitary inspectorates those of a workers’ safety representative as and the trade union social inspectors. In- defi ned in ILO Convention 155 (especially vestigations of the technical causes of oc- Art. 19 and 20) and Recommendation cupational accidents occupy a substantial 164 (especially Art. 12). The mandatory time of the agency’s resources. creation of safety committees in enterprises of a certain size would enhance and streamline the social dialogue in OSH in Social (community) line with the ILO Conventions and Recom- inspector system mendations, as well as with the Common Principles of the European Union. The concept of social (community) inspectors stems from the Soviet system, where the trade unions carried the whole Restrictions responsibility for enforcing safety legisla- on labour inspection tion. Offi cial safety inspectors with full inspection and sanction powers were The labour inspection system in the CIS employed by the national trade unions. countries has some obstacles preventing The trade unions in the individual enter- effective functioning. These restrictions prises elected/appointed social inspectors are in confl ict with ILO Convention No. 81, (unpaid voluntary workers) to supplement as they violate the workers’ right to inde- this coverage. pendent inspection and enforcement of Some social inspectors see their role as their working conditions. identical to that of government inspectors, The situation differs from country to but without the power to impose sanctions. country, although there seems to be a trend Others see themselves as worker-elected towards limiting government inspections safety representatives in the “European” in general. Reasons given for these restric- sense (an elected worker representing the tions include “the fi ght against corruption” workforce in the social dialogue with the or “enterprise development”. However, the employer aimed at the improvement of limitation of workers’ right to safe working working conditions). conditions is unacceptable. The tasks and practical duties of a social Some countries have placed severe re- inspector may be explained as follows: striction on the free access of State inspec- ⅙ the social inspector has free access tion services. For example: to workplaces where there is a trade ⅙ The various inspection services have to union provide a list of planned inspections in ⅙ he/she has the right to make recom- advance for government approval. mendations to the management of the ⅙ Large enterprises can be inspected only enterprise once a year by the labour inspectorate. ⅙ he/she can note infringements in the ⅙ Small and medium-sized enterprise journal of the enterprise can be inspected only once every three

63 years, and must be informed in writing two weeks in advance of the inspection. Case: Georgia ⅙ Court approval is required before every The access of labour and technical inspectors inspection. to workplaces has been severely restricted in Georgia ever since 2002. The inspectors Such restrictions contravene the ILO Con- must, according to a government decision, vention No. 81, which many countries seek court approval before performing a normal inspection of working conditions. have ratifi ed. The Convention requires Inspectors can visit a workplace after an ac- that “Labour inspectors provided with cident has occurred and been reported to proper credentials shall be empowered to them, but they then have to report to the enter freely and without previous notice at court after the inspection. This has led to a drastic fall in the number any hour of the day or night any workplace of inspections. Simultaneously, numerous se- liable to inspection” (Art. 12). vere accidents and even deaths at work are In some countries, inspectorates are occurring, such as the collapse of the big- also required to waste a lot of time on gest tower crane used at the construction non-productive administrative work. Ob- site of the cathedral in Georgia in 2002, kill- ing two workers. taining all the necessary documents and The new government, installed after stamps for an inspection demands 2-3 the revolution, has made the situation even work-days over a period of several weeks, worse. Cuts in the labour inspection budget whereas an inspection normally takes half mean that the number of inspectors in Geor- gia may decrease from over 40 to only five a day. Any necessary follow-up in hazard- in 2006. ous work places is impossible due to the restrictions. The process of obtaining an inspection “permit” in one country was described as follows: Other ineffi ciencies also hamper efforts to ensure safe workplaces. For example: 1. An enterprise is selected for an inspection. ⅙ The focus on administrative fi nes to “stimulate” employers to eliminate vio- 2. The inspector has to fi ll in a form defi n- lations is not effective (payment of coming the time period of the inspection, pensation and fi nes is cheaper for the including contact and fi nancial infor- employer than technical improvement). mation on the enterprise, which may take days to fi nd. ⅙ The above, combined with the restricted number of visits to each enterprise, 3. The Regional Chief Labour Inspector means that the labour inspectorate has to approve and stamp the form. carries out one inspection in isolation, 4. The form is taken to the Prosecutor’s issues some orders, hands out some offi ce, where it is stamped. This stamp administrative fi nes, which seldom in- grants access to the enterprise for one crease the motivation of the employer, inspection only, during the short time and then leaves the enterprise alone period specifi ed. over the following years. 5. Small and medium-sized enterprises ⅙ The under-reporting of accidents, and additionally need to be informed two the administrative and legal obstacles weeks in advance in writing; the signed to defi ning and compensating occupa- receipt for this information needs to be tional accidents and diseases, create a produced for the prosecutor. feeling that the scope of the OSH problem is smaller than in reality. 6. The inspection report, specifying the requirements made of the enterprise ⅙ Compensation for poor working con- and the amount of any fi nes, has to be ditions is a disincentive to improve- sent back to the Prosecutor’s offi ce. ment.

64 New ILO methodology effectively utilizing the World Day for Safety and Health at Work (28 April), is The new ILO methodology, approved at an essential component.1 the International Labour Conference 2005, Some countries in the region have gone for a systematic approach to improvement through this process; their experience will of OSH systems is particularly important be used as examples. The overall objec- for the newly independent states of the tive of the project is to create a preventive former Soviet Union, which are rebuilding safety and health culture at workplaces their national OSH systems. and improve working conditions through The ILO methodology starts with a a systematic national approach. situational analysis, a national OSH profi le, ILO-OSH 2005, the guidelines for a to establish the baseline agreed with the management system, is applicable at both three constituents. In a national learning national and enterprise level. The enterprise process, this profi le is used to develop a application is not a new one for the CIS coun- national OSH programme, defi ning priori- tries, which used a corresponding stand- ties, national resources and realistic needs ard for enterprise management systems. for donor funding. The effective function- Major enterprises that have contacts ing of labour inspections is a crucial part with multinationals have created enter- of the programme, which will function as a prise OSH management systems. In such blueprint for future technical collaboration. cases, the general manager, the safety The learning process includes a specialists, the training department and translation programme, the creation of a the workers’ safety representative in the national OSH information and training workshop are all committed to good OSH centre, linked up with the international standards. These enterprises see interna- ILO/CIS network and capacity-building tional certifi cation of their OSH manage- for national professionals. General aware- ment system as crucial for their business. ness raising to start creating a preventive This case example shows that the ILO safety culture and health at workplaces, Guidelines on occupational safety and

Case: Good practice – OSH management system in a major heavy-industry enterprise In a case study, the preventive approach included training of all staff in safe work methods, medical surveillance and care facilities, internal planning and supervision of safe working conditions, organized safety meetings and general assemblies. Special attention was paid to high-risk work and the internal accident investigation system. The review of safe working conditions was performed within a multi-level system: daily checks by a worker and a supervisor before the shift starts, weekly inspection by a departmental head, monthly inspection by production engineers, bi-monthly inspection by the general plant OSH committee (management, OSH department and inspection services). The enterprises’ OSH plan is based on an active preventive approach; focusing on elimination of hazards and harmful working conditions and rehabilitation of working facilities, specific attention is paid to improving women’s working conditions, as well as production culture and good housekeeping. The preventive and systematic approach to OSH management has been successful. The level of fatalities in the heavy engineering enterprise studied decreased from around ten fatal accidents a year in the mid-1990s to 1-2 fatalities in the early 2000s. The enterprise is in practice applying the ILO guidelines on occupational safety and health management systems with very successful results. The visited workshop confirmed that the workers’ safety representative is involved in the daily OSH work and has an active and preventive approach to improved working conditions, in contrast to the “policing approach” of some social inspectors, which more or less duplicates the work of state labour inspectors.

65 Case: Armenia Reforms in Armenia have resulted in rapid economic growth. However, this has not been balanced with an adequate social protection policy for labour rights and working conditions. Furthermore, supervisory mechanisms were non-existent, leaving the workforce very vulnerable (particularly in view of high unemployment). The Armenian Parliament approved a new Labour Code, which is expected substantially to improve labour and OSH legislation. However, the country had not had a functioning labour inspectorate since the breakdown of the Soviet Union. The Ministry of Labour has defined as one of the highest priorities of technical cooperation the creation and development of a labour inspectorate to monitor employment and working conditions. In parallel with this process, Armenia is in the process of ratifying 21 ILO Conventions, including the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17) and the Labour Inspection Convention, 1947 (No. 81). The Ministry and the social partners have identified labour inspection as one of the first priorities for cooperation with the ILO over the next few years. However, the employers’ organization has been concerned about the creation of a labour inspectorate, fearing that it may only increase the number of inspection systems. It was therefore important for the ministry and the labour inspectorate to include social partnership in the overall system, to provide information and training and to take an advisory approach. These are all crucial elements of the national labour protection system, and they accord with the main ILO principles. In 2005, Armenia created the first labour inspectorate that the country has seen for 12 years. It consists of a central office and regional offices, totalling about 140 inspectors (a central unit, ten regions and the capital). The new Labour Code includes a chapter on OSH, but no related regulations. Employers will have a grace period of two years to implement the requirements. This period should be used effectively to consolidate the inspectorate, to improve the competence of its staff and to improve its capacity to provide information, advice and training.

health management systems, including a The process of modernizing labour in- preventive approach and workers’ partici- spection is long and painstaking. However, pation, can be and are applied in the CIS the network of experienced and dedicated countries to support labour inspections. labour inspectors combined with the polit- The current review of management ical support of ministers of labour is leading standards in Russia and Kazakhstan, aim- to improvements in the region. Moderni- ing at full harmonization with ILO-OSH zation of the labour inspectorate is going 2001, is strongly supporting this process. on, for example, in Armenia, Kazakhstan, Russia and Uzbekistan. The support of the international OSH community is needed. Changing trends

Decent, safe work is moving higher up Note the political agenda in the CIS countries. The growing number of countries and 1 In 2003, the ILO began to observe World Day organizations observing World Day for for Safety and Health at Work stressing the preven- Safety and Health at Work on 28 April is tion of illness and accidents at work and underlining its traditional strengths of tripartism and social dia- an indication of this. Another encouraging logue. 28 April is also a day the world’s trade union example directly related to labour inspec- movement has long associated with commemorating tion is the developments in Armenia. victims of occupational accidents and disease.

66 Integrated labour inspection systems

Integrated labour inspection systems: The strategy of the ILO

With the rise in globalization and the growth of the world economy, the need for a comprehensive strategy for the implementation of the Integrated Labour Inspection System (ILIS) is apparent. The implementation of this concept requires closely collaborating with employers and trade unions.

Gerd Albracht * Coordinator Development of Labour Inspection Systems ILO InFocus programme on Safety and Health at Work and the Environment (SafeWork) Geneva

abour inspection, one of the funda- The role of integrated labour L mental instruments geared towards inspection systems ensuring decent work, is today faced with a whole host of challenges. Basic changes An integrated labour inspection approach in the world of work have caused labour is a “holistic coherent while fl exible concept market fragmentation, deregulation, and that contains elements, such as: adminis- privatization. With the rise in globaliza- trative integration, procedural integration tion and the growth of the world economy, and technical integration (multidiscipli- the need for a comprehensive strategy for narity)”. It also aims at centring the exist- the implementation of the Integrated La- ing resources, providing better services bour Inspection System (ILIS) is apparent. and increasing the presence of inspectors There are a great number of problems that at the workplace. The implementation of have arisen in recent years: the HIV/AIDS this concept requires closely collaborating crisis, rise in psychosocial maladies, poor with employers and trade unions. Most treatment of migrant workers, use of child activities of enforcement and legal require- labour and forced labour, and many oth- ment control are related to the shop-fl oor ers. These problems can be lessened with collaboration itself, as the management the enhanced coordination and support system at the enterprise and the enterprise that would be provided by an ILIS. collaborative safety and health committees or safety representatives take care of the everyday action. The main focus of the ILIS is the integration of administrative, procedural and technical elements into a holistic, * The author wishes to express his special thanks coherent and fl exible formation. This to Bernd Treichel, Expert, ILO InFocus programme is accomplished on four levels: the op- on Safety and Health at Work and the Environment, Jan Weismüller, International Consultant and Joshua erational level, the sectoral strategic level, A. Seidman-Zager, Cornell University, for their help the member States strategic level, and the and comments in preparing this article. global policy level. This design provides a

67 large range of possibilities in dealing with and the government, the structure pro- the continuously emerging workplace and vides the widest possible knowledge base labour-related issues. The idea of ILIS is to and range of infl uence. Worker representa- raise worldwide and European awareness tives are able to provide important insight of the social dimension of the workplace. and technological assistance through this Social considerations must be given the structure. Only with the cooperation of same status as economic, fi nancial and these parties at both the national and environmental concerns in a holistic ap- international levels can we hope to imple- proach. The implementation of core labour ment real and lasting change. With the standards and the laws and regulations promotion of tripartitism and social dia- that give them effect at national level can logue, the implementation of effective and be signifi cantly enhanced if the capacities widespread ILIS will become a reality. and quality of national labour inspectorates are strengthened. Labour inspectors and their social partners have a crucial The four levels role to play because they are the only ones of ILIS implementation with the authority to access and impose changes directly in the workplace. The implementation of the ILIS system is The European Union (EU) and the ILO carried out over four levels. are, as strategic partners, committed to Global policy level. On the broadest developing a coherent and integrated ap- scale, ILIS must be implemented on the proach to resolving the social problems that global level through the ILO, UN, EU, and have arisen in the face of globalization. Both other regional structures and member promote the notion of “fair globalization” States. This is accomplished by devel- that goes hand in hand with the promo- oping Conventions, treaties, protocols, tion of social values, decent work, enforce- recommendations, and social directives. ment of labour standards, and the further These in turn form the ILIS Framework democratization of societies. The concept Convention and Standards for the ILO of fair globalization establishes a structure and the member States. On this level, ILIS for international trade, investment, fi nance, looks to promote social peace, a culture of and the movement of people while promot- well-being among workers, and the right ing equality among the parties involved. In to decent work. addition, fair globalization looks to develop Member States strategic level. On a an integrated economic and social agenda narrower scale, the member States must as well as policy coherence among global promote synergy among the key com- institutions. ponents of the labour system within the Looking back to the concept of the ILIS, framework of a holistic approach. The we can see that its goals are aligned with major actors in ILIS in member States are the notion of fair globalization. ILIS pro- the ministries, employers, unions, share- vides direction for the ideas that fair glo- holders, and social alliances. These groups balization presents. Increased coordination must work together to promote national among labour inspectorates, governments, tripartite committee to assess OSH and international organizations, and the social working conditions. They should linked partners as well as the integration of so- up to international and regional networks cial and economic concerns will provide that are designed to promote safety and a tremendous boon to the move towards health in the workplace, such as the Inter- fair globalization. national Association of Labour Inspection The fi rst step towards our eventual goal (IALI), the African regional labour adminis to promote tripartitism and social dia- istration centres (ARLAC in Harare and its logue. The tripartite structure provides the French-speaking counterpart, CRADAT, strongest design for effecting international in Yaounde), the International Network change. Composed of workers, employers of Labour Training Institutions (RIIFT),

68 the Asian regional programme for safety Legislative background and health (ASIA OSH) and the European Agency for Safety and Health at Work, The two ILO Conventions that are most based in Bilbao. integral to the vision of ILIS are the ILO Sectoral strategic level. The next stage priority Conventions: the Labour Inspec- is still more focused, looking to implement tion Convention, 1947 (No. 81) and the La- ILIS on the sectoral strategic level. It is in bour Inspection (Agriculture) Convention, this area that the ILO Conventions are 1969 (No. 129). These Conventions set out brought into focus. The Labour Inspection general principles and provide the univer- Convention, 1947 (No. 81) and the Labour sal framework for status, structure and Inspection (Agriculture) Convention, 1969 function of labour inspection. The goal (No. 129) are put into practice in local juris- of Convention No. 81 is the establishment dictions by competent authorities. of a labour inspection system in industry Operational level. Finally, the coordi- and commerce that is capable of enforcing nation of practical measures must be taken labour laws and closing holes that exist in into the fi eld. It is on this level that all of the current legal framework. Convention the work done on the upper levels comes No. 129 looks to realize similar goals in into play. These tasks are carried out by la- the agricultural sector. This system is de- bour inspectors, accredited control organ- signed with the purpose of enforcing laws izations, businesses and administrations, and investigating complaints through enterprise OSH services, worker repre- labour inspection. It also provides tech- sentatives, and others. Labour inspection nical support to employers, workers and plays its most important role on this level, organizations. National law and practice working to strengthen and support exist- shows that the functions entrusted to ing labour laws. At the operational level labour inspection are generally those en- the presence of inspectors in enterprises visaged by the instruments, securing the can be increased by integrating the in- enforcement of legal provisions relating to spectorate; e.g general inspectors’ visits, conditions of work and the protection of backed by specialist advice. The concept workers while engaged in their work. This of “one inspector(ate) – one enterprise” practical relevance of labour inspection in avoids several inspectors visiting the both developing and developed countries same enterprise, one after the other, often can and should be further developed, es- unaware of another colleague’s activities, pecially in view of the ILO’s Decent Work and can be considered as an effi cient and Agenda and the fact that labour inspection effective method, if backed by training. at the workplace can identify problems The Labour and Social Security Inspec- which require action at the national, leg- torate of Spain, for instance, can be con- islative level. sidered an integrative or generalist body, There are some important legal aspects dealing with not just health and safety at of ILIS. One is enforcement of national leg- work but all aspects of labour relations, in- islation on occupational safety and health cluding employment and social security.1 (OSH) and social protection issues, and the Maritime inspections provide a good other is to monitor core labour standards, example of an integrated inspection sys- which clearly goes beyond simply moni- tem within a particular sector. Besides the toring OSH standards. specifi c maritime requirements, inspec- Maintaining good OSH conditions at tors ensure compliance and enforcement the enterprise level needs relevant and ap- across all fi elds of labour legislation, e.g. propriate national legislation based on ILO minimum age requirements for seafar- standards to underpin them and a proper ers; conditions of employment; accom- enforcement mechanism to ensure the modation and food; health protection and protection of workers at the workplace. medical care; welfare and social security protection.2

69 New challenges for labour inspection To achieve the goals of the core labour standards, we must utilize a three-pillar The range of challenges presented by strategy. The three key aspects of this the rise in globalization is astounding. strategy are national and international Widespread poverty, increasingly lax organizations such as the ILO and OSH standards, the HIV/AIDS crisis, the WHO, corporations, and public-private continued use of child and forced labour, partnerships. the mistreatment of migrant workers, and The tripartite decision-making has the problems associated with informal three constituents: government, employer, economies are all challenges that ILIS can and worker representatives, and serves to help to reduce. give counsel with regard to global policy. The clear need for an improvement in Much of the responsibility for promoting worldwide OSH standards is illustrated health in the workplace lies on the com- by the 5,000 deaths that occur every day panies themselves. The promotion of a due to work-related accidents and diseases healthy workplace must be pursued from (Takala, 2005). The Global OSH strategy of within the company as well. Public-private the ILO, established in 2003 at the Inter- partnerships, a joint venture between a national Labour Conference, looks to pro- corporation and an international organi- mote workplace safety through prevention zation, take this strategy a step further, and tripartite cooperation. ILIS plays a key bringing the communicative capabilities role in this plan. The increased commu- of business into a union with tripartite nication and support that is provided by interests. ILIS serves to facilitate a steady ILIS creates synergy among the tripartite fl ow of information between the three pil- elements of the workplace. lars, keeping all parties informed of new Labour inspectorates can provide a developments in international policy and helping hand to employers in ensuring current labour statistics and trends. that their workplace is compliant with The use of forced labour is still present safety rules and regulations. They can also in society. The elimination of this preva- inform workers of the hazards that may lent phenomenon is one of the chief goals be present in the workplace. In addition, of ILIS in promoting decent work and fair they can provide the government arm of globalization. The major role that ILIS the tripartite structure with guidance in plays in this process is the enforcement of setting effective labour policy that pro- existing labour laws against forced labour. motes health and safety at the workplace. Inspectors should be involved, as forced To aid in this process, a ten-step plan has labour, and particularly traffi cking that been created with the idea to guide inspec- leads to forced labour, is both a criminal torates in policy formation by addressing act under the ILO Forced Labour Conven- the most common and important issues. tion, 1930 (No. 29) and a labour market These steps are outlined in detail in Ten issue. Increased workplace surveillance Steps for Strengthening Labour Inspection will lead to a decrease in the use of forced (Albracht, 2005). labour. For example, in Brazil, the number An important function of ILIS is to of labour inspectors in areas where forced monitor core labour standards. This labour is prevalent was increased. In 2003, goes beyond simply monitoring OSH over 4,900 workers were freed after the standards. Since they are located at the introduction of 150 new labour inspectors very inception of the value chain, labour and about 630 administrative proceedings inspectors are able to act as catalysts for regarding the use of forced labour. sustainable development. Some specifi c Another important issue is the treat- areas that deserve attention are the use ment of migrant workers. Foreign-born of forced labour, migrant workers, child immigrant and migrant workers com- labour and the effects of the informal monly represent 10 per cent of national economy on workers’ lives. workforces in many Western industrial-

70 ized countries, and increasingly across tive tools and production equipment, and Africa, Asia and the Americas. They often poor working conditions cause critical de- work in markets that are largely unregu- fi ciencies in this sector: low safety aware- lated. Migrant workers are often exposed ness, common occupational illnesses and to poor working conditions because of serious hazards. The implementation of their status as migrants as well as a lack ILIS would allow increased regulation of knowledge of the rules and regulations and education of the parties involved in in their host country. Labour inspectors the informal economy. The promotion of can perform several important functions decent work in the informal sector could as advocates for migrant workers. They be carried out through educational initia- can promote an understanding of the local tives to increase awareness of health and rules and regulations that extend to the safety issues, as well as casualties at work. jobs performed by the migrants as they However, labour inspectors should be suf- are being recruited. This will help mi- fi ciently trained with easy-to-use training grants understand the conditions that they ma nuals to play a n educat i ng role of cont rol will be submitting themselves to before and supervision in the informal economy. they start working. In addition, they can Labour inspection can thus build bridges identify fundamental drawbacks at their between the informal economy and decent roots, and work to ensure social justice. working conditions, via its instruments Inspection of workplaces where migrants and its ability to monitor compliance to are present or predominant may promote labour standards in the formal sector. equality of treatment, discourages ex- Another issue that has a major impact ploitation of foreign workers, and reduce on the workplace as well as the rest of incentives to hire irregular workers who the world is the HIV/AIDS crisis, where accept substandard conditions because of labour inspection is an indispensable part their vulnerable situation. of national strategies. The consequences Labour inspectors and ILIS have a of HIV/AIDS include absence from work, crucial role to play in the elimination of loss of skilled and experienced workers, child labour. Part of the Elimination of the reduced productivity, negative impact Worst Forms of Child Labour Convention, on economic growth, social protection 1999 (No. 182) is aimed at helping labour systems and health services under pres- inspectors fulfi l their vital role in this sure and, among other factors, discrimi- process. Labour inspectors must work to nation in employment and stigma at the enforce the laws against child labour, but workplace. Since part of the role of labour they also serve to advise various parties inspectors is to advise and assist govern- on this issue. ILIS serves to unite the min- ments, businesses and workers, it is also istries of education, social services, and imperative that they help inform them health with employers, workers, teachers, about the impact of HIV/AIDS on the and the community at large to work to- workplace, the risks related to the illness wards the common goal of ending child that can be easily avoided, and the role labour throughout the world. that these parties can play in stemming The informal economy accounts for the larger HIV/AIDS crisis. about half of the workers in the world and The fl exibility of ILIS is impressive in includes workers that are self-employed, that it is able to deal with such a wide va- work in a family-run business, and those riety of challenges. The promotion of ILIS who work in informal enterprises. There throughout the world will lead to a higher is a growing divide between a formal standard for workers’ rights and health global economy and the expansion of an and safety in the workplace. informal local economy in most societies. Social protection and employment issues are interwoven due to the manifold related risks. Low capital supply, the use of primi-

71 The role of ILIS of their duties. In turn, labour inspectors in the twenty-first century must be given, with the support of local and national governments, free access to A key question for international labour all workplaces, the right to investigate, inspection development, however, deals access to all information sources at the with how ILIS can be used in the future workplace, and the ability to apply sanc- as a necessary part of developing a de- tions where necessary. cent, humane, and functional world of A prominent example for strengthen- work. Effective enforcement of existing ing labour inspection at the national level labour laws is a prerequisite for improved is the French plan de modernisation et de working conditions. In order to promote développement de l’inspection du travail fair globalization effectively, decent work, introduced by Labour Minister Gérard and the core labour standards, we must Larcher on 9 March 2006. The French la- strengthen the capacities of ILIS. Labour bour inspectors have felt insecure since inspection must be promoted as a helpful two of their colleagues were murdered device rather than a hinderance. Jukka in 2004 and consequently, the ILO de- Takala, Director of the ILO SafeWork Pro- manded to establish far-reaching pre- gramme, said: ventative measures. France’s new concept aims at strengthening labour inspection The attitudes towards labour inspection in in implementing its objectives of improv- many parts of the world are infl uenced by ultra- ing quality, training and organisation. liberal business values. Labour inspectors are Of notable signifi cance is the intended often considered a nuisance to business opera- recruitment of personnel with 700 new tions. The fact of the matter is that inspectors are posts between 2007 and 2010, including in- following up on legal requirements: laws, rules spectors, controllers, engineers and health and regulations established by higher level au- professionals. Currently, 1400 functionar- thorities. In addition, inspectors provide valua- ies are employed within the French labour ble advice to enterprises enhancing better man- inspection system. agement and consequently productivity. A coherent national labour policy, successful social dialogue structures This statement illustrates that labour and processes with strong, independent inspection is not a mere technical tool, workers’ and employers’ organizations, but a vector for reform in the enterprises have the combined potential to support and at the same time a powerful political or strengthen labour inspection. Labour instrument for initiating change and tak- inspection systems have the clear man- ing innovations straight into the heart of date to enforce the law, but can also help business. identify laws that do not work in practice. The holistic approach of ILIS serves As labour inspectors obtain direct feed- to create a natural fl ow of information back from workers and employers on their throughout work-related institutions needs, they can identify legal lacunae and around the world. The ILO, the UN, and hence contribute to the shaping of a well- other international organizations develop functioning labour market. broad-based policy. With these policies, In an increasingly global economy, it the member States work to integrate labour is more crucial than ever that we work to inspection functions into their infrastruc- implement an effective ILIS. In the fast- ture with the help of a tripartite structure. paced modern world, social needs are Labour inspectors have the duty to ensure often placed behind economic needs. ILIS compliance with the policies developed on looks to elevate the importance of these the national level. They must also deal with needs in society at large. It is important emergencies, act competently and provide to remember that economic success hinges valuable advice to the social partners, on a healthy and productive workforce. and remain impartial during the course The loss in GDP resulting from the cost

72 of death and illness in the workforce is 2 ILO: Proposed consolidated maritime labour 20 times greater than all offi cial develop- Convention, Report I(1B), International Labour ment assistance to developing nations. The Conference, 94th (Maritime) session 2006, Geneva, 2005. total amount of these costs adds up to 4 per cent of the world’s GDP. This shows that the development of ILIS and increasing OSH standards in the workplace are not Bibliography helpful in simply a humane manner, but Albracht, Gerd; ILO/SafeWork (2005) Ten steps for they also can contribute towards improved strengthening labour inspection, International economic performance. Every worker has Labour Offi ce, Geneva, 2005. the right to a safe and healthy workplace, Takala, J.; ILO/SafeWork (2005) Introductory Re- and labour inspection can help to make port: Decent Work – Safe Work, International this a reality for all. Labour Offi ce, Geneva, 2005. Larcher, Gérard (2006) Plan de modernisation et de développement de l’inspection du travail, pre- Notes sented on 09 March 2006: http://www.travail. gouv.fr/IMG/pdf/DP_Plan_modernisation_in- 1 In Spain, employment and social security- pection_travail_mars06.pdf. related matters include: working hours, rest peri- Le portail de la cohésion sociale (2006) “Le plan ods, employment contracts, workers’ representative de modernisation et de développement de rights, employment of minors, strikes and lookouts; l’inspection du travail est lancé”: http://www. clandestine or illegal employment, migration and cohesionsociale.gouv.fr/presse/dossiers- employment of foreign nationals and social secu- presse/plan-modernisation-developpement- rity contributions. est-lance-761.html.

73 The ten steps for strengthening labour inspection

The ten steps for strengthening labour inspection give guidance on how to structure and develop a well-functioning labour inspectorate. These steps provide policy-makers and labour inspectors with a comprehensive overview of labour inspection practice, policy questions, training and inspection activities.

Bernd Treichel * Expert Development of Labour Inspection Systems ILO InFocus programme on Safety and Health at Work and the Environment (SafeWork) Geneva

he last few decades have brought rapid The ideal goal for strengthening the re- Tand dramatic change to the world’s sponse to social concerns in the workplace social and economic environment. As the is the promotion of the eight core labour global economy continues to thrive, the standards, the Occupational Safety and social element of the workplace is often Health (OSH) Standards, the Decent Work forgotten. Labour inspection presents a Agenda by raising awareness of OSH is- cogent and comprehensive solution to sues, and by helping countries design this problem. As a holistic approach, la- legislation and initiate programmes that bour inspection covers a broad range of promote a safe and healthy workplace. topics, extending its classical functions to An efﬁ cient and effective labour in- education and prevention. The span of its spectorate should be well funded, well reach allows it to promote synergy among staffed, and well organized. An integrated its functions, making it one of the best pos- inspection system is the best way to con- sible strategies for addressing the various duct inspections, using resources in the challenges relating to safety, health and most efﬁ cient way possible. Individual other issues at the workplace. inspectors are given all of the resources Labour inspection is an historic insti- they need in this system, thus reducing the tution that dates back to 1833. While its need for redundant inspections. effectiveness has improved over the years, The ten steps for strengthening la- there is room for further progress. As of bour inspection give guidance on how to now, labour inspection encompasses many structure and develop a well-functioning workplace issues, such as hours of work, labour inspectorate. These steps provide wages, safety, child labour, and labour policy-makers and labour inspectors with disputes. While this coverage is broad, not a comprehensive overview of labour in- all areas have effective labour inspection spection practice, policy questions, train- coverage. ing and inspection activities.

* The author wishes to express his special thanks to Jan Weismüller, international consultant and Joshua A. Seidman-Zager, Cornell University, for their help and comments in preparing this article.

74 Ten steps for strengthening 10. Other issues: Taking steps to curb cor- labour inspection ruption and other challenges that currently hinder the fi eld. 1. Creation of an appropriate structure and organization: Reshaping national The fi rst step in the process is the creation of labour policy, labour inspection policy an appropriate structure and organization. and human resource policy, internal This involves synchronizing the policies for policy and enforcement policy to come national labour standards, labour inspec- into parity with ILO core labour stand- tion, human resources, internal affairs, ards and the differing circumstances of and enforcement with the ILO core labour the individual member State. standards and the differing work environments in the countries in question. A solid 2. Better utilization of resources: Ensur- structure is essential to the proper func- ing, in case of resource shortages, that tioning of the Integrated Labour Inspection the ratio inspector per workpeople ac- System (ILIS). Once the national structure curately matches the fi nance allocation. is brought into line with the vision of la- 3. Introducing effective training: Devel- bour inspection outlined by these guiding oping a clear, specifi c, nation-tailored principles, focus can be laid on improving concept for effective training that leads the actual practice of labour inspection to a prevention-oriented integration of (ILO/IALI/Republic of Bulgaria, 2003). specialized and general inspectors. Resources are crucial to the success of labour inspection. As with any pro- 4. An active role for labour inspectors: gramme, it is necessary to provide labour Creating a three-fold role for the labour inspectorates with an appropriate amount inspector: supervisor, advisor and en- of resources. In addition, these resources forcement agent, with an overall mis- must be utilized in an effi cient manner. If sion of guidance. there are resource shortages, the ratio of in- 5. Integrating inspections: Trimming spectors to workers must match the budg- down specialist and general inspector- etary constraints of the system. That is to ates’ roles to allow for a “one inspector say, effective inspection can only occur if for one enterprise” mentality. the budget is not stretched too thin to train and deploy labour inspectors properly. 6. Publicizing inspection best practices: This leads to the next point of improve- Creating an inspection plan for fre- ment, the use of effective training meth- quency of inspections and prevention ods. These must be clear, specifi c, and na- strategies. tionally tailored concepts for training that 7. Ensuring tools for management sys- lead to prevention-oriented integration of tems and labour inspectors: Central- specialized and general inspectors. izing tools such as fi rm chemical data Labour inspectors must take on an ac- sheets, active research and on-the-job tive role at the workplace. According to training of important policy and cur- the Labour Inspection Convention, 1947 rent events issues. (No. 81), labour inspectors shall ensure compliance with legal provisions. These 8. Task-related issues: Fostering the im- can be achieved by assuming three types portant roles of social dialogue among of duties; supervisor, advisor, and enforce- other sectorial approaches. ment agent, with an overall mission of 9. Stressing networking: Providing guidance. Proper training is vital to the inspectorates with knowledge, train- process of strengthening labour inspection ing, fi nancial support and expertise since labour inspectors have such an im- through a steady-fl owing exchange of portant part in the promotion of workplace information with other organizations, safety and prevention. Not only do they like IALI or CIS. enforce labour laws in the workplace, but

75 they also work to improve safety though Labour inspection is a complex task, non-punitive means. Labour inspectorates and must be treated accordingly. Rather are frequently the only state authority with than fulfi lling the rigid role that comes to direct access to enforce labour laws in the mind when one thinks of inspections, it workplace. The role of labour inspectors is is a fl exible and versatile function. Every unique because they can deal with a variety enterprise has a different set of needs and of tasks in a broad scope while mainstream- workplace conditions, thus there are a dif- ing decent work activities into all of their ferent set of best practices for each one. An functions, programmes and activities. inspection plan, tailored to the individual The integration of labour inspection enterprises, branches and sectors, guiding functions increases effi ciency by improv- the way to prevention strategies and the ing the fl ow of information between appropriate frequency of inspections. inspectors and various related parties. Labour inspectors can deal with het- Inspectors with general skills should carry erogeneous issues at the workplace. This out labour inspections, and regionally or step broadens the view of OSH to cover nationally located specialists should per- labour administration, social dialogue, form specialized functions. HIV/AIDS, construction, mining, agri- A key element of effi cient operation of culture or the informal sector. This wide ILIS is the centralization of useful data and range of labour inspection tasks should be tools, such as research, on-the-job train- considered in their training and formation ing or chemical data sheets. The ability to programmes, keeping in mind that OSH is obtain applicable and up-to-date data, as at the very heart of labour inspection and an essential component of effective labour one of its primary duties. inspection, hinges on its easy accessibil- Finally, steps must be taken to deal ity. This provides a useful tool for labour with the issues such as transparency and inspection and management systems. anti-corruption that currently infl uence Without this capability, labour inspection the work of labour inspectors. In order for will never be as effective as possible. labour inspection to work properly, the In addition to the promotion of the fl ow inspectors must be able to work without of information on an intra-organizational fear of violent reprisal. In addition, due basis, it should also be promoted on an to the important nature of their work, inter-organizational level. Labour inspec- they must be able to carry out their duties torates should be provided with knowl- without being tempted by bribes. Sir C. edge, training, fi nancial support and ex- P. Srivastava, Former Secretary-General of pertise through a steady fl owing exchange the International Maritime Organization of information with other organizations said (Srivastava, 2001): and ILO departments, such as the Inter- Bribery presents moral and political challenges national Association of Labour Inspection and, in addition, extracts a heavy economic cost, (IALI), the International Programme on hindering the devlopment of trade and invest- the Elimination of Child Labour (IPEC), ment by raising transaction costs and distorting the International Occupational Safety the operation of free markets. It is especially and Health Information Centre (CIS), and damaging to developing countries since it di- SafeWork. In addition, labour inspector- verts needed assistance and increases the costs ates can team up with organizations on of that assistance. the national level, such as employer and worker organizations, insurance agencies, In addition, violent actions are carried and emergency services. The formation of out against labour inspectors from time to networks on this basis allows labour in- time. For example, in France, two labour spectors to access the best resources and inspectors were shot dead by a farmer as information available. It also allows all they were trying to inspect his farm in stakeholders to play a part in the labour Dordogne. This example shows that gov- inspection process. ernments and their social partners must

76 strengthen their resolve to make labour in- cial partners, insurance associations, local spection a stronger institution. In a general partners, etc.) and is considered as a coher- survey on inspection-related incidents and ent unit with a specifi c mandate. acts of violence perpetrated against labour The assessment process should enable inspectors in Europe, 23 out of the 25 par- an analysis of labour inspection systems ticipating countries replied that there have by setting realistic goals, and helping the been acts of violence against inspectors target nation meet them in an effi cient and (European Union, 2005). effective manner. This is accomplished by evaluating the inspection system, and highlighting the areas in which it could Active steps be improved. The assessment covers social and labour protection policies, past labour One of the objectives of SafeWork is to inspection efforts, and the objectives, prin- promote the ratifi cation of occupational ciples and structure of the labour inspec- safety and health Conventions, which tion system and others. provide the legal basis for the OSH system By enabling self-improvement, systems in ILO member States. This process is a audits help promote progress in a sustain- vital step on the path towards a stronger able fashion. The assessment process is labour inspection system. In 2002, the ILO primarily a decision-making aid, guided performed an audit on the labour inspec- by either ILO offi cials or experts with ILO torate in Luxembourg at their own request. support in a tripartite manner. This audit proved to be a great success. The development of a comprehensive Luxembourg followed the advice given, labour inspection web portal is a neces- and reorganized their labour inspector- sary step to strengthening labour inspec- ate to conform to the standards set in ILO tion. This web site will help increase the Conventions No. 81, 129, 155 and others. availability of information and the fl ow of Following this audit, the government information throughout the labour inspec- was able to reorganize their labour inspection system. The target group are labour torate to conform to a “management by inspectors, ILO constituents, offi cials from results” approach. This happened with the international organizations, individual help of the social partners of Luxembourg, workers, interest groups, and any others so that it could move towards the ratifi ca- who may be interested. tion of 21 ILO Conventions on occupational The idea behind this web site is to health and safety. The Minister of Labour promote labour inspection and all of its and Employment of Luxembourg, François heterogeneous fi elds of practice on a global Biltgen, said that “the audit has provided a scale. The portal provides hands-on solu- solid basis for the restructuring process of tions to the everyday problems that labour the labour inspectorate, and the ILO can also inspectors face, as well as a comprehen- provide very valuable input to EU member sive outline of the overall ILO strategy states.”1 This highlights the use of Conven- on labour inspection. The overall goal is tion No. 81 as a tool for development and the provision of a focal point for labour improvement of national labour inspection inspection for the target audience. It will systems. This Convention makes technical offer all crucial information relating to cooperation in the fi eld of occupational the topic of labour inspection, effectively safety and health a reality (ILO, 2005a). bringing together the content relevant to Audits are planned to streamline the the main labour inspection sources of- process of a nation’s labour inspection fered by international organizations and system. This process is intended to be a interest groups such as the Senior Labour systemic and functional analysis process Inspection Committee of Europe (SLIC) of the organization and management of a and the IALI. labour inspectorate and its key partners The Integrated Labour Inspection (for example of a ministry of labour, so- Training System (ILITS) is designed by

77 ILO/Safework to provide a comprehensive, Conclusion module-based training set for labour inspectors and other government offi cials re- Labour inspection is one of the most im- sponsible for the monitoring and improving portant institutions related to the fi eld of conditions in the workplace. The modules human rights and workplace health and would include policy development, teacher safety. In light of this, the provision of ad- training, social skills, work organization, equate resources to every labour inspector- specifi c sectors, social dialogue, and special ate is crucial to the promotion of the core training modules. This method underscores labour standards, decent work, and OSH the holistic approach that is intrinsic to the in the twenty-fi rst century. Labour inspec- Integrated Labour Inspection System on tion provides a comprehensive solution to the whole, utilizing a synergistic paradigm a wide variety of the problems that have to promote an enhanced knowledge of the arisen in response to globalization. The intricacies of the system among labour need to strengthen inspection systems has inspectors. Such a system is indispensable become apparent in recent years, and ef- to the success of any labour inspection forts such as the Scoreboard, the Ten Steps, programme as it promotes the training of ILO Audit Activities as well many other inspectors with the skills that they need progressive steps are necessary to succeed to carry out their duties with the utmost in the fi eld of labour inspection. In today’s competency. The training system will also dynamic world, strategies that strengthen allow inspectors to keep their skills up to labour inspection as an actor in the battle date as developments in research and the for decent work must be promoted – and workplace occur (ILO, 2005b). deserve our common support. The Scoreboard, developed by the Nordic Council of Ministers and Labour Inspectors, presents a new strategic ap- Note proach to the prevention of accidents at work. In the long run it aims at implement- 1 ILO Conference on “Integrated Labour Inspec- ing the European OSH Strategy at a nation Systems” in Luxembourg, 2005. tional level. The system is operated on the basis of voluntary participation. In order to get an overview of each country’s national References performance compared to international standards, the participants present reports ARLAC. 2005. Governing Council Meeting for Min- based on a questionnaire. This is used as isters and High Level Forum on the Role of La- bour Inspection in Development, Victoria Falls, the basis for a comparative analysis used Zimbabwe, 2005. to assess the conditions in each country. European Union. 2005. Inspection-related incidents and The Scoreboard is a tool for monitoring acts of violence perpetrated against labour inspectors constant and gradual improvements, rep- in Europe, Brussels. resenting the beginning of change on a ILO/IALI. 2003. Promoting Safety, Health and Decent national level (ILO/IALI, 2003). The idea is Work in Agriculture, Santo Domingo, Dominican to allow an easy comparison of improving Republic 19-21 Feb. 2003. or declining standards in the countries in- ILO/IALI/Republic of Bulgaria. 2003. Conference volved. This strategy has been somewhat Report: Integrating Labour Inspection: Functions, Effectiveness and Training, Geneva. successful in parts of Europe, and could be ILO. 2005a. Final Conclusions of Luxembourg Con- useful elsewhere as well. The Governing ference “Unity beyond Differences”, Geneva. Council of the African Regional Labour ILO/SafeWork. 2005b. Convention No. 81 and Administration Centre recently indicated No. 129; Brochure on Labour Inspection. Inter- its attempts to introduce a modifi ed ver- national Labour Offi ce, Geneva, 2005. sion of the scoreboard in English-speaking Srivastava, C. P. 2001. Corruption, Macmillan, African countries (ARLAC, 2005). Delhi.

78 The International Association of Labour Inspection

Cooperation among labour inspectors around the world is necessary to promote the most effective forms of labour inspection. IALI, as an internationally active and well established forum for labour inspection is one of the main pillars of the information exchange platform. IALI is also working on a global code of ethics for labour inspectors that will be implemented over the next three years.

Jan Weismüller International Consultant Joshua A. Seidman-Zager Cornell University

Offi cials should think in terms of a safe and IALI was founded in 1972 by representa- healthy working life rather than simply safety tives from France, Germany, Italy, Luxem- and health in the workplace – a more holistic bourg, Senegal and Switzerland with the approach that includes working conditions, in- overall aim of promoting professionalism dustrial relations and labour market issues. La- amongst labour inspectorates. It has an bour inspectors should continue to be creative in underlying philosophy that dignity and hu- their approaches and look out for new ideas in mane work conditions are an essential part national and international networks, such as the of a just society and that labour inspection International Association of Labour Inspection. has a vital part to play in achieving them. Membership is open to any labour inspec- Michele Patterson, President of the International torates within the meaning of the Labour Association of Labour Inspection Inspection Convention, 1947 (No. 81), associations of labour inspectorates and minis- he world has been changing at a rapid tries of labour. Since 1972, the Association Tpace over the last few decades. Glo- has grown from being a fairly small Euro- balization, changes in world politics, and pean-based association to a truly global one other key events have shaped the economic of 105 member organizations from almost and political climate into a dynamic entity. 90 countries around the world (IALI, 2005). The workplace, inextricably linked to these In promoting professional approaches, factors, has grown and changed in tandem. IALI transcends social, religious and polit- Workplace safety and health is at the fore- ical boundaries, and its neutral position is front of the important issues that must be essential to the success of its aim. dealt with as soon as possible. There are 270 million accidents in the workplace every year, and the frequency of psychosocial Objectives maladies is on the rise as well. In order to properly implement the core labour stand- The International Association of Labour ards developed by the ILO, labour inspec- Inspection has several major goals. The tion must be strengthened and promoted. organization looks to encourage a steady One of the most important organizations in fl ow of information between the member the fi eld of labour inspection is IALI. states through conferences and a regular

79 newsletter. This allows them to share effec- ognized IALI as a Non-Governmental tive techniques and best practices quickly Consultative Organization, which entitles and effi ciently. This dynamic environment IALI to observe at the International Labour helps speed up improvements in member Conference and to be consulted and to ad- countries, aiding them in the drive to vise the ILO on relevant topics. become more effective and effi cient. The organization therefore addresses a wide range of topics relevant to labour inspector- Challenges in a changing world ates, from occupational safety and health to illegal employment and from migrant IALI, as the main international body of workers and HIV/AIDS to forced labour labour inspectors, focuses on the princi- and child labour. pal challenges that have been emerging The latest research and information on over the last few decades in the context matters affecting the workplace, OSH, la- of globalization. IALI is committed to ad- bour laws, and labour inspection is spread dressing the latest developments that have to IALI constituents through various mean effect on the lives of global citizens diums such as the internet, reports, and through everyday work. publications. This, in conjunction with a Human rights, health, and safety cooperative environment is highly effective throughout the world have been strongly in promoting effective labour inspection affected by globalization in both positive strategies. IALI also works to encourage and negative ways. The secondary sector professional attitudes and work environ- has begun to relocate to developing na- ments among its members (IALI, 1999). tions, causing the use of more dangerous methods in the workplace. Trade unions and state-sponsored agencies, customarily Structure used to keep corporations in check, have started to face increasing diffi culties to do IALI is composed of three main bodies so as companies have grown past national – the General Assembly, the Executive boundaries. A combination of these fac- Committee, and the Secretariat that over- tors has led to an alarmingly high rate of sees the organization of annual confer- work-related fatalities. These have reached ences. It is at the General Assembly that a level of about 2.2 million per year, cost- IALI members meet formally together ing about 4 per cent of the global gross to discuss IALI’s business, to agree its domestic product (ILO/SafeWork, 2005a). budget and business plans for the next Globalization has a profound impact on three years, and to elect a new Executive the world of work. It has caused the growth Committee. The Executive Committee is of new forms of work, and has impacted made up of nine members, elected by the worker health in a serious way. Increased General Assembly, and the Committee stress in the workplace causes the devel- itself elects its own offi ce-holders – Presi- opment and spread of work-related health dent, Secretary-General and Treasurer. problems. It is crucial to remember that the The Executive Committee is responsible health of workers is just as important to the for organizing and managing IALI’s activ- current competitive business environment ities for the next three years, aided by the as it has been in the past. Secretariat. Such issues as child labour, forced The ILO is IALI’s most important part- labour, the informal economy, sexually ner, collaborating on labour inspection transmitted diseases and others have also initiatives through the Development of developed alongside globalization. These Inspection Systems group based within challenges are some of the most pressing the ILO’s In-Focus Programme for Safety issues at hand. The ILO has taken steps to and Health at Work and the Environment, curtail each of these through a variety of ‘SafeWork’. The ILO has formally rec- methods.

80 Two of the most important methods Strategy and solutions are labour inspection, and the handbooks developed for labour inspectors. This is an Due to the emerging challenges that stem extremely helpful tool for labour inspec- from globalization, it is important to focus tors that might have questions on how to on innovative solution-oriented instru- deal with this increasingly important prob- ments. For this reason, IALI is making a lem. Beyond the humane tragedy it causes, tremendous effort to keep up to date with HIV/AIDS also leads to many problems in the latest research in the fi eld of integrated the workplace including; production barri- labour inspection systems, benchmark ers, sunk costs, and many others. Effective projects in occupational safety and health, communication would also help to prevent as well as management methods for a rap- the spread of the illness, helping people idly changing work environment. deal with the problem successfully. IALI With the overarching goal of improv- tries to help labour inspectors hone their ing health and safety standards in the efforts in the fi ght against child labour workplace through labour inspection, across all sectors of the market. Targeted IALI has several key philosophies. A suc- labour inspection can help deal with forced cessful labour inspection system is vital to labour as well. A special inspection initia- the improvement of OSH standards and tive undertaken in Brazil was successful workplace conditions. Almost all mishaps in reducing forced labour by a substantial could be averted if rules were set in place degree (ILO/SafeWork, 2005b). and enforced and employers took meas- IALI, as the international network for ures to create a safe and healthy working labour inspectors can help spread infor- environment. IALI constantly works to mation, such as effective techniques for aid its member associations and institu- labour inspection, among the population tions by using labour inspection to help of labour inspectors around the world. The solve problems, steering infl uential parties ILO has collaborated with IALI to produce towards the goal of improved OSH stand- handbooks for labour inspectors on some ards and conditions in the workplace, of the above topics, information that IALI and encouraging cooperation and social is able to promulgate among its members. dialogue between different countries and For example, ILO Development of Labour organizations. Effective implementation of Inspection Systems unit, the ILO InFocus these strategies is necessary throughout programme on Safety and Health at Work the world in order to prevent the problems and the Environment and the InFocus that have been solved in one country from Programme on Child Labour produced moving to another. a law and practice report on Hazardous IALI addresses the emerging global Child Labour together with IALI in 2005. challenges with a scientifi c approach, in The law and practice report is intended for which member states meet on a tri-annual governments and employers’ and workers’ basis to discuss the latest developments associations in their task of developing a and innovations in the fi eld labour inspec- national list of hazardous child labour, as tion. The organization held a number of required by Article 4 of ILO Convention conferences on a variety of topics in the No. 182, concerning the Prohibition and past and will follow this tradition in the Immediate Action for the Elimination of future. the Worst Forms of Child labour, 1999. Spe- International experts in the fi eld of cifi cally, this report has been prepared as a labour inspection frequently meet on the background for a proposed ILO Tripartite occasion of contributing the latest develop- Meeting of Experts on Hazardous Child ments and experience to the international Labour (IALI/ILO, 2005). network of labour inspectors. Best practices and occupational safety and health management models were presented at the recently held 11th IALI Congress at the

81 International Labour Offi ce in Geneva in quires continuous restructuring of safety 2005. The overall theme was “Safe, Healthy and health policies as well as the entire and Decent Work: The role of labour in- organization. As a result of these changes, spection”. This conference was divided the institution has been upgraded to the into eight sessions covering the following national ministerial level. One of the main six sub-themes:1 tasks of the organization is to provide guidance to provincial and local safety supervi- ⅙ Challenges facing labour inspection in sors and assist them in the development of the twenty-fi rst century, effective supervision strategies. ⅙ Improving inspectors’ status, powers China has begun to open up to the and safety, possibility of cooperation on the technical level in an international framework. Of- ⅙ Innovative intervention strategies in in- fi cials are working with German experts dustrial relations, employment inspec- on fi refi ghting and gas control techniques tion and social standards protection, in mines in order to increase the safety ⅙ National programmes for occupational standards in these areas. Australia, Poland safety and health and the role of labour and the United States are partners for tech- inspectorates, nical cooperation in introducing a model of a mine with state-of-the-art technology ⅙ The implementation of occupational integrated within. safety and health programmes: chal- Gerd Albracht, Coordinator, Develop- lenges, strategies and experiences, ment of Labour Inspection Systems in ⅙ Occupational safety and health pro- the ILO, stressed in his presentation that grammes and strategies for specifi c labour inspectors must take on three roles sectors and risks. in the workplace. They act as supervisors, advisors, and enforcement agents, with Assane Diop, Executive Director responsi- an overall mission of guidance and also ble for the Social Protection Sector of the prevention. In light of intensifi ed glo- ILO, highlighted the importance of IALI balization inspectors are facing new chal- for the ILO. He stressed that IALI helps lenges, which calls for a strengthening of to be in contact and in tune with the de- labour inspectorates to support their new velopments in the fi eld, helps to contact roles and activities adequately. expertise, and fi nd cooperation for the IALI provides an international platform many programmes of the ILO. for the exchange of technical information IALI members around the world con- and the creation of collaborations between stantly develop new trends and insights member States. The mutual exchange of in thinking and approaching OSH issues. best practices and success stories leads to These are important for the development a win-win situation among participating of the ILO promotional framework on members. occupational safety and health. The ILO Paul Weber, newly elected Secretary- hopes that these will be implemented into General of IALI gave a speech on develop- a Convention and followed by recommen- ing integrated labour inspection systems. dations. He described the Luxembourg approach, For the fi rst time in IALI history, a Chi- detailing how to integrate its labour in- nese delegate, Shi Yanping, was elected to spection systems more effectively. This the executive committee. Ms. Yanping, the idea is based on a tripartite committee, as director of international coordination at well as a tripartite body for mediation. the state administration of work safety in Michele Patterson, President of IALI, China gave an impressive speech on imple- gave examples of how working conditions menting the national occupational safety in Australia and Asia had been improved and health programme in China. The fast through a mix of interventions. Nowa- development of the Chinese economy re- days, the whole supply chain of clothing

82 production is controlled by an ethical in Yaounde and other organizations. Con- code of conduct that goes beyond the vol- ferences could also be organized with the untary agreements between supply chain help of IALI’s partner organizations. The partners. In this holistic and creative ap- communicative capabilities of IALI could proach, labour inspectorates are given a be improved through the development clear and effective role. As a result of this of the web site to target new areas of the agreement, companies improved not only world such as Asia and Latin America. working conditions and injury rates, but This could be accomplished by publish- also fostered an increase in revenues and ing versions in a variety of languages in productivity as well. addition to those currently used. IALI is In addition, IALI was contributed to the also working on a global code of ethics for recent conference on “Fair Globalization labour inspectors that will be implemented – Safe Workplace Policies, Strategies and over the next three years. Practices for Sustainable Development”, organized by the ILO’s SafeWork/CIS Department. Over 200 participants from Conclusion more than 50 countries discussed strategies for reaching the goal of decent work Cooperation among labour inspectors for all through consolidated commitments around the world is necessary to promote at all levels and stronger labour inspec- the most effective forms of labour inspection services worldwide. Representatives tion. IALI, as an internationally active and from governments, workers and employ- well established forum for labour inspec- ers organizations and international or- tion is one of the main pillars of the infor- ganizations underlined the necessity of mation exchange. It provides experience new strategies and practices to achieve and expertise from long-standing knowl- the common goal of a fair globalization edge bases as well as the most up-to-date and safe workplaces for all. All parties sources. IALI, in close cooperation with involved stated that the opportunities of the ILO, has been able to address many globalization must extend to everyone, of the problems relevant to workplace in a and that progress in social protection mat- holistic way. They have achieved this in a ters such as occupational health and safety variety of ways, creating new partnerships, is necessary for economic growth. sharing information through conferences, forums, and handbooks, and reaching out to new areas of the workforce, such as the Outlook informal economy. IALI will remain an essential part of the international labour IALI introduced a three-year development system, helping address the challenges plan for the organization. Some of the top- that arise in today’s dynamic world. ics included in this plan are collaborative measures, the drive to increase membership levels, the facilitation of communica- Note tion, other conference activities, increasing 1 A complete selection of all speeches and pres- regional cooperation, and other measures entations held at the conference can be found on the to examine important issues. In addition ILO SafeWork Website: http://www.ilo.org/public/ to productive partnerships with the ILO english/protection/safework/labinsp/iali_conf_ and WHO, IALI has undertaken success- 05/index.htm. ful partnerships with the EU, Association of South-East Asian Nations (ASEAN), the African Union, the African Regional References Labour Administration Centre (ARLAC) IALI. 1999. IALI – Health, Safety and Labour Protection in Harare, the Centre Régional Africain – worldwide, Wiesbadener Graphische Betriebe d’Administration du Travail (CRADAT) GmbH, Wiesbaden.

83 IALI. 2005. Web page: http://www.iali-aiit.org/. Bibliography IALI/ILO. 2005. Hazardous child labour: A law and practice report on health and safety aspects of ILO. 2002. Labour Inspection – A guide to the profes- ILO Convention No. 182 in preparation for an sion. ILO Tripartite Meeting of Experts on Hazardous ILO. 2002. Audit of the Labour Inspection System of Child labour, Geneva. the Grand Duchy of Luxembourg. ILO/SafeWork. 2005a. Introductory Report: Decent HSE. 2004. A Strategy for Workplace Health and Safety Work – Safe Work, International Labour Ofﬁ ce, in Great Britain to 2010 and beyond. Geneva. HSE. 2005. Tackling Stress – The Management Stand- ILO/Safework. 2005b. Labour Inspection Brochure: ards Approach. Convention No. 81, No. 129, Geneva. Electronic newsletter OSHmail 44 from European Agency for Safety and Health at Work 2004.