Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Labour Inspection Convention, 1947 (No. 81) - Bosnia and Herzegovina (Ratification: 1993)

With reference to its observation, the Committee wishes to bring to the Government’s attention the following additional issues:

Article 3(1)(a) and (2) and Articles 20 and 21. Functions of the labour inspection system and publication of an annual labour inspection report. Republika Srpska. With regard to the Committee’s previous comments on the scope of inspection activities under the Republika Srpska Work Protection Act, 2008, the Committee notes the statistical data provided by the Government on the number and results of controls carried out by labour and work protection inspectors in the Republika Srpska in 2009 either on a regular basis or as a result of complaints or in order to obtain the execution of administrative decisions. The Government indicates among other things, that the inspectors issued 234 violation orders and filed 36 requests for institution of minor offence procedures and two criminal reports, ordering employers, among other things, to comply with obligations concerning risk assessments. It is also indicated that a detailed overview of activities in the Occupational Safety and Health (OSH) area is provided in the Report of the Labour Inspection for 2009. However, the Committee has not received the report in question. The Committee notes with interest nevertheless, the hosting in May 2010, of a regional conference with international participation on the topic of Prevention – Risk Management – Social Security which, among other things, emphasized important achievements, including the Republika Srpska Inspection Management System established with the aid of a four-year USAID–ELMO project. The Committee would be grateful if the Government would communicate with its next report the reports on labour inspection activities in the Republika Srpska as of 2009 and provide detailed information on the functioning of the Republika Srpska Inspection Management System, the number of OSH controls carried out, their percentage in comparison to controls on illegal employment, the types of OSH irregularities detected and the remedial action taken (both in the area of prevention and enforcement).

Federation of Bosnia and Herzegovina. With reference to its previous comments on the publication of an annual labour inspection report, the Committee takes note of the report of the Federal Administration for Inspection Affairs of the Federation of Bosnia and Herzegovina for 2008 and 2009, communicated with the Government’s report. The Committee notes from this report that the functions of the labour inspection unit cover OSH, illegal employment, social protection and the protection of children. Noting the high number of reported serious and deadly accidents, the Committee would be grateful if the Government would continue to provide detailed information on the activities of the labour inspectorate in the Federation of Bosnia and Herzegovina, specifying, in particular, the staff allocated to labour inspection, the coverage of the labour inspection system (number of workplaces and workers therein) the percentage of inspection visits dedicated to OSH and other priorities, the number of violations found and the measures taken, as well as statistics on occupational accidents and diseases.

Noting moreover, that the Committee was unable to find any particular reference to the carrying out of inspections on the basis of complaints in the report on the work of the labour inspection unit, the Committee would be grateful if the Government would provide statistics on the number of such inspections carried out and the outcomes.

Article 15. Obligations of labour inspectors: Confidentiality of the source of any complaint. With reference to its previous comments, the Committee takes note of the information provided with regard to provisions preventing labour inspectors from having any direct or indirect interest in the undertakings under their supervision and revealing any manufacturing or commercial secret which came to their knowledge in the course of their duties. The Committee would be grateful if the Government would specify the provisions which require labour inspectors to treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions (Article 15(c)).

Regional cooperation. The Committee notes the information provided by the Government with regard to the membership of the Republic Administration for Inspection Affairs to the International Association of Labour Inspection (IALI) and the hosting in May 2010 of a regional conference with international participation on the topic of Prevention – Risk Management – Social Security. The Committee also notes that according to the Government, representatives of the labour inspection have taken part in numerous regional and international seminars, training sessions and conferences. The Committee would be grateful if the Government would continue to provide information on the activities undertaken by the labour inspection services in this framework and their impact.