Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Labour Inspection Convention, 1947 (No. 81) - New Caledonia

Articles 3(1)(a) and (b) and 13 of the Convention. Labour inspection activities in the area of occupational safety and health. The Committee notes the information supplied by the Government to the effect that Decision No. 26 of 9 December 2009, which supplements territorial Act No. 2009-7 of 19 October 2009 on occupational safety and health and amends the Labour Code, defines the notions of danger and risk and requires employers to review, within a period of three years, the evaluation of risks to the safety and health of workers (provided for in the territorial Act), subject to a fine. This occupational risk evaluation (EVRP) has gradually been applied to enterprises since 2009, and as from 2013 these provisions will apply across the board to all enterprises. According to the Government, the abovementioned decision allows for labour inspectors to have access to the employer’s risk evaluation records. The Committee notes in this connection that the work of labour inspectors and controllers in the area of EVRP has been stepped up since 2011 and that their activities include both awareness raising and supervision. The Committee also takes note of the information on the various prevention campaigns, particularly the information campaign on the prevention of occupational risks in the building and public works (BTP) sector, which has a high rate of occupational accidents.

The Committee takes note of the detailed information supplied by the Government to the effect that, following the adoption of territorial Act No. 2009 7, labour inspectors have more extensive powers in the area of occupational safety and health and now have the authority to issue an enforcement notice (formerly the task of the Director of Labour and Employment) whenever they note a hazardous situation arising from failure to observe the occupational safety and health provisions (section Lp. 264-1 of the Labour Code). Labour inspectors also have authority to order the temporary stoppage of work in a greater number of instances of serious and imminent danger to the health and safety of workers (listed at section Lp. 264-8, as amended).

Lastly, the Committee notes the adoption of Decision No. 82 of 25 August 2010 on the protection of workers against dust from asbestos in the ground in mining, construction and public works activities. It further notes that other texts are in the course of being drafted or adopted, including a draft decision on coordination in BTP sites and a draft decision on the prevention of chemical hazards at workplaces.

The Committee would be grateful if the Government would provide details on the work done by the labour inspection services in the area of EVRP.

It also asks the Government to send information on the preventive measures taken by the inspection services to remedy defects observed in plant, layout or working methods (enforcement notices), including measures with immediate executory force (work stoppages) in the event of imminent danger to the health or safety of the workers.

Furthermore, the Committee requests the Government to keep the Office informed of any progress made in the adoption of occupational safety and health texts, and to provide copies of the relevant ones. It also requests it to provide a copy of Decision No. 26 of 9 December 2009, which the Government said was appended to its report, but which the Office has not received.

Lastly, the Committee requests the Government to provide statistical data on the impact of these measures in terms of preventing occupational accidents and cases of occupational disease and of improving safety and health conditions. Such information should be included in the annual reports of the labour inspection services.

Articles 5(a) and 17. Effective cooperation between the inspection services and judicial bodies. The Committee refers to its previous comments in which it noted the efforts made by the inspection services and the judicial authorities to facilitate an exchange of information and so improve follow-up on the reports prepared during inspection visits. The Government further indicates that regular meetings have been planned between labour inspectorate staff and the Public Prosecutor’s Office with a view to improving prosecution proceedings. In addition, training courses on criminal law have been provided for all control officers carrying out labour inspection duties, with a view to improving the quality of investigations and proceedings. The Committee requests the Government to continue to provide information on the activities conducted to improve cooperation between the labour inspection services and judicial bodies and on the results obtained. In this connection, it asks the Government to provide statistics of the number of infringements recorded, the legal provisions concerned, the number of cases referred to the courts and the outcome (nature of penalties applied, amount of fines, etc.). Such information should also be included in the annual reports on the work of the labour inspectorate.

Articles 20 and 21. Annual report on the work of the labour inspection service. The Committee notes the statistical information in the report on the inspectorate’s work for the period 2007–08 (showing the number of inspection visits, infringements, enforcement notices and reports, work stoppages ordered, etc.). The Committee observes, however, that the information is not very detailed and that some information is omitted from the report, in particular the data on occupational accidents and diseases (Article 21(f) and (g) of the Convention). The Committee furthermore notes that no annual report has been received by the Office for the years 2009, 2010, 2011 and 2012.

The Committee nonetheless notes from the documents enclosed by the Government (minutes of the Advisory Committee on Labour (August 2010) and the instructions on the supervisory policy of the labour inspectorate (November 2009)), that efforts are now being made to compile an electronic record of enterprises by sector of activity with a view to setting up a database for all the labour inspection services. It notes in this connection that, before the end of 2009, the various sections of the labour inspectorate were to compile a list of all the enterprises with more than 20 workers under their supervision in order to update the electronic file of enterprises. The latter was updated using the records of the Compensation Fund for Family Allowances, Occupational Accidents and Pensions for Workers (CAFAT), which contain relevant information. The Committee welcomes these efforts. It requests the Government to provide information on progress made in setting up an electronic record of enterprises by sector of activity.

Drawing attention to the importance of an annual report on the work of the labour inspection services as a tool for evaluating the operation of the labour inspection service and determining measures gradually to improve it, the Committee urges the Government to take steps to ensure that annual inspection reports are published and transmitted to the ILO within the time limits set under Article 20 of the Convention, and that they contain all the information required by Article 21(a)–(g). The Committee wishes to draw the Government’s attention to the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), on the type of detail to be included in the annual inspection report.