Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Labour Inspection Convention, 1947 (No. 81) - Iceland (Ratification: 2009)

The Committee notes the Government’s first report under the Convention.

Article 5(a) of the Convention. Cooperation between the inspection services and other government services. The Committee notes from the Government’s first report that, pursuant to Article 51 (a) of the Act on Working Environment, Health and Safety in Workplaces, No. 46/1980, the Administration of Occupational Safety and Health (AOSH) participates in the consultative committee on preventive measures against major industrial accidents. The Committee would be grateful if the Government would keep the ILO informed on the activities of the consultative committee and their impact on the labour inspection system. Please indicate any other areas of cooperation between the AOSH and public or private institutions engaged in similar activities as well as the justice system.

Article 5(b). Collaboration of the labour inspection with employers and workers and their organizations in the area of OSH. The Committee notes from the Government’s first report that the AOSH cooperates with organizations of employers and workers through the Icelandic Rehabilitation Fund and the Focal Group on OSH. The Committee also notes that, according to Articles 4, 5 and 6 of the Act on Working Environment, Health and Safety in Workplaces, No. 46/1980, trade union and safety representatives should collaborate with employers to promote health and safety at the workplace. The Committee would be grateful if the Government would provide more detailed information on the cooperation between the AOSH and organizations of employers and workers, as well as on any other collaboration of trade unions and safety representatives with labour inspectors at the enterprise level.

Article 6. Status of labour inspectors. The Committee notes that, according to the Government’s first report, inspection staff members are government employees that enjoy the rights stipulated under the Government Employees Act No. 70/1996. There are no provisions established for them specifically. With reference to paragraph 204 of the 2006 General Survey on labour inspection, the Committee wishes to emphasize that it is vital that the status, levels of remuneration and career prospects of inspectors be such that they reflect the complexity and socio-economic importance of their duties so that high quality staff are attracted, retained, and protected from any improper influence. The Committee requests the Government to specify the conditions of service of labour inspectors and in particular, wages and career prospects in relation to other types of public officials performing similar duties (e.g. social security and tax inspectors).

Article 7(3). Training for labour inspectors. The Committee notes that, according to the Government’s first report, all newly engaged labour inspectors at the AOSH attend a six-week training programme that includes law and regulations on labour inspection, introduction of working procedures, practical lessons and inspection visits with experienced supervisors. The Government also reports that a regular training programme is held every year and participation is mandatory for all labour inspectors. The Committee would be grateful if the Government would provide detailed information on the subjects, attendance, frequency and impact of training activities provided to labour inspectors upon their entry into service and in the course of employment to enable them to acquire the technical knowledge required for the performance of their duties.

Articles 10 and 16. Number of labour inspectors and inspection visits. The Committee notes that, according to the Government’s report, there are around ten labour inspectors, and that in the last 2–3 years, there has been a reduction of 33 per cent of the capacity of the labour inspection system. The Committee also notes that the inspection districts are seven, quite large and distant geographically, and that there is less than one full-time post of labour inspector per district outside the capital. Furthermore, the Government reports that inspectors in the capital area have more expertise in specific areas and assist with inspections in some of the rural districts. The Committee recalls that according to Article 10 of the Convention, the number of labour inspectors should be sufficient to secure the effective discharge of the duties of the inspectorate in light of the number of workplaces liable to inspection, the number of workers employed therein, the number and complexity of the legal provisions to be enforced as well as the material means placed at the disposal of the inspectors and the practical conditions under which visits of inspection must be carried out in order to be effective. The Committee would be grateful if the Government would provide an evaluation of the needs of the labour inspectorate in human resources in light of the criteria provided in Article 10 of the Convention and indicate the measures taken or envisaged to ensure that workplaces are inspected as often and as thoroughly as necessary as established under Article 16 of the Convention. The Committee also requests the Government to provide more information on the distribution of labour inspectors by region, category and level of qualification.

Article 12. Right of inspectors to enter workplaces freely and without previous notice and notification of the inspector’s presence when carrying out an inspection. The Committee notes that, pursuant to Article 82 of the Act on Working Environment, Health and Safety in Workplaces, No. 46/1980, staff of the AOSH shall contact the employer or his representative and the parties involved in safety at work within the enterprises during inspections, and they shall provide all necessary information concerning the inspection. The Government also reports that the method of inspection, which has been in use since 2007 in enterprises with 30 employees or more, provides that the workplace is always informed of an upcoming visit from the inspectors. The Committee reminds the Government that, according to Article 12(1)(a) of the Convention, labour inspectors should be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. Furthermore, Article 12(2) of the Convention provides that on the occasion of an inspection visit, inspectors shall notify the employer or his representative of their presence, unless they consider that such a notification may be prejudicial to the performance of their duties. The Committee requests the Government to take the necessary measures in order to bring the law and practice into conformity with the requirements of the Convention in this regard, so that labour inspectors are authorized to enter without previous notice all workplaces liable to inspection and carry out inspections without notifying their presence. The Committee requests the Government to inform the Office of all developments in this regard.

Articles 13, 17 and 18. Enforcement measures. The Committee notes that, pursuant to Article 84 of the Act on Working Environment, Health and Safety in Workplaces, No. 46/1980, if the AOSH has claimed with due notice that improvements should be carried out on defective conditions and which can be classified as infringement of this Act or the regulations and announcements which have been issued in accordance with this Act, and these improvements have not been carried out when that time limit has passed, the AOSH can have the operations stopped and close the enterprise or the part thereof at which the claim is aimed.

With reference to paragraphs 106 and 107 of the 2006 General Survey, the Committee wishes to emphasize that the intention of Article 13 of the Convention is to empower labour inspectors to take preventive measures with a view to remedying defects observed in plant, layout or working methods which they have reasonable cause to believe constitute a threat to the health and safety of the workers. The provisions of this Article are not intended to punish employers responsible for violations, but to ensure the elimination of the causes of risks with a view to minimizing risks. In case where an infringement of the Act is observed or where an employer fails to comply with measures ordered on the occasion of an inspection, in accordance with Article 13, the labour inspector should be empowered to make use of Article 17, which involves such measures as prompt legal proceedings without previous warning or, where appropriate, warnings and advice. The Committee emphasizes in this regard that routine inspections are indispensable to give full effect to Article 13, which would avoid or reduce the need to make use of the powers provided for in Article 17. The Committee would be grateful if the Government would provide information and data on the preventive action taken by the labour inspectorate with a view to remedying defects observed in plant, layout or working methods in the area of OSH in line with Article 13 of the Convention including the number of measures with immediate executory force taken during the reporting period in the event of imminent danger to the health or safety of the workers. The Committee also requests the Government to specify the number of legal proceedings instituted against persons who violated legal provisions enforceable by labour inspectors, as well as the penalties applicable for labour law violations and to provide relevant information on their actual enforcement (Articles 17 and 18 of the Convention).

Article 14. Recording and notification of industrial accidents and cases of occupational disease. The Committee notes that, according to Article 79 of the Act on Working Environment, Health and Safety in Workplaces, No. 46/1980, the employer must notify the AOSH of accidents within one week. With reference to paragraphs 6.1.4, 10.1.6 and 10.2.8 of the ILO code of practice on the recording and notification of occupational accidents and diseases, the Committee reminds the Government that for inspection purposes employers should record industrial accidents and occupational diseases by the quickest practicable means so that labour inspectors or the competent authority can carry out investigations and take the necessary action to prevent a recurrence. Therefore, the Committee would be grateful if the Government would take the necessary measures to reduce the timing of notification established under Article 79 of the Act on Working Environment, Health and Safety in Workplaces, No. 46/1980, to the quickest practicable means to enable labour inspectors or the competent authority to conduct investigations and take action to prevent a recurrence if necessary.

Article 15. Compliance by labour inspectors with the obligations of maintaining manufacturing or commercial secrets. The Committee notes that Article 83 of the the Act on Working Environment, Health and Safety in Workplaces, No. 46/1980 does not cover the requirements of Article 15(a) and (b) of the Convention concerning the obligation of labour inspectors not to have any direct or indirect interest in the undertakings under their supervision and to maintain manufacturing or commercial secrets. The Committee requests the Government to take the necessary measures to bring the law and practice into conformity with the requirements of the Convention in this respect.

Articles 19, 20 and 21. Periodical reports and publication and communication of an annual report on the work of the inspection services. The Committee notes from the Government’s report that local inspection offices in the districts submit annual reports prescribed by the central authority. The Government specifies that these reports describe all main activities during the past year and results of inspections for every district. Apart from this, the districts make continuous registration of inspection activities in the administration’s corporate database. The Committee recalls that the obligation of labour inspectors or local inspection offices to submit to the central inspection authority periodical reports is provided in Article 19 of the Convention. Furthermore, under Article 20 of the Convention, the central authority has the obligation to publish and send to the ILO a consolidated annual general report containing the information required in each clause of Article 21(a)–(g). Referring to its 2010 General Observation on Articles 20 and 21 of the Convention, the Committee recalls the interest of publishing all the information required by Article 21 of the Convention in an annual inspection report so that it may reflect as faithfully as possible the scope, coverage and effectiveness of the labour inspectorate, and allow for the elaboration of accurate impact analyses and needs assessments in relation to human and material resources, with a view to the progressive improvement of the functioning of the labour inspection system. The Committee would be grateful if the Government would provide sample copies of the reports of local inspection offices, which were not attached to the report, and to indicate the measures taken or envisaged so that the central authority can publish and communicate to the ILO a consolidated annual report in line with Article 20 of the Convention containing all the information required in each clause of Article 21(a)–(g).

Article 26. Role of competent authority in identifying undertakings liable to inspection. The Committee notes from the Government’s report that no decisions have been made in relation to this Article. The Committee requests the Government to inform the Office of any developments in this regard.