Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Labour Inspection Convention, 1947 (No. 81) - French Polynesia

1. Safety of professional divers employed in pearl farms. Referring to its previous observation on the recruitment and training rules of underwater divers employed in pearl farms, and recalling in this regard the recommendations of the ILO Governing Body following the examination of the representation made by the World Federation of Trade Unions (WFTU) during its 265th session held in March 1996, the Committee notes with satisfaction Decision No. 2000-130 APF of 26 October 2000 on professional divers, which specifies the special measures for the protection of workers operating in a hyperbaric environment and the organization of their professional training. In this regard, the Committee notes in particular that, according to section 4(6), line 4 of the text, labour inspectors or labour monitoring officers may impose, by virtue of a formal demand, heads of undertakings or their representatives to carry out in part or in full the monitoring of technical diving rules by the competent authorities. The decision/resolution contains provisions on the minimum age to admission to training (16 years); employment of underwater divers and maximum age (40 years); compulsory continuous training; equivalence between diplomas and work categories; medical control; professional equipment and their maintenance. The Committee notes however the appeal lodged by the representative of the State before the administrative tribunal so as to annul a few provisions of this decision which are not in conformity with the general principles of labour law. The Committee would be grateful if the Government could communicate detailed information on the subject of the appeal, and if this is not possible, the decision of the administrative tribunal.

2. Human and material resources available for labour inspection. The Committee further notes that in respect of its previous observation concerning insufficient operating funds, investment and inspection personnel, the State has taken specific measures so as to provide the necessary funds to labour inspection, and to ensure the beginning of the first round of recruitment. The Committee expresses the hope that the Government continues to provide information on the evolution of the labour inspection system as to human and material resources in light of the provisions set forth in Articles 3, 9, 10, 11, 12, 16, 17 and 18 of the Convention, as well as information on the results of inspection visits carried out on pearl farms.

3. Occupational accidents and diseases. The Committee notes the preoccupying situation described in the annual inspection report for 2000, regarding health and safety. It notes in particular the increasing numbers of fatal occupational accidents not only in the professional diving activity but also in the sectors of construction, and public works. In this connection, the Government has indicated that the labour inspection services are deploying efforts in collaboration with the social partners under the umbrella of the technical consultative committee so as to oversee the improvement of work conditions in the aforementioned sectors. The Committee would therefore be grateful if the Government would supply information on the issues dealt with by this body as well as on the follow up on the views put forward.

The Committee further notes that no established system for registering and notifying occupational diseases has been set in place, and that it is the duty of each salaried worker to declare to the Social Security Fund (CPS) the onset of an occupational disease which he/she believes has contracted by providing a medical certificate. The Government pointed out that ten declarations have been registered, and indicated that the technical consultative committee has expressed its views at its meeting held on 9 January 2001, in support of extending the application of the table on professional diseases to French Polynesia. The Committee would be grateful if the Government would indicate the respective roles of the doctor at work, and the doctor inspector specialized in the field, and to supply information on the follow up on the advice of the technical consultative committee as well as copies of any relevant texts.

4. Contents and publication of the annual inspection report. The Committee hopes that the next annual reports will contain information on each of the points under Article 21, and which will be published as provided for by Article 20.