Labour Inspection Convention, 1947 (No. 81) - Isle of Man

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Labour inspection: Convention No. 81

Articles 10, 14, 16, 20 and 21 of the Convention. Number of labour inspectors and inspection visits. Notification of industrial accidents and cases of occupational disease. Annual report on the work of the inspection services. The Committee notes the statistical information provided by the Government, in its report, on the activities performed by the Health and Safety at Work Inspectorate (HSWI) between June 2016 and May 2019, in particular with regard to the number of labour inspectors (three inspectors employed in 2019) and inspection visits (1,054 visits carried out from 2016 to 2019), premises covered by the HSWI (more than 3,000 in 2019) as well as the number of accidents, diseases and dangerous occurrences at workplaces. The Committee also takes note of the registers of enforcement notices issued, which are available at the Government’s website and include information on improvement notices (four in 2016, three in 2017, two in 2018 and four in 2019) and prohibition notices (seven in 2016, eight in 2017, five in 2018 and two in 2019). The Committee requests the Government to continue to provide information on the activities of the HSWI. Noting the Government’s indication that Environmental Health Officers perform inspections in lower risk premises, it further requests the Government to provide information on the inspection powers and activities of these Officers. It also requests the Government to indicate whether annual reports on the work of the inspection services are published in accordance with Article 20(2) of the Convention and, if so, whether they address the subjects specified in Article 21 of the Convention.

Labour administration: Convention No. 150

Article 4 of the Convention. Organization of the system of labour administration and coordination of its functions and responsibilities. With regard to its previous comments on the organization of the labour administration system, the Committee notes that the Government indicates in its report that further restructuring took place in relation to labour administration following the adoption of the Transfer of Functions (Economic Development and Education) Order of 2017. It notes that under this Order, the Department of Economic Development was renamed the Department for Enterprise and that certain functions were transferred from the former Department of Economic Development to other government departments. Functions relating to apprenticeships, vocational training and career services were transferred to the Department of Education, Sport and Culture and those related to the job centre and arrangements to support people with disabilities to obtain and retain employment were transferred to the Social Security Division of the Treasury. The Committee also takes note of the organizational charts of bodies comprising the labour administration system both prior to and following the adoption of the Transfer of Functions (Economic Development and Education) Order of 2017, transmitted by the Government. The Committee requests the Government to continue to provide information on the organization, functions and responsibilities of the labour administration system. It also requests the Government to provide further information on the manner in which it ensures that these functions and responsibilities, which are entrusted to different bodies engaged in labour administration, are properly coordinated.

Article 5. Consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers or their representatives. The Committee notes that, in reply to its previous comments, the Government indicates that the Manx National Economic Development Council has been renamed the Manx National Development Forum (MNDF). The MNDF remains a tripartite body, has the same purpose as its predecessor and meets on a quarterly basis. It takes note of the terms of reference of the MNDF, as updated in 2018, and the minutes of meetings held in 2017 and 2018, which have been transmitted by the Government. Lastly, it takes note of the Government’s indication, in response to the Committee’s previous request, that its Code of Practice on Consultations has been reviewed and is available on its website. The Government indicates that the constituent parties of the MNDF are listed as direct consultees and any member of the MNDF may propose a specific consultation as an item on its agenda for discussion.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Articles 3, 10, 13, 14, 16, 20 and 21 of the Convention. Effectiveness of the work of the labour inspection services and annual labour inspection report. The Committee notes from the Government’s report that the number of health and safety inspectors working at the Health and Safety at Work Inspectorate (HSWI) has decreased (from three inspectors in 2011 to two inspectors in 2013), but that one trainee inspector has been recruited. It also notes that while the number of prohibition notices issued increased from seven for the period April 2010–March 2011 to ten for the period January–May 2013, the number of regular inspection visits decreased (from approximately 500 to 392), the number of reports of industrial accidents increased (from 274 to 320) and the number of prosecutions decreased (from four to one).

The Committee previously noted that labour inspectors at the HSWI are entrusted with various additional tasks, including technical inspections (building safety, machine safety and passenger lift safety, etc.), railway inspections and a number of licensing responsibilities, including the annual safety reviews associated with licences required for the operation of the island’s 17 petrol and gas storage depots. The Committee notes the Government’s indications that, during the period covered by the Government’s report, a very high percentage of the HSWI’s resources were devoted to activities other than safety and health, including complex investigations of fatal accidents at work involving members of the public and service users. In addition, the Government mentions activities to raise awareness among the island’s population on safety issues in relation to a public infrastructure project (gas conversion programme). The Committee finally notes the Government’s indications that the annual reports for 2011/12 and 2012/13 have not yet been finalized, but that a combined report covering the period 2011/13 will be completed by January 2014.

In view of the limited human resources available to the inspectorate and the wide range of activities entrusted to it, the Committee asks the Government to indicate whether any measures are envisaged to strengthen the human resources of the labour inspectorate, based on a needs assessment of the labour inspection services in this respect.

The Committee also requests the Government to continue to provide information on the activities which have been focused on the primary functions of labour inspection, that is the enforcement of legal provisions relating to conditions of work and the supply of technical information and advice to employers and workers concerning the most effective means of complying with these provisions, as well as measures with immediate executory force in the event of imminent danger to the safety or health of workers, and to specify the proportion of these activities in relation to the other tasks assumed by labour inspectors.

Recalling that one of the main purposes of the annual labour inspection report is to serve as a basis for the periodical assessment by the central inspection authority of the adequacy of the available resources in relation to needs, the Committee hopes that the annual inspection reports covering the period 2011/13 will contain information that is as detailed as possible on all the items listed in Article 21(a)–(g) of the Convention, and that it will also include information on cases of occupational diseases, which have not been provided in the annual labour inspection report for 2010/11.

In this regard, the Committee once again draws the Government’s attention to the guidance provided in Part IV of the Labour Inspection Recommendation, 1947 (No. 81), as to the type of information that should be reflected in the annual inspection report.

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

Articles 3, 10, 13, 14, 16, 20 and 21 of the Convention. Functioning of the labour inspection system and annual labour inspection report. The Committee takes note of the annual report of the Health and Safety at Work Inspectorate communicated by the Government pursuant to the Committee’s previous comments.

The Committee notes that according to the annual report, the Health and Safety at Work Inspectorate is composed of a Head of Health and Safety, three Health and Safety Inspectors and an Administrative Officer, while plans are under way to create a trainee position. It also notes that the Inspectorate is entrusted with ensuring compliance with legislation aimed at protecting not only workers but also members of the public whose safety and health may be put at risk by work activities. In particular, the Committee notes from the annual report that the inspectorate carries out inspections not only in relation to conditions of work but also technical inspections concerning for instance, building safety, machine safety and passenger lift safety. Moreover, the Inspectorate has a number of licensing responsibilities including the annual safety reviews associated with licenses required for the operation of the island’s 17 petrol and gas storage depots, and carries out inspections of railways. Finally, the Inspectorate provides assistance on a regular basis to other agencies and individuals in the course of their duties, including the police, the Coroner of Inquests and the fire service.

Within this framework the Committee notes from the annual report, that, between March 2004 and March 2011, the number of proactive visits increased from 371 to 500, while, at the same time, the number of accidents causing three or more days of absence increased from 142 to 224, and the number of prohibition notices declined from 17 to seven.

In the light of the limited human resources available to the inspectorate and the wide range of activities entrusted to it, the Committee requests the Government to provide further information on the activities which have been focused on the primary functions of labour inspection, i.e. the enforcement of legal provisions relating to conditions of work (occupational safety and health), the supply of technical information and advice to employers and workers concerning the most effective means of complying with these provisions, as well as measures with immediate executory force in the event of imminent danger to the health or safety of the workers, and to indicate the impact of these activities on the number of accidents at work (Articles 3(1), 13, 14, 16 and 21 (d)–(g) of the Convention); please also specify the proportion of these activities in relation to the other functions entrusted on the labour inspectorate (Article 3(2)).

Noting moreover that the Government refers to steps taken to improve data management systems in relation to accidents, the Committee would be grateful if the Government would describe the process of notification of industrial accidents as well as occupational diseases, and would specify the role of the inspectorate in this framework as well as any measures taken or envisaged to improve this process (Article 14).

Finally, the Committee would be grateful if the Government to would indicate the measures taken or envisaged to ensure the elaboration of an annual inspection report containing as detailed information as possible on all items listed in Articles 21 (a)–(g). The Committee draws the Government’s attention to the guidance provided in Part IV of the Labour Inspection Recommendation, 1947 (No. 81) as to the type of information that should be reflected in the annual inspection reports.

Article 4. Organization of the labour inspection system. The Committee notes that according to the Government’s report, the Inspectorate was transferred from the Department of Local Government and the Environment to the Department of Infrastructure as part of a wider Government reorganisation. The political responsibility for health and safety at work rests with the Minister of Infrastructure. The Head of the Inspectorate operates at Director level, but for administrative purposes reports to the Chief Officer through the Director of Finance to minimise potential conflicts of interest. The Committee would be grateful if the Government would send a copy of the organizational chart of the Inspectorate and specify the reporting hierarchy.

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

Articles 20 and 21 of the Convention. Publication and content of the annual labour inspection report. Further to its previous comments regarding the obligation to publish and send to the ILO an annual report on the work of the inspection services and its results, the Committee notes the Government’s commitment to take the necessary steps to ensure the publication of such a report in 2011. The Committee requests the Government to ensure that a copy of this report will be sent to the ILO as soon as possible and to inform the Office, in its next report on the application of the Convention, of any comments received from employers’ or workers’ organizations on the content thereof.

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

Articles 20 and 21 of the Convention. Publication and content of the annual report on labour inspection activities. The Committee notes that, in reply to its request for information on the publication of the annual inspection report, the Government indicates that the Chief Health and Safety Inspector produces the report as an internal document as a means of recording progress with the Health and Safety Inspectorate’s workplan. It adds that statistics are supplied upon request to other government departments, political authorities or any other interested parties. The Committee wishes to emphasize that, in accordance with Article 20 of the Convention, an annual general report on the work of the inspection services has to be published. As it indicated in paragraph 331 of its General Survey of 2006 on labour inspection, publication of the annual report is intended to ensure the necessary transparency with regard to the resources, activities, difficulties and results of labour inspection. This gives the social partners and the public and private bodies concerned, including non‑governmental organizations, the opportunity to better understand the work and objectives of the labour inspectorate, as well as the problems it faces, and to contribute their views as to how it can be improved. The Committee therefore hopes that the Government will not fail to take measures to ensure that full effect is given to the relevant provisions of the Convention and to keep the Office informed of any progress achieved in this respect.

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

Publication of the annual inspection report. Referring to its previous comments, the Committee notes that the annual inspection report for 2003-04 transmitted by the Government now contains the statistics required under Article 21(c) of the Convention on the number of workplaces liable to inspection and the number of workers covered. It would be grateful to the Government if it would indicate the way in which this annual report is published, in accordance with Article 20 of the Convention.

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

The Committee notes the Government’s report and the statement that the inspection reports in matters of health and safety could not be produced for 2000 and 2001 due to the reorganization of the system of data collection and analysis. It hopes that very soon inspection reports will once again be regularly published and transmitted to the Office.

With reference to its previous comments the Committee notes that the Government does not specify the date of the most recent figures pertaining to the number of workers covered by the Health and Safety (Reporting of Injuries, etc.), Order 1992 and that there are no statistics of the number of workplaces liable to labour inspection as prescribed by the Convention. As such information is essential to an assessment by the Government and the social partners and also by the Committee of the extent to which the Convention is applied, the Government is requested to take the necessary measures to ensure that such information is included in the annual inspection reports in the future, together with the other information specified by Article 21 of the Convention.

With reference to its general observation of 1999, in which it emphasized the importance of the active involvement of labour inspectors in combating child labour, the Committee would be grateful if the Government would ensure that information on the results of labour inspection in this area is regularly included in the annual inspection reports.

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

The Committee takes note of the Government’s report, the annual inspection reports for 1999 and 2000 and the text of the 1930 Act respecting the employment of women, young people and children.

The Committee notes with interest the information contained in the report for 1999 concerning the publication by the labour inspectorate of a leaflet on protection of the head on building sites, which is intended to inform all interested parties of the relevant legal requirements, and the information given in the annual report for 2000 on the publication by the labour inspectorate of three safety and health manuals concerning specifically the reporting of accidents, illnesses and dangerous situations, commuting accidents, and the methodology for drawing up a statement of policy in safety and health.

At the same time, the Committee notes that the annual reports still include no information on the number of workplaces liable to labour inspection and the number of workers employed therein (Article 21(c)) of the Convention). The Committee also notes the absence of statistics on violations and penalties imposed (point (e)). The Government is asked to take the necessary steps to ensure that such information is included in future annual inspection reports.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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, the copies of legislative texts relating to safety and health at work and the annual reports for 1997 and 1998 on inspection activities in respect of safety and health at work. It requests the Government to supply further information on the following matters.

        Article 3, paragraph 1(a), of the Convention. The Committee would be grateful if the Government would supply information concerning labour inspection structures and activities in the fields mentioned by this provision, other than safety and health at work, such as duration of work, salaries and the employment of children and young persons.

        Article 8. Noting the changes in the number of inspectors on safety and health at work, the Committee would be grateful if the Government would indicate the number and distribution by sex of labour inspectors carrying out activities in all the fields mentioned above and to specify in what way effect is given to this Article which provides, where necessary, that special duties may be assigned to men and women inspectors.

        Articles 21(c) and (d). The Committee notes that the annual inspection reports communicated to the ILO do not contain statistics on the number of workplaces liable to inspection and the total number of workers employed there. It requests the Government to take the necessary steps for this information to be included in the next annual reports.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report, the copies of legislative texts relating to safety and health at work and the annual reports for 1997 and 1998 on inspection activities in respect of safety and health at work. It requests the Government to supply further information on the following matters.

Article 3, paragraph 1(a), of the Convention. The Committee would be grateful if the Government would supply information concerning labour inspection structures and activities in the fields mentioned by this provision, other than safety and health at work, such as duration of work, salaries and the employment of children and young persons.

Article 5. Noting the changes in the number of inspectors on safety and health at work, the Committee would be grateful if the Government would indicate the number and distribution by sex of labour inspectors carrying out activities in all the fields mentioned above and to specify in what way effect is given to this Article which provides, where necessary, that special duties may be assigned to men and women inspectors.

Articles 21 (c) and (d). The Committee notes that the annual inspection reports communicated to the ILO do not contain statistics on the number of workplaces liable to inspection and the total number of workers employed there. It requests the Government to take the necessary steps for this information to be included in the next annual reports.

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

Articles 20 and 21 of the Convention. Further to its previous direct request, the Committee notes that the Department of Local Government and the Environment have been actively considering ways of producing an annual inspection report as required. It recalls that no such report has been received since that for the period ending March 1986, although the Goverment's report on the Convention indicates that regular reports on the results of inspection work were submitted to the Department in conformity with Article 19. Please indicate the measures taken to ensure compliance with the Convention in this respect, and include full information in the next report. The Committee hopes that in future the annual reports will be published and communicated in due time.

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

Articles 20 and 21, of the Convention. The Committee notes that the annual reports of the Factory and Safety Department for 1986-87 and 1987-88 have not been received. It trusts that the Government will take the necessary measures to ensure that, in future, reports containing information on all the points set out in Article 21 will be published and transmitted to the International Labour Office within the time-limits set forth in Article 20.