National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Articles 7 and 10 of the Convention. Suitable training for labour inspectors. The Committee notes with interest the content of the training provided for labour inspectors both as initial training and on-the-job training, and the Government’s information regarding further training for labour inspectors so as to match their skills to the realities of the world of work. The Committee notes, however, that the Government does not, as the Committee asked in its previous comments, specify the number and status of participants or the impact of such training on the volume and quality of inspection activities. The Committee requests the Government to provide in its future reports detailed information on the various types of training provided for labour inspectors (purpose, participation, frequency, duration) and the impact of the training on inspection activities (volume and quality) and on relations between labour inspectors and employers or their organizations and between labour inspectors and workers or their organizations.
Article 11. Material resources of labour inspectors. The Committee notes the information sent by the Government to the effect that the lack of resources is the greatest obstacle to the efficient running of the inspection system. It also notes that the Government intends to seek international financial cooperation to reinforce the means of action of labour inspectors (computers, internet connection, transport facilities, etc.). The Committee requests the Government to indicate the steps taken to this end and the results obtained.
Articles 16 and 21(c). Register of industrial and commercial workplaces liable to inspection with a view to scheduling inspection visits. The Committee notes, in connection with its general observation of 2009 on the need for the labour inspection service to have statistics of the industrial and commercial establishments liable to inspection and the workers they employ, that because cooperation between institutions failed, it has not been possible to draw up a register of establishments. The Government indicates that the institutions that keep data refuse to forward them to the labour inspectorate. However, pending the establishment of a nation-wide database to be set up by the National Institute of Statistics, instructions have been given to all branches of the labour inspectorate to compile a list of the workplaces under their responsibility that make requests to the labour inspectorate. The list is to be appended to the annual report drawn up by each branch and sent to the central inspection authority. The Government has also said that it needs technical assistance from the Office in compiling a register of workplaces. The Committee notes with interest the Government’s efforts gradually to draw up a chart of establishments liable to labour inspection and hopes that it will nonetheless be able to take steps at the earliest possible date to set up and maintain cooperation between institutions, which is essential to the establishment of a reliable register of workplaces. The Committee asks the Government to keep the ILO informed of progress made in compiling information on workplaces liable to inspection and the workers they employ, and to send any relevant documents (circulars or instructions, list of workplaces, payrolls, etc.).
Nevertheless, the Government is also asked to take measures to establish and maintain cooperation between all public and/or private bodies and institutions holding relevant data so that a reliable register of workplaces liable to inspection can be established and serve as a basis for assessing the operation of the inspection system and determining the measures to be taken to improve it.
Articles 20 and 21. Further to its previous comments and in connection with the process referred to by the Government to draw up a chart of workplaces liable to inspection, the Committee asks the Government to ensure that the central inspection authority publishes and communicates to the ILO as soon as possible an annual report containing all the information available on the subjects listed at Article 21.
The Committee notes with regret that the Government’s report makes no reference to any progress on the matters raised in its previous comments.
Articles 14 and 15 of the Convention. Material resources essential to the performance of labour inspection duties. According to the Government, the lack of progress in applying the Convention is due to the inadequate material resources available to the labour inspectorate, and in particular the absence of suitable transport facilities for visits to agricultural undertakings in remote rural areas. The Committee reminds the Government that in ratifying the Convention, it undertook to adopt the necessary measures to apply the Convention in law and in practice. Since transport facilities are essential to the performance of inspection duties in agricultural undertakings, it is up to the Government to do its utmost to provide such facilities for the inspection services working in rural areas with no public transport. The Committee requests the Government to take all necessary measures (under the national budget and, if necessary, by seeking international financial cooperation) to provide labour inspectors visiting agricultural undertakings with the means of action and the vehicles and/or transport facilities they need to perform their duties, in accordance with the abovementioned provisions of the Convention. The Government is asked to keep the Office informed of any such measures and of progress made in the period covered by its next report.
Article 9. Training a sufficient number of suitably qualified labour inspection staff for the agricultural sector, particularly in the area of the safety and health risks facing agricultural workers. In its previous observation the Committee stressed the need to train sufficient numbers of qualified inspection staff particularly in the area of the occupational safety and health risks facing agricultural workers. The Government indicates that the duties of the inspectorate are comprehensive in scope, so the training provided for labour inspectors is multi-sectoral. Every inspector is therefore expected to work in all sectors of activity. In the Government’s view, an inspection system organized in this way is on no account at odds with the Convention. The Committee is bound to point out that although the Convention does not require a specific body of inspectors to be created solely for the agricultural sector, it does provide, in Article 9(3), that labour inspectors in agriculture shall be adequately trained for the performance of their duties. Furthermore, measures must be taken to give them appropriate further training in the course of their employment. Accordingly, even where the coverage of a labour inspectorate is comprehensive, specific training is necessary for inspectors who work or who will work in the agricultural sector. There are activities specific to the agricultural sector – for example those involving the use of pesticides and other chemicals – for which technical knowledge must be acquired. The Committee draws the Government’s attention to Paragraphs 4–7 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), on the minimum qualifications needed by labour inspectors called upon to work in the agricultural sector, and again urges it to take the necessary steps to ensure that inspectors who work or will be called upon to work in agricultural undertakings receive suitable training, and to provide information on these measures and their results.
Articles 3, 14, 16, 18, 21, 25, 26 and 27. Inspection work in agricultural undertakings and the requirement to submit reports. Further to its previous comments and to its general observation of 2009, the Committee notes the Government’s acknowledgement that in a country which is essentially agricultural, statistics on agricultural undertakings and the workers they employ are an absolute necessity. It notes that, unfortunately, an attempt to record the workplaces liable to inspection was unsuccessful. Noting that the Government has expressed a need for ILO technical assistance in compiling a register of agricultural undertakings, the Committee can only commend the Government on its initiation of such an operation and points out that it is essential to examine why it did not succeed and to look for other approaches. The Committee requests the Government to provide full information and any documentation relevant to the measures set in motion to compile a chart of agricultural undertakings (instructions, circulars, forms, inspection reports, etc.), together with a detailed explanation of why the project was not completed.
The Committee requests the Government to take decisive steps to promote cooperation between the institutions and public and semi-public bodies that have data relevant to the labour inspectorate with a view to gradually recording agricultural undertakings, as a first step listing at least plantations and other intensive farming enterprises (national, multi-national or combined), and to provide information on these measures and the results obtained during the period covered by the next report on the application of this Convention.
Lastly, the Committee requests the Government to ensure that pending the establishment, with ILO technical assistance, of a register of agricultural undertakings, the central inspection authority publishes and sends to the ILO at the earliest possible date and on an annual basis, all available information on inspection activities and their outcome (applicable legislation, inspection staff involved, number of undertakings and workers covered, control of legislation, raising awareness of occupational risks, warnings, penalties imposed and actually applied, etc.) in agricultural undertakings in the period covered by the next report.
The Committee notes the Government’s brief report in reply to its previous comments and also the attached tables concerning the geographical distribution of labour inspection staff and the material resources available to the labour inspection services.
Articles 7 and 10 of the Convention. Adequate training for labour inspectors. The Committee notes with interest the information relating to the various forms of training given to labour inspectors by the National School of Administration between 2001 and 2009 in the context of the targets of the training plan set at an average of 50 labour inspectors per year. The Committee notes with interest that the total number of inspectors has increased considerably, from 57 in 2006 to 158 in 2008, and that the impact of this training has been to strengthen the multidisciplinary nature of their work and their capacity to carry out technical and managerial duties. In addition, the growing number of inspectors has made it possible to set up four new regional directorates and two new departmental directorates for labour inspection. The Committee further notes with interest that a workshop concerned with strengthening inspectors’ capacities in the area of fundamental principles and rights at work was held in Abidjan from 14 to 20 July 2008 by the Ministry of the Public Service and Employment with the support of the ILO programme to support the implementation of the Declaration (PAMODEC). The Committee requests the Government to continue to supply detailed information on the initial training given to inspectors for the performance of their duties, and also on any arrangements for subsequent in-service training (content, number and status of participants) aimed at improving their skills and adapting them to changes affecting the world of work, and on the impact of such training on the volume and quality of inspection activities.
Articles 3, 12, 13 and 17. Distribution of duties among the labour inspection staff. Noting that the Government has not clarified, as requested, which labour inspection officers are responsible for the performance of duties defined by the abovementioned provisions, the Committee hopes that it will not fail to provide such clarification and supply details of the results of labour inspection activities during the period covered by the next report.
Child labour. Noting the information supplied by the Government in its report on the Worst Forms of Child Labour Convention, 1999 (No. 182), according to which a national steering committee has been set up in the context of the LUTRENA project to monitor activities relating to child labour, the Committee requests the Government to supply further information on the role assigned to labour inspectors in this area.
Article 11. Material resources of the labour inspectorate. The Committee requests the Government to indicate the measures taken or contemplated, including through recourse to international financial cooperation, to strengthen the material resources of the labour inspectorate, particularly the transport facilities available to inspectors for workplace inspections, and the results achieved or expected.
Article 16. Establishment of a registry of industrial and commercial workplaces liable to inspection with a view to the planning of inspection visits. The Committee notes that the national registry of workplaces which was due to be drawn up and evaluated by the National Institute of Statistics is still not available. So that the labour inspectorate is able to fulfil its socio-economic mission, it is essential that the central inspection authority has up to date information on the geographical distribution and number of workplaces, the work carried out there and the number of workers employed. This information is necessary to determine the budget for its operation and for the establishment of priorities for action, taking account of the economic situation and other priorities of the country. Emphasizing the usefulness of a registry of workplaces for the planning of routine inspections in workplaces liable to inspection with a view to ensuring inspection visits as frequently as possible and not only as follow-up to complaints, the Committee firmly encourages the Government to make every effort to establish such a registry as soon as possible and make data available to all labour inspectors enabling the identification of the workplaces coming within their competence. It therefore requests the Government once again to supply information on the measures taken to this end, the progress made and any difficulties encountered.
Articles 20 and 21. Annual labour inspection report. The Committee requests the Government to take steps to strengthen human resources and structures for labour inspection as referred to in its report, to ensure that an annual report on the work of the labour inspectorate is published in the very near future and a copy sent to the ILO. In this respect, it draws the Government’s attention to the guidance given by Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), as regards the presentation and level of detail of information which the authority should supply in such a report.
Article 12, paragraph 1, and Article 27(e) of the Convention. Cooperation between the inspection services in agriculture and the judiciary. Also referring to its observation, the Committee duly notes the statement, in reply to its general observation of 2007, to the effect that measures have been taken in the form of holding seminars to ensure effective cooperation between the labour inspection system and the judiciary. Noting that these measures should consist of establishing a system for the registration of court decisions which is accessible to the labour inspectorate to enable the central authority to have a database with the relevant information, the Committee requests the Government to provide further information on any new developments in this respect, and also a copy of any relevant document.
The Committee notes that the Government’s report does not refer to any positive developments with regard to the application of the Convention.
The Committee’s previous request referred to the question of training of labour inspectors in agriculture (Article 9 of the Convention), the material resources available for the performance of their duties, especially office and transport facilities and the reimbursement of labour inspectors’ travel costs related to their work in agriculture (Article 15), and preventive controls in agricultural undertakings, as envisaged in Article 17.
In an observation to the Government in 1999, the Committee drew attention to the fact that no annual report on the work of the labour inspection services had been sent to the ILO.
In its 2002 report relating to the application of the Convention, the Government announced, however, in relation to Articles 14 and 15, that since 2001 the training of labour inspectors working in agricultural areas had resumed at the National School of Administration in Abidjan and that additional staff were expected, namely seven labour administrators, ten labour attachés and 12 labour controllers. In its observation of 2003, the Committee requested the Government to supply information on any steps taken towards the establishment of an inspection system in agriculture and on any progress made, and it also requested the Government to supply documentation and information of a practical nature on inspection activities undertaken in the area of combating child labour.
The Government’s report received in 2004 indicated that there were still no specialist labour inspectors in agriculture. Not only were there insufficient material resources to meet the professional requirements of inspectors working in agricultural areas, but also the inadequately equipped labour inspection offices were located without taking into consideration the geographical distribution of agricultural enterprises.
With reference to the report made in relation to the Labour Inspection Convention, 1947 (No. 81), received in 2008, in which reference is made to a substantial reinforcement of labour inspection staff and structures, the Committee notes with concern that, according to repeated statements by the Government in 2006 and 2009, no progress has been made in the application of the present Convention. It is therefore bound to remind the Government that, in ratifying the Convention, it undertook to take the necessary steps to implement it in law and in practice, particularly by establishing, in accordance with Article 6(1), a system of labour inspection whose functions would be: (a) to secure the enforcement of the legal provisions relating to conditions of work and the protection of agricultural workers while engaged in their work; (b) to supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions; and (c) to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions and to submit to it proposals on the improvement of laws and regulations. In view of the large numbers of workers occupied in the agricultural sector in the country (men, women and children), especially in coffee, cotton, banana, oil palm and cocoa plantations and other agricultural undertakings, and also in view of the specific occupational risks to which these persons are exposed because of pesticides and other toxic substances handled and used in their environment, the Committee considers that there is an urgent need for the Government to meet its commitments deriving from the ratification of this Convention. In its General Survey of 2006 on labour inspection, the Committee emphasized in its final remarks that the priority nature of labour inspection should be reflected in the level of resources allocated and that a strong and effective labour inspectorate provides not only better protection, but also better prevention and productivity at work, to the benefit of everyone (paragraphs 371–374).
The Committee urges the Government to take all necessary steps to ensure the application of this Convention, particularly through the training of sufficient numbers of qualified inspection staff in the area of the occupational safety and health of agricultural workers, and equipping these staff with sufficient resources to meet the requirements of inspection in agricultural undertakings (appropriate office and transport facilities, technical equipment needed for the analysis of products and substances handled and used, etc.).
The Committee also requests the Government to ensure that information on inspection activities in agricultural undertakings included periodic reports which are sent to the central authority so that the latter can include the information in an annual report which is published and a copy of which is sent to the ILO, as provided for in Articles 26 and 27. Until such time as the conditions exist for the publication of such a report, the Committee urges the Government to keep the Office informed of the inspection activities carried out in agricultural undertakings and the results achieved during the period covered by the next report.
The Committee is raising other points in a request addressed directly to the Government.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes that the Government merely indicates in its report that no changes have taken place during the reporting period.
Article 9, paragraph 3, of the Convention. Training of labour inspectors in agriculture. In its previous report, the Government indicated that the training of labour inspectors did not include any specialization in agriculture and that there was no specific further training for labour inspectors operating in regions where there are many agricultural undertakings. With reference to its comment under Convention No. 81 concerning the annual training plan for labour inspectors, the Committee would be grateful if the Government would take steps to remedy this deficiency by ensuring that initial specific training with regard to inspection in agricultural undertakings is given to inspectors who perform their duties in agricultural regions, and that this training is supplemented by in-service training. The Government is requested to supply information on any measure taken in this regard and on the progress made.
Article 15. Labour inspection resources in agriculture. Referring once again to the Government’s previous report regarding the inadequacy and unsuitability of resources in relation to needs, the Committee also refers to its report on Convention No. 81 containing information on improving the material resources of the Labour Inspectorate and requests the Government to take steps to identify the specific priority needs of inspection in agriculture in order to plan appropriate budgetary allocations, especially with regard to office premises, transport facilities and the reimbursement of labour inspectors’ travel costs related to their work.
Article 17. Preventive control of plant, substances and processes. The Committee noted that although the Labour Code makes provision for associating the services of the agricultural labour inspectorate in the preventive control of new plant, substances and processes which are likely to constitute a threat to health or safety, such controls are not widespread. It therefore requests the Government to take measures to extend the scope of such activity in practice and to keep the ILO informed.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:
Article 7, paragraph 3, of the Convention. Training of labour inspectors. The Committee notes the Government’s report containing the information that a plan of training for at least 50 labour inspectors per year is being implemented by the National School of Administration. The Committee would be grateful if the Government would provide information on the implementation of this plan, especially the number of inspectors who have been or are being trained and the subjects covered in the light of the areas covered by the Convention, and also indicate the impact of this training initiative on the functioning of the labour inspectorate in quantitative and qualitative terms.
Article 10. Labour inspection staff. Noting that the Government’s report does not contain any information on the number of labour inspection staff, the Committee requests the Government to indicate the geographical distribution of serving labour inspectors, controllers and officers, stating which officials perform the duties and exercise the powers defined by Articles 3, 12, 13 and 17 of the Convention.
Article 11. Material resources of the labour inspectorate. The Committee notes, according to the information supplied by the Government, that an extensive programme for reinforcing the material resources of the labour inspectorate, including the renovation of premises, provision of computer equipment to inspectors and purchase of vehicles, is currently under way. Emphasizing the importance of providing sufficient resources to the labour inspectorate so that labour inspectors, controllers and officers can carry out their field missions, the Committee requests the Government to continue supplying information on the material resources allocated, and also on the impact of improvements in inspectors’ conditions of work on the operation of the labour inspectorate and its effectiveness.
Article 16. Inspections. According to the Government, it has not been possible, in view of the country’s situation, to establish the national registry of enterprises as announced. Knowledge of the economic structure to be covered on the part of the inspectorate would facilitate the gradual implementation of this provision of the Convention, which states that workplaces must be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions governing conditions of work and the protection of workers while engaged in their work. While being fully aware of the difficulties described by the Government, the Committee hopes that the Government will be able to establish this registry in the near future in order to determine human, material and logistical requirements for the purpose of establishing appropriate budgetary forecasts.
Article 7, paragraph 3, of the Convention. Training of labour inspectors. The Committee notes the Government’s report containing the information that a plan of training for at least 50 labour inspectors per year is being implemented by the National School of Administration. The Committee would be grateful if the Government would provide information on the implementation of this plan, especially the number of inspectors who have been or are being trained and the subjects covered in the light of the areas covered by the Convention, and also indicate the impact of this training initiative on the functioning of the labour inspectorate in quantitive and qualitative terms.
Article 11. Material resources of the labour inspectorate. The Committee notes with interest, according to the information supplied by the Government, that an extensive programme for reinforcing the material resources of the labour inspectorate, including the renovation of premises, provision of computer equipment to inspectors and purchase of vehicles, is currently under way. Emphasizing the importance of providing sufficient resources to the labour inspectorate so that labour inspectors, controllers and officers can carry out their field missions, the Committee requests the Government to continue supplying information on the material resources allocated, and also on the impact of improvements in inspectors’ conditions of work on the operation of the labour inspectorate and its effectiveness.
The Committee notes that the Government merely indicates in its report that no changes have taken place during the reporting period. However, it hopes that the Government will supply information in reply to its previous comments, which covered the following points.
1. Article 9, paragraph 3, of the Convention. Training of labour inspectors in agriculture. In its previous report, the Government indicated that the training of labour inspectors did not include any specialization in agriculture and that there was no specific further training for labour inspectors operating in regions where there are many agricultural undertakings. With reference to its comment under Convention No. 81 concerning the annual training plan for labour inspectors, the Committee would be grateful if the Government would take steps to remedy this deficiency by ensuring that initial specific training with regard to inspection in agricultural undertakings is given to inspectors who perform their duties in agricultural regions, and that this training is supplemented by in-service training. The Government is requested to supply information on any measure taken in this regard and on the progress made.
2. Article 15. Labour inspection resources in agriculture. Referring once again to the Government’s previous report regarding the inadequacy and unsuitability of resources in relation to needs, the Committee also refers to its report on Convention No. 81 containing information on improving the material resources of the Labour Inspectorate and requests the Government to take steps to identify the specific priority needs of inspection in agriculture in order to plan appropriate budgetary allocations, especially with regard to office premises, transport facilities and the reimbursement of labour inspectors’ travel costs related to their work.
3. Article 17. Preventive control of plant, substances and processes. The Committee noted that although the Labour Code makes provision for associating the services of the agricultural labour inspectorate in the preventive control of new plant, substances and processes which are likely to constitute a threat to health or safety, such controls are not widespread. It therefore requests the Government to take measures to extend the scope of such activity in practice and to keep the ILO informed.
The Committee notes the information supplied by the Government in its report. With reference to its direct request under Convention No. 81, it asks the Government to provide information that is as detailed as possible in its next report on the following points.
1. Training of labour inspectors in agriculture. The Committee notes that, in its report, the Government states that training for labour inspectors does not include specialization in agriculture and that there is no specific further training for labour inspectors operating in regions where there are many agricultural enterprises. It invites the Government to indicate whether measures have been taken or are envisaged to remedy this situation and to ensure that labour inspectors in agriculture receive adequate training and further training, in accordance with Article 9, paragraph 3, of the Convention.
2. Resources of labour inspectors in agriculture. The Committee notes with concern the Government’s view that labour inspectors operating in agricultural areas lack sufficient and suitable material resources for the performance of their duties, whether in terms of premises or of communication and transport facilities. It requests the Government to describe the measures taken or envisaged to provide the labour inspectorate with sufficient resources for it to carry out its duties efficiently and, in particular, with the necessary premises and transport facilities, as required by Article 15 of the Convention.
3. Preventive control of plant, substances and processes. The Committee notes that, although the Labour Code provides for the labour inspection services to be associated in the preventive control of new plant, new substances and new processes which appear likely to constitute a threat to health or safety, such controls are not widespread. It therefore asks the Government to indicate the measures taken or envisaged to ensure that such controls are carried out with the participation of the labour inspectorate, in accordance with Article 17 of the Convention.
Human and material resources of the labour inspectorate. With reference to its previous comments, the Committee requests the Government to provide information that is as full and detailed as possible in its next report in reply to the questions contained in the report form approved by the Governing Body. Please indicate in particular whether measures have been taken for the establishment of the national register of enterprises, referred to by the Government in a previous report. Please also specify the financial resources allocated for the labour inspectorate so that it has sufficient staff and the necessary material resources and transport facilities (Articles 10 and 11 of the Convention).
1. Establishing the conditions required for the operation of a labour inspection system in agricultural enterprises. The Committee notes the Government’s replies to its previous comments. In connection with its observation under Convention No. 81 and in view of the impact of the economic and political situation on the working and living conditions of people working in the agricultural sector, the Committee trusts that the Government will soon be able, if necessary with ILO technical support and international financial cooperation, to identify the human resources and material and logistical needs required for labour inspection in agricultural enterprises and to define priorities for action in this area. It requests the Government to provide information on any steps taken to this end and on any progress achieved.
2. Labour inspection and child labour in the agricultural sector. With reference to its observation of 1999 under this Convention and under Convention No. 81 and the role that labour inspectors’ should play in the strategy to combat child labour, the Committee notes from the Government’s report on the Minimum Age Convention, 1973 (No. 138), that labour inspectors have been made aware of the issue. It also notes with interest that, in the framework of the WAC/AP project (West Africa Cocoa/Agriculture Project), a committee to combat child trafficking was created and a law adopted on the subject. It requests the Government to provide any relevant documentation as well as practical information on inspection activities conducted with a view to seeking out any breaches of child labour legislation and the results of such inspection.
In reply to the Committee’s previous comments on the material situation of the inspection services (Article 11 of the Convention) and the number of inspections to establishments (Article 16), the Government provides information indicating that the inspection services are almost totally unable to accomplish their duties because they lack the means despite an adequate geographical distribution of facilities and human resources. The deficiencies of labour inspection are also raised in the Government’s report on the Minimum Age Convention, 1973 (No. 138).
The Committee notes the Government’s announcement of a plan for the labour inspectorate to establish a national register of enterprises with ILO support. It trusts that measures have been taken to this end and that the relevant information will soon be sent. Such a register, if it contains details of the number, nature, size and situation of enterprises, as well as the number and categories of the workers they employ (Article 10(a)(i) and (ii)), will undoubtedly be a valuable tool for determining the human resources and material means required to operate a labour inspection system of the kind provided for by the Convention. The Committee draws the Government’s attention to the advisability of seeking international financial cooperation for the implementation of this or any other project designed to improve the efficiency of labour inspection. It would be grateful if the Government would take all appropriate steps to this end and at all events inform the Office of any developments relating to the implementation of the obligations arising from the ratification of the Convention.
The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the points raised in its previous direct request under Articles 10, 11 and 16 as follows:
Articles 11 and 16. Please indicate the financial amount allocated specifically to labour inspection services within the global amount of 300 million CFA francs allocated to the directorates of employment, the civil service and social welfare in general and specify how this amount has been used for improving the effectiveness of the inspection services, particularly for increasing the number of inspections to establishments controlled by these services. Article 10. Please indicate the number and geographical distribution of labour inspectors performing the duties set out in Article 3 under the conditions laid down in Articles 12 and 16.
Articles 11 and 16. Please indicate the financial amount allocated specifically to labour inspection services within the global amount of 300 million CFA francs allocated to the directorates of employment, the civil service and social welfare in general and specify how this amount has been used for improving the effectiveness of the inspection services, particularly for increasing the number of inspections to establishments controlled by these services.
Article 10. Please indicate the number and geographical distribution of labour inspectors performing the duties set out in Article 3 under the conditions laid down in Articles 12 and 16.
The Committee has noted the brief report communicated by the Government for the period ending 31 May 1997 and 1 September 1999. It notes with regret that no annual report on the activities of the labour inspectorate has been submitted since the one relating to 1994. Noting the inadequate information provided in reply to its previous comments, the Committee would be grateful if the Government would supplement it with specific statistical data on the following points. Article 7 of the Convention. Please indicate whether specific training is provided at the National School of Administration for the occupation of labour inspector. If not, indicate the measures taken to ensure that labour inspectors currently in post can be replaced when they retire in the immediate or near future. Articles 11 and 16. Please indicate the financial amount allocated specifically to labour inspection services within the global amount of 300 million CFA francs allocated to the directorates of employment, the civil service and social welfare in general and specify how this amount has been used for improving the effectiveness of the inspection services, particularly for increasing the number of inspections to establishments controlled by these services. Article 10. Please indicate the number and geographical distribution of labour inspectors performing the duties set out in Article 3 under the conditions laid down in Articles 12 and 16. Article 14. Please provide information on the means which have been employed so that occupational medicine fully plays its role and indicate progress made in recording and declaring industrial accidents and occupational diseases throughout the territory since the medical inspection service was set up as a central directorate within the Ministry. Articles 20 and 21. Please supply information on the measures announced by the Government for implementing these two important provisions of the Convention and submit as soon as possible annual reports on the activities of the labour inspection services containing information on each of the matters listed in Article 21.
The Committee has noted the brief report communicated by the Government for the period ending 31 May 1997 and 1 September 1999. It notes with regret that no annual report on the activities of the labour inspectorate has been submitted since the one relating to 1994. Noting the inadequate information provided in reply to its previous comments, the Committee would be grateful if the Government would supplement it with specific statistical data on the following points.
Article 7 of the Convention. Please indicate whether specific training is provided at the National School of Administration for the occupation of labour inspector. If not, indicate the measures taken to ensure that labour inspectors currently in post can be replaced when they retire in the immediate or near future.
Article 14. Please provide information on the means which have been employed so that occupational medicine fully plays its role and indicate progress made in recording and declaring industrial accidents and occupational diseases throughout the territory since the medical inspection service was set up as a central directorate within the Ministry.
Articles 20 and 21. Please supply information on the measures announced by the Government for implementing these two important provisions of the Convention and submit as soon as possible annual reports on the activities of the labour inspection services containing information on each of the matters listed in Article 21.
The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Referring also to its observation under the Convention, the Committee requests the Government to provide in its next report detailed information on the application of the following Articles of the Convention. Article 1. Please indicate the provisions of national laws or regulations which define the term "agricultural undertaking" for the purpose of the Convention (Article 1(1)) and, where necessary, the decisions taken and the procedure followed for consultation with the most representative organizations of employers and workers, as required under Article 1(2). Article 3. Please indicate the provisions of national laws or regulations which determine the agricultural undertakings liable to labour inspections in agriculture and the categories of workers for whose protection the labour inspectorate is responsible. Article 6. Please indicate the legal provisions for whose enforcement the system of labour inspection in agriculture is responsible, particularly in the agricultural sector. Article 7. Please describe the structure or communicate the organization chart of the labour inspection services in agriculture and indicate, where appropriate, in what manner the functional specialization of officers called upon to exercise inspection activities in agriculture is ensured. Article 8. Please indicate whether and in what manner officials or representatives of occupational organizations have been included in the system of labour inspection and, where appropriate, give details of their status, conditions of service and the powers vested in them for the exercise of their functions. Article 9. Please indicate whether specific conditions of entry govern recruitment of labour inspectors in agriculture or whether measures have been taken to give labour inspectors in agriculture, upon their entry into service and during the course of employment, adequate training for the performance of their duties. Article 10. Please indicate whether, in accordance with Article 10 of the Convention, labour inspection staff in agriculture include women and, if so, whether any special duties are assigned to them. Article 12. Please indicate the measures taken to promote effective cooperation between the inspection services in agriculture and government services and public or approved institutions which may be engaged in similar activities. Article 13. Please indicate the measures taken by the competent authority to promote cooperation between officials of the labour inspectorate in agriculture and employers and workers, or their organizations. Articles 14 and 21. The Committee had noted in the Government’s report for 1995 on the application of Convention No. 81 that efforts had been undertaken to increase the number of labour inspectors by recruiting 19 technicians educated at the Ecole nationale d’administration. The ten labour administrators, four assistant administrators and five supervisors, took up their duties in January 1996. The Committee also notes the information contained in the Government’s report on Convention No. 128 to the effect that the Government would be releasing additional funds for the employment, public service and social welfare sectors. It further notes the Government’s decision, endorsed by the Council of Ministers, to increase the material resources available to labour inspectors. The Committee would be grateful if the Government would specify the number of inspectors appointed exclusively to the agricultural sector, the geographical distribution of labour inspection offices, as well as the number of agricultural undertakings liable to inspection and the number of persons working in such undertakings. Moreover, the Committee requests the Government to provide specific information on the impact of the 19 additional inspectors on the inspection visits carried out in the agricultural sector, and in particular the number of agricultural undertakings inspected since 1996. Article 17. The Committee points out that under the terms of this provision the labour inspection services in agriculture shall be associated, in such cases and in such manner as may be determined by the competent authority, in the preventative control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. The Committee refers to the 1985 General Survey on labour inspection and recalls in this regard that under paragraph 11 of Recommendation No. 133 which complements this Convention, such an association should include consultation with the labour inspectorate on the introduction of such plant, materials or substances, and the methods of handling or processing products which require the use of dangerous machines or unhealthy or dangerous work processes. The Government is requested to indicate in its next report whether measures to this effect have been adopted or envisaged. Article 19(2). The Committee notes the Government’s concerns regarding the administrative obstacles which prevent labour inspectors from being associated with any on-the-spot inquiry into the causes of occupational accidents and that new measures to remedy the situation were being envisaged. The Committee points out that this provision stipulates that labour inspectors shall be associated, where possible, with any on-the-spot inquiry into the causes of the most serious occupational accidents or occupational diseases, particularly those accidents or diseases which affect a number of workers or have fatal consequences. The Committee trusts that such measures have now been taken and that the Government will transmit with its next report any pertinent information as well as the appropriate legislative text or administrative regulation.
Referring also to its observation under the Convention, the Committee requests the Government to provide in its next report detailed information on the application of the following Articles of the Convention.
Article 1. Please indicate the provisions of national laws or regulations which define the term "agricultural undertaking" for the purpose of the Convention (Article 1(1)) and, where necessary, the decisions taken and the procedure followed for consultation with the most representative organizations of employers and workers, as required under Article 1(2).
Article 3. Please indicate the provisions of national laws or regulations which determine the agricultural undertakings liable to labour inspections in agriculture and the categories of workers for whose protection the labour inspectorate is responsible.
Article 6. Please indicate the legal provisions for whose enforcement the system of labour inspection in agriculture is responsible, particularly in the agricultural sector.
Article 7. Please describe the structure or communicate the organization chart of the labour inspection services in agriculture and indicate, where appropriate, in what manner the functional specialization of officers called upon to exercise inspection activities in agriculture is ensured.
Article 8. Please indicate whether and in what manner officials or representatives of occupational organizations have been included in the system of labour inspection and, where appropriate, give details of their status, conditions of service and the powers vested in them for the exercise of their functions.
Article 9. Please indicate whether specific conditions of entry govern recruitment of labour inspectors in agriculture or whether measures have been taken to give labour inspectors in agriculture, upon their entry into service and during the course of employment, adequate training for the performance of their duties.
Article 10. Please indicate whether, in accordance with Article 10 of the Convention, labour inspection staff in agriculture include women and, if so, whether any special duties are assigned to them.
Article 12. Please indicate the measures taken to promote effective cooperation between the inspection services in agriculture and government services and public or approved institutions which may be engaged in similar activities.
Article 13. Please indicate the measures taken by the competent authority to promote cooperation between officials of the labour inspectorate in agriculture and employers and workers, or their organizations.
Articles 14 and 21. The Committee had noted in the Government’s report for 1995 on the application of Convention No. 81 that efforts had been undertaken to increase the number of labour inspectors by recruiting 19 technicians educated at the Ecole nationale d’administration. The ten labour administrators, four assistant administrators and five supervisors, took up their duties in January 1996. The Committee also notes the information contained in the Government’s report on Convention No. 128 to the effect that the Government would be releasing additional funds for the employment, public service and social welfare sectors. It further notes the Government’s decision, endorsed by the Council of Ministers, to increase the material resources available to labour inspectors. The Committee would be grateful if the Government would specify the number of inspectors appointed exclusively to the agricultural sector, the geographical distribution of labour inspection offices, as well as the number of agricultural undertakings liable to inspection and the number of persons working in such undertakings. Moreover, the Committee requests the Government to provide specific information on the impact of the 19 additional inspectors on the inspection visits carried out in the agricultural sector, and in particular the number of agricultural undertakings inspected since 1996.
Article 17. The Committee points out that under the terms of this provision the labour inspection services in agriculture shall be associated, in such cases and in such manner as may be determined by the competent authority, in the preventative control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. The Committee refers to the 1985 General Survey on labour inspection and recalls in this regard that under paragraph 11 of Recommendation No. 133 which complements this Convention, such an association should include consultation with the labour inspectorate on the introduction of such plant, materials or substances, and the methods of handling or processing products which require the use of dangerous machines or unhealthy or dangerous work processes. The Government is requested to indicate in its next report whether measures to this effect have been adopted or envisaged.
Article 19(2). The Committee notes the Government’s concerns regarding the administrative obstacles which prevent labour inspectors from being associated with any on-the-spot inquiry into the causes of occupational accidents and that new measures to remedy the situation were being envisaged. The Committee points out that this provision stipulates that labour inspectors shall be associated, where possible, with any on-the-spot inquiry into the causes of the most serious occupational accidents or occupational diseases, particularly those accidents or diseases which affect a number of workers or have fatal consequences. The Committee trusts that such measures have now been taken and that the Government will transmit with its next report any pertinent information as well as the appropriate legislative text or administrative regulation.
The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
The Committee notes the Government’s reports for 1996 and 1997 and the partial information provided in response to a number of the Committee’s previous comments. The Committee also noted the Government’s statement to the effect that the information concerning the labour inspectorate’s activities covers all economic sectors, including agriculture. The Committee has also examined the Government’s reports concerning the application of Convention No. 81. However, it notes that no annual report on the activities of the labour inspectorate has been communicated to the ILO either under Convention No. 129 or Convention No. 81. The Committee is therefore bound to again reiterate the need to publish annual reports, to enable the supervisory bodies of the ILO to regularly assess the manner in which effect is given to the Convention and to enable the social partners concerned to keep abreast of, to refer to, and actively participate in and contribute to the activities of the labour inspectorate in the manner provided for by the legislation. Where statistics are not classified according to economic sector of activity, the Committee is unable to assess the extent or effectiveness of the activities of the labour inspectorate. In order to do so, the Committee requires specific information on the activities of the labour inspectorate, as stipulated under Article 27 of the Convention, irrespective of whether such information is contained in the general annual report published by the labour inspectorate to assess the appropriateness of the material, financial and human resources set aside to ensure that conditions of work in the agricultural sector are met. Moreover, the Committee notes the information provided by the Government to the effect that the inter-professional collective agreement of 20 July 1977, whose field of application at the time of adoption excluded employers and workers in the agricultural sector, now gives effect to the Convention. The Committee notes that the provisions of this inter-professional collective agreement establishes employer obligations which require close supervision by the labour inspectorate. The Committee therefore considers the publication of periodical statistics on the violations committed and sanctions imposed indispensable in this regard. Finally, the Committee notes that copies of annual inspection reports are not transmitted to the representative organizations of employers and workers in the agricultural sector, as a consequence of which, these organizations are unable to formulate any observations they may have on the manner in which the Convention is applied. The Committee addresses a direct request to the Government in relation to the application of Articles 1, 3, 6, 7, 8, 9, 12, 13, 14 and 21 of the Convention.
The Committee notes the Government’s reports for 1996 and 1997 and the partial information provided in response to a number of the Committee’s previous comments. The Committee also noted the Government’s statement to the effect that the information concerning the labour inspectorate’s activities covers all economic sectors, including agriculture. The Committee has also examined the Government’s reports concerning the application of Convention No. 81. However, it notes that no annual report on the activities of the labour inspectorate has been communicated to the ILO either under Convention No. 129 or Convention No. 81. The Committee is therefore bound to again reiterate the need to publish annual reports, to enable the supervisory bodies of the ILO to regularly assess the manner in which effect is given to the Convention and to enable the social partners concerned to keep abreast of, to refer to, and actively participate in and contribute to the activities of the labour inspectorate in the manner provided for by the legislation. Where statistics are not classified according to economic sector of activity, the Committee is unable to assess the extent or effectiveness of the activities of the labour inspectorate. In order to do so, the Committee requires specific information on the activities of the labour inspectorate, as stipulated under Article 27 of the Convention, irrespective of whether such information is contained in the general annual report published by the labour inspectorate to assess the appropriateness of the material, financial and human resources set aside to ensure that conditions of work in the agricultural sector are met.
Moreover, the Committee notes the information provided by the Government to the effect that the inter-professional collective agreement of 20 July 1977, whose field of application at the time of adoption excluded employers and workers in the agricultural sector, now gives effect to the Convention. The Committee notes that the provisions of this inter-professional collective agreement establishes employer obligations which require close supervision by the labour inspectorate. The Committee therefore considers the publication of periodical statistics on the violations committed and sanctions imposed indispensable in this regard.
Finally, the Committee notes that copies of annual inspection reports are not transmitted to the representative organizations of employers and workers in the agricultural sector, as a consequence of which, these organizations are unable to formulate any observations they may have on the manner in which the Convention is applied.
The Committee addresses a direct request to the Government in relation to the application of Articles 1, 3, 6, 7, 8, 9, 12, 13, 14 and 21 of the Convention.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:
The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:
Article 1. Please indicate the provisions of national laws or regulations which define the term "agricultural undertaking" for the purpose of the Convention (paragraph 1) and, where necessary, the decisions taken and the procedure followed for consultation with the most representative organizations of employers and workers, as required under paragraph 2.
Articles 14 and 21. The Committee had noted in the Government's report for 1995 on the application of Convention No. 81 that efforts had been undertaken to increase the number of labour inspectors by recruiting 19 technicians educated at the Ecole nationale d'administration. The ten labour administrators, four assistant administrators and five supervisors, took up their duties in January 1996. The Committee also notes the information contained in the Government's report on Convention No. 128 to the effect that the Government would be releasing additional funds for the employment, public service and social welfare sectors. It further notes the Government's decision, endorsed by the Council of Ministers, to increase the material resources available to labour inspectors. The Committee would be grateful if the Government would specify the number of inspectors appointed exclusively to the agricultural sector, the geographical distribution of labour inspection offices, as well as the number of agricultural undertakings liable to inspection and the number of persons working in such undertakings. Moreover, the Committee requests the Government to provide specific information on the impact of the 19 additional inspectors on the inspection visits carried out in the agricultural sector, and in particular the number of agricultural undertakings inspected since 1996.
Article 19, paragraph 2. The Committee notes the Government's concerns regarding the administrative obstacles which prevent labour inspectors from being associated with any on-the-spot inquiry into the causes of occupational accidents and that new measures to remedy the situation were being envisaged. The Committee points out that this provision stipulates that labour inspectors shall be associated, where possible, with any on-the-spot inquiry into the causes of the most serious occupational accidents or occupational diseases, particularly those accidents or diseases which affect a number of workers or have fatal consequences. The Committee trusts that such measures have now been taken and that the Government will transmit with its next report any pertinent information as well as the appropriate legislative text or administrative regulation.
The Committee notes the Government's reports for 1996 and 1997 and the partial information provided in response to a number of the Committee's previous comments. The Committee also noted the Government's statement to the effect that the information concerning the labour inspectorate's activities covers all economic sectors, including agriculture. The Committee has also examined the Government's reports concerning the application of Convention No. 81. However, it notes that no annual report on the activities of the labour inspectorate has been communicated to the ILO either under Convention No. 129 or Convention No. 81.
The Committee is therefore bound to again reiterate the need to publish annual reports, to enable the supervisory bodies of the ILO to regularly assess the manner in which effect is given to the Convention and to enable the social partners concerned to keep abreast of, to refer to, and actively participate in and contribute to the activities of the labour inspectorate in the manner provided for by the legislation. Where statistics are not classified according to economic sector of activity, the Committee is unable to assess the extent or effectiveness of the activities of the labour inspectorate. In order to do so, the Committee requires specific information on the activities of the labour inspectorate, as stipulated under Article 27 of the Convention, irrespective of whether such information is contained in the general annual report published by the labour inspectorate to assess the appropriateness of the material, financial and human resources set aside to ensure that conditions of work in the agricultural sector are met.
The Committee notes that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:
Article 3, paragraph 2, and Articles 7, 10 and 16 of the Convention. The Committee notes the information contained in the Government's report, including the statistical data attached to the report. It notes in particular that the labour inspection services only carried out 18 inspection visits in Abidjan and six in Bouaké during the six months covered by the available data, which accounts for a very low proportion of the total activities of these services in 1994. The Committee also notes that, of the 19 technical personnel trained at the National School of Administration in 1994, according to the Government's report, ten were labour administrators, four were attachés and five were supervisors. It notes that ten labour administrators were trained in 1995, and that they should take up their functions in 1996. The Committee requests the Government to take the necessary measures to ensure the discharge of the principal inspection duties entrusted to the labour inspection services. In this respect, it hopes that the Government will give priority to the recruitment and training of labour inspectors so that the number of inspection visits can be increased and workplaces can be inspected as often and as thoroughly as is necessary to ensure the application of the relevant legal provisions.
Article 11. The Committee notes with interest section 91(7) of Act No. 95-15 of 12 January 1995, issuing the Labour Code, which provides that the labour inspection services shall be provided with offices that are suitably equipped for their needs and accessible to all those concerned, and that the labour administration shall take the appropriate measures to furnish labour inspectors, supervisors, attachés and physicians with the transport facilities necessary for the performance of their duties and, in any case, ensure the reimbursement of any travelling expenses and any related expenses which may be necessary for the performance of their duties. Furthermore, the Committee notes that, in parallel with these legislative measures, the Government allocated a credit of 300 million CFA francs, in the context of measures for the institutional reinforcement of the administration, to the Ministry of Employment and the Public Service with a view to furnishing office equipment and transport facilities to all the directorates of employment and the public service. The Committee would be grateful if the Government would supply information on the improvements in practice in the material resources available to labour inspectors for the performance of their duties, in accordance with this provision of the Convention.
Article 14. The Committee notes the information provided by the Government in its report to the effect that in practice all industrial accidents and cases of occupational disease are notified to the labour inspectorate which, in most cases, carries out investigations. However, it notes that the statistical information provided by the Government does not refer to any case of occupational disease. The Committee requests the Government to indicate whether the notification of industrial accidents and cases of occupational disease is made to the labour inspectorate by employers or by the social assistance fund.
Articles 20 and 21. The Committee notes the statistical data supplied by the Government, and the indication that activities reports containing information on all the matters enumerated in Article 21 will be published and transmitted within the required time-limits. The Committee is bound to reiterate the hope that the Government will take the necessary measures to give effect to this initiative.
With reference to its previous comments, the Committee notes with satisfaction that section 91(4) of Act No. 95-15 of 12 January 1995, issuing the Labour Code, provides that inspectors of labour and labour legislation may, in cases of emergency and subject to jurisdictional or administrative appeal, make or have made orders requiring measures with immediate executory force to put an end to an imminent danger to the health or safety of the workers, thereby giving effect to Article 13, paragraph 2(b), of the Convention.
The Committee is addressing a request directly to the Government on a number of other matters.
The Committee notes the information provided by the Government in reply to its previous comments, in particular as regards Article 11, paragraph 2, of the Convention.
Article 3, paragraph 2. The Committee notes the Government's statement that the additional duties conferred on the inspectorate, particularly those under sections 122, 139 and 159 of the Labour Code, do not interfere with the effective discharge of the primary duties of inspectors. In the absence of published annual reports on the activities of the inspection service, the Committee is unable to appreciate how far the primary tasks of the inspectorate, which include securing the enforcement of the labour laws and regulations through inspections, are in practice being discharged. Please provide further details.
Articles 10 and 16. The Committee notes the information that the number of inspectors is not sufficient in comparison to the duties entrusted to them but that the Government is encouraging graduates of the National School of Administration to pursue careers in labour inspection. It notes with interest that 15 additional inspectors are currently undergoing training. Please continue to provide particulars on the measures envisaged to ensure adequate inspection visits take place.
Article 11, paragraph 1. The Committee notes the practical difficulties encountered by the inspection services owing to lack of material means. It also notes the Government's commitment to provide such means as soon as finances permit. Please continue to provide details in this respect.
Article 13, paragraph 2(b). The Committee notes that the draft section 91.4 in paragraph 4 would when adopted amend the current section 128 of the Labour Code, empowering inspectors to give orders requiring measures with immediate executory force in the event of imminent danger to health or safety of the workers. Please provide full details of further developments in this regard.
Article 14. The Committee again notes that section 80 of the Social Welfare Code provides for notification of occupational accidents and diseases to the Social Welfare Fund, but not to the Inspectorate of Labour and Social Legislation. Would the Government please indicate how it is proposed to ensure the Convention is applied in this respect?
Articles 20 and 21. The Committee notes once again that the annual report on the work of the inspection services has not been received by the ILO. It wishes to underline the importance it attaches to the compilation, publication and transmission of such reports as required by these provisions of the Convention to enable the Committee to verify the implementation of the Convention. It trusts the Government will ensure, in future, that these reports, containing information on all the subjects listed in Article 21, will be published and transmitted within the time-limit established in Article 20.
The Committee notes the information provided by the Government in reply to its previous comments. It refers to its comments under Convention No. 81 as follows:
Article 6, paragraphs 2 and 3 of the present Convention is dealt with under Article 3(2), of Convention No.81, as follows:
Article 14 under Article 10, ibid, as follows:
Article 15 under Article 11, paragraph 1, ibid, as follows:
Article 18, paragraph 2(b) under Article 13, paragraph 2(b), ibid, as follows:
Article 21 under Article 16, ibid, as follows:
Articles 26 and 27 under Articles 20 and 21, ibid, as follows:
The Committee requests further particulars on the following:
Article 2. The Committee notes that under sections 184 and 64 to 79 of the Labour Code and the provisions of Decree No. 65-124 of 2 April 1965, arbitration awards and collective agreements are considered subject to enforcement and obligatory. It would be grateful if the Government would provide further clarifications as to whether labour inspectors are specifically entrusted with the tasks of enforcing such awards and collective agreements in addition to enforcing laws and regulations.
Article 16, paragraph 2. The Committee would be grateful if the Government would provide indications of the provisions prohibiting unauthorized entries by labour inspectors into the private homes of operators of agricultural undertakings.
Article 17. The Committee wishes to draw the Government's attention to the particular requirements regarding the association of labour inspectors with preventive control activities in connection with new plant, new materials or substance and new methods of handling or processing products which appear likely to constitute a threat to health or safety (see also paragraphs 92-97 of its General Survey on Labour Inspection of 1985). It would be glad if the Government would indicate any measures taken or proposed in this regard.
Article 19, paragraph 2. The Committee notes the information provided but wishes to point out that section 86 of the Social Insurance Code is limited to requiring the inspector covering the scene of the accident to arrange for an inquiry into the case to take place and does not provide for a continuing association with such on-the-spot enquiries. Please provide full details of any steps taken to ensure the Convention is applied in this respect.
The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:
Article 3, paragraph 2, of the Convention. The Committee notes that, in addition to the functions set out in paragraph 1 of this Article, several other duties have been conferred on the Inspectorate of Labour and Social Legislation, particularly under sections 122, 139 and 159 of the Labour Code. Please indicate the measures taken to ensure that these duties do not interfere with the effective discharge of primary duties of the inspectors.
Article 7, paragraph 3. While noting that the inspectors of the Inspectorate of Labour and Social Legislation are recruited from among students of the National School of Administration, the Committee requests the Government to indicate the measures taken to ensure that labour inspectors are adequately trained for the performance of their duties, both on entering the service and subsequently.
Articles 10 and 16. Please indicate, bearing in mind the various duties conferred on the Inspectorare of Labour and Social Legislation, whether the number of labour inspectors is sufficient to ensure that workplaces liable to inspection are inspected as often and as thoroughly as is necessary.
Article 11, paragraph 1. The Committee notes that the inspection services are encountering practical difficulties owing to the lack of material means at their disposal. Please indicate the measures taken or contemplated to remedy these difficulties.
Article 11, paragraph 2. Please indicate the arrangements made to ensure that labour inspectors are reimbursed for any travelling and incidental expenses which may be necessary for the performance of their duties.
Articles 13, paragraph 2(b). The Committee notes the Government's statement that, as part of the revision of the Labour Code, section 128 is to be amended to include a subsection empowering inspectors of labour and social legislation to make or have made orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers. It hopes that measures to give full effect to this provision will be taken shortly and requests the Government to provide information on any progress made in this respect.
Article 14. The Committee notes that, under section 80 of the Social Welfare Code, any occupational accidents or diseases noted in the workplace must be notified to the National Social Welfare Fund. Please indicate the manner in which the Inspectorate of Labour and Social Legislation is informed of cooupational accidents and diseases.
Articles 20 and 21. The Committee notes that the annual report on the work of the inspection services has not been received by the ILO. It hopes that, in future, these reports, containing information on all the subjects listed in Article 21, will be published and transmitted within the time-limit established in Article 20.
The Committee also requests the Government to enclose with its next report the following texts which it referred to in its first report: General Order No. 2442/IGT of 10 June 1946 respecting the organisation and operation of the labour inspectorate; Order No. 19 MTIC-CAB of 13 August 1977 concerning the attributions of the Abidjan independent labour inspection service; Order No. 32 MTIC-DCSR of 23 September 1978 establishing the regional labour and employment directorates; and Circular No. 390/MTAS/CAB of 17 March 1980 concerning the supervision of the activities of labour inspectors.
The Committee takes note of the Government's first report. The Government is asked to refer to the Committee's direct request concerning Convention No. 81 with regard to the application of the following Articles of the present Convention.
Article 6, paragraphs 2 and 3. See under Article 3, (2), of Convention No. 81, as follows:
Article 9, paragraph 3. See under Article 7, (3), ibid, as follows:
Article 14. See under Article 10, ibid, as follows:
Article 15. See under Article 11, ibid, as follows:
Article 18, paragraph 2(b). See under Article 13, (2), (b), ibid, as follows:
Article 19, paragraph 1. See under Article 14, ibid, as follows:
Article 21. See under Article 16, ibid, as follows:
Articles 26 and 27. See under Articles 20 and 21, ibid, as follows:
The Committee asks the Government also to provide information on the application of the following provisions of the present Convention:
Article 2. Please indicate whether and under what provisions labour inspectors are responsible for enforcing arbitration awards and collective agreements with force of law.
Article 4. Please indicate the provisions which determine the various categories of workers whose protection the inspection service is responsible for ensuring.
Article 16, paragraph 2. Please indicate the provisions which ensure that inspectors are prohibited from entering the private home of the operator of an agricultural undertaking without authorisation.
Article 17. Please indicate how labour inspectors are associated with preventive control activities.
Article 18, paragraph 4. Please indicate how employers and workers are informed of defects noted during inspection visits.
Article 19, paragraph 2. Please indicate how inspectors are associated with on-the-spot enquiries in the event of occupational accident or disease.
The Committee takes note of the information supplied by the Government in its first report. It would be grateful if, in its next report, the Government would provide additional information on the following points:
Articles 10 and 16. Please indicate, bearing in mind the various duties conferred on the Inspectorate of Labour and Social Legislation, whether the number of labour inspectors is sufficient to ensure that workplaces liable to inspection are inspected as often and as thoroughly as is necessary.
Article 13, paragraph 2(b). The Committee notes the Government's statement that, as part of the revision of the Labour Code, section 128 is to be amended to include a subsection empowering inspectors of labour and social legislation to make or have made orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers. It hopes that measures to give full effect to this provision will be taken shortly and requests the Government to provide information on any progress made in this respect.
Article 14. The Committee notes that, under section 80 of the Social Welfare Code, any occupational accidents or diseases noted in the workplace must be notified to the National Social Welfare Fund. Please indicate the manner in which the Inspectorate of Labour and Social Legislation is informed of occupational accidents and diseases.