Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Labour Inspection Convention, 1947 (No. 81) - France (Ratification: 1950)

With reference to its previous observation, the Committee notes the following information provided in reply to the comments made by the General Confederation of Labour-Force ouvrière (CGT-FO), dated 18 February 2002.

1. Delays in the publication of annual labour inspection reports. Efforts are being made so that in future the report is communicated earlier. The 2002 report should already have been available since July 2004, while the 2003 report should be transmitted in February/March 2005.

2. Staff of the inspectorate (Article 10 of the Convention); material resources (Article 11); and number and frequency of inspections (Article 16). The staff and material resources, particularly in terms of information technology and transport, available to inspection personnel are continually progressing. However, while the absolute number of inspections is increasing, their frequency in relation to the workplaces liable to inspection has in practice been considerably reduced over the past two decades, with the ratios (of theoretical value) having fallen between 1987 and 2002 from one inspection every two years to one inspection every 4.2 years for workplaces with 50 or more workers and from one inspection every 4.6 years to one inspection every 20 years for workplaces with fewer than 50 workers. The Government explains the objective reasons for this trend, which include: the regular increase in the number of workplaces to be covered; a relative stagnation in the number of inspection units; the increasing volume and complexity of the legislation covered and the increase in the number of collective agreements; the weakening of staff representation, leading to a multiplication of individual claims; and the reduction of the working week to 35 hours. The Government nevertheless indicates a significant increase in the number of coordinated activities involving inspection staff.

3. Causes of industrial accidents at high-risk workplaces. The procedure established for the notification of industrial accidents results in certain accidents, which are not classified as being serious, not being immediately notified to the inspection services. This is not the case for serious or mortal accidents, when the police and the gendarmerie take responsibility for notifying them immediately. Inspectors are generally called upon to carry out in-depth investigations and to implement legal prevention and/or repression measures to prevent the recurrence of accidents, although the Ministry of Labour has no data on the causes of industrial accidents in high-risk sites. The Committee however notes with satisfaction, following the effects of the accident in the AZF chemical factory on 21 September 2001, the decisions communicated on the implementation and strengthening of systematic inter-institutional collaboration with a view to the prevention to occupational risks, namely: (1) the joint note of the Ministers responsible for labour and the environment, of 14 December 2001, affirming the need, at the local level, for collaboration between the labour inspectorate and the inspectorate of classified installations, respecting the specific functions and prerogatives of each of these inspection bodies (Article 5(a) of the Convention); (ii) the Circular of the Directorate of Industrial Relations (DRT), of 14 February 2002, to prevent the consequences of subcontracting, intended to improve the capacities for intervention of staff representatives in "SEVESO II AS" establishments and the development of risk evaluation through, inter alia, the involvement of the penal responsibility of the employer and the development of social dialogue within the enterprise; and (iii) Circular No. 2003-04, of 12 March 2003, providing guidance for a labour policy, including important components related to the functions of the labour inspectorate and giving many reasons why working structures and methods should be fundamentally adaptable, particularly in relation to the prevention of occupational risks with deferred effects.

The Committee hopes that the efforts made to improve the effectiveness of the inspection system will be continued and that their results will be reflected in the forthcoming annual reports under Articles 20 and 21, of which the time required for their publication and communication to the ILO should be improved through the development of the new information technology system SITERE announced by the Government. It requests the Government to provide information in its next report on the practical measures adopted to implement the action set out in the above circulars in relation to risk evaluation, as well as information on the impact of the implementation of technical instruction DAGEMO/MICAPCOR No. 2002-03 of 28 March 2002 concerning the reports of infringements drawn up by the labour inspectorate on the relations of inspectors with employers and workers or their organizations.

It also hopes that data on the causes of industrial accidents and cases of occupational diseases in all categories of workplace liable to inspection will soon be accessible to the inspection services to facilitate their prevention functions.

The Committee further notes with interest that a working group has been established in the Ministry of Labour, under the direction of MICAPCOR (Central Support and Coordination Mission for the External Labour and Employment Services), to examine, with the technical support of the ILO, issues relating to the professional rules for discharging the function of labour inspection and the means for preparing young inspection officials to manage certain situations which may involve risks for their physical safety or psychological health.

Finally, the Committee notes that the Government’s report indicates in a preliminary remark that it covers Metropolitan France, the four overseas departments (Guadeloupe, Guiana, Martinique, Réunion) and the community of St. Pierre and Miquelon. The Government is requested to indicate the manner in which it is envisaged, where appropriate, that the statistics required by points (c) to (g) of Article 21 are to be published and communicated to the ILO separately for each of these territories in future annual inspection reports under Article 20.