Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Labour Inspection Convention, 1947 (No. 81) - Kenya (Ratification: 1964)

With reference also to its observation, the Committee notes the Government's reports and the documents annexed thereto, in particular the annual report from the Labour Department, containing information on labour inspection teams and their training during service, on statistics regarding inspection visits and their results, in particular information on the inspections regarding child labour and the annual report of the workers' compensation section for 1998 which includes statistics on occupational accidents.

Noting that representatives from the Department of Labour Administration attended a regional meeting in Harare in September 1998 on integrated labour inspection, the Committee would be grateful if the Government would transmit information on the conclusions of this meeting as regards the objectives of the Convention.

The Committee draws the Government's attention to the following points.

Articles 11, 16, 18 and 21(e) of the Convention. It appears from the information contained in the annual report of the Labour Department that financial constraints and staff shortages continue to affect labour inspection activities. However, difficulties with respect to means of transport were overcome by the use, where possible, of public transport, and often by walking, when the establishments to be inspected were located close to the premises of the inspectorate. The Committee recalls that it is imperative that all workplaces liable to inspection shall, in compliance with Article 16, be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. However, statistics on occupational accidents reveal a worrying increase between 1997 and 1998, with the majority of these accidents occurring in the private sector. Noting the information regarding the amounts allocated to victims and their families, the Committee recalls the necessity, in conformity with Article 18, to take steps also to ensure that the national legislation provides for adequate penalties for violations of the legal provisions enforceable by labour inspectors, and that such penalties should be effectively applied. The Committee explains in paragraph 263 of its 1985 General Survey on labour inspection that adequate penalties are those fixed at a sufficiently high level to have a dissuasive effect and that it would be decidedly regrettable if employers preferred to pay fines because they found them more economical than taking often costly occupational safety and health measures. The Committee hopes that the Government will communicate information in its next report on provisions governing the penalties applicable in cases of infringements within the meaning of Article 18 or, should such provisions not exist, to take the measures necessary in this connection. The Committee reminds the Government that statistics of violations and penalties imposed must, in conformity with Article 21(e), be icluded in the annual inspection reports.

Article 15. The Committee notes that labour inspectors give consideration to anonymous complaints on the grounds that they are the reflection of a real problem. Recourse to anonymity in the submission of complaints suggests that the principle of confidentiality of the source of complaints, as specified under Article 15(c), is insufficiently secure. The Committee requests the Government to address this crucial question on which respect for legal provisions often depends, especially provisions relative to occupational safety and asks it to take steps to re-establish the confidence of workers in this sphere and to supply the ILO with information on all measures adopted accordingly.

Article 8. The Committee notes with interest the information regarding the ILO technical cooperation programme aimed at promoting equality for women in employment as well as the cooperation programme established with the UNDP regarding Gender Mainstreaming and Advancement of Women. It recalls, in this connection, that pursuant to this provision, both men and women shall be eligible for appointment to the inspection staff. The Government is requested to supply information on the manner in which effect is given to this provision which provides, inter alia and where necessary, that special duties may be assigned to men and women inspectors.

Article 20. The Committee requests the Government to indicate whether, as provided under paragraph 2 of this Article, the annual reports containing the information on the subjects listed in Article 20 are published. If not, it requests the Government to take all measures necessary in this connection and transmit information on these measures to the ILO.

Article 21(g). With reference to its earlier comments, the Committee notes the information that, in 1998, 244 medical cases were referred to the Director of Medical Services, of which 28 cases occurred in the public sector and the rest in the private sector. The Committee would be grateful if the Government would specify whether these are cases of occupational diseases and, if so, to provide information on the legal basis of identification of the occupational origin of certain diseases, as well as on the procedure for notification of occupational diseases. In addition, it requests the Government to take the measures necessary to establish a system preventing the risk of occupational diseases both in private and public enterprises as soon as possible.