Labour Inspection Convention, 1947 (No. 81) - Estonia (Ratification: 2005)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Articles 6 and 10 of Convention No. 81 and Articles 8 and 14 of Convention No. 129. Conditions of service of labour inspectors. Number of labour inspectors. Following its previous comments, the Committee notes the Government’s indication and the information contained in the annual reports on the work of the Labour Inspectorate (Annual Labour Inspection Reports) regarding the remuneration levels of labour inspectors. The Committee also notes the Government’s indication that labour inspectors are provided with flexible working hours and arrangements, necessary equipment such as laptops, and personal protective equipment. The Committee nevertheless notes that, based on the data from the Annual Labour Inspection Reports for the period 2017–21, the number of approved posts for labour inspectors is decreasing over time, from 113.5 in 2017 to 107.5 in 2021. The Committee therefore requests the Government to provide further information on the conditions of service of labour inspectors, including their career prospects, turnover rates, and the level of their remuneration compared to other public servants exercising similar functions, such as tax inspectors or officials of the Social Security Administration. Considering the decrease in the number of approved labour inspector posts, the Committee requests the Government to provide further information on the measures taken to ensure that the number of labour inspectors remains sufficient to secure the effective discharge of the duties of the inspectorate.

Article 12(1)(a), (b) and (2) of Convention No. 81 and Article 16(1)(a), (b) and (3) of Convention No. 129. Free access of labour inspectors to workplaces liable to inspection at any hour of the day or night without prior notice to carry out investigations. Following its previous comments, the Committee notes that the Government refers to sections of the Employment Contracts Act of 2008, and of the Occupational Safety Act of 1999, as amended, which provide that the Labour Inspectorate may apply the measures regarding special state supervision provided for under section 50 of the Law Enforcement Act. The Committee also notes the Government’s indication that inspections are generally carried out in the presence of the employer, during the working day, between 7 a.m. to 11 p.m., and that labour inspectors send a written notice of the occurrence of the inspection. Nevertheless, the Government also indicates that a labour inspector can decide whether an inspection will be conducted with or without previous notice, and that the inspection will be conducted without previous notice when: (i) the Labour Inspectorate has received a complaint or a hint; or (ii) the employer may prevent the labour inspector from inspecting the working environment, or may destroy, forge or otherwise damage necessary evidence, or perform other activities that can significantly distort the results of the inspection. While taking note of this information, the Committee urges the Government to indicate whether there are specific provisions in national laws or regulations providing for the labour inspectors’ power to carry out inspections without previous notice at any hour of the day or night, in any workplace liable to inspection. In addition, the Committee requests the Government to provide detailed information on the number of inspections conducted without previous notice out of the total number of inspections, the number of such inspections resulting from receipt of a complaint or a hint, and the results of such inspections conducted without notice.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of industrial accidents and cases of occupational disease. Following its previous comments on this matter, the Committee notes that, according to the Government, the Labour Inspectorate takes measures, including through inspection visits, to improve the awareness of both employers and employees concerning the importance of reporting occupational accidents. The Government also indicates that pursuant to the Occupational Safety and Health Act of 1999, as amended, employers do not have to prepare a report on the results of investigations of minor accidents at work which did not result in temporary incapacity for work. The Committee notes that, according to the Annual Labour Inspection Reports for the period 2017–21, the number of occupational accidents reported fell from 5,184 in 2017 to 4,591 in 2021, the number of cases of occupational diseases registered has fallen from 37 in 2017 to 16 in 2021, and the number of cases of work-related illnesses registered fell from 78 to 38 in the same period. At the same time, the Committee observes that, according to the 2021 Annual Labour Inspection Report, it is still estimated that there are fewer occupational accidents officially reported than the number actually occurring. The Committee therefore requests the Government to continue to provide information on the measures taken to improve the level of awareness of both employers and employees concerning the importance of reporting occupational accidents and cases of occupational diseases. The Committee also requests the Government to indicate any impact of the 2019 amendments to the Occupational Safety and Health Act of 1999 on the number of occupational accidents reported.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual labour inspection reports. Following its previous comments, the Committee welcomes that the Annual Labour Inspection Reports communicated by the Government, also published on the website of the Labour Inspectorate, contain information on all the subjects listed under Article 21(a)–(g) of the Convention No. 81. The Committee nevertheless observes that these Annual Labour Inspection Report do not always contain the information on the work of the labour inspection services in agriculture, as envisaged under Article 27 of Convention No. 129, particularly when it comes to statistics of inspection visits (Article 27(d)); statistics of violations and penalties imposed (Article 27(e)) and statistics of occupational diseases (Article 27(g)) in agriculture. The Committee requests the Government to continue to transmit copies of the Annual Labour Inspection Reportspublished on the website of the Labour Inspectorate, and trusts that future annual reports will contain all the information covered under Article 27 of Convention No. 129, including information in relation to paragraphs (d), (e) and (g) of this Article.

Issues specifically concerning labour inspection in agriculture

Articles 6(1)(a) and (b), and 15 of Convention No. 129. Enforcement and preventive activities in the field of OSH in agriculture. Local offices. Following its previous comments, the Committee notes the indication of the Government that the Labour Inspectorate’s activities include information campaigns and other preventive activities, such as roundtable events. The Committee notes that the Government refers to the participation of the labour inspectorate in major fairs in 2016, including in the field of agriculture, and the establishment of guides by the Labour Inspectorate concerning OSH in agriculture and hazardous chemicals in the working environment. The Committee also notes the Government’s statement that there are 16 local offices in Estonia, and that the Labour Inspectorate owns vehicles for official purposes, which can be used for the inspection of workplaces situated in remote areas. The Committee observes, however, that the 2020 and 2021 Annual Labour Inspection Reports do not contain statistics of inspection visits in the agricultural sector, and that, according to those reports, the focus of inspections for the past two years has rather been on construction, trade, and transport and storage. At the same time, the 2021 Annual Labour Inspection Report recorded 111 occupational accidents in agriculture, 356 in the timber industry, and 20 in forestry in 2021. The Committee therefore requests the Government to continue to provide detailed information onthe specific measures carried out by the labour inspection services in agriculture, particularly in areas where shortcomings were detected or identified as the cause of cases of occupational accidents or diseases.

Article 9(3) of Convention No. 129. Specific skills and training of inspectors for the performance of their duties in agricultural undertakings. Following its previous comments on specific training given to labour inspectors in areas relevant to agriculture, the Committee notes that the Government refers to training sessions conducted between 2016 and 2018, which includes sessions on chemicals in the working environment and the Biocidal Products Act, on ergonomics, and on personal protective equipment. The Committee requests the Government to continue to provide information on the frequency, content and number of participants in the training courses provided for labour inspectors in areas particularly relevant to agriculture.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional functions entrusted to labour inspectors. Following its previous comments, the Committee notes the Government’s indication in its report that, during inspections, labour inspectors verify the working conditions of migrant workers and whether they are treated equally compared to other employees. The Government indicates, however, that the right for migrant workers to work in Estonia is regulated by the Aliens Act, which is enforced by the police and by the border guard, and not by labour inspectors. The Committee notes that, according to the Government, labour inspectors notify the police and the border guard upon finding migrant workers who are not legally entitled to remain in the country, and that they cooperate with the police, the border guard and the Tax and Customs Board in joint inspections. On this issue, the Committee once again refers the Government to its 2006 General Survey on labour inspection, paragraph 78, and emphasizes that the objective of labour inspection can only be met if workers are convinced that the primary task of the inspectorate is to enforce legal provisions relating to conditions of work and protection of workers. The Committee also observes that the Government does not provide information on the measures taken by labour inspectors to enforce employers’ obligations regarding the rights of migrant workers in an irregular situation, such as the payment of wages and social security benefits, for the period of their effective employment relationship. The Committee once again requests the Government to indicate how it ensures that labour inspectors’ participation in joint inspections does not interfere with the effective discharge of their primary duties under Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. In addition, the Committee urges the Government to indicate the specific role, if any, played by the labour inspectorate in: (i) enforcing employers’ obligations arising from the rights of undocumented migrant workers, such as payment of wages or social security benefitsfor the period of their effective employment relationship, especially in cases where workers are liable to expulsion from the country; and (ii) regularizing the employment relationship of migrant workers found to be working in an irregular situation, including the numbers of undocumented migrant workers assisted in each of these areas.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

In order to provide a comprehensive view of the issues relating to the application of the ratified governance Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 and Convention No. 129 in a single comment.

The Committee notes the Government’s response in reply to its previous request concerning the procedure to be followed by labour inspectors when detecting violations of the labour legislation (Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22, 23, and 24 of Convention No. 129).

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional functions entrusted to labour inspectors. The Committee previously noted the information in the 2009, 2010 and 2011 labour inspection reports on the activities of labour inspectors in the area of undeclared work. In this regard, the Committee notes the Government’s indication that when labour inspectors detect migrant workers without the required residence permit, they have to notify the police and the border guard.

The Committee emphasizes that, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, any additional duties that are not aimed at securing the enforcement of the legal provisions relating to conditions of work and the protection of workers should be entrusted to labour inspectors only in so far as they do not risk interfering with the effective discharge of their primary duties or prejudice in any way the authority and impartiality of inspectors. With regard to migrant workers in particular, the Committee emphasized in its 2006 General Survey on labour inspection (paragraph 78) that the primary duty of labour inspectors is to protect workers and not to enforce immigration law and that this objective can only be met if the workers covered are convinced that the primary job of labour inspectors is to ensure the respect for the legislation concerning conditions of work and the protection of workers. The Committee requests that the Government provide information on the measures taken, in conformity with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, and ensure that the duties relating to the enforcement of immigration law entrusted to labour inspectors do not interfere with the effective discharge of their primary duties or prejudice in any way inspectors’ authority and impartiality in their relations with employers and workers.

Noting that the Committee has not provided a reply in this regard, it once again requests that the Government indicate the manner in which the labour inspectorate ensures the enforcement of the employers’ obligations with regard to the rights of migrant workers in an irregular situation, such as the payment of wages and social security benefits for the period of their effective employment relationship, especially in cases where such workers are liable to expulsion from the country; and the number of cases in which workers found to be in an irregular situation have been granted their due rights.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service of labour inspectors. The Committee previously noted the Government’s indication that the salaries of labour inspectors are now similar to those of other public servants performing analogous inspection activities. In this regard, the Committee notes that the Government specifies that the salaries of the labour inspection staff represent 73 per cent of the salaries of staff in similar positions and 65 per cent of the salaries of workers in general (market level).

The Committee draws the Government’s attention to paragraphs 204 and 209 of the 2006 General Survey on labour inspection, which emphasize that the levels of remuneration and career prospects of inspectors have to be such that high-quality staff are attracted, retained, and protected from any improper influence. The Committee requests that the Government provide information on the measures taken or envisaged to grant labour inspectors appropriate conditions of service, including wages, allowances and career prospects, with a view to attracting suitable candidates, retaining them within the labour inspection services and assuring their independence from undue external influences. In this regard, consideration should be given to review the professional and salary scales of labour inspectors so as to provide them with the same level of remuneration and career prospects as other public servants.

Article 12(1)(a), (b) and (2) of Convention No. 81 and Article 16(1)(a), (b) and (3) of Convention No. 129. Free access of labour inspectors to workplaces liable to inspection at any hour of the day or night without prior notice to carry out investigations. The Committee previously noted that the Government had not provided any reply on how effect is given to Article 12(2) of Convention No. 81 and Article 16(3) of Convention No. 129, under which inspectors should be entitled to refrain from notifying their presence to the employer or to his or her representative if, in their view, this makes for more effective inspection. In this regard, the Committee noted that the relevant provisions in the national law appeared to require inspections to be performed in the presence of the employer and/or persons authorized by him/her, and that exceptions could only be made in certain events (that is, approval of the employer to conduct an inspection, absence of the representative or employer at the time of the inspection, and inspection without prior notice).

The Committee notes the Government’s indication that the new Law Enforcement Act, which entered into force in July 2014, empowers labour inspectors to enter freely (including without previous notice) any workplace and premises which they may have reasonable cause to believe to be liable to inspection. However, the Committee notes that pursuant to section 50(3) of the Law Enforcement Act, a premise shall be entered, if possible, in the presence of the possessor or another entitled person, and during the period from 7 a.m. to 11 p.m. Moreover, according to this section, business premises shall be entered, if possible, during their business hours. Noting that the Government has not provided a reply in this regard, the Committee once again requests that the Government indicate how effect is given in national law to the requirement in Article 12(2) of Convention No. 81 and Article 16(3) of Convention No. 129, of leaving it to the decision of labour inspectors not to inform the employer or their representatives of their presence on the occasion of an inspection visit where they consider that such a notification may be prejudicial to the performance of their duties. It also requests that the Government indicate how effect is given to Article 12(1)(a) and (b) of Convention No. 81 and Article 16(1)(a) and (b) of Convention No. 129, which requires that labour inspectors have the right to enter at any hour of the day or night any premises liable to inspection where they deem that this is necessary to enforce the application of the labour law provisions.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of industrial accidents and cases of occupational disease. The Committee previously noted from the information on the website of the labour inspectorate that statistics are not as reliable as in other European Union Member States and that the actual number of industrial accidents is estimated to be 2.4 times higher than the reported number. In this regard, the Committee previously noted that the notification of occupational accidents had improved, with an increased number of registered accidents following communication activities by the labour inspectorate to enhance awareness among employers and workers. In this regard, the Committee notes from the statistics provided by the Government that the number of occupational accidents reported has further increased from 3,741 in 2011 to 4,635 in 2014, due in particular to an improved reporting of minor occupational accidents in the construction sector.

In relation to occupational diseases, the Committee notes from the 2014 labour inspection report that work-related diseases are to a lesser extent diagnosed than in most other European Union Member States. In this regard, it also notes that the number of occupational diseases reported has decreased from 254 in 2011 to 194 in 2014. It further notes from the same source that according to the risks assessments of the work environment carried out, the most common difficulties are related to the lack of training and instruction of workers, the organization of health examinations and the selection and the appointment of workers involved in occupational safety and health, all of which are measures that are crucial to avoid work accidents and health damage of workers. The Committee requests that the Government continue to provide information on measures taken or envisaged to improve the efficiency of the procedure for the notification of industrial accidents and cases of occupational disease to the labour inspectorate.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual labour inspection reports. The Committee previously noted the great level of detail in the annual labour inspection reports from 2007–11, but emphasized that the annual reports should also contain information on all the subjects covered by Article 21 of Convention No. 81 and Article 27 of Convention No. 129. In this regard, the Committee notes the Government’s indication that to increase compliance with Article 21 of Convention No. 81 and Article 27 of Convention No. 129, as from 2015, information on laws and regulations relevant to the work of the inspection service (Article 21(a) of Convention No. 81 and Article 27(a) of Convention No. 129), the staff of the labour inspection service (Article 21(b) of Convention No. 81 and Article 27(b) of Convention No. 129) and statistics of violations and penalties imposed (Article 21(e) of Convention No. 81 and Article 27(e) of Convention No. 129) will also be included in the annual labour inspection reports. The Committee welcomes this information and trusts that future annual labour inspection reports will contain information on each of the subjects covered by Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129, including statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129).

Issues specifically concerning labour inspection in agriculture

Articles 6(1)(a) and (b), and 15 of Convention No. 129. Enforcement and preventive activities in the field of occupational safety and health in agriculture. Local offices. The Committee previously noted that the highest number of occupational accidents per 100,000 workers was registered in the wood processing sector, and that cases of occupational disease were most diagnosed in the agricultural sector. Having noted the indications on the causes of such accidents and diseases in the labour inspection reports for 2010 and 2011, the Committee requested the Government to provide information on the specific measures carried out by the labour inspectorate in agriculture to prevent them.

In this regard, the Committee notes from the information provided in the Government’s report that, based on risk assessments undertaken in 2014, the agricultural sector was determined to have a risk rate of 15 per cent, which as the Committee understands, will determine the intensity of future inspections in this sector. It also notes from the 2014 labour inspection report that there will be a focus on the wood processing and agricultural sectors in coming years because of the high incidence of occupational accidents and diseases in these sectors. It further notes from this labour inspection report that the labour inspectorate participated in preventive activities such as a major fair on agriculture. While the Committee notes from the above information that agriculture remains a priority sector for labour inspection, it also notes from the information provided by the Government in its report that since September 2014, the labour inspectorate does not have local inspection offices at its disposal any longer. The Committee requests that the Government provide more detailed information on the specific measures carried out by the labour inspection services in agriculture, particularly in areas where shortcomings were detected or identified as the cause of cases of occupational accidents or diseases. It also requests that the Government indicates how inspections in agricultural workplaces are carried out in practice, given that these workplaces are often situated in remote areas, where no local inspection office might be operating.

Article 9(3) of Convention No. 129. Specific skills and training of inspectors for the performance of their duties in agricultural undertakings. The Committee notes the general information provided by the Government on the training provided to labour inspectors. However, it notes that the Government does not provide the requested information on the specific training provided to labour inspectors carrying out inspections in agriculture (including on subjects relating to agriculture, such as chemicals, personal protective equipment, ergonomics and noise). The Committee therefore once again requests that the Government provide information on the frequency, content and number of participants in the training courses provided for labour inspectors in areas particularly relevant to agriculture.

Articles 26 and 27 of Convention No. 129. Annual report on the work of the labour inspection services in agriculture. Further to previous comments on this subject, the Committee notes the detailed information in the annual labour inspection reports for 2012, 2013 and 2014. It notes however that these reports still contain no information on all of the subjects set out in Article 27 concerning the activities by labour inspectors in agricultural undertakings, such as statistics of violations and penalties imposed (indent (e)). Welcoming the indication of the Government that some changes that would improve compliance with Article 27 would be introduced in the forthcoming reports, the Committee trusts that future annual reports published by the central authority will contain information on the work of the labour inspection services in agriculture in relation to each of the subjects covered by Article 27(a)–(g), either as a part of the general annual report or as a separate report.

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

With reference to its observation, the Committee would also like to raise the following points.

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. The Committee notes from the Labour Inspection Reports for 2010 and 2011 that 76 of the total number of 689 enterprises inspected in 2010 and 73 of the total of 557 enterprises inspected in 2011 in relation to labour relations were targeted for undeclared labour relations. Furthermore, it notes that 35 employees in 15 different enterprises were detected in 2011 as working without a contract, i.e. as “black labour force” during inspection visits and that the data on those employees were forwarded as professional assistance to the Estonian Unemployment Insurance Fund and the Tax and Customs Board. It further notes from the annual report 2009 that the labour inspectorate cooperates closely, amongst others, with the Tax and Customs Board. The Committee would be grateful if the Government would provide details on the nature and scope of the activities carried out by the labour inspectorate in the area of controlling undeclared work, and in particular the employment of foreign workers who are not legally entitled to remain in the country, including information on the violations detected and the legal provisions concerned as well as the legal proceedings initiated, remedies applied and sanctions imposed.

If inspections are also directed at foreign workers in an irregular situation, the Committee would be grateful if the Government would indicate the manner in which the labour inspectorate ensures the enforcement of the employers’ obligations with regard to the rights of foreign workers in an irregular situation, such as the payment of wages and social security benefits for the period of their effective employment relationship, especially in cases where such workers are liable to expulsion from the country; and the number of cases in which workers found to be in an irregular situation have been granted their due rights.

Article 6. Conditions of service of labour inspectors. Following the Committee’s previous request, the Committee notes the Government’s indication that the salaries of labour inspectors are now similar to those of other civil servants performing analogous inspection activities. The Committee would be grateful if the Government would provide further information, and in particular specify the wages of labour inspectors, including allowances, in relation to those of other types of officials performing similar duties, such as social security and tax inspectors.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes from the Annual Labour Inspection Report for 2011 and the information on the website of the labour inspectorate that the number of registered accidents at work was 3,741 in 2011 but that, according to the National Audit Office, statistics are not as reliable as in other EU Member States and that the actual number of industrial accidents is estimated to be 2.4 times higher than the reported number. However, the Annual Labour Inspection Report for 2011 indicates that labour inspectors have the perception that the notification of accidents at work has improved, which is considered to be one of the reasons for the increased number of registered accidents following communication activities by the labour inspectorate and increased awareness among both employers and employees. The Committee further notes that in 2011, the labour inspectorate received notifications of 87 cases of diagnosed occupational diseases and of 167 cases of work-related diseases. It notes that under section 23(1) of the Occupational Safety and Health Act, an occupational disease is defined as “a disease which is brought about by risk factors present in the working environment and included in the list of occupational diseases, or the nature of the work” and that “The list of occupational diseases shall be established by the Minister of Social Affairs.” The Committee further notes that Regulation No. 75 of the Government of the Republic of 3 April 2008, available on the website of the labour inspectorate, contains provisions on the procedure for the notification, registration and investigation of occupational accidents and diseases. The Committee would however like to emphasize that it is essential, in order for the system for the notification and registration to function effectively in practice that comprehensive regulations exist on the notification procedure and the penalties that apply in the event of negligence. In this regard, the Committee wishes to draw the Government’s attention to the ILO code of practice on the recording and notification of occupational accidents and diseases, which contains guidance on the collection, recording and notification of reliable data and the effective use of such data for preventive action, and which is available at: http://www.ilo.org/safework/info/standards-and-instruments/codes/WCMS_107800/lang--en/index.htm. The Committee would be grateful if the Government would describe in detail the procedure for the notification, registration and investigation of occupational accidents and diseases under Regulation No. 75 of the Government of the Republic of 3 April 2008.

It also asks the Government to provide information on any measures taken or envisaged to improve the efficiency of the procedure for the notification of industrial accidents and cases of occupational disease to the labour inspectorate (including, but not limited to the publication on the website of the labour inspectorate of the current list of occupational diseases adopted by the Minister of Social Affairs, the enhancement of collaboration with all the institutions concerned for that purpose, the establishment or increase of administrative sanctions for non-compliance with the obligation of notification by employers, the provision of information on the procedure for notification during inspection visits, in publications and on the labour inspectorate’s website, etc.).

Articles 12 and 15(c). Right of inspectors to enter workplaces freely and confidentiality of any complaint. The Committee notes the indication in the Government’s report that inspectors are free to perform announced or unannounced inspection visits; in most cases, prior notice is given; and the proportion of unannounced inspection visits is estimated at 10 per cent. Unannounced inspection visits are carried out following a complaint, or when inspectors have reason to believe that there are irregularities. For instance, the majority of inspection visits in the construction sector are unannounced. First inspections of enterprises are also unannounced. The Committee would like to draw the Government’s attention to the fact that the low proportion of unannounced visits raises problems in relation to Article 15(c) of the Convention. In practice, the low number of planned inspection visits may undermine the requirement that inspectors shall treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions and shall give no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint, which is reflected in national law in section 25(3)(6) of the National OSH Act. This is the case because, in a situation where unannounced visits are an exception to the rule, labour inspectors are not in a position to ensure the confidential treatment of complaints if they are not able to prevent the employer or his/her representative from detecting any link whatsoever between the inspection and the likelihood of a complaint, identifying the person responsible for the complaint and taking reprisals against that person (Article 15(c) of the Convention). As the Committee indicated in its previous comment, conducting unannounced visits on a regular basis, on the other hand, enables inspectors to observe the confidentiality required by Article 15(c) of the Convention with regard to the purpose of the inspection when it is carried out in response to a complaint.

The Committee also notes the Government’s indications on how effect is given in national law to most of the requirements of Article 12 of the Convention. However, the Government has not provided any reply in relation to the effect given to Article 12(2) of the Convention, under which inspectors should be entitled to refrain from notifying their presence to the employer or to his or her representative if, in their view, this makes for more effective inspection. The relevant provision in national law, i.e. section 25(4)(4) of the OSH Act as well as sections 3.1.2 and 4.1. of the inspection instructions approved by Decree No. 48 of 2007 by the Director-General of the labour inspectorate seem to require inspections to be performed in the presence of the employer and/or persons authorized by him/her, and exceptions can only be made in the cases that the employer has approved the inspection, or if at the time of inspection the representative of the enterprise is not present, where the inspection takes place without advanced notice, and the representative of the enterprise to be inspected is not present at the time of inspection. The Committee therefore asks the Government once again to indicate how effect is given in national law to the requirement in Article 12(2) of the Convention, of leaving it to the decision of labour inspectors to notify their presence to employers or their representatives on the occasion of an inspection visit.

Furthermore, in light of the above, the Government is requested to indicate how it envisages giving effect in practice to the requirement in Article 15(c) of the Convention for inspectors to treat as absolutely confidential the source of any complaints bringing to their notice a defect or breach of legal provisions and that they shall give no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint.

Articles 5(a), 17 and 18. Cooperation between the labour inspection services and the judicial authorities. Legal proceedings and penalties. The Committee notes the information in the Government’s report on the number of misdemeanour procedures between 2008 and 2011 and the amount of the fines imposed, although – except in the case for obstruction of labour inspectors in the performance of their duties – no particulars are provided of the classification of such infringements according to the legal provisions to which they relate. The Committee understands that the information provided relates to proceedings relating to misdemeanours, which were carried out by the labour inspectorate.

In this regard, it notes that, in accordance with the relevant powers of the labour inspectorate entrusted by section 9 of the Statute of the Labour Inspectorate (Regulation No. 26 of the Minister of Social Affairs of 17 October 2007), labour inspectors have both the function to: “carry out non-judicial proceedings relating to misdemeanours, pursuant to the procedure and in the cases prescribed by law” (indent 13) and “commence criminal proceedings and perform urgent investigative action” (indent 14).

It also notes the Government’s indication that five industrial accidents during the period from 2009 to 2011 resulted in sanctions following criminal procedures, but that the requested details in this regard are not provided (number of infringements reported, particulars of the classification of such infringements according to the legal provisions to which they relate, etc.). The Committee asks the Government to describe the procedure to be followed by labour inspectors when violations of labour legislation are detected (including the circumstances in which non-judicial procedures are conducted and in which cases are referred to the judicial authorities) and send a copy of any applicable text in this regard.

It also asks the Government once again to indicate the number of cases referred to the judicial authorities by the labour inspectorate, the number of cases dealt with by the courts, the type of penalties imposed, the areas of labour law concerned, etc. Please also include this information in the annual labour inspection reports.

The Committee further asks the Government to indicate the arrangements made or envisaged to enhance effective cooperation between the labour inspection services and the judicial authorities.

Articles 20 and 21. Annual report on the work of the labour inspectorate. The Committee notes the information in the Labour Inspection Reports for 2007–11, which are available in Estonian, Russian and English on the labour inspectorate’s website. While the Committee notes the great level of detail in the report (particularly with regard to statistics of industrial accidents and cases of occupational disease in the different economic sectors, as well as the assessments made of the functioning of the labour inspection system, for example, in relation to the causes of accidents and diseases, target areas for inspections, preventive activities of the labour inspectorate, etc.), it would however like to emphasize that, so that the Committee can make an informed assessment of the application of the Convention, annual reports should contain information on all the subjects covered by Article 21 of the Convention, including the information that is currently lacking from the labour inspection reports on: laws and regulations relevant to the work of the inspection service; the staff of the labour inspection services; statistics of workplaces liable to inspection and the number of workers employed therein (and not only the number of workers), as well as more comprehensible statistics of the violations and penalties imposed. In this regard, the Committee would like to draw the Government’s attention to the guidance provided in the Labour Recommendation Inspection, 1947 (No. 81), regarding the way to present and disaggregate the information contained in such reports. The Committee would be grateful if the Government would take the necessary measures to ensure that the annual labour inspection reports contain information on each of the subjects covered by Article 21 (a) to (g).

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

Article 3(1)(b) of the Convention. Preventive activities of the labour inspectorate. The Committee notes with interest the information contained in the Annual Labour Inspection Reports for 2009–11, available on the labour inspectorate’s website, on the numerous information and training activities carried out by the labour inspectorate. These include the holding of information days at 26 high schools throughout the country and comprehensive training activities for 623 work environment specialists and managers of small and medium-sized enterprises (SMEs) in 2011, campaigns on different subjects, such as stress at work and working and rest time, and an electronic newsletter which is open to subscriptions with articles by the labour inspectorate published every two months. The Committee also notes with interest the comprehensive information in Estonian, Russian and English on the website of the labour inspectorate, including the texts of relevant laws in their current versions and a database of best practices on the work environment. It also observed that the majority of infringements detected during inspection visits in 2011 in the area of occupational safety and health (OSH) concerned the lack of safety instructions on work and work equipment or the lack of, or insufficient risk assessment by employers, and that an analysis of accidents at work shows that the majority of work accidents involve workers who have worked for less than a year which is assumed to be a result of insufficient instruction and training. In this context, the Committee particularly notes the launching of a prevention campaign on the reduction of work-related health risks (personal protective equipment) in 2011, as well as the publication of the following: “Personal protective equipment: A tedious obligation or happy future?”; “Slips and trips: How to prevent work accidents”; and “Training and instruction of workers at workplaces”. The Committee asks the Government to continue to provide information on the preventive measures carried out by the labour inspectorate. In particular, please provide information on measures taken to address areas where shortcomings have been detected previously or which have been identified as the cause of cases of occupational diseases or industrial accidents (awareness raising among employers about the importance of providing adequate safety instructions to workers, information and instructions about the conducting of adequate risk assessments, etc.).

The Committee is raising other points in a request addressed directly to the Government.

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

The Committee notes the Government’s report received at the Office on 13 September 2010.

Articles 3(2), 4, 10, 16, 20 and 21 of the Convention. Staff and functions of the system of labour inspection. The Committee notes the general information sent by the Government on the number of workplaces liable to inspection and the number of workers employed therein; the total number of inspection visits carried out in the areas of occupational safety and health and employment relations; the total number of violations reported in these two areas and the number of penalties imposed. It notes, however, that the translation of the 2008 inspection report which the Government said was appended to its report has not been sent to the ILO. In the absence of that report, the Committee is not in a position to assess how the Convention is applied in practice.

The Committee further notes that, according to the Government, there are 72 labour inspectors for 49,235 workplaces liable to inspection and 595,800 workers. Furthermore, in the local inspection services there are committees for labour dispute settlement, chaired by an officer of the local inspection services who is barred from supervising application of the labour legislation.

The Committee requests the Government to send a copy of the 2008 annual report to the ILO together with copies of the reports for 2009 and 2010, if possible likewise translated into one of the Office’s working languages, as soon as they are available. It would be grateful if the Government would provide an organizational chart of the local inspection services and would indicate the proportion of the staff assigned to labour dispute settlement as compared to the staff assigned to labour inspection in the local inspection services. Furthermore, the Committee would be grateful if the Government would specify the areas covered by the supervisory work of the inspection units responsible for employment relations and occupational safety and health.

The Committee also asks the Government to state whether measures have been taken or are envisaged to boost the numbers of the labour inspectorate so that workplaces may be inspected as often and as thoroughly as is necessary to ensure the effective application of the legal provisions on working conditions and the protection of workers, in accordance with Articles 10 and 16 of the Convention.

Article 5(b). Collaboration between officials of the labour inspectorate and employers and workers or their organizations. With reference to its previous comments, the Committee notes with interest the information supplied by the Government showing that there have been noteworthy improvements in collaboration between the social partners and the labour inspection services. It asks the Government to provide details of the initiatives taken by representatives of trade unions and employers to improve the working environment, and of the working groups, seminars and campaigns in which they take part and on the information days they organized jointly, according to the Government’s report.

Article 6. Conditions of service of labour inspectors. According to the Government, labour inspectors are not classified by grade, and despite substantial improvements over 2007, the level of inspectors’ pay remains low by comparison with that of other public employees engaged in similar work.

The Committee points out that in order to attract and retain qualified staff for the inspection service, it is necessary to ensure remuneration and career prospects that are commensurate with the importance and complexity of the duties to be performed and ensure inspectors’ independence of changes of government and of improper external influences (see paragraphs 209–215 of the 2006 General Survey on labour inspection). It therefore asks the Government to take steps to ensure that the remuneration and career prospects of inspectors are brought up to the level of other public servants performing duties of a similar level and complexity, and to provide information on all progress achieved in this respect.

Articles 12 and 15(c). Right of inspectors to enter workplaces freely and to conduct investigations. The Committee notes that pursuant to the Regulations on Inspection Visits: (i) the labour inspector is to warn the representative of the enterprise of the opening of administrative inspection procedures and of the time and purpose of visits (section 3.1.2); (ii) inspection visits may be carried out without notice, but in coordination with the employer or a representative of the enterprise on the spot (section 3.1.2); (iii) labour inspectors must likewise notify to the enterprise representative the documents and data they wish to examine in the course of the inspection visit (section 3.1.3); (iv) labour inspectors are to conduct inspection visits in the presence of the employer and/or persons mandated by the latter (working environment specialist, production manager, foreman, etc.) (section 4.1); (v) labour inspectors may conduct inspection visits on their own only if the employer has approved the visit or where the enterprise representative is absent at the time of the visit, or if the visit takes place without prior notice and the enterprise representative is absent at the time (section 4.1); (vi) labour inspectors are to start visits in the presence of the employer or someone authorized by the latter. They must then explain the purpose of the visit and specify the persons they wish to meet in the course of it. In the case of targeted inspections, inspectors must also specify the exact area of activity to be checked (section 4.2.1); (vii) in the case of follow-up inspection visits, inspectors are to inform employers of the date of the visit, though the latter may also take place without notice (section 6.3). The Committee also notes that the Regulations say nothing of the hours during which inspectors may carry out inspection visits or of their authority to investigate.

The Committee points out, as it did in paragraph 263 of its 2006 General Survey on labour inspection, that unannounced visits offer the advantage of enabling inspectors to enter the inspected premises without warning the employer or the latter’s representative in advance, where an employer may be expected to attempt to conceal a violation, by changing the usual conditions of work, preventing a witness from being present or making it impossible to carry out an inspection. Conducting unannounced visits on a regular basis is especially useful as it enables inspectors to observe the confidentiality required by Article 15(c) of the Convention as regards the purpose of the inspection where it is carried out in response to a complaint. The Committee further stresses, as it did in paragraph 275 of the abovementioned General Survey, that in order to ensure that statements are as spontaneous and reliable as possible, it is essential for labour inspectors to exercise their own judgement as to whether to carry out confidential interviews where the subject of the interview so requires. In this way inspectors can avoid embarrassing the employer or his or her representative in front of the workers or, conversely, exposing workers to the risk of reprisals. The Committee also reminds the Government that according to Article 12 (2), inspectors should be entitled to abstain from notifying their presence to the employer or his or her representative if, in their view, this makes for more effective inspection.

The Committee accordingly asks the Government to specify whether inspectors have the authority, if they deem appropriate, to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, in accordance with Article 12(1)(a) and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection (Article 12(1)(b)), and to decide for themselves whether or not to notify their presence to employers or their representatives on the occasion of inspection visits, in accordance with Article 12(2). It also asks the Government to provide statistical data of the number and results of unannounced visits conducted by the inspection services and to specify whether such visits are planned or conducted in response to complaints. If inspectors are not free to enter workplaces, the Committee asks the Government to ensure that the regulations on inspection visits are brought into line with the provisions of Article 12 and to inform the Office of any measures taken or envisaged to this end.

The Committee would be grateful if the Government would provide the legislative provisions that give effect to Article 12 (1)(c) of the Convention under which labour inspectors must be empowered to carry out any examinations, tests or enquiries which they may consider necessary in order to satisfy themselves that the legal provisions are being strictly observed, and in particular to interrogate, alone or in the presence of witnesses, the employer or the staff of the undertaking on any matters concerning the application of the legal provisions (i); to require the production of any books, registers or other documents the keeping of which is prescribed by national laws or regulations relating to conditions of work (ii); to enforce the posting of notices required by the legal provisions (iii); and to take or remove for purposes of analysis samples of materials and substances used or handled (iv).

Articles 17 and 18. Legal proceedings and penalties. The Committee again requests the Government to provide statistical information on the legal proceedings initiated by labour inspectors and on any penal follow-up thereto (number of referrals to the judicial authorities, number of cases dealt with by the courts, type of penalties imposed, areas of labour law concerned, etc.).

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information supplied by the Government in its first report. It notes the adoption of new statutes for the labour inspectorate (Regulation No. 67 of 17 October 2007 of the Ministry of Social Affairs), which came into force on 1 February 2008. However, it notes that the Government refers, with regard to many provisions of the Convention, to the statutes of the inspectorate which have now been repealed. The Committee would therefore be grateful if the Government would supply up to date information in its next report on the following points in relation to the provisions in force.

Article 3, paragraph 2, of the Convention. Further duties entrusted to labour inspectors. The Government states in its report that the resolution of labour disputes, in accordance with the procedures laid down by the law, forms part of the duties entrusted to labour inspectors. The Committee would like to draw the Government’s attention to the need to ensure that these duties do not interfere with the effective discharge of their primary duties defined by Article 3, paragraph 1, of the Convention, particularly with regard to the additional workload that they entail and the duty of labour inspectors to show impartiality in their relations with employers and workers. With reference to Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), which states that the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes, the Committee invites the Government to take measures to ensure that labour inspectors are relieved of the task of resolving labour disputes so that they can devote themselves fully to their primary duties. It would be grateful if the Government would supply information on the progress made in this regard and, if appropriate, on any difficulties encountered.

Article 5(b). Collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee notes the Government’s indication to the effect that there is a long tradition of cooperation between the labour inspectorate and the main social partners. However, it notes that the Government deplores the fact that efforts by the labour inspectorate to collaborate with employers and workers appear to be hampered by the low level of participation by their organizations. The Committee draws the Government’s attention to the guidance given in Paragraphs 4–7 of Recommendation (No. 81), with regard to the types of collaboration that might occur between the labour inspectorate and the social partners in the area of occupational safety and health. It would be grateful if the Government would indicate whether measures have been taken or contemplated to encourage and facilitate such collaboration and, if so, to describe them and indicate recent examples of collaboration in practice (consultations, training, information seminars, etc.), supplying details of their implementation and their impact.

Article 6. Conditions of service of labour inspectors. The Committee notes the Government’s statement to the effect that low levels of remuneration for labour inspectors make it difficult to recruit young inspectors who are competent and qualified. The Committee requests the Government to supply information enabling a comparison of remuneration levels for labour inspectors in different grades, in relation to those for other public officials performing duties which entail comparable qualities, skills, complexity and degrees of responsibility (for example, tax inspectors, police inspectors or general inspectors in the civil service).

Articles 8 and 10. Number and composition of labour inspection staff. The Committee notes contradictory information in the Government’s reports relating to this Convention and Labour Inspection (Agriculture) Convention, 1969 (No. 129) with regard to the number and composition of inspection staff. The former refers to 36 male inspectors and 26 female inspectors while the latter indicates 62 male inspectors and 69 female inspectors. The Committee would be grateful if the Government would state the exact number of male inspectors and female inspectors in active service in relation to budget headings and also to indicate whether special functions are assigned to female inspectors.

Article 12, paragraphs 1 and 2. Right of inspectors to enter workplaces. Timing of inspection visits. Right to conduct investigations. Section 26(4)(5) of the Occupational Safety and Health Act of 1999 states that labour inspectors have the right to enter workplaces for the purpose of undertaking an inspection, in consultation with the employer, including, if necessary, without prior notice. According to the Government, the regulations on labour inspection describe the exercise of this right in further detail. The Committee would be grateful if the Government would send a copy of the relevant provisions, particularly as regards the periods during which inspectors may carry out their visits. It also requests the Government to supply details of the legislation relating to the various types of inspection visit (routine or follow-up visits, visits further to a complaint, etc.) and the inspection methods used.

Articles 17 and 18.  Prosecutions and penalties. The Committee requests the Government to supply available statistical information on prosecutions instituted by labour inspectors and the judicial outcome thereof, where applicable (number of cases brought before the courts, number of cases dealt with by tribunals, types of penalties imposed, areas of labour law concerned, etc.).

Articles 20 and 21. Annual report on the work of the labour inspection services. Functioning of the labour inspection system. The Government states that the labour inspectorate publishes an annual report on its work, containing in particular an analysis of the main causes of fatal industrial accidents and occupational diseases; information on the number of inspections undertaken and complaints dealt with, and also details of activities for monitoring the application of the legislation. The Committee requests the Government to ensure that this report contains the information listed in each of clauses (a) to (g) of Article 21 of the Convention and to send a copy to the Office on a regular basis, in accordance with Article 20, paragraph 3. In the meantime, so that it can evaluate the volume and nature of the prevention and monitoring work of the labour inspectorate, the Committee would be grateful if the Government would provide the ILO with all available data relating to the number of workplaces liable to inspection and the number of workers employed therein, the number of inspection visits, violations reported and penalties imposed, with respect to the different areas of the law concerned (occupational safety and health, working hours, wages, etc.).