Labour Inspection Convention, 1947 (No. 81) - Malta (Ratification: 1965)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of the 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 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of cases of occupational disease. In its previous comment, the Committee requested the Government to provide information on the activities undertaken by the Occupational Health and Safety Authority (OHSA) to improve the notification of occupational accidents and diseases.The Government indicates that theOHSA has been working with all medical practitioners to encourage them to notify OHSA of any known or suspected case of occupational disease. For this reason, several seminars were organized by the OHSA as part of the continuing medical education of medical practitioners. According to the Government, the OHSA has worked with the dermatology department to prepare a summary notification form by which the OHSA could be notified of dermatological conditions which are suspected to be occupational in origin. In addition, the Government states that the OHSA is working to prepare draft regulations concerning the notification process of occupational injuries and diseases. The Committee requests the Government to continue to provide information on the activities undertaken by the OHSA to improve the notification of occupational accidents and diseases and on the results achieved. It also requests the Government to provide a copy of the regulations addressing the process of notification for occupational injuries and diseases, once adopted.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual labour inspection reports. The Committee notes that the 2020 annual report of the Department for Industrial and Employment Relations (DIER) and the 2019 annual report of the OHSA were sent by the Government.With regard to Convention No. 129, the Committee notes that the reports do not contain disaggregated information on labour inspection activities in the agricultural sector, such as statistics of agricultural undertakings liable to inspection and the number of persons working therein (Article 27(c)), statistics of inspection visits (Article 27(d)), statistics of violations and penalties imposed (Article 27(e)), statistics of occupational accidents, including their causes (Article 27(g)). Moreover, as previously noted, the reports do not contain information on the number of occupational diseases (Article 21(g) of Convention No. 81 and Article 27(g) of Convention No. 129). The Committee requests the Government to continue to transmit to the ILO the annual reports on the work of the labour inspection services. It also requests the Government to take the necessary measures to ensure that the reports contain all the information listed in Articles 21 and 27 of Conventions Nos 81 and 129 respectively.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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, 10 and 16 of the Convention No. 81 and Articles 8, 14 and 21 of Convention No. 129. Numbers of labour inspectors and inspection visits. Conditions of employment. The Committee notes that in reply to its previous request concerning the decrease in the number of inspections, the Government indicates that the Department of Industrial Relations and Employment (DIER) carried out 1,022 inspections in 2019, 854 during 2020 and 1,107 between January and July 2021. The Committee also notes that with regard to its previous request concerning the condition of service of labour inspectors, the Government indicates that these conditions recently changed in order to retain staff by providing more opportunities for advancements. The Committee notes the Government’s indication that there are currently ten inspectors and two overseeing managers within the DIER. The Committee notes that the staff composition of the DIER is the same as in 2019. The Committee also notes that according to the Government report, the inspectors of the Occupational Health and Safety Authority (OHSA) decreased from 14 to 12 from 2020 to 2021. The Committee requests the Government to provide details of the changes that have occurred in the conditions of service of labour inspectors and to indicate how such changes may serve to attract and retain a sufficient number of motivated staff. In this regard, the Committee requests comparative information on the remuneration scale and opportunities for advancement of labour inspectors in relation to other categories of government employees exercising similar functions, such as tax inspectors or police officers. The Committee also requests the Government to provide information on the reasons for the decrease in staff in the OHSA. In addition, the Committee requests the Government to continue to provide information on the number of labour inspectors working at the DIER and at the OHSA, as well as the number of inspections undertaken by these entities.

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the 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 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of cases of occupational disease. The Committee previously noted, in its comment on the application of the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), research indicating that a large number of occupational accidents and diseases went unreported. The Committee notes from the 2018 annual report of the Occupational Health and Safety Authority that notifications of suspected cases of occupational disease are an important tool, when used effectively, in obtaining a reliable picture regarding the prevalence of occupational ill-health in Malta, which according to the report, remains very unclear. The report also states that during 2018, the Occupational Health and Safety Authority worked on a number of initiatives targeting medical practitioners as part of its efforts to rectify that situation. The Committee requests the Government to provide more detailed information on the activities undertaken by the Occupational Health and Safety Authority to improve the notification of occupational accidents and diseases

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual labour inspection reports. The Committee notes that no annual report on the work of the labour inspection services was received by the Office, but that the annual reports of the Occupational Health and Safety Authority and the Department of Industrial and Employment Relations are available on the website of those entities. The Committee notes that these reports contain information in relation to most of the subjects listed in Article 21 of Convention No. 81, but that disaggregated information is missing as regards labour inspection activities in the agricultural sector, such as statistics of agricultural undertaking liable to inspection and the number of persons working therein (Article 27(c)), statistics of inspection visits (Article 27(d)), statistics of violations and penalties imposed (Article 27(e)), statistics of occupational accidents, including their causes (Article 27(g)). Moreover, information on the number of occupational diseases is missing (Article 21(g) of Convention No. 81 and Article 27(g) of Convention No. 129). The Committee requests the Government to transmit to the ILO the annual reports on the work of the labour inspection services, as required by Articles 20 of Convention No. 81 and 26 of Convention No. 129, containing all the information listed in Articles 21 and 27 of Conventions Nos 81 and 129 respectively.

Labour inspection and child labour. The Committee previously noted that the number of reported cases of violations of the minimum age legislation had dropped from 52 cases in 2005–06 to 42 cases in 2010–11. In this respect, the Committee notes from the statistical information provided in the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that this number had further decreased to 21 cases in 2016. The Committee takes note of this information.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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, 10 and 16 of Convention No. 81 and Articles 8, 14 and 21 of Convention No. 129. Numbers of labour inspectors and inspection visits. Conditions of employment. The Committee notes the Government’s indication in its report, in reply to its previous request, that the number of labour inspectors working at the Department of Industrial Relations and Employment has increased to ten inspectors and that there is an ongoing procedure to recruit another inspector within that Department. The Government adds that two senior managers were recruited in late 2015 with the specific aim of inspecting and investigating claims of precarious work in companies providing services to government departments and public entities. The Committee notes that the Government has not provided a reply to its previous request as regards the conditions of service of labour inspectors. In this respect, the Committee notes the statement in the latest annual reports of the Department of Industrial Relations and Employment (available on the website of that entity) that there have been many changes in the staff of that Department. The Committee also notes with concern from these reports that there has been a decrease in the number of labour inspections between 2015 and 2018, with a particularly significant decrease in these numbers between 2017 and 2018. In fact, it notes from these statistics that there was a decrease from an average of 963 labour inspections in 2017 (resulting in the detection of about 285 violations in that year) to 154 labour inspections in 2018 (with 274 violations detected). The Committee notes from the annual reports of the Occupational Health and Safety Authority that between 2015 and 2018, the number of staff at the Occupational Health and Safety Authority rose from 31 to 35 (and the number of persons in professional and technical positions rose from 15 to 20), and the number of visits undertaken by the Occupational Health and Safety Authority rose from 2,139 in 2015 to 3,738 in 2018. The Committee requests the Government to provide an explanation for the substantial decrease in the number of labour inspections undertaken by the Department of Industrial Relations and Employment, especially as regards the decrease between 2017 and 2018, and to indicate what measures it is taking or plans to take to increase the number of inspections in light of prior levels. Moreover, as the Government has not provided a reply in this respect and in view of the fluctuations in the staff of the Department of Industrial Relations and Employment, the Committee once again requests the Government to provide information on the conditions of service of labour inspectors and to indicate whether they are such as to attract and retain sufficient numbers and motivated staff. In addition, the Committee requests the Government to continue to provide information on the number of labour inspectors working at the Department of Industrial Relations and Employment and at the Occupational Health and Safety Authority, as well as the number of inspections undertaken by these entities.

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

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 6 and 10 of the Convention. Numbers and conditions of employment of labour inspectors. In reply to the Committees’ previous comments, the Government indicates that steps have been taken by the Department of Industrial Relations to recruit more inspectors and possibly improve working conditions in the inspection services. The Committee recalls that, according to Article 10 of the Convention, the numbers of labour inspectors must be sufficient to secure the effective discharge of the duties of the inspectorate with due regard for the number of work places liable to inspection, the number of workers employed in them, the number and complexity of the legal provisions to be enforced and the practical conditions under which visits of inspection must be carried out in order to be effective. Furthermore, according to Article 6, the inspection staff must be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. Referring to its General Survey of 2006 on labour inspection, in particular the paragraphs dealing with the conditions of service of labour inspectors (paragraphs 201–224), the Committee again draws the Government’s attention to paragraph 209 in particular, in which it emphasizes that labour inspectors’ salaries should reflect the importance and specificities of their duties and take account of personal merit, and to paragraph 216 in which it expresses the view that career prospects that take into account seniority and personal merit are essential to attract and especially to retain qualified and motivated staff in labour inspectorates. The Committee again asks the Government to take measures without delay to ensure that all vacant inspectorate posts are filled as soon as possible and that the conditions of service of the profession as a whole are reviewed with a view to their upgrading so as to attract and retain sufficient numbers and motivated staff, and expresses the hope that in its next report the Government will be in a position to recount real progress made in these matters.

Articles 9 and 21. Associating technical experts and specialists in the work of inspection, and content of the annual report. The Committee notes the information sent by the Government on the cooperation of the Occupational Health and Safety Authority with other bodies in supervising application of the labour legislation on occupational safety and health. It also notes the statistical information on the number of occupational accidents, the number of workplaces visited and the number of activities conducted by the Occupational Health and Safety Authority and the data provided by the inspectorate section on the number of inspections, the number of workers covered and the number and list of shortcomings detected. The Committee requests the Government to provide information on cooperation between the Occupational Health and Safety Authority and the inspectorate section, providing copies of any relevant texts or reports. With reference to its previous comments on the content of the annual labour inspection reports, it again asks the Government to refer to its general observations of 1996, 2007, 2009 and 2010, and to take measures enabling the central inspection authority to publish and communicate to the ILO an annual report containing all the information required by Article 21 of the Convention. In this connection, the Committee draws the Government’s attention to Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81).

Labour inspection and child labour. In its previous comments, the Committee noted that the number of reported cases of violations of the minimum age legislation had dropped from 52 cases in 2005–06 to 24 in 2008–09. The data supplied in the last report show an increase, the number of cases having risen from 24 in 2008–09 to 42 in 2010–11. The Committee requests the Government to provide information on the measures taken or envisaged to improve the labour inspectorate’s effectiveness in this area. Further to its previous comments, the Committee again asks the Government to provide detailed information on the labour inspection activities carried out in collaboration with the Directorate for Educational Services, and their results.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 6 and 10 of the Convention. Numbers and conditions of employment of labour inspectors. In reply to the Committees’ previous comments, the Government indicates that steps have been taken by the Department of Industrial Relations to recruit more inspectors and possibly improve working conditions in the inspection services. The Committee recalls that, according to Article 10 of the Convention, the numbers of labour inspectors must be sufficient to secure the effective discharge of the duties of the inspectorate with due regard for the number of work places liable to inspection, the number of workers employed in them, the number and complexity of the legal provisions to be enforced and the practical conditions under which visits of inspection must be carried out in order to be effective. Furthermore, according to Article 6, the inspection staff must be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. Referring to its General Survey of 2006 on labour inspection, in particular the paragraphs dealing with the conditions of service of labour inspectors (paragraphs 201–224), the Committee again draws the Government’s attention to paragraph 209 in particular, in which it emphasizes that labour inspectors’ salaries should reflect the importance and specificities of their duties and take account of personal merit, and to paragraph 216 in which it expresses the view that career prospects that take into account seniority and personal merit are essential to attract and especially to retain qualified and motivated staff in labour inspectorates. The Committee again asks the Government to take measures without delay to ensure that all vacant inspectorate posts are filled as soon as possible and that the conditions of service of the profession as a whole are reviewed with a view to their upgrading so as to attract and retain sufficient numbers and motivated staff, and expresses the hope that in its next report the Government will be in a position to recount real progress made in these matters.

Articles 9 and 21. Associating technical experts and specialists in the work of inspection, and content of the annual report. The Committee notes the information sent by the Government on the cooperation of the Occupational Health and Safety Authority with other bodies in supervising application of the labour legislation on occupational safety and health. It also notes the statistical information on the number of occupational accidents, the number of workplaces visited and the number of activities conducted by the Occupational Health and Safety Authority and the data provided by the inspectorate section on the number of inspections, the number of workers covered and the number and list of shortcomings detected. The Committee requests the Government to provide information on cooperation between the Occupational Health and Safety Authority and the inspectorate section, providing copies of any relevant texts or reports. With reference to its previous comments on the content of the annual labour inspection reports, it again asks the Government to refer to its general observations of 1996, 2007, 2009 and 2010, and to take measures enabling the central inspection authority to publish and communicate to the ILO an annual report containing all the information required by Article 21 of the Convention. In this connection, the Committee draws the Government’s attention to Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81).

Labour inspection and child labour. In its previous comments, the Committee noted that the number of reported cases of violations of the minimum age legislation had dropped from 52 cases in 2005–06 to 24 in 2008–09. The data supplied in the last report show an increase, the number of cases having risen from 24 in 2008–09 to 42 in 2010–11. The Committee requests the Government to provide information on the measures taken or envisaged to improve the labour inspectorate’s effectiveness in this area. Further to its previous comments, the Committee again asks the Government to provide detailed information on the labour inspection activities carried out in collaboration with the Directorate for Educational Services, and their results.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Articles 6 and 10 of the Convention. Numbers and conditions of employment of labour inspectors. In reply to the Committees’ previous comments, the Government indicates that steps have been taken by the Department of Industrial Relations to recruit more inspectors and possibly improve working conditions in the inspection services. The Committee recalls that, according to Article 10 of the Convention, the numbers of labour inspectors must be sufficient to secure the effective discharge of the duties of the inspectorate with due regard for the number of work places liable to inspection, the number of workers employed in them, the number and complexity of the legal provisions to be enforced and the practical conditions under which visits of inspection must be carried out in order to be effective. Furthermore, according to Article 6, the inspection staff must be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. Referring to its General Survey of 2006 on labour inspection, in particular the paragraphs dealing with the conditions of service of labour inspectors (paragraphs 201–224), the Committee again draws the Government’s attention to paragraph 209 in particular, in which it emphasizes that labour inspectors’ salaries should reflect the importance and specificities of their duties and take account of personal merit, and to paragraph 216 in which it expresses the view that career prospects that take into account seniority and personal merit are essential to attract and especially to retain qualified and motivated staff in labour inspectorates. The Committee again asks the Government to take measures without delay to ensure that all vacant inspectorate posts are filled as soon as possible and that the conditions of service of the profession as a whole are reviewed with a view to their upgrading so as to attract and retain sufficient numbers and motivated staff, and expresses the hope that in its next report the Government will be in a position to recount real progress made in these matters.

Articles 9 and 21. Associating technical experts and specialists in the work of inspection, and content of the annual report. The Committee notes the information sent by the Government on the cooperation of the Occupational Health and Safety Authority with other bodies in supervising application of the labour legislation on occupational safety and health. It also notes the statistical information on the number of occupational accidents, the number of workplaces visited and the number of activities conducted by the Occupational Health and Safety Authority and the data provided by the inspectorate section on the number of inspections, the number of workers covered and the number and list of shortcomings detected. The Committee requests the Government to provide information on cooperation between the Occupational Health and Safety Authority and the inspectorate section, providing copies of any relevant texts or reports. With reference to its previous comments on the content of the annual labour inspection reports, it again asks the Government to refer to its general observations of 1996, 2007, 2009 and 2010, and to take measures enabling the central inspection authority to publish and communicate to the ILO an annual report containing all the information required by Article 21 of the Convention. In this connection, the Committee draws the Government’s attention to Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81).

Labour inspection and child labour. In its previous comments, the Committee noted that the number of reported cases of violations of the minimum age legislation had dropped from 52 cases in 2005–06 to 24 in 2008–09. The data supplied in the last report show an increase, the number of cases having risen from 24 in 2008–09 to 42 in 2010–11. The Committee requests the Government to provide information on the measures taken or envisaged to improve the labour inspectorate’s effectiveness in this area. Further to its previous comments, the Committee again asks the Government to provide detailed information on the labour inspection activities carried out in collaboration with the Directorate for Educational Services, and their results.

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

Articles 6 and 10 of the Convention. Numbers and conditions of employment of labour inspectors. In reply to the Committees’ previous comments, the Government indicates that steps have been taken by the Department of Industrial Relations to recruit more inspectors and possibly improve working conditions in the inspection services. The Committee recalls that, according to Article 10 of the Convention, the numbers of labour inspectors must be sufficient to secure the effective discharge of the duties of the inspectorate with due regard for the number of work places liable to inspection, the number of workers employed in them, the number and complexity of the legal provisions to be enforced and the practical conditions under which visits of inspection must be carried out in order to be effective. Furthermore, according to Article 6, the inspection staff must be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. Referring to its General Survey of 2006 on labour inspection, in particular the paragraphs dealing with the conditions of service of labour inspectors (paragraphs 201–224), the Committee again draws the Government’s attention to paragraph 209 in particular, in which it emphasizes that labour inspectors’ salaries should reflect the importance and specificities of their duties and take account of personal merit, and to paragraph 216 in which it expresses the view that career prospects that take into account seniority and personal merit are essential to attract and especially to retain qualified and motivated staff in labour inspectorates. The Committee again asks the Government to take measures without delay to ensure that all vacant inspectorate posts are filled as soon as possible and that the conditions of service of the profession as a whole are reviewed with a view to their upgrading so as to attract and retain sufficient numbers and motivated staff, and expresses the hope that in its next report the Government will be in a position to recount real progress made in these matters.

Articles 9 and 21. Associating technical experts and specialists in the work of inspection, and content of the annual report. The Committee notes the information sent by the Government on the cooperation of the Occupational Health and Safety Authority with other bodies in supervising application of the labour legislation on occupational safety and health. It also notes the statistical information on the number of occupational accidents, the number of workplaces visited and the number of activities conducted by the Occupational Health and Safety Authority and the data provided by the inspectorate section on the number of inspections, the number of workers covered and the number and list of shortcomings detected. The Committee requests the Government to provide information on cooperation between the Occupational Health and Safety Authority and the inspectorate section, providing copies of any relevant texts or reports. With reference to its previous comments on the content of the annual labour inspection reports, it again asks the Government to refer to its general observations of 1996, 2007, 2009 and 2010, and to take measures enabling the central inspection authority to publish and communicate to the ILO an annual report containing all the information required by Article 21 of the Convention. In this connection, the Committee draws the Government’s attention to Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81).

Labour inspection and child labour. In its previous comments, the Committee noted that the number of reported cases of violations of the minimum age legislation had dropped from 52 cases in 2005–06 to 24 in 2008–09. The data supplied in the last report show an increase, the number of cases having risen from 24 in 2008–09 to 42 in 2010–11. The Committee requests the Government to provide information on the measures taken or envisaged to improve the labour inspectorate’s effectiveness in this area. Further to its previous comments, the Committee again asks the Government to provide detailed information on the labour inspection activities carried out in collaboration with the Directorate for Educational Services, and their results.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

With reference to its observation, the Committee draws the Government’s attention to the following points.

Articles 6 and 10 of the Convention. Number and conditions of employment of labour inspectors. The Committee notes with concern that 13 labour inspectors, three inspectors of the Occupational Health and Safety Authority and ten inspectors in the Department of Industrial and Employment Relations have left their jobs to take up employment in the private sector, where conditions of employment are more attractive. It observes that only seven of them have been replaced. With reference to paragraphs 201–224 of its General Survey of 2006 on labour inspection concerning the status and conditions of service of labour inspectors, the Committee draws the Government’s attention in particular to paragraph 209, in which it emphasizes that the remuneration of labour inspectors has to reflect the importance and specificities of their duties and take account of personal merit, as well as paragraph 216 in which it considers that career prospects that take into account seniority and personal merit are essential to attract and especially to retain qualified and motivated staff in labour inspectorates. The Committee urges the Government to take measures rapidly to ensure that all vacant posts in the inspectorate are filled as soon as possible and that the conditions of service of the profession as a whole are reviewed with a view to their adjustment so as to attract and retain sufficient numbers and motivated staff. It requests the Government to keep the ILO informed of any progress in this respect and of any difficulties encountered.

Article 21. Contents of the annual report. The Committee notes that the annual report on inspection activities does not contain statistics on the workplaces liable to inspection, in the absence of which it is impossible to assess the coverage rate of the labour inspection services and the adequacy of the number of inspectors in relation to needs. Furthermore, the data on violations of the legislation are fairly brief and do not provide indications on the nature of the violations or the action taken as a result. The report confines itself to indicating in this respect that 126 claims were issued giving rise to fines totalling €122,809.58. The Committee requests the Government to refer to its general observations of 1996, 2007 and 2009 and to take measures to enable the central inspection authority to publish and communicate to the Office an annual report containing all the information required under the terms of Article 21 of the Convention as recommended in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81).

Labour inspection and child labour. In light of the data provided, the Committee notes with interest that the number of reported cases of violations of the minimum age legislation fell from 52 cases in 2005–06 to 24 cases in 2008–09. Further to its previous comment, the Committee once again requests the Government to provide detailed information on the labour inspection activities carried out in collaboration with the Directorate for Educational Services and their results.

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

With reference to its observation, the Committee draws the Government’s attention to the following points.

Articles 6 and 10 of the Convention. Number and conditions of employment of labour inspectors. The Committee notes with concern that 13 labour inspectors, three inspectors of the Occupational Health and Safety Authority and ten inspectors in the Department of Industrial and Employment Relations have left their jobs to take up employment in the private sector, where conditions of employment are more attractive. It observes that only seven of them have been replaced. With reference to paragraphs 201–224 of its General Survey of 2006 on labour inspection concerning the status and conditions of service of labour inspectors, the Committee draws the Government’s attention in particular to paragraph 209, in which it emphasizes that the remuneration of labour inspectors has to reflect the importance and specificities of their duties and take account of personal merit, as well as paragraph 216 in which it considers that career prospects that take into account seniority and personal merit are essential to attract and especially to retain qualified and motivated staff in labour inspectorates. The Committee urges the Government to take measures rapidly to ensure that all vacant posts in the inspectorate are filled as soon as possible and that the conditions of service of the profession as a whole are reviewed with a view to their adjustment so as to attract and retain sufficient numbers and motivated staff. It requests the Government to keep the ILO informed of any progress in this respect and of any difficulties encountered.

Article 21. Contents of the annual report. The Committee notes that the annual report on inspection activities does not contain statistics on the workplaces liable to inspection, in the absence of which it is impossible to assess the coverage rate of the labour inspection services and the adequacy of the number of inspectors in relation to needs. Furthermore, the data on violations of the legislation are fairly brief and do not provide indications on the nature of the violations or the action taken as a result. The report confines itself to indicating in this respect that 126 claims were issued giving rise to fines totalling €122,809.58. The Committee requests the Government to refer to its general observations of 1996, 2007 and 2009 and to take measures to enable the central inspection authority to publish and communicate to the Office an annual report containing all the information required under the terms of Article 21 of the Convention as recommended in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81).

Labour inspection and child labour. In light of the data provided, the Committee notes with interest that the number of reported cases of violations of the minimum age legislation fell from 52 cases in 2005–06 to 24 cases in
2008–09. Further to its previous comment, the Committee once again requests the Government to provide detailed information on the labour inspection activities carried out in collaboration with the Directorate for Educational Services and their results.

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

Articles 3(1), 5(a), 16, 18 and 21 of the Convention. Annual report on the labour inspection activities and collaboration with the judicial authorities. The Committee notes with interest the annual inspection report provided to the Office containing information reporting a number of good practices which deserve to be emphasized, and particularly the activities carried out by the Occupational Health and Safety Authority in schools to raise awareness among the public from an early age concerning occupational safety and health issues, as well as the participation in the European Safety and Health at Work Campaign with the slogan “Healthy Workplaces – Good for you. Good for business”, which emphasizes the financial value to enterprises of beneficial conditions of work for workers. The Committee also notes with interest the information on the inspection campaigns targeting certain branches of activity, such as hotels and the collection of household rubbish.

The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 20 and 21 of the Convention. Reporting obligations of the central labour inspection authority. The Committee notes the concise statistical tables sent by the Government with its report on Convention No. 129, concerning inspection activities undertaken by the inspectorate in 2005 with regard to monitoring legislation concerning wages. These tables refer to the number of inspections carried out, the number of infringements recorded and also the number of cases dealt with in each branch of activity (Article 21(d) and (e)), without mentioning the number of workplaces liable to inspection or the number of workers covered (Article 21(c)), so that it is impossible to evaluate the overall level of coverage by the labour inspectorate with regard to needs. While welcoming the availability of such data, the Committee reminds the Government of the central labour inspectorate’s obligation to publish and send an annual report on inspection activities containing the information required by Article 21(a)–(g). It would like to draw the Government’s attention to the usefulness of such report for evaluating at both national and international level the operation of the labour inspection system and the improvement thereof with a view to the optimum coverage of needs. Valuable guidance on the presentation and level of detail of the information which the annual report should contain on the subjects covered by Article 21(a)–(g) of the Convention is provided by Part IV of Recommendation No. 81. The Committee hopes that the Government will take measures as soon as possible to ensure that an annual report on labour inspection activities containing all the required information will soon be published and that a copy will be transmitted by the central inspection authority to the ILO according to the procedures laid down in Article 20. The Committee would be grateful if the Government would keep the Office informed of all progress made in this respect and send a copy of any relevant legal text and also any statistical information available on each of the subjects covered by Article 21.

Article 5(a). Labour inspection, child labour and inter-institutional cooperation. Also referring to the information contained in the Government’s report on the Minimum Age Convention, 1973 (No. 138), received by the ILO in 2002, with regard to inspection activities undertaken by the Employment and Training Corporation to monitor the application of legislation on child labour between May 2000 and May 2002, the Committee notes that these activities resulted in 130 infringements with regard to minimum age being reported to the Education Department. It would be grateful if the Government would indicate whether such activities have continued beyond the period mentioned, send information on their scope and results and describe the mechanisms for cooperation established between the labour inspectorate and the Education Department. It also asks it to indicate the follow-up action taken regarding, firstly, any legal proceedings taken against offending employers and, secondly, the situation of the children concerned.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Articles 20 and 21 of the Convention. Reporting obligations of the central labour inspection authority. The Committee notes the concise statistical tables sent by the Government with its report on Convention No. 129, concerning inspection activities undertaken by the inspectorate in 2005 with regard to monitoring legislation concerning wages. These tables refer to the number of inspections carried out, the number of infringements recorded and also the number of cases dealt with in each branch of activity (Article 21(d) and (e)), without mentioning the number of workplaces liable to inspection or the number of workers covered (Article 21(c)), so that it is impossible to evaluate the overall level of coverage by the labour inspectorate with regard to needs. While welcoming the availability of such data, the Committee reminds the Government of the central labour inspectorate’s obligation to publish and send an annual report on inspection activities containing the information required by Article 21(a)–(g). It would like to draw the Government’s attention to the usefulness of such report for evaluating at both national and international level the operation of the labour inspection system and the improvement thereof with a view to the optimum coverage of needs. Valuable guidance on the presentation and level of detail of the information which the annual report should contain on the subjects covered by Article 21(a)–(g) of the Convention is provided by Part IV of Recommendation No. 81. The Committee hopes that the Government will take measures as soon as possible to ensure that an annual report on labour inspection activities containing all the required information will soon be published and that a copy will be transmitted by the central inspection authority to the ILO according to the procedures laid down in Article 20. The Committee would be grateful if the Government would keep the Office informed of all progress made in this respect and send a copy of any relevant legal text and also any statistical information available on each of the subjects covered by Article 21.

Article 5(a). Labour inspection, child labour and inter-institutional cooperation. Also referring to the information contained in the Government’s report on the Minimum Age Convention, 1973 (No. 138), received by the ILO in 2002, with regard to inspection activities undertaken by the Employment and Training Corporation to monitor the application of legislation on child labour between May 2000 and May 2002, the Committee notes with interest that these activities resulted in 130 infringements with regard to minimum age being reported to the Education Department. It would be grateful if the Government would indicate whether such activities have continued beyond the period mentioned, send information on their scope and results and describe the mechanisms for cooperation established between the labour inspectorate and the Education Department. It also asks it to indicate the follow-up action taken regarding, firstly, any legal proceedings taken against offending employers and, secondly, the situation of the children concerned.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s report for the period ending 1 May 2003, as well as the replies to its previous comments. It notes, however, that the annual inspection report has not been transmitted to the ILO. The Committee therefore once again requests the Government to take the necessary measures to ensure its publication and communication by the central authority within the time limits set out in Article 20. It would be grateful if the Government would ensure that relevant information on inspection activities related to child labour are regularly included in such reports.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report for the period ending 1 May 2003, as well as the replies to its previous comments. It notes, however, that the annual inspection report has not been transmitted to the ILO. The Committee therefore once again requests the Government to take the necessary measures to ensure its publication and communication by the central authority within the time limits set out in Article 20. It would be grateful if the Government would ensure that relevant information on inspection activities related to child labour are regularly included in such reports.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report and the replies to its previous comments. It also notes the information contained in the annual reports for 1999 and 2000 of the Department of Industrial and Employment Relations on the activities of the labour inspection services, and the table of June 2001 on the categories of employment in the various sectors. It requests the Government to provide additional information on the following points.

Labour inspection and child labour. With reference to its previous comments on the labour inspection activities carried out in 1995 to detect abusive employment of children and young persons, and noting that 48 infringements regarding the employment of children were reported between June and September 1995, the Committee once again requests the Government to provide information on the measures taken against employers committing infringements and to ensure that information on this issue is regularly included in the annual report on the activities of the labour inspection services.

Articles 6; 7; 12, paragraph 1; and 13 of the Convention. The Committee notes that five officials in the general service of the Department of Industrial and Employment Relations carry out labour inspections relating to employment contracts and conditions of employment. The Government adds in its report that steps are also being taken to recruit six other inspectors on a contract basis by the end of 2001. The Committee emphasizes that, in accordance with the above Articles, labour inspectors should enjoy a status and conditions of service such that they are assured of stability of employment, they should be recruited on the basis of specific qualifications and should receive adequate training and should be entrusted with the powers of free entry and investigation, as well as powers of injunction with a view to securing the enforcement of the legal provisions that they are responsible for supervising, and it therefore requests the Government to indicate whether officials in the general service carrying out inspection functions and inspectors recruited on a contract basis respond to the criteria of aptitude required by the Convention and whether they are accorded the powers inherent in inspection duties, as set out in the instrument. If not, the Government is requested to take the necessary measures to this end and to keep the ILO informed of any progress achieved.

Article 12, paragraph 1(a). With reference to its previous comments and noting the Government’s explanations that it is the responsibility of inspectors to assess the reasonable nature of the time at which inspections should be carried out, the Committee would be grateful if the Government would take the necessary measures to ensure that the right of labour inspectors to enter freely workplaces liable to inspection can be exercised, on a legal basis, at any hour of the day or night, as required by this provision.

Articles 20 and 21. The Committee requests the Government to take the necessary measures to ensure the publication and communication by the central authority, within the time limits set out in Article 20, of an annual report prepared on the basis of the guidance provided by Part IV of Recommendation No. 81, which supplements the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s successive reports since 1995, and the annual reports of the Department of Labour covering the period from 1994 to 1998. It also notes the legislative texts provided, such as the Conditions of Employment (Regulation) Act, 1952, as amended, and the Occupational Health and Safety (Promotion) Act, 1994 (Act No. VII).

With reference to its previous comments, the Committee notes the Government’s replies and the information provided, as contained in the above annual reports, respecting the application of Articles 7, 12(1)(a) and (d), and 15 of the Convention. The Committee would be grateful if the Government would provide additional information on the following points:

1.  The Committee notes the data contained in the annual reports of the Department of Labour on the numbers and composition of the staff of the labour inspectorate and would be grateful for further data on the proportion of women in the inspection staff. It would be grateful if the Government would indicate in particular the manner in which effect is given to Article 8, which provides that, where necessary, special duties may be assigned to men and women inspectors, with particular reference to the mission of promoting and enforcing measures needed to promote the employment and advancement of women and their conditions of employment, which were mentioned in the annual reports of the Department of Labour as being included in the role of the Department of Labour.

2.  The annual report for 1995 refers to a joint exercise by labour inspectors and the Employment and Training Corporation with a view to detecting illegal employment and any abusive employment of children or young persons, particularly in tourist localities. The Committee would be grateful if the Government would provide information on the results of this joint exercise, and particularly on the measures taken in cases in which violations were found in these fields.

3.  According to the Government’s explanations, the expression "at all reasonable times", defining the periods when inspectors have the right to enter workplaces liable to their supervision, must be interpreted as at any time when inspectors have reason to believe that work is being carried out. The Committee notes that the Occupational Health and Safety (Promotion) Act contains a provision with the same scope as the previous text in this respect. The Committee is bound to emphasize once again that the right of inspectors to enter the above workplaces, as set out in Article 12(1)(a) and (b), should not be limited to the hours of work of the workplaces and that they should also be able to exercise this right at any time. This latitude should allow labour inspectors to detect illegal employment outside normal working hours, as well as ascertaining the state of certain machines at rest. The Government is requested to refer in this regard to paragraphs 161 et seq. of the Committee of Experts’ 1985 General Survey on labour inspection, to take the necessary measures to bring its legislation into conformity with the above provisions of the Convention in this respect and to inform the ILO of any progress achieved on this matter.

4.  In addition to the texts to which the Government refers concerning the matters covered by Article 15, the Committee notes that section 39(5) of the Conditions of Employment (Regulation) Act, 1952, as amended, reproduces the exact text of these provisions. The Committee requests the Government to state whether this text remains in force.

5.  The Committee notes that, under the terms of section 8(2)(a) of the Occupational Health and Safety (Promotion) Act, 1994, employers are obliged to inform, in such mode or manner as may be prescribed, the Director of Labour or any person mentioned in the Act or in regulations or orders made under the Act of any industrial accident or injury, or of any work-connected disease, at a place of work under their control. The Committee would be grateful if the Government would provide information on the measures taken and the texts adopted to apply this provision in practice.

6.  The Committee notes the absence of statistics in the annual reports of the Department of Labour on workplaces liable to supervision by the labour inspection services. It wishes to emphasize the essential nature of such information to assess the extent to which effect is given to Article 16 of the Convention, under the terms of which these workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. The Government is therefore requested to take appropriate measures to ensure that the annual reports on the work of the inspection services contain in future, in accordance with Article 21(c) and (d), not only statistics of inspection visits, but also statistics of all workplaces liable to inspection.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Further to its previous comments, the Committee notes the brief information contained in the Government report. Please provide full details on the following matters.

Article 7 of the Convention. The Committee notes that the Government is taking steps to reorganize the inspectorate and the Department of Labour. It hopes these measures will help the Government to ensure that persons recruited to be inspectors are adequately trained for the tasks required of them.

Articles 10 and 18. The Committee notes with interest the information that the Bill for the Promotion of Occupational Health and Safety was presented to the House of Representatives and that it is expected to become law in the near future. Please provide a copy when the law is adopted.

Article 12, paragraph 1(a) and (b). The Committee notes the information provided in reply to its previous comments that section 39(2) of the Conditions of Employment (Regulations) Act empowers an inspector to enter freely and without previous notice at all reasonable times any premises or place of work. The Committee recalls the requirements of this provision of the Convention that labour inspectors be empowered to enter freely and without prior notice at any hour of the day or night any workplace liable to inspection, and by day any premises which they may have reasonable cause to believe to be liable to inspection. Please provide a copy of the said Act (incorporating amendments to date), which has not reached the Office with the Government's last report.

Article 15, paragraphs (a) and (c). The Committee notes the Government's report does not reply to its previous comments regarding the absence of provisions in the Factories (Health, Safety and Welfare) Regulations, 1986 prohibiting inspectors from having an interest in undertakings supervised, or providing for the confidentiality of complaints. It trusts the Government will not fail to indicate the measures taken in this respect.

Article 16. The Committee notes the Government's report does not reply to its previous comments requesting information on the measures the Government envisages to address the decline in the number of routine inspections carried out between 1989 and 1990 and further to ensure workplaces and undertakings are inspected as often and as thoroughly as necessary. Please provide full details in the next report.

Articles 20 and 21. The Committee notes that no report on the activities of the inspection services has been transmitted in accordance with these provisions of the Convention. It draws the Government's attention to the importance it attaches to the compilation and publication within the time-limits set by Article 20 of annual reports on the activities of the inspection services containing all the information listed in Article 21.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided in the Government's report.

Article 7 of the Convention. The Committee notes from the Government's report on Convention No. 129 that the system of recruitment of labour inspectors draws upon "general service" grades. Please provide detailed information on the measures taken to ensure that persons recruited to be inspectors are adequately trained for the tasks required of them.

Article 10. Further to its previous comment, the Committee notes that the 1989 annual report refers to the need to strengthen control of health and safety at work. The Committee asks that information in this regard be provided with the next report.

Article 12, paragraph 1(a) and (b). The Committee notes that section 28(2)(a) of the Conditions of Employment (Regulation) Act, 1952, does not provide for entry by inspectors where there is reasonable cause to believe that a place is liable to inspection. The Committee asks that information be provided as to practical application of this section in light of the requirements of this Article.

Article 15, paragraphs (a) and (c). The Committee notes that the Factories (Health, Safety and Welfare) Regulations, 1986, do not prohibit inspectors having an interest in undertakings supervised, or provide for the confidentiality of complaints. Please indicate what measures are taken in this respect.

Article 16. The Committee notes from the statistics provided with the Government's report that the number of routine inspections carried out in 1990 is substantially down from the number reported in 1989. The Committee asks the Government to indicate whether measures have been envisaged to ensure that workplaces and undertakings are inspected as often and as thoroughly as necessary.

Article 18. Please indicate whether penalties for violations of legal provisions or for obstruction are considered adequate, with particular reference to the inspection services of the Inspectorate and Safety Unit of the Department of Labour and Emigration.

Articles 20 and 21. The Committee notes that although some statistics were provided with the Government's report, the International Labour Office has not received an annual report on the work of inspection services. The Committee notes that reports on the working of government departments for 1988 and 1989 previously sent to the Office contained the basic data required by Article 21. Please ensure that subsequent annual reports are sent as required by the Convention. Please also include statistics of workplaces liable to inspection and numbers of workers employed there. The Committee would finally be grateful if measures were taken to provide separate statistical analysis for the industrial and the agriculture sectors.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 10 of the Convention. The Committee notes with interest that the Government intends to reorganise the inspectorate and to increase the number and improve the quality of the personnel in order to make labour inspection more efficient, particularly with regard to the protection of the health and safety of the workers. It would be grateful if the Government would keep it informed of any measures taken in this respect.

Articles 20 and 21. The Committee notes that the International Labour Office has not received the annual inspection report. It trusts that, in future, annual reports containing information on all the subjects listed at Article 21 will be published and transmitted to the International Labour Office within the time-limits laid down at Article 20.