Labour Inspection Convention, 1947 (No. 81) - Kuwait (RATIFICATION: 1964)

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Previous comment

Article 3(1) and (2) of the Convention. Labour inspection activities concerning the enforcement of legislation in relation to the employment of foreign workers. The Committee notes the information provided by the Government with regard to the existence of an inter-agency committee comprising the Public Authority of Manpower, the Ministry of Interior, Kuwait Municipality and the Public Authority for Food and Nutrition. According to the Government this committee conducted 154 inspections in licenced and unlicensed enterprises, resulting in the detection of 2,029 cases of workers without work permits. The Government further indicates that the Public Authority of Manpower helped the affected workers in finding regular employment with employers registered with the Public Authority of Manpower. The Committee requests the Government to continue to provide information on the number of foreign workers without work permit identified by labour inspectors and on the number of those workers that were assisted in finding a regular employment. The Committee also requests the Government to continue to provide information on the activities conducted by labour inspectors with regard to the control of work permits of foreign workers, including the time and resources spent by the labour inspectorates in verifying the legal status of foreign workers as a proportion of inspectors’ overall time and resources.

Article 4. Supervision and control by a central authority. The Committee notes the Government’s indication, in reply to its previous comments, that labour inspectors and occupational safety and health inspectors operate under the supervision of the Public Authority of Manpower. The Government indicates that the National Centre on Occupational Safety and Health was created to complement the work of the Work Inspection Administration. It further indicates that there are 176 labour inspectors and 187 OSH inspectors distributed throughout the country in proportion, to the extent possible, with the number of enterprises registered in each governorate. The Committee takes note of this information which addresses its previous request.

Article 5. Effective cooperation between the inspection services and the judicial authorities and other Government services engaged in similar activities. In reply to the Committee’s previous comments, the Government indicates that work is under way on publishing judicial decisions online. It also indicates that there is cooperation between the National Centre for Occupational Safety and Health, under the Public Authority of Manpower, the Ministry of the Interior, and the authorities responsible for the registration of workers and the issuance of permits to enterprises. The Committee requests the Government to continue to provide information on cooperation with other Government services engaged in similar activities, and on measures taken to enhance effective cooperation between the labour inspection services and the judicial authorities. The Committee further requests that the Government provide information on how judicial decisions concerning cases referred to the court by labour inspectors are communicated to the inspectorate, including the number and nature of such referred decisions.

Article 7. Training of inspection staff. The Government indicates that the Public Authority of Manpower has developed an integrated training programme for labour inspectors. It adds that labour inspectors are appointed after undergoing theoretical and practical training over a period of one and a half years with the Public Authority for Applied Education and Training, in coordination with the Public Authority of Manpower. Once the training is completed, labour inspectors obtain an accredited labour inspection certificate. The Committee requests the Government to continue to provide information on the training provided to labour inspectors in the performance of their duties, more specifically the number of labour inspectors that have received training, the duration of such training, the subjects covered, and whether it was induction or continuing training.

Article 12(1)(a). Free entry of inspectors into workplaces liable to inspection. The Committee previously noted that, pursuant to section 134 of the 2010 Labour Law, officials designated to supervise the implementation of the Law have access to establishments during official working hours. The Committee recalls that, according to Article 12(1)(a) of the Convention, labour inspectors shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. The Government indicates that it will take the necessary steps to amend section 134 of the Labour Law to bring it in line with the provisions of the Convention. The Committee therefore requests the Government to provide information on the legislative measures taken to ensure that labour inspectors are empowered to make visits to workplaces liable to inspection without previous notice at any hour of the day or night, in conformity with Article 12(1)(a) of the Convention, and to provide a copy of such measures upon adoption.

Articles 20 and 21. Labour inspection report. The Committee notes that no labour inspection report has been communicated to the Office and that the Government report does not contain the information required under Article 21(c)–(g).Therefore, the Committee requests the Government to provide information on the measures taken in order to compile, publish and transmit to the Office a labour inspection report that contains all the information required by Article 21(a)–(g) of the Convention.

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Article 4 of the Convention. Organization and functioning of the labour inspection system under the supervision and control of a central authority. The Committee notes that section 133 of Labour Law No. 6 of 2010 (the 2010 Labour Law) states that a resolution of the Minister of Labour and Social Affairs shall designate officials to implement the Law, and that these officials shall have the capacity of judicial officers. In this regard, the Committee notes the Government’s statement that it has recently established the Public Authority for Manpower, responsible for labour affairs. Section 3 of Law No. 109 of 2013 establishing the Public Authority for Manpower states that the functions of this Authority shall include the supervision of the labour force in the private sector and the oil sector, and that labour inspectors shall have enforcement powers for this purpose. Section 2 provides that this Authority shall be supervised by the Minister of Labour and Social Affairs. The Committee asks the Government to provide information on the impact of the adoption of the 2010 Labour Law and the establishment of the Public Authority for Manpower on the organization and operation of the labour inspection system. In this regard, it requests the Government to provide an up-to-date organizational chart of the labour inspection system and to describe its structure and functioning.

Articles 5(a) and 21(e). Effective cooperation between the inspection services and the judicial authorities. The Committee notes the Government’s statement that, in view of the recent establishment of the Public Authority for Manpower, it is in the process of putting in place a mechanism intended for recording the judicial decisions rendered on contraventions reported by labour inspectors. The Committee requests the Government to continue to provide information on the measures taken to promote an effective cooperation between the inspection services and the judicial authorities, in light of the recommendations contained in its general observation of 2007, and to provide information on the impact of the establishment of a mechanism for recording judicial decisions on contraventions reported by labour inspectors, once in place.

Article 7. Training of inspection staff in relation to general conditions of work. The Committee notes the Government’s statement that, with regard to training, it has held several workshops. This included a workshop on labour inspection held in 2011 in collaboration with the ILO, as well as a workshop on the role of the labour inspectorate in combating forced labour and human trafficking, held in 2014. The Government further indicates that it is currently formulating a plan on training courses. The Committee asks the Government to provide a copy of the plan on training courses, once completed. It also requests that the Government provide information on the implementation of this plan, including the subjects of the courses provided to labour inspectors, the duration of the training and the number of participants.

Article 12(1)(a). Scope of the right of free entry of inspectors into workplaces liable to inspection. The Committee notes that pursuant to section 134 of the 2010 Labour Law, officials designated to supervise the implementation of the Law shall have access to establishments during official working hours in order to inspect their records and register and request data and information. In this regard, the Committee draws the Government’s attention to paragraph 270 of its 2006 General Survey on labour inspection, where it explained that the protection of workers and the technical requirements of inspection should be the primary criteria for determining the appropriate timing of visits, and that this may warrant inspections outside of working hours. In this respect, the Committee requests that the Government provide information on any measures taken or envisaged to ensure that the powers of entry of labour inspectors are extended to any hour of the day or night regardless of the working hours of the workplaces liable to inspection, in line with Article 12(1)(a) of the Convention.

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Articles 5(a) and 21(e) of the Convention. Effective cooperation between the inspection services and the judicial authorities. The Government in its report indicates that it is attempting to put in place a mechanism for recording and communicating any judicial decisions on contraventions reported to judges by the inspection service with a view to fining those responsible in accordance with the law, and hopes that the mechanisms in question will result in the inclusion of statistical data on judicial decisions in the annual labour inspection report. The Committee requests the Government to indicate any measures adopted or envisaged with a view to setting up a mechanism for recording judicial decisions on contraventions reported by labour inspectors, and to provide information on the nature of that mechanism and its impact in practice, illustrated as far as possible with numerical data.

Article 7. Training of inspection staff in relation to general conditions of work. The Committee notes the information provided by the Government on the mechanisms in place for training labour inspectors. The Committee requests the Government to provide more precise information on the training of labour inspectors for the period covered by the next report, noting in particular the subject areas, duration and type of training, and the exact number of participants. The Committee reminds the Government that the ILO’s technical assistance may be requested in that regard.

Articles 14, 20 and 21. Annual labour inspection report and statistics of industrial accidents and occupational diseases. Replying to the Committee’s comments on these points, the Government refers to the 2010 labour inspection report, a copy of which was, according to the Government, transmitted to the ILO. The Committee notes, however, that the report was not received by the ILO.

The Committee recalls its general observation of 2010, in which it emphasized the essential importance that it attaches to the publication and communication to the ILO within the prescribed time limits of an annual labour inspection report. When well prepared, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness. The Committee recalls in this regard that very valuable guidance is provided by the Labour Inspection Recommendation, 1947 (No. 81), on the content and presentation of such information. The Committee again emphasizes the importance of including a description of the area of competence of national labour inspection staff (workplaces and workers covered) in order to allow an assessment of coverage in practice, where necessary through appropriate inter-institutional cooperation.

The Committee requests the Government to communicate a copy of the annual inspection report, in accordance with Article 20 of the Convention, and hopes that it will contain the information specified in Article 21 and needed in order to assess the operation of the labour inspection system.

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The Committee notes the Government’s report, which reached the ILO in September 2009, and the statistical tables on inspection activities carried out in 2006 and their results, which were attached to the report.

Articles 5(a) and 21(e) of the Convention. Effective cooperation between the inspection services and the judicial authorities. Noting the Government’s commitment to adopting the measures recommended in the general observation of 2007 to promote such cooperation, the Committee would be grateful if the Government would provide information in its next report on the measures adopted and their impact in practice, illustrated in so far as possible by statistical data.

Article 7. Training of inspection staff in relation to general conditions of work. According to the Government, the courses provided for labour inspectors are principally intended to improve their capacity to discharge their functions, including the supervision of legal provisions relating to conditions of work and the protection of workers. It indicates that it will provide further information on the training provided. The Committee would be grateful if the Government would provide indications of the frequency, duration and type of training provided to labour inspectors, and the number of participants during the period covered by the next report. The Committee reminds the Government that ILO technical assistance can be requested with a view to improving the competence levels of inspectors and their adaptation to changes in the world of work.

Articles 14 and 21(f) and (g). Statistics of industrial accidents and occupational diseases. The Committee takes due note of the Government’s commitment to provide the indications requested concerning the specific risks to which workers are exposed when engaged in “community services and social services” and requests it to do so in its next report.

The Committee also requests the Government to take measures to promote procedures for the diagnosis of cases of occupational disease and the compilation of relevant statistics, and to provide the necessary information with its report.

Articles 20 and 21. Annual labour inspection report. While noting with interest the data provided in the Government’s report on labour inspection activities relating to compliance with legal provisions respecting general conditions of work, occupational safety and health and the security of workers’ accommodation, the Committee reminds the Government that, in accordance with the Convention, an annual report containing information on the subjects set out in clauses (a) to (g) of Article 21 is to be published and communicated to the ILO by the central labour inspection authority, on an annual basis, in accordance with the time limits set out in Article 20. The purposes of such reporting at the national and international levels are explained by the Committee in its General Survey of 2006 on labour inspection, and indications are provided in Paragraph 9 of Recommendation No. 81 on the manner in which information could be viably presented. The Committee invites the Government to refer in particular in this respect to its general observation of 2009 on the need to establish and update a register of workplaces and enterprises liable to inspection. The Government is therefore requested to ensure that full effect is given to Articles 20 and 21 of the Convention through the publication and communication by the central inspection authority to the ILO of an annual report containing information that is useful for evaluating the operation of the inspection system and determining the means required for the progressive improvement of the level of application of the Convention.

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The Committee notes the Government’s report in reply to its previous comments. It notes the Government’s undertaking to supply information in its next report describing the measures taken to meet the requests made by the Committee in its previous observation, which read as follows:

1. Presentation of industrial accident statistics and prevention. The Committee notes with satisfaction the breakdown of data on the number of industrial accidents, their causes, the nature of injuries sustained, and their consequences regarding capacity for work, by employment branch and by region according to the period of the year (Article 21(f)). It notes with concern, however, the large number of industrial accidents reported, in particular in the building and construction industry (871), the commerce, hotel and catering (695) and the processing industries (327) during the period covered. These accidents resulted in, respectively for each of these branches of employment, permanent incapacity for work for 67 workers, 625 workers and 244 workers. Analysis of the causes of the accidents highlights, for the most part, personal falls (277 in building and construction, 240 in the commerce, catering and hotel trade, and 74 in the processing industries), falling objects (242 in building and construction, 122 in the commerce, hotel and catering industry, and 94 in the processing industries), as well as accidents caused by machines and plant (225, 138 and 94 respectively). According to the statistics of the labour inspection on safety and health at work, supplied by the Government for 2003, only two contraventions to sections 15, 18, 19 and 20 of Ministerial Order No. 114/1996 on the hazards of falling were registered during a first visit to the construction sector and that this figure was reduced to zero during the inspection to check compliance. In the commerce, hotel and catering sector, the number of violations to the relevant legislation was reduced from 111 on the first visit to 13 on the follow-up visit, but the number of 277 falls in the first sector and 122 in the second, during the following year should make the central inspection authority question the efficiency of inspections regarding prevention of industrial accidents. In particular, the authority should envisage laying down measures, first, to enhance the competence of inspectors responsible for health and safety at work and, secondly, to arouse the awareness of employers in the sectors most affected to the highest risks and the means of avoiding them or at least reducing them to a reasonable level. In several countries, further to the provisions by the inspectors of technical counselling and advice, the increase of social insurance subscriptions for employers, on the basis of the number and seriousness of industrial accidents linked to neglect of safety measures required by legislation, has proved effective in this respect.

The Committee notes that the compilation of statistics provides no information on penal or administrative sanctions applied to employers in violation of the relevant legal provisions. The repressive role of the labour inspection is nevertheless fundamental in this regard when measures of an educational nature remain ineffectual. Appropriate publicized sanctions have made it possible in many countries to arouse consciences to the need to comply with prescriptions on safety and health at work. In Chapter III of its 2006 General Survey on labour inspection, the Committee describes the various aspects of the repressive role of this institution. It hopes that the Government will find useful information therein and will be able to supply in its next report information showing a positive evolution on the subject and that statistics indicating the translation into practice of this evolution will be included in the annual inspection report.

2. Inadequacy of inspection activities in regard to general labour conditions. With regard to violations of legislation on general labour conditions such as hours of work, payment of wages, holidays, child labour, the right to breastfeed and to maternity leave, and workers’ living conditions, the compilation contains only a few indications which are insignificant in regard to the population covered.

In contrast, the Committee notes once again a plethora of extremely detailed information on supervisory activities and their results regarding labour permits, permits to import labour and movements of the imported labour force, showing the violations committed by workers and the sanctions applied to them.

In 2004, they included:

–      4,186 violations of legislation regarding registration of labour;

–      1,344 violations of legislation relating to clocking in and out;

–      3,082 violations of employment under guarantee of a third employer; and only

–      one violation to legislation on employment of young persons;

–      no violations on maternity leave; and

–      no violations of the obligation to pay wages.

Analysis of violations by branch of employment reveals, on page 211 of the compilation of statistics for 2004, that in commerce, hotel and catering – which hold the record for violations registered by the labour inspection (72 per cent) – they are essentially linked to food hygiene in catering. On the one hand, this field clearly goes beyond the scope of the inspection systems laid down in the Convention (Article 3) and, on the other, it is not mentioned as coming under the scope of the national inspection system by any of the texts on the subject available at the ILO. The responsibilities conferred on labour inspection personnel by virtue of Order No. 137 of 2001 of the Ministry of Labour and Social Affairs are designed to ensure application of labour legislation in regard to labour conditions, occupational safety and social protection of workers (sections 1, 2(1)), as well as ensuring compliance with labour legislation.

The Committee draws the Government’s attention to Article 3(2) of the Convention under which any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the discharge of their primary duties. Despite plentiful relevant legislation, inspection activities designed to ensure the application of provisions on labour conditions and workers’ protection seem, nevertheless, to account for only a very small share of the material resources and working time of the labour inspection staff in comparison with its activities designed to supervise movements of foreign workers. Such a situation is contrary to the letter and the spirit of Convention No. 81 and must therefore be remedied by measures ensuring the reorientation of the labour inspection function in compliance with the requirements of the Convention. Noting that Ministry of Labour and Social Affairs Order No. 111 of 1998 provides for participation of representatives of the central labour inspection administration in the preparatory commission for labour inspector training sessions, the Committee trusts that, in accordance with the spirit of Article 7 of the Convention, these programmes will relate in future to improving inspectors’ capacities to carry out the work inherent in supervision of legislation relating to labour conditions and protection of workers and that information indicating developments in this direction will soon be supplied to the ILO.

The Committee cannot overemphasize the value of ensuring that the labour inspection is directed principally at functions ensuring the application of legal provisions relating to conditions of work and protection of workers and is freed from any other function constituting an obstacle to the performance of these functions, as would seem to be the case in regard to hygiene control of food in commercial catering and the control of documents relating to movement of migrant workers. The Committee hopes that the Government will take measures to this end and that information on progress in this direction will soon be supplied to the ILO, including statistical data included in the annual inspection report.

The Committee reminds the Government that it also addressed a direct request to it, which read as follows:

Referring to its observation and to its previous comments (1999), the Committee notes once again that, according to the statistics compilation for 2004, one of the high-risk branches of employment for the health and safety of workers is the one shown in the tables under the heading “Community services and social services”. In it there have been 101 industrial accidents resulting in permanent disability for 117 workers. As the Government has not supplied the details requested allowing the risks faced by workers to be identified, the Committee would be grateful if it would do so in a full and detailed manner in its next report.

The Committee hopes that the Government will not fail to take the requested measures and to keep the Office duly informed.

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Referring to its observation and to its previous comments (1999), the Committee notes once again that, according to the statistics compilation for 2004, one of the high-risk branches of employment for the health and safety of workers is the one shown in the tables under the heading “Community services and social services”. In it there have been 101 industrial accidents resulting in permanent disability for 117 workers. As the Government has not supplied the details requested allowing the risks faced by workers to be identified, the Committee would be grateful if it would do so in a full and detailed manner in its next report.

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The Committee notes the Government’s report containing information in reply to its previous comments, as well as the attached supporting documents. In particular, it notes with satisfaction the statistical report for 2004 supplying full data on the labour inspection activities concerning migrant workers in the private sector, along with an analysis by employment branch of the results. The Committee would be grateful if the Government would specify whether this report was published as required under Article 20 of the Convention and would be grateful if it would supply a copy of any comments made by the occupational organizations on the matters covered.

1. Presentation of industrial accident statistics and prevention. The Committee notes with satisfaction the breakdown of data on the number of industrial accidents, their causes, the nature of injuries sustained, and their consequences regarding capacity for work, by employment branch and by region according to the period of the year (Article 21(f)). It notes with concern, however, the large number of industrial accidents reported, in particular in the building and construction industry (871), the commerce, hotel and catering (695) and the processing industries (327) during the period covered. These accidents resulted in, respectively for each of these branches of employment, permanent incapacity for work for 67 workers, 625 workers and 244 workers. Analysis of the causes of the accidents highlights, for the most part, personal falls (277 in building and construction, 240 in the commerce, catering and hotel trade, and 74 in the processing industries), falling objects (242 in building and construction, 122 in the commerce, hotel and catering industry, and 94 in the processing industries), as well as accidents caused by machines and plant (225, 138 and 94 respectively). According to the statistics of the labour inspection on safety and health at work, supplied by the Government for 2003, only two contraventions to sections 15, 18, 19 and 20 of Ministerial Order No. 114/1996 on the hazards of falling were registered during a first visit to the construction sector and that this figure was reduced to zero during the inspection to check compliance. In the commerce, hotel and catering sector, the number of violations to the relevant legislation was reduced from 111 on the first visit to 13 on the follow-up visit, but the number of 277 falls in the first sector and 122 in the second, during the following year should make the central inspection authority question the efficiency of inspections regarding prevention of industrial accidents. In particular, the authority should envisage laying down measures, first, to enhance the competence of inspectors responsible for health and safety at work and, secondly, to arouse the awareness of employers in the sectors most affected to the highest risks and the means of avoiding them or at least reducing them to a reasonable level. In several countries, further to the provisions by the inspectors of technical counselling and advice, the increase of social insurance subscriptions for employers, on the basis of the number and seriousness of industrial accidents linked to neglect of safety measures required by legislation, has proved effective in this respect.

The Committee notes that the compilation of statistics provides no information on penal or administrative sanctions applied to employers in violation of the relevant legal provisions. The repressive role of the labour inspection is nevertheless fundamental in this regard when measures of an educational nature remain ineffectual. Appropriate publicized sanctions have made it possible in many countries to arouse consciences to the need to comply with prescriptions on safety and health at work. In Chapter III of its 2006 General Survey on labour inspection, the Committee describes the various aspects of the repressive role of this institution. It hopes that the Government will find useful information therein and will be able to supply in its next report information showing a positive evolution on the subject and that statistics indicating the translation into practice of this evolution will be included in the annual inspection report.

2. Inadequacy of inspection activities in regard to general labour conditions. With regard to violations of legislation on general labour conditions such as hours of work, payment of wages, holidays, child labour, the right to breastfeed and to maternity leave, and workers’ living conditions, the compilation contains only a few indications which are insignificant in regard to the population covered.

In contrast, the Committee notes once again a plethora of extremely detailed information on supervisory activities and their results regarding labour permits, permits to import labour and movements of the imported labour force, showing the violations committed by workers and the sanctions applied to them.

In 2004, they included:

–      4,186 violations of legislation regarding registration of labour;

–      1,344 violations of legislation relating to clocking in and out;

–      3,082 violations of employment under guarantee of a third employer; and only

–      one violation to legislation on employment of young persons;

–      no violations on maternity leave; and

–      no violations of the obligation to pay wages.

Analysis of violations by branch of employment reveals, on page 211 of the compilation of statistics for 2004, that in commerce, hotel and catering – which hold the record for violations registered by the labour inspection (72 per cent) – they are essentially linked to food hygiene in catering. On the one hand, this field clearly goes beyond the scope of the inspection systems laid down in the Convention (Article 3) and, on the other, it is not mentioned as coming under the scope of the national inspection system by any of the texts on the subject available at the ILO. The responsibilities conferred on labour inspection personnel by virtue of Order No. 137 of 2001 of the Ministry of Labour and Social Affairs are designed to ensure application of labour legislation in regard to labour conditions, occupational safety and social protection of workers (sections 1, 2(1)), as well as ensuring compliance with labour legislation.

The Committee draws the Government’s attention to Article 3(2) of the Convention under which any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the discharge of their primary duties. Despite plentiful relevant legislation, inspection activities designed to ensure the application of provisions on labour conditions and workers’ protection seem, nevertheless, to account for only a very small share of the material resources and working time of the labour inspection staff in comparison with its activities designed to supervise movements of foreign workers. Such a situation is contrary to the letter and the spirit of Convention No. 81 and must therefore be remedied by measures ensuring the reorientation of the labour inspection function in compliance with the requirements of the Convention. Noting that Ministry of Labour and Social Affairs Order No. 111 of 1998 provides for participation of representatives of the central labour inspection administration in the preparatory commission for labour inspector training sessions, the Committee trusts that, in accordance with the spirit of Article 7 of the Convention, these programmes will relate in future to improving inspectors’ capacities to carry out the work inherent in supervision of legislation relating to labour conditions and protection of workers and that information indicating developments in this direction will soon be supplied to the ILO.

The Committee cannot overemphasize the value of ensuring that the labour inspection is directed principally at functions ensuring the application of legal provisions relating to conditions of work and protection of workers and is freed from any other function constituting an obstacle to the performance of these functions, as would seem to be the case in regard to hygiene control of food in commercial catering and the control of documents relating to movement of migrant workers. The Committee hopes that the Government will take measures to this end and that information on progress in this direction will soon be supplied to the ILO, including statistical data included in the annual inspection report.

The Committee is addressing a request on another point directly to the Government.

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The Committee notes the Government’s report and the replies to its previous comments. Noting that the documents mentioned as being attached to the report have not reached the Office, namely the annual inspection report for 2000, the publication containing statistics on migrant workers in the private sector for 2001, the table of the staff of the labour inspectorate and the copies of the legislative texts requested in previous comments, the Committee would be grateful if the Government would ensure that they are transmitted.

The Committee notes with interest the provisions of Order No. 137 of 2001 designating the persons responsible for the supervision of the legal provisions relating to labour, which give effect to Article 9 of the Convention on the collaboration of technical experts with the staff of the labour inspectorate, and to Article 12 on the right of inspectors to enter freely the workplaces in the private sector under their jurisdiction and the powers of investigation conferred upon them during inspections. The Committee also requests the Government to provide information on the qualifications required for candidates for positions as labour inspectors and to provide the texts relating to the agreement which, according to the Government, was concluded between the Ministry of Labour and Social Affairs and the General Institute for Applied Education for the organization of training sessions for labour inspectors, as well as information on the content of this training (Article 7).

The Committee notes that, in accordance with section 6 of the above Order, inspectors and medical supervisors of the Ministry of Health are responsible for enforcing the provisions relating to occupational health. It also notes that the reports of violations are established on forms prepared by the Ministry of Labour and Social Affairs and transmitted to the Ministry of the Interior. With reference to Article 4 of the Convention, which provides that the inspection system shall be placed under the supervision and control of a central authority, the Committee requests the Government to describe the structure of the labour inspection system, to indicate the conditions and the manner in which physicians from the Ministry of Health collaborate in inspection activities and to describe the arrangements for initiating legal proceedings for violations of the labour legislation enforceable by the labour inspectorate.

Noting the general information on the working conditions of labour inspectors, the Committee would be grateful if the Government would supplement this information with further details on the transport facilities made available to labour inspectors and any text respecting the reimbursement to inspectors of their professional travel expenses (Article 11, paragraphs 1(b) and 2).

Noting that Order No. 137 of 2001 does not contain provisions authorizing labour inspectors, in accordance with Article 13, paragraph 2(b), to make or to have made orders with immediate executory force in the event of imminent danger to the health or safety of the workers, the Committee requests the Government to indicate whether, and in what manner, effect is given to this provision and to provide copies, where appropriate, of any relevant texts or, if none exist, to rapidly adopt measures to this end and keep the Office informed.

Noting that the amount of the penalties applicable to those violating the labour legislation is determined by section 97 of the Labour Code applicable to the private sector, adopted in 1964, and drawing the Government’s attention to the advantages of determining penalties by means of regulations, which are more rapid to adopt and therefore to adapt to monetary fluctuations than legislation, the Committee would be grateful if the Government would indicate the manner in which it is ensured that sanctions are adequate, in accordance with Article 18, in the sense of being dissuasive, and, if this is not done, to adopt measures to this end and keep the Office informed.

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The Committee notes the Government’s report and the documents which are attached or which were supplied subsequently at the Office’s request. It also notes the partial replies to its previous comments and the sheets presenting statistical tables on inspection for 1999.

1. Publication and communication to the ILO of an annual inspection report. Noting that the Government has not supplied, as announced, the annual inspection report for 2000, the Committee wishes to emphasize once again that, under the terms of Articles 20 and 21 of the Convention, laws and regulations relevant to the work of the inspection service, as well as information on the staff of the labour inspection service and statistics of workplaces liable to inspection and the number of workers employed therein, inspection visits, violations and penalties imposed, industrial accidents and occupational diseases, should be contained in an annual report published regularly and communicated to the ILO by the central inspection authority. It hopes that the Government will not fail to ensure, as it has undertaken to do, that such a report is available in future.

2. Legislation on labour inspection. The Committee notes the communication of Order No. 137 of 2001 designating the officials competent to supervise the implementation of labour legislation and its implementing texts, which annuls a series of texts, namely Order No. 30 of 1977 and the texts amending it, and Orders No. 46 of 1977, No. 84 of 1985 and No. 93 of 1992, which had been provided with a report received in October 2000. In the latter report, the Government referred, among others, to Order No. 113 of 1995 respecting the conditions and characteristics for the adequate accommodation of workers and No. 114 of 1996 on the conditions required for the protection of workers and persons present at workplaces against occupational risks. It also referred to a manual published by the Labour Department on violations committed by employers and workers, including contraventions of occupational safety requirements. The Committee requests the Government to provide copies of the above texts so that it has the necessary information to assess the extent to which the Convention is applied.

3. Statistics of industrial accidents and occupational diseases. The Committee notes with interest that the statistics of industrial accidents are classified, as advocated in Paragraph 9(f) of the Labour Inspection Recommendation (No. 81), by industry and occupation, according to cause and whether they are fatal or non-fatal. However, it once again reminds the Government that, under the terms of Article 21(g) of the Convention, statistics of occupational diseases should also be compiled and published. It hopes that the Government will not fail to ensure that statistics of occupational diseases are in future contained in annual inspection reports. It would be useful if both statistics of occupational diseases and of industrial accidents are also classified according to the guidance provided by the Recommendation (Paragraph 9(g)).

4. Statistics of violations and penalties. The Committee notes that the information and details provided by the statistical tables concerning violations almost exclusively concern the legal provisions on work permits, authorizations for the recruitment of foreign workers and the lawfulness of the employment relationship. Statistics are missing on violations of the legal provisions relating to occupational safety and health and other conditions of work liable to supervision by inspectors, such as working hours and wages. The Committee would be grateful if the Government would ensure, where possible, that statistics of violations of legal provisions in the above fields indicate the number of infringements reported to the competent authorities, the classification of such infringements according to the legal provisions to which they relate and the nature of the penalties imposed.

5. The Government is also requested to provide detailed information on the measures guaranteeing labour inspectors stability of employment and independence of improper external influences.

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With reference also to its observation under the Convention, the Committee notes that the Government has not replied to the requests that it made in previous comments on the following points:

Communication of legislative texts. The Committee requested the Government to provide the new texts adopted respecting labour inspection, and particularly those referred to in the report of the seminar held in Kuwait from 18 to 22 April 1998, including Agreement No. 9 of 1998 and Resolution No. 8 of 1998 respecting labour inspection, the Order of 1994, which was referred to during the above seminar, establishing a tripartite inter-ministerial committee covering labour inspection, and any other relevant text.

Articles 9 and 20. The Committee also requested the Government to provide information on the manner in which effect is given to Article 9, respecting the collaboration of specialists in medicine in the work of inspection, and Article 20, which establishes the requirement for the central inspection authority to publish, within the time limits laid down, annual inspection reports.

The Committee therefore once again hopes that the Government will not fail to provide the documents and information requested.

Article 10. The Committee requests the Government to provide detailed information on the manner in which effect is given to each of the provisions of this Article with regard to the number and distribution of labour inspectors, the material means placed at their disposal and the practical conditions under which visits of inspection are carried out.

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The Committee notes the Government's report. It also notes the annual reports of the inspection services for 1996, 1997 and 1998.

Article 21(e) of the Convention. An examination of the voluminous statistics on labour inspection which were provided shows that the majority of the enterprises inspected in the field of occupational safety are in breach of the law, that employment accidents are very frequent and, in addition to the activities normally subject to the risk of employment accidents (construction work, building and transport), affect another category of activities designated by the terms "social services", "personal services" or "community services", in which 4,227 employment accidents occurred in 1996 and 2,991 in 1997, with an increase in the number of fatalities in 1997. The Committee also notes that the statistics concerning the cases brought to the courts show that no fines were imposed on those responsible for violations. The Committee would therefore be grateful if the Government would provide information on the nature of the activities covered by the terms "social services", "personal services" and "community services" and if it would indicate the manner in which it is envisaged to achieve the maximum compliance by employers with the legal and technical requirements relating to occupational safety and health. It also requests the Government to indicate whether the figures relating to workers violating security rules (71,308 in 1996 and 117,177 in 1997) correspond to violations by individual workers or the total workforce of enterprises in which violations have been committed.

Article 21(g). With reference to its earlier comments, the Committee asks the Government to ensure that the annual report of the inspection services contains statistics of occupational diseases.

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The Committee notes the detailed information provided by the Government in its last report. It notes with interest, in particular with regard to the adoption of new legislation and the organization of a recent national seminar which took place in Kuwait from 18 to 22 April 1998 with the participation of national and international experts, that the authorities are devoting greater attention to the need for an appropriately organized labour inspection system with the human and material resources needed to cover all establishments subject to the provisions of labour inspection legislation. The Committee hopes that the discussions that took place at this seminar will contribute to more effective application of the provisions of the Convention.

1. The Committee notes the adoption of Order No. 114 of 1996 concerning prevention and conditions at workplaces for protecting employees against work-related hazards. It requests the Government to provide in its next report copies of other recently adopted laws regarding labour inspection, in particular those cited in the report of the above-mentioned seminar, including Agreement No. 9 of 1998 and Resolution No. 8 of 1998 concerning labour inspection, and to provide information on the application of the new legislation and the use of material means, with a view to ensuring more effective management of labour inspection activities.

2. Noting that the report on the work of the above-mentioned national seminar on labour inspection refers to the creation by an Order of the Council of Ministers in 1994 of a tripartite interministerial commission responsible for labour inspection among other matters, the Committee requests the Government to provide a copy of the relevant texts with its next report.

3. The Committee notes that the documents provided by the Government in the annex to its report contain no information regarding the medical experts and specialists who are supposed under the terms of Article 9 of the Convention to be associated in the work of inspection in order to ensure that legal provisions relating to health and safety are duly applied. It requests the Government to indicate the measures taken or envisaged with a view to applying this provision of the Convention as effectively as possible.

4. Noting the detailed labour inspection statistics for 1995, the Committee recalls that under Article 20 of the Convention, the central inspection authority is required to publish an annual general report on the work of the inspection services under its control (paragraph 1) and that copies of the annual reports must be transmitted to the Director-General of the International Labour Office within a reasonable period after their publication and in any case within three months (paragraph 3). The Committee emphasizes once again that the annual reports provide information on problems encountered in the course of labour inspection activities and on the practical results of these activities, and show to what extent it has been possible to ensure that workplaces are inspected as often and as thoroughly as necessary (Article 16). It therefore requests the Government to give effect to this provision, in particular by transmitting the annual reports referred to above within the periods required, and draws the Government's attention to the guidelines set out in Part IV of Recommendation No. 81 supplementing the Convention regarding the information which could be included in the annual inspection reports. Referring also to its general observation on the application of the Convention (1996), the Committee requests the Government to include in its next annual reports the information required under the terms of Article 21 of the Convention, including statistics of occupational diseases which the employer is required to record and keep at the workplace in accordance with section 10 of Order No. 114 (1996) referred to above as well as any other labour inspection statistics that may be of use.

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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:

Articles 7, paragraph 3, 16, 20 and 21, of the Convention. Further to its previous comments, the Committee notes that no annual labour inspection reports have been published and communicated by the Government. It recalls the importance attached to the publication and transmission to the Office of annual inspection reports containing all the information referred to in Article 21. These reports help provide indications on the problems and practical results of inspection activities, and show how far the Convention's aim of ensuring that undertakings are inspected as often and as thoroughly as necessary is implemented. In this light, the Committee notes from the Government's most recent report that a new labour inspectorate has been established within the Ministry of Labour and Social Affairs, and that a new draft Labour Code applicable to the private sector and covering the requirements of the Convention is being drafted. It trusts this reorganization and the early adoption of the new Labour Code will permit the Government to address the difficulties encountered in ensuring full application of the Convention. It welcomes the information that participants from Kuwait have taken part in courses and seminars organized by the Arab Regional Centre for Labour Administration in Tunis and wishes to underline the importance of providing labour inspectors with initial and subsequent training needed for the performance of their duties. Please provide a copy of the legislation that established the new labour inspectorate as well as a copy of the new draft Labour Code on the private sector, and indications as to the progress made in relation to the above points.

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Articles 7, paragraph 3, 16, 20 and 21 of the Convention. Further to its previous comments, the Committee notes that no annual labour inspection reports have been published and communicated by the Government. It recalls the importance attached to the publication and transmission to the Office of annual inspection reports containing all the information referred to in Article 21. These reports help provide indications on the problems and practical results of inspection activities, and show how far the Convention's aim of ensuring that undertakings are inspected as often and as thoroughly as necessary is implemented. In this light, the Committee notes from the Government's most recent report that a new labour inspectorate has been established within the Ministry of Labour and Social Affairs, and that a new draft Labour Code applicable to the private sector and covering the requirements of the Convention is being drafted. It trusts this reorganization and the early adoption of the new Labour Code will permit the Government to address the difficulties encountered in ensuring full application of the Convention. It welcomes the information that participants from Kuwait have taken part in courses and seminars organized by the Arab Regional Center for Labour Administration in Tunis and wishes to underline the importance of providing labour inspectors with initial and subsequent training needed for the performance of their duties. Please provide a copy of the legislation that established the new labour inspectorate as well as a copy of the new draft Labour Code on the private sector, and indications as to the progress made in relation to the above points.

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Articles 16, 20 and 21 of the Convention. The Committee notes the information relating to 1989 provided in the Government's reply to its earlier comments. It recalls the importance it attaches to the publication and transmission to the Office of annual inspection reports which should contain all the information referred to in Article 21. The purpose of these reports is to facilitate an assessment of the problems and practical results of inspection activities, and to show how far the Convention's aim of ensuring that undertakings are inspected as often and as thoroughly as necessary to ensure the application of the legislation is implemented. In this light, the Committee notes that the large majority of undertakings inspected in 1989 had breached the provisions of legislation, although most of these subsequently corrected themselves. It hopes future reports will indicate any further measures taken in this light. It trusts also that the Government will publish annual inspection reports which include all the points listed in Article 21, within the time-limits set in Article 20 of the Convention.

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Articles 20 and 21 of the Convention. Further to its previous comments, the Committee would again draw the Government's attention to the requirements of these Articles. It hopes that annual reports on the work of the inspection services will be published within the time-limits set out in the Convention and that they will contain detailed information on the subjects listed in Article 21.

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Articles 20 and 21 of the Convention. The Committee wishes to draw the Government's attention once again to the obligation to publish and transmit to the International Labour Office, in accordance with the provisions of Article 20, annual general reports on the work of the inspection services containing, inter alia, detailed information on all the subjects listed in Article 21. It expresses the hope that this obligation will be fully respected in the future.