Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Labour Inspection Convention, 1947 (No. 81) - Germany (Ratification: 1955)

Also referring to its observation, the Committee would like to draw the Government’s attention to the following points:

Article 4 of the Convention. Coordination and cooperation within and among the different structures of labour inspection across the country’s territory. Following up on its previous comments, the Committee welcomes the efforts made to ensure coordination and harmonization, both within the labour inspection structures of the individual federated states Länder as well as among the labour inspection structures of the Länder. It notes in particular the improvements in terms of coordination between the Länder and the accident insurance providers in the field of occupational safety and health (OSH). The Committee would be grateful if the Government would continue to provide information on progress made in the area of cooperation within and among the various labour inspection structures across the country as well as on the impact of the cooperation between the Länder and the accident insurance providers on the system for the recording and the notification of industrial accidents and cases of occupational disease (Article 14 of the Convention).

The Committee also requests the Government to indicate any measures taken or envisaged to ensure coordination and harmonization in areas other than OSH.

The Committee also notes the Government’s indication that there has been no progress towards the envisaged implementation of the Information System for Labour Inspection Administration (IFAS) or of another IT-based system for the broad exchange of data between labour inspection authorities and the injury insurance providers as an integral part of the Joint National Occupational Safety and Health Strategy (GDA). The obstacle according to the Government is that not all the Länder and accident insurance providers are involved in the scheme and only a limited range of data (company addresses and inspection dates) may be exchanged in the light of current legislative provisions on data protection. The Committee would like to draw the Government’s attention to paragraph 138 of its 2006 General Survey on labour inspection where it emphasized that one of the objectives of the development of cooperation mechanisms is to have access to the data held by the institutions that perform similar functions to labour inspection, in order to develop an appropriate labour inspection policy. Relevant data could also be used to keep records of workers and employers operating across Länder borders, and to help with the effective application and enforcement of sanctions across these borders. The Committee requests the Government to keep the ILO informed on progress made in relation to the extension of the existing IFAS or the establishment of any IT-based system for data exchange between labour inspection authorities and injury insurance providers, as well as between labour inspection authorities of the different ITAUC.