Labour Inspection Convention, 1947 (No. 81) - United Republic of Tanzania.Tanganyika (Ratification: 1962)

Individual Case (CAS) - Discussion: 1987, Publication: 73rd ILC session (1987)

The Government has communicated the following information:

In spite of economic difficulties, the Government has managed to compile the general report for the years 1980-85 in which the activities of Labour Inspection are clearly indicated in accordance with the requirements of Articles 20 and 21 of the Convention. The report is now with the printers. A copy of the report will be sent to the Office as soon as it is published.

In addition, the Government representative explained that the delay in sending the annual report on the work of inspection services to the Office was due to the printer, who had not passed it to him before he left for Geneva. He undertook to send the report immediately upon its arrival from the printers.

The Workers' members stressed the importance that they attached to labour inspection and to the regular sending of annual inspection reports. In this regard, they recalled the conclusion of the Committee of Experts, according to which photocopied or roneoed labour inspection reports could satisfy the requirements of the Convention when publication of such reports was causing difficulty.

The Employers' members stated that reports on the activities of labour inspection services were of special importance because they contained information on the way in which such inspection was carried out. While conscious of the difficulties facing the Government, they recalled that the Committee of Experts and the Office had proposed less costly solutions for the preparation of these reports. The Government should use one of these various possibilities so as to be able to fulfil its obligations.

The Committee noted with interest from the information supplied by the Government representative that the reports on the activities of the inspection services had been completed and would be forwarded in due course. The Committee hoped, however, that the Government would be able in the future to compile and publish regularly the labour inspection reports in line with the requirements of the Convention.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 4 and 5(a) of the Convention. Supervision and control by a central authority. Effective cooperation between inspection services. The Committee previously noted that there are two distinct inspection branches, the Occupational Safety and Health Authority (OSHA) and the Labour Administration and Inspection Section (LAIS), and requested the Government to provide information on the cooperation of the two branches and the supervision of LAIS over field structures. The Committee notes the Government’s indication that in 2006 it created a Joint Committee of Heads of Labour Department, OSHA, a Workers Compensation Fund (WCF), and a National Social Security Fund (PSSSF) for the purpose of conducting joint inspections, monitoring and evaluation on compliance of labour laws. Moreover, the Joint Committee has planned to carry out joint inspections for the financial year 2020–21 at both national and regional levels. The Government also states that a labour inspection manual is developed and published. The Committee requests the Government to provide information on the number and nature of inspection activities conducted by the Joint Committee at the national level and at the regional level. It also requests the Government to continue to provide information on the coordination between OSHA and LAIS at both the central and regional levels, including on the number of joint inspections carried out and the results achieved. It once again requests the Government to provide information on the manner in which the LAIS exercises control and supervision over the field structure of inspectors, as well as any measures taken or envisaged to strengthen communication between the central and regional offices. It also requests the Government to provide a copy of the labour inspection manual.

Article 5(b). Collaboration between labour inspectors and employers and workers or their organizations. The Committee notes the Government’s information in reply to its previous requests regarding the application in practice of sections 5(4)(c), 12(g) and 13(5) of the Act on Safety and Health at Work (OSH Act). Concerning the application of section 12(g) of the OSH Act, the Government indicates that the OSH representatives are equipped with knowledge in respect of their duties and that they participate in the entry and exit meetings during inspection. The Government also states that while information pertaining to inspection is strictly confidential, section 5(4)(c) of the OSH Act provides for administrative procedures and criteria to be met for any requested information to be provided to a OSH representative. The Government further indicates that, although section 13(5) of the OSH Act grants inspectors the power to request the holding of an OSH committee, it never happened in practice, since employers always comply with section 13(4) requiring the minimum frequency of OSH committee meetings. The Committee takes note of this information, which addresses it previous requests.

Articles 7 and 10. Number and training of inspectors. Following its previous comments, the Committee notes the Government’s indication that all labour officers are authorized to carry out inspection activities. Currently, there are 69 labour officers in the Labour Department (including 10 officers at the headquarters and 59 in the field or regional offices), decreasing from 93 labour officers in 2015-2016. In addition, there are also 92 OSH officers. The Government also states that trainings are organized under the UN Development Assistance Plan (UNDAP) – ILO project. In 2019–20, all labour officers were sensitized on decent work deficit in tobacco crop sub-sectors. Some of them also received training in Turin on decent work in the rural economy. The Committee requests the Government to provide information on reasons leading to the decrease in the number of labour officers, and on the measures taken to ensure that the number of labour inspectors is sufficient to secure the effective discharge of their duties. The Committee also requests the Government to provide information on the training provided to OSH officers, including the frequency and content of training programmes.

Article 12(1)(a). Right of inspectors to enter workplaces freely. Timing of inspections. The Committee previously requested the Government to provide information on the manner in which it ensures that labour inspectors are entitled to enter freely at any hour of the night or day in any workplace liable to inspection. The Government reiterates that section 45(1)(a) of the Labour Institutions Act provides that labour officers may enter any premises “at any reasonable time”. It also notes that section 6(1) of the OSH Act provides for the power of OSH inspectors to enter, inspect and examine any workplace by day and night. The Committee requests the Government to clarify the definition of “at any reasonable time” and to provide information on how inspectors define the timing of inspection as “reasonable”; it further requests the Government to provide information on the number of inspections, by labour officers and OSH inspectors, conducted without prior notice, and any instances in which these inspectors were denied entry at a time they deemed to be “reasonable.”.

OSH inspections. The Committee previously noted that section 5 of the OSH Act appeared to be interpreted in practice as requiring a special delegation by the Chief OSH inspector for all OSH inspections. The Committee notes the Government’s indication that, in order to facilitate the inspectors to perform their duties, they are provided with certificates of authorization and may request the assistance of police officers in the performance of their duties. Once appointed and given a certificate of authorization, an inspector continues to perform her/his duties without any further delegation from the Chief inspector. The Committee takes note of this information, which addresses its previous request.

Articles 17 and 18. Legal proceedings and effective enforcement of penalties. Following its previous comments, the Committee notes the Government’s indication that the Compounding of Offences Regulations are being finalized, which will provide for the types of contraventions and rates of fines to be charged regarding the violation of labour law provisions. The Government also states that in the financial year 2019–20, 919 compliance orders were issued to employers, and 36 employers were prosecuted before the courts for violations of the Employment and Labour Relations Act. The Committee requests the Government to continue to provide statistics of violations detected, compliance orders issued, as well as penalties imposed, cases submitted to courts and the outcome of the court proceedings. It also requests the Government to provide information on any progress made regarding the development of the Compounding of Offences Regulations, and to provide a copy once adopted.

Articles 20 and 21. Annual labour inspection reports. Following its previous comments, the Committee notes the Government’s indication that it is still working on the finalization of the register of workplaces. The Government also states that the annual labour inspection report for 2019–20 is expected to be published in the financial year 2020–21, and will be communicated to the ILO. The Committee once again requests the Government to strengthen its efforts to publish and communicate to the ILO annual labour inspection reports on a regular basis, as required by Article 20 of the Convention, including all subjects covered in Article 21(a)-(g). It requests the Government to continue to provide information on the progress made regarding the establishment of a coherent register of workplaces.

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

The Committee notes with concern 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 1, 4, 5(a), 16 and 19 of the Convention. Labour inspection system. Supervision and control by a central authority. Effective cooperation between inspection services. The Committee previously noted that, according to a 2009 needs assessment undertaken by the ILO, there are two distinct inspection branches, the Occupational Safety and Health Authority (OSHA) and the Labour Administration and Inspection Section (LAIS), each with a separate field structure. While the needs assessment noted that cooperation existed in the regional structure of the OSHA and LAIS, there is little communication between the central level and regional offices.

The Committee notes the Government’s indication, in response to its previous request, that coordination of labour inspection services in the areas of general working conditions and occupational safety and health (OSH) matters is done in terms of resources and information sharing, and the execution of joint inspection programmes. The Government states that employment and labour matters are placed under the Prime Minister’s Office and that directives have been given to the relevant inspectorate authorities in order to give effect to the coordination, collaboration and coherence of labour inspection services and activities at the central and regional levels, with a view to avoiding duplication and reducing the workload of employers subject to a number of inspections. The Committee recalls that in its 2006 General Survey, Labour inspection, it underlined that attaching the labour inspectorate to a central authority facilitates the establishment and application of a single policy throughout the country and makes it possible to use available resources in a rational way (paragraph 140) and it highlighted the need to encourage cooperation between different inspection services by the competent authority (paragraph 152). The Committee therefore requests the Government to provide further detailed information on the manner in which the labour inspection services in the areas of OSH and general working conditions are coordinated, providing information on the coordination between OSHA and LAIS at both the central and regional levels, including information on the specific directives issued and the joint inspection programmes undertaken. It further requests the Government to provide information on the manner in which the LAIS exercises control and supervision over the field structure of inspectors, as well as any measures taken or envisaged to strengthen communication between the central and regional offices.

Article 5(b). Collaboration between labour inspectors and employers and workers or their organizations. The Committee notes the Government’s indication, in reply to its request concerning the application of the OSH Act, that safety and health committees are forums for consultation and cooperation between employers, members of those committees and OSH inspectors. The Government states that such committees have a positive impact on matters related to initiating, developing, maintaining and reviewing measures to ensure the health and safety of employees at work, and prevention of occupational risks at large. The Committee once again requests further information on the application of the OSH Act in practice, particularly regarding the implementation of the right to accompany inspectors on any inspection (section 12(9)), the requirement that labour inspectors disclose relevant information to OSH representatives and committees (section 5(4)(c)), and the provision that labour inspectors may request the holding of an OSH committee (section 13(5)).

Articles 6, 7 and 10. Recruitment, conditions of service and training of inspection staff. The Committee notes the Government’s indication, in reply to the Committee’s previous request, that as of 2015–16, there were 93 labour officers (up from 71 in 2012–13), including 36 female officers. The Government states that the conditions of service and recruitment of labour officers are governed by public service laws and regulations, that they are recruited from a number of different disciplines, and that an initial training on labour administration and inspection, as well as the ethics of public service, is given upon appointment. The Government provides information on the structure and grades of labour officers, indicating that promotion is subject to educational requirements, experience, performance and budgetary considerations. The Committee requests the Government to continue to provide information on the number of labour inspectors, specifically indicating the number of labour officers performing labour inspection functions, as well as the number of OSH inspectors. The Committee also requests that the Government provide information on ongoing efforts to improve training of inspection staff, including through the ongoing UN Development Assistance Plan (UNDAP)–ILO project “Enhancing implementation of labour standards in an effort to promote decent work and productivity benefits for employers and workers in the United Republic of Tanzania”.

Articles 11 and 16. Labour inspection resources and sufficient number of labour inspection visits. The Committee notes the information provided by the Government, in reply to its previous request, that in the 2015–16 period, 2,368 labour inspection visits were conducted. The Committee also notes the Government’s statement that it is coordinating inspection visits with a view to avoiding duplication and reducing the workload of employers subject to a number of inspections. Recalling that, in accordance with Article 16 of the Convention, workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee requests the Government to continue to provide information on the number of labour inspections undertaken, distinguishing between the number of inspections undertaken by the LAIS and the OSHA, as well as distinguishing between routine, follow-up and reactive inspections. It also requests the Government to provide information regarding the number of workplaces liable to inspection and the number of workers employed therein. Lastly, the Committee once again requests that the Government provide detailed information regarding the material and logistical resource situation throughout the territorial structures of the LAIS and OSHA.

Article 12(1)(a). Right of inspectors to enter workplaces freely. Timing of inspections. The Committee previously requested that the Government indicate how it is ensured that labour inspectors, who, pursuant to section 45(1)(a) of the Labour Institutions Act, No. 7 of 2004, may enter any premises “at any reasonable time”, are clearly entitled to decide whether the timing of a visit is reasonable. It noted in this respect the Government’s previous indication that guidelines on labour inspection had been drafted to this end, which were awaiting tripartite consultation before submission to the Minister for approval. Noting an absence of information in this respect, but taking into consideration the developments described below concerning inspections undertaken without previous notice, the Committee once again requests the Government to provide information on the manner in which it ensures that labour inspectors are entitled to enter freely at any hour of the night or day any workplace liable to inspection, including any guidelines developed on this subject.

OSH inspections. The Committee previously noted that, according to the 2009 audit, section 5 of the Occupational Health and Safety Act of 2003 appeared to be interpreted in practice as requiring a special delegation by the Chief OSH inspector for all OSH inspections. The Committee requests the Government to provide information on whether, in practice, OSH inspectors require delegation by the Chief OSH inspector prior to undertaking an inspection.

Previous notice. The Committee previously noted that, according to the 2009 audit, despite legislative conformity with the Convention, routine inspections are usually announced in advance to employers. In this respect, the Committee notes with interest the Government’s indication that out of 2,368 labour inspections conducted in 2015–16, 2,345 were conducted without prior notice being given to employers (approximately 99 per cent of all inspections).

Articles 17 and 18. Legal proceedings and effective enforcement of penalties. The Committee previously noted that labour inspectors were only able to apply administrative sanctions when infringements were observed in limited situations (in the event of repeated non-compliance with an order to stop work or prohibit the use of certain hazardous equipment, on the condition that employers sign a document admitting the infraction). It noted that labour law violations have to be brought to the courts in accordance with the relevant procedure in case of infractions, and that labour inspectors must receive special certification from the Directorate of Public Prosecutions in order to prosecute a violation before the courts.

The Committee notes the Government’s indication that the Employment and Labour Relations Act No. 6 of 2004 and the Labour Institutions Act No. 7 of 2004 have been amended to introduce administrative sanctions to be applied by labour officers in case of contraventions of provisions of the labour laws, and that regulations are being prepared to give effect to this. In this respect, the Committee notes with interest the 2016 amendment of the Labour Institutions Act, inserting section 45A, which provides that a labour officer may, if satisfied that any person has not complied with any provision of the labour laws or regulations made under the Act, by order, compound such offences by requiring such person to make a payment of not less than 100,000 Tanzanian shillings (approximately US$43). The Committee also notes the indication in the Government’s report that a total number of 504 compliance orders were issued in 2015–16, that 19 employers were prosecuted, and that cooperation between the Labour Court, the Department of Labour and the social partners has deepened through performance evaluation meetings held by the Labour Court. The Committee requests the Government to provide information on the application in practice of section 45A of the Labour Institutions Act (as amended), indicating the number and value of fines applied by labour inspectors under this provision. The Committee also requests that the Government continue to provide statistics of violations reported, compliance orders issued and the penalties imposed as well as information regarding measures to strengthen cooperation between judicial authorities and the labour inspectorate.

Articles 20 and 21. Annual labour inspection reports. The Committee previously noted from the 2009 audit that the compilation of an annual report seemed to be conditional on availability of external funds, that tools for the systematic compilation of statistics did not seem to be in place, and that an updated register of workplaces was not yet available at the central level.

The Committee notes the Government’s indication, in reply to the Committee’s request, that annual inspection reports for 2011–12 and 2013–14 were prepared under the auspices of UNDAP and the ILO Country Office, and that measures are being taken to prepare the report for the 2015–16 period, which will be communicated to the Office. The Committee also notes the Government’s indication that the establishment of a coherent register of workplaces is not complete, but that the determination of workplaces liable to inspection is facilitated by the availability of a central register of establishments of the National Bureau of Statistics and information concerning registered employers and businesses with the Social Security Funds, the Tanzania Revenue Authority and the Business Registration and Licensing Authority. The Committee requests that the Government strengthen its efforts to publish and communicate to the ILO annual labour inspection reports on a regular basis (Articles 20 and 21 of the Convention), including all subjects covered in Article 21(a)–(g). It requests the Government to provide information on the measures taken for this purpose, including the updating of a register of workplaces.

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

The Committee notes 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 1, 4, 5(a), 16 and 19 of the Convention. Labour inspection system. Supervision and control by a central authority. Effective cooperation between inspection services. The Committee previously noted that, according to a 2009 needs assessment undertaken by the ILO, there are two distinct inspection branches, the Occupational Safety and Health Authority (OSHA) and the Labour Administration and Inspection Section (LAIS), each with a separate field structure. While the needs assessment noted that cooperation existed in the regional structure of the OSHA and LAIS, there is little communication between the central level and regional offices.

The Committee notes the Government’s indication, in response to its previous request, that coordination of labour inspection services in the areas of general working conditions and occupational safety and health (OSH) matters is done in terms of resources and information sharing, and the execution of joint inspection programmes. The Government states that employment and labour matters are placed under the Prime Minister’s Office and that directives have been given to the relevant inspectorate authorities in order to give effect to the coordination, collaboration and coherence of labour inspection services and activities at the central and regional levels, with a view to avoiding duplication and reducing the workload of employers subject to a number of inspections. The Committee recalls that in its 2006 General Survey, Labour inspection, it underlined that attaching the labour inspectorate to a central authority facilitates the establishment and application of a single policy throughout the country and makes it possible to use available resources in a rational way (paragraph 140) and it highlighted the need to encourage cooperation between different inspection services by the competent authority (paragraph 152). The Committee therefore requests the Government to provide further detailed information on the manner in which the labour inspection services in the areas of OSH and general working conditions are coordinated, providing information on the coordination between OSHA and LAIS at both the central and regional levels, including information on the specific directives issued and the joint inspection programmes undertaken. It further requests the Government to provide information on the manner in which the LAIS exercises control and supervision over the field structure of inspectors, as well as any measures taken or envisaged to strengthen communication between the central and regional offices.

Article 5(b). Collaboration between labour inspectors and employers and workers or their organizations. The Committee notes the Government’s indication, in reply to its request concerning the application of the OSH Act, that safety and health committees are forums for consultation and cooperation between employers, members of those committees and OSH inspectors. The Government states that such committees have a positive impact on matters related to initiating, developing, maintaining and reviewing measures to ensure the health and safety of employees at work, and prevention of occupational risks at large. The Committee once again requests further information on the application of the OSH Act in practice, particularly regarding the implementation of the right to accompany inspectors on any inspection (section 12(9)), the requirement that labour inspectors disclose relevant information to OSH representatives and committees (section 5(4)(c)), and the provision that labour inspectors may request the holding of an OSH committee (section 13(5)).

Articles 6, 7 and 10. Recruitment, conditions of service and training of inspection staff. The Committee notes the Government’s indication, in reply to the Committee’s previous request, that as of 2015–16, there were 93 labour officers (up from 71 in 2012–13), including 36 female officers. The Government states that the conditions of service and recruitment of labour officers are governed by public service laws and regulations, that they are recruited from a number of different disciplines, and that an initial training on labour administration and inspection, as well as the ethics of public service, is given upon appointment. The Government provides information on the structure and grades of labour officers, indicating that promotion is subject to educational requirements, experience, performance and budgetary considerations. The Committee requests the Government to continue to provide information on the number of labour inspectors, specifically indicating the number of labour officers performing labour inspection functions, as well as the number of OSH inspectors. The Committee also requests that the Government provide information on ongoing efforts to improve training of inspection staff, including through the ongoing UN Development Assistance Plan (UNDAP)–ILO project “Enhancing implementation of labour standards in an effort to promote decent work and productivity benefits for employers and workers in the United Republic of Tanzania”.

Articles 11 and 16. Labour inspection resources and sufficient number of labour inspection visits. The Committee notes the information provided by the Government, in reply to its previous request, that in the 2015–16 period, 2,368 labour inspection visits were conducted. The Committee also notes the Government’s statement that it is coordinating inspection visits with a view to avoiding duplication and reducing the workload of employers subject to a number of inspections. Recalling that, in accordance with Article 16 of the Convention, workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee requests the Government to continue to provide information on the number of labour inspections undertaken, distinguishing between the number of inspections undertaken by the LAIS and the OSHA, as well as distinguishing between routine, follow-up and reactive inspections. It also requests the Government to provide information regarding the number of workplaces liable to inspection and the number of workers employed therein. Lastly, the Committee once again requests that the Government provide detailed information regarding the material and logistical resource situation throughout the territorial structures of the LAIS and OSHA.

Article 12(1)(a). Right of inspectors to enter workplaces freely. Timing of inspections. The Committee previously requested that the Government indicate how it is ensured that labour inspectors, who, pursuant to section 45(1)(a) of the Labour Institutions Act, No. 7 of 2004, may enter any premises “at any reasonable time”, are clearly entitled to decide whether the timing of a visit is reasonable. It noted in this respect the Government’s previous indication that guidelines on labour inspection had been drafted to this end, which were awaiting tripartite consultation before submission to the Minister for approval. Noting an absence of information in this respect, but taking into consideration the developments described below concerning inspections undertaken without previous notice, the Committee once again requests the Government to provide information on the manner in which it ensures that labour inspectors are entitled to enter freely at any hour of the night or day any workplace liable to inspection, including any guidelines developed on this subject.

OSH inspections. The Committee previously noted that, according to the 2009 audit, section 5 of the Occupational Health and Safety Act of 2003 appeared to be interpreted in practice as requiring a special delegation by the Chief OSH inspector for all OSH inspections. The Committee requests the Government to provide information on whether, in practice, OSH inspectors require delegation by the Chief OSH inspector prior to undertaking an inspection.

Previous notice. The Committee previously noted that, according to the 2009 audit, despite legislative conformity with the Convention, routine inspections are usually announced in advance to employers. In this respect, the Committee notes with interest the Government’s indication that out of 2,368 labour inspections conducted in 2015–16, 2,345 were conducted without prior notice being given to employers (approximately 99 per cent of all inspections).

Articles 17 and 18. Legal proceedings and effective enforcement of penalties. The Committee previously noted that labour inspectors were only able to apply administrative sanctions when infringements were observed in limited situations (in the event of repeated non-compliance with an order to stop work or prohibit the use of certain hazardous equipment, on the condition that employers sign a document admitting the infraction). It noted that labour law violations have to be brought to the courts in accordance with the relevant procedure in case of infractions, and that labour inspectors must receive special certification from the Directorate of Public Prosecutions in order to prosecute a violation before the courts.

The Committee notes the Government’s indication that the Employment and Labour Relations Act No. 6 of 2004 and the Labour Institutions Act No. 7 of 2004 have been amended to introduce administrative sanctions to be applied by labour officers in case of contraventions of provisions of the labour laws, and that regulations are being prepared to give effect to this. In this respect, the Committee notes with interest the 2016 amendment of the Labour Institutions Act, inserting section 45A, which provides that a labour officer may, if satisfied that any person has not complied with any provision of the labour laws or regulations made under the Act, by order, compound such offences by requiring such person to make a payment of not less than 100,000 Tanzanian shillings (approximately US$43). The Committee also notes the indication in the Government’s report that a total number of 504 compliance orders were issued in 2015–16, that 19 employers were prosecuted, and that cooperation between the Labour Court, the Department of Labour and the social partners has deepened through performance evaluation meetings held by the Labour Court. The Committee requests the Government to provide information on the application in practice of section 45A of the Labour Institutions Act (as amended), indicating the number and value of fines applied by labour inspectors under this provision. The Committee also requests that the Government continue to provide statistics of violations reported, compliance orders issued and the penalties imposed as well as information regarding measures to strengthen cooperation between judicial authorities and the labour inspectorate.

Articles 20 and 21. Annual labour inspection reports. The Committee previously noted from the 2009 audit that the compilation of an annual report seemed to be conditional on availability of external funds, that tools for the systematic compilation of statistics did not seem to be in place, and that an updated register of workplaces was not yet available at the central level.

The Committee notes the Government’s indication, in reply to the Committee’s request, that annual inspection reports for 2011–12 and 2013–14 were prepared under the auspices of UNDAP and the ILO Country Office, and that measures are being taken to prepare the report for the 2015–16 period, which will be communicated to the Office. The Committee also notes the Government’s indication that the establishment of a coherent register of workplaces is not complete, but that the determination of workplaces liable to inspection is facilitated by the availability of a central register of establishments of the National Bureau of Statistics and information concerning registered employers and businesses with the Social Security Funds, the Tanzania Revenue Authority and the Business Registration and Licensing Authority. The Committee requests that the Government strengthen its efforts to publish and communicate to the ILO annual labour inspection reports on a regular basis (Articles 20 and 21 of the Convention), including all subjects covered in Article 21(a)–(g). It requests the Government to provide information on the measures taken for this purpose, including the updating of a register of workplaces.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1, 4, 5(a), 16 and 19 of the Convention. Labour inspection system. Supervision and control by a central authority. Effective cooperation between inspection services. The Committee previously noted that, according to a 2009 needs assessment undertaken by the ILO, there are two distinct inspection branches, the Occupational Safety and Health Authority (OSHA) and the Labour Administration and Inspection Section (LAIS), each with a separate field structure. While the needs assessment noted that cooperation existed in the regional structure of the OSHA and LAIS, there is little communication between the central level and regional offices.

The Committee notes the Government’s indication, in response to its previous request, that coordination of labour inspection services in the areas of general working conditions and occupational safety and health (OSH) matters is done in terms of resources and information sharing, and the execution of joint inspection programmes. The Government states that employment and labour matters are placed under the Prime Minister’s Office and that directives have been given to the relevant inspectorate authorities in order to give effect to the coordination, collaboration and coherence of labour inspection services and activities at the central and regional levels, with a view to avoiding duplication and reducing the workload of employers subject to a number of inspections. The Committee recalls that in its 2006 General Survey, Labour inspection, it underlined that attaching the labour inspectorate to a central authority facilitates the establishment and application of a single policy throughout the country and makes it possible to use available resources in a rational way (paragraph 140) and it highlighted the need to encourage cooperation between different inspection services by the competent authority (paragraph 152). The Committee therefore requests the Government to provide further detailed information on the manner in which the labour inspection services in the areas of OSH and general working conditions are coordinated, providing information on the coordination between OSHA and LAIS at both the central and regional levels, including information on the specific directives issued and the joint inspection programmes undertaken. It further requests the Government to provide information on the manner in which the LAIS exercises control and supervision over the field structure of inspectors, as well as any measures taken or envisaged to strengthen communication between the central and regional offices.

Article 5(b). Collaboration between labour inspectors and employers and workers or their organizations. The Committee notes the Government’s indication, in reply to its request concerning the application of the OSH Act, that safety and health committees are forums for consultation and cooperation between employers, members of those committees and OSH inspectors. The Government states that such committees have a positive impact on matters related to initiating, developing, maintaining and reviewing measures to ensure the health and safety of employees at work, and prevention of occupational risks at large. The Committee once again requests further information on the application of the OSH Act in practice, particularly regarding the implementation of the right to accompany inspectors on any inspection (section 12(9)), the requirement that labour inspectors disclose relevant information to OSH representatives and committees (section 5(4)(c)), and the provision that labour inspectors may request the holding of an OSH committee (section 13(5)).

Articles 6, 7 and 10. Recruitment, conditions of service and training of inspection staff. The Committee notes the Government’s indication, in reply to the Committee’s previous request, that as of 2015–16, there were 93 labour officers (up from 71 in 2012–13), including 36 female officers. The Government states that the conditions of service and recruitment of labour officers are governed by public service laws and regulations, that they are recruited from a number of different disciplines, and that an initial training on labour administration and inspection, as well as the ethics of public service, is given upon appointment. The Government provides information on the structure and grades of labour officers, indicating that promotion is subject to educational requirements, experience, performance and budgetary considerations. The Committee requests the Government to continue to provide information on the number of labour inspectors, specifically indicating the number of labour officers performing labour inspection functions, as well as the number of OSH inspectors. The Committee also requests that the Government provide information on ongoing efforts to improve training of inspection staff, including through the ongoing UN Development Assistance Plan (UNDAP)–ILO project “Enhancing implementation of labour standards in an effort to promote decent work and productivity benefits for employers and workers in the United Republic of Tanzania”.

Articles 11 and 16. Labour inspection resources and sufficient number of labour inspection visits. The Committee notes the information provided by the Government, in reply to its previous request, that in the 2015–16 period, 2,368 labour inspection visits were conducted. The Committee also notes the Government’s statement that it is coordinating inspection visits with a view to avoiding duplication and reducing the workload of employers subject to a number of inspections. Recalling that, in accordance with Article 16 of the Convention, workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, the Committee requests the Government to continue to provide information on the number of labour inspections undertaken, distinguishing between the number of inspections undertaken by the LAIS and the OSHA, as well as distinguishing between routine, follow-up and reactive inspections. It also requests the Government to provide information regarding the number of workplaces liable to inspection and the number of workers employed therein. Lastly, the Committee once again requests that the Government provide detailed information regarding the material and logistical resource situation throughout the territorial structures of the LAIS and OSHA.

Article 12(1)(a). Right of inspectors to enter workplaces freely. Timing of inspections. The Committee previously requested that the Government indicate how it is ensured that labour inspectors, who, pursuant to section 45(1)(a) of the Labour Institutions Act, No. 7 of 2004, may enter any premises “at any reasonable time”, are clearly entitled to decide whether the timing of a visit is reasonable. It noted in this respect the Government’s previous indication that guidelines on labour inspection had been drafted to this end, which were awaiting tripartite consultation before submission to the Minister for approval. Noting an absence of information in this respect, but taking into consideration the developments described below concerning inspections undertaken without previous notice, the Committee once again requests the Government to provide information on the manner in which it ensures that labour inspectors are entitled to enter freely at any hour of the night or day any workplace liable to inspection, including any guidelines developed on this subject.

OSH inspections. The Committee previously noted that, according to the 2009 audit, section 5 of the Occupational Health and Safety Act of 2003 appeared to be interpreted in practice as requiring a special delegation by the Chief OSH inspector for all OSH inspections. The Committee requests the Government to provide information on whether, in practice, OSH inspectors require delegation by the Chief OSH inspector prior to undertaking an inspection.

Previous notice. The Committee previously noted that, according to the 2009 audit, despite legislative conformity with the Convention, routine inspections are usually announced in advance to employers. In this respect, the Committee notes with interest the Government’s indication that out of 2,368 labour inspections conducted in 2015–16, 2,345 were conducted without prior notice being given to employers (approximately 99 per cent of all inspections).

Articles 17 and 18. Legal proceedings and effective enforcement of penalties. The Committee previously noted that labour inspectors were only able to apply administrative sanctions when infringements were observed in limited situations (in the event of repeated non-compliance with an order to stop work or prohibit the use of certain hazardous equipment, on the condition that employers sign a document admitting the infraction). It noted that labour law violations have to be brought to the courts in accordance with the relevant procedure in case of infractions, and that labour inspectors must receive special certification from the Directorate of Public Prosecutions in order to prosecute a violation before the courts.

The Committee notes the Government’s indication that the Employment and Labour Relations Act No. 6 of 2004 and the Labour Institutions Act No. 7 of 2004 have been amended to introduce administrative sanctions to be applied by labour officers in case of contraventions of provisions of the labour laws, and that regulations are being prepared to give effect to this. In this respect, the Committee notes with interest the 2016 amendment of the Labour Institutions Act, inserting section 45A, which provides that a labour officer may, if satisfied that any person has not complied with any provision of the labour laws or regulations made under the Act, by order, compound such offences by requiring such person to make a payment of not less than 100,000 Tanzanian shillings (approximately US$43). The Committee also notes the indication in the Government’s report that a total number of 504 compliance orders were issued in 2015–16, that 19 employers were prosecuted, and that cooperation between the Labour Court, the Department of Labour and the social partners has deepened through performance evaluation meetings held by the Labour Court. The Committee requests the Government to provide information on the application in practice of section 45A of the Labour Institutions Act (as amended), indicating the number and value of fines applied by labour inspectors under this provision. The Committee also requests that the Government continue to provide statistics of violations reported, compliance orders issued and the penalties imposed as well as information regarding measures to strengthen cooperation between judicial authorities and the labour inspectorate.

Articles 20 and 21. Annual labour inspection reports. The Committee previously noted from the 2009 audit that the compilation of an annual report seemed to be conditional on availability of external funds, that tools for the systematic compilation of statistics did not seem to be in place, and that an updated register of workplaces was not yet available at the central level.

The Committee notes the Government’s indication, in reply to the Committee’s request, that annual inspection reports for 2011–12 and 2013–14 were prepared under the auspices of UNDAP and the ILO Country Office, and that measures are being taken to prepare the report for the 2015–16 period, which will be communicated to the Office. The Committee also notes the Government’s indication that the establishment of a coherent register of workplaces is not complete, but that the determination of workplaces liable to inspection is facilitated by the availability of a central register of establishments of the National Bureau of Statistics and information concerning registered employers and businesses with the Social Security Funds, the Tanzania Revenue Authority and the Business Registration and Licensing Authority. The Committee requests that the Government strengthen its efforts to publish and communicate to the ILO annual labour inspection reports on a regular basis (Articles 20 and 21 of the Convention), including all subjects covered in Article 21(a)–(g). It requests the Government to provide information on the measures taken for this purpose, including the updating of a register of workplaces.

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

Tanganyika (ratification: 1962)

Referring to its observation, the Committee would like to raise the following additional points.

Articles 1, 4, 5(a), 16 and 19 of the Convention. Labour inspection system. Supervision and control by a central authority. Effective cooperation between inspection services. The Committee notes from the audit referred to in its observation (2009 needs assessment), that the Ministry of Labour and Employment encompasses two distinct inspection branches, the Occupational Safety and Health Authority (OSHA), a semi-autonomous body responsible for supervision of occupational safety and health (OSH) legislation in the field of OSH, and the Labour Administration and Inspection Section (LAIS) within the Labour Department, responsible for supervision of legislation in the field of general working conditions. Both branches dispose of a separate field structure. The Committee observes from the same assessment, that the LAIS within the Labour Department operates as a central authority on behalf of its decentralized structures. However, as it appears from the information in the 2009 needs assessment, communication between the central authority and the staff in the regions and districts is rare and no joint meetings are held at the central or regional level. Furthermore, the LAIS does not provide guidance for the planning of inspections, nor do the regional offices regularly report back to the central level, which would allow for data to be analysed and compiled at the central level to improve coordination and planning of inspection activities.

The Committee also notes from the 2009 needs assessment, that there is little communication between the central level and regional offices of the OSHA and no meetings are held. However, according to the audit, cooperation exists in the regional structures of the LAIS and the OSHA, in the form of joint inspections and exchange of information, where labour inspectors of these services share the same premises. The Committee has highlighted, in paragraph 140 of its 2006 General Survey on labour inspection that attaching the labour inspectorate to a central authority facilitates the establishment and application of a single policy throughout the country and makes it possible to use available resources in a rational way. Regarding cooperation between inspection services, the Committee also underlines the need to encourage cooperation between different inspection services by the competent authority (General Survey on labour inspection, paragraph 152), and highlights the designation of a central labour inspection authority as a prerequisite for coordination with a view to achieving clearly defined objectives and increased cohesion between mechanisms for cooperation and collaboration with other public and private bodies and institutions, and with the employers and workers and their organizations. Emphasizing once again the importance of placing the labour inspection services under the supervision and control of a central authority, the Committee requests the Government to elaborate on the manner in which the labour inspection services in the area of OSH and general working conditions are coordinated, so as to ensure a degree of cohesion and the application of a single inspection policy. It also asks the Government to provide a general appreciation of the operation of the central authority in the abovementioned sense and to provide information on measures taken with a view to strengthening the central labour inspection authority and to provide for the collaboration between the OSHA and the LAIS at the central and regional level.

Article 5(b). Collaboration between labour inspectors and employers and workers or their organizations. The Committee notes the copies of the 2003 OSH Act and of the 2004 Employment and Labour Relations Act, provided by the Government in response to the Committee’s previous request. It notes from the OSH Act that OSH representatives have the right to accompany inspectors on any inspection (section 12, al. (9)) and that labour inspectors have to disclose relevant information to OSH representatives and committees, inasmuch as they are entitled to obtain this information (section 5, paragraph 4, al. (c)). It also notes that labour inspectors may request the holding of an OSH committee (section 13, paragraph 5). The Committee requests the Government to provide information on the application of the abovementioned provisions of the OSH Act in practice, and to elaborate on their impact on both, the application of labour and social security legislation and risk prevention in the workplace.

Articles 6, 7 and 10. Recruitment, conditions of service and training of inspection staff. The Committee notes from the Government’s report that there are currently 71 labour officers working within the labour inspection services, that seven labour officers were recruited for 2011–12, and that in 2009 and 2010, a number of labour officers were promoted to higher grades. It also notes from the Government’s report that labour officers were trained within the USDOL–ILO project on strengthening the institutional capacity for labour administration and inspection in the country and on the ILO global modules in that area, thus better equipping them with skills, competencies and modern ways of organization techniques for conducting inspections and reporting issues in relation to labour inspection. The Committee notes the recommendation in the needs assessment that the recruitment system of labour officers needs to be strengthened by including technical criteria in job descriptions. The Committee requests the Government to continue to provide information on the number of labour inspectors working within the structures of the labour inspection services and to provide more detailed information on status, conditions of service and recruitment of labour inspectors, as well as on initial and continuous training provided to them. It also asks the Government to specify how it ensures that job descriptions for labour inspectors’ posts reflect the specific requirements of the position.

Articles 11 and 16. Labour inspection resources. The Committee notes form the Government’s report in response to its previous request, that the provision of motor vehicles to field labour offices had enabled them to improve quantitative and qualitative aspects of inspections in terms of coverage and efficiency. The Committee would be grateful if the Government would provide in its next report statistics on inspections conducted. It asks the Government to provide detailed information on the material and logistical resource situation throughout the territorial structures of the LAIS and OSHA.

Articles 17 and 18. Legal proceedings and effective enforcement of penalties. The Committee observes from the 2009 needs assessment that in the event of repeated non-compliance with an order to stop work or prohibit the use of certain hazardous equipment, the labour inspectorate has the option of levying an administrative fine, which can however only be issued on the condition that employers sign a document admitting the infraction. Other than that, there are no intermediate administrative sanctions that can be applied directly by labour inspectors in the case of observed infringements of labour law provisions. While in practice the Labour Commissioner is ultimately responsible for ensuring compliance with an inspection order, labour law violations have to be brought to the courts in accordance with the relevant procedure in case of infractions, and labour inspectors must receive special certification from the Directorate of Public Prosecutions in order to prosecute a violation before the courts. The Committee further observes from the assessment that, upon the expiry of the deadlines set in a compliance order, in many cases no further action is taken to enforce the order. The Committee wishes to recall that the credibility of any inspectorate depends on its ability to advise, but also on the existence and implementation of a sufficiently dissuasive enforcement mechanism (2006 General Survey on labour inspection, paragraph 280). Penalties should be prescribed to punish violations of legal provisions relating to conditions of work and protection of workers, and they must also be effectively enforced (paragraph 303). The Committee asks the Government to provide the Office with statistics of violations reported, compliance orders issued and the penalties imposed.

It asks the Government to provide information on any measures taken or envisaged with a view to enhancing the effectiveness of the labour law enforcement mechanisms, including improved cooperation with the courts, and the introduction of administrative sanctions to be directly applied by labour inspectors.

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

Tanganyika (ratification: 1962)

The Committee notes with interest that the Government received ILO technical assistance in the form of a labour administration and inspection needs assessment (2009 needs assessment, which was conducted in 2009 and subsequently discussed with the Government in 2010), and that the recommendations contained therein correspond to a large extent to the Committee’s previous comments made on the application of the Convention. It also notes that, following this audit, ILO assistance was provided, which focused, inter alia, on the training of labour inspectors and the establishment of annual labour inspection reports.

Articles 12(1)(a) and 15 of the Convention. Right of inspectors to enter workplaces freely. Timing of inspections. Confidentiality of complaints. The Committee previously requested the Government to inform how it is ensured that labour inspectors who, pursuant to section 45(1)(a) of the Labour Institutions Act, No. 7 of 2004, may enter any premises “at any reasonable time”, are clearly entitled to decide whether the timing of a visit is reasonable. In this context, the Committee previously noted that the Government had given examples which suggested that inspection generally took place only during working hours. The Committee notes that the Government reaffirms its commitment to ensure that labour officers are free to decide on the timing of their visits, taking into account the nature of the work and the conditions in which it is done. The Government adds that guidelines on labour inspection have been drafted to this end, which are awaiting tripartite consultation before being submitted to the Minister for approval, and that labour inspectors have received training in this respect in the framework of ILO projects, devoted to modern ways of organizing and conducting labour inspection visits.

In addition, the Committee notes from the 2009 audit that section 5 of the Occupational Health and Safety Act of 2003 appears to be interpreted in practice as to require a special delegation by the Chief OSH inspector for all OSH inspections. Moreover, it observes from the audit that even if the relevant national legislation is in conformity with the Convention, routine inspections are usually announced in advance to employers. The Committee recalls that Article 12(1)(a) of the Convention provides that labour inspectors shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. The Committee also indicates that it has emphasized, in paragraph 263 of its 2006 General Survey on labour inspection, that 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. The Committee requests the Government to provide further examples of how effect is given in practice to labour inspectors’ rights set out in Article 12(1)(a) of the Convention, and to clarify the nature of the involvement of the hierarchical superiors of labour inspectors in the different stages of inspections. The Committee would be grateful if the Government would provide the Office with a copy of the abovementioned guidelines on labour inspection, once they have been approved. The Committee asks the Government to provide information on the proportion of unannounced and announced inspection visits and to provide information on any measures taken or envisaged to discontinue the practice of regularly informing employers in advance about inspections visits, in accordance with the recommendations made in the 2009 audit.

It also wishes to receive more information on the content and frequency of the training on inspection procedures, including on conducting labour inspection visits, and to provide a general appreciation of the impact of this training on the manner in which inspection visits are conducted, thereby giving effect to the principles set out in Article 12 of the Convention.

Articles 20 and 21. Annual labour inspection reports. The Committee notes the Government’s indications that the US Department of Labor (USDOL)–ILO project on improving labour law compliance paved the way for an annual inspection report, and that the annual inspection report for the financial year 2011–12 is available on the Ministry of Labour and Employment’s (MLE) website. However, the Committee is unable to locate this report on the MLE’s website. It further notes from the report that it has not been possible to determine the exact number of workplaces liable to inspection yet, but that relevant measures are being taken in the framework of the United Nations Development Assistance Programme (UNDAP). It also observes from the 2009 audit that the compilation of an annual report seems to be conditioned by the availability of external funds, that tools for the systematic compilation of statistics do not seem to be in place, and that an updated register of workplaces is not yet available at central level. It therefore expresses the firm hope that, with the help of further technical assistance, the Government will be able to make available a report that contains the information and statistics requested under Article 21(a)–(g) of the Convention so as to provide the national authorities with the data to assess and improve the effectiveness of the labour inspection services.

Recalling that copies of annual reports have not been received by the Office for more than 20 years, the Committee requests the Government to make every effort to allow the central labour authority to publish and communicate to the ILO annual labour inspection reports on a regular basis (Articles 20 and 21 of the Convention), and to indicate the measures taken for this purpose, including the steps taken to obtain further technical assistance for the establishment and regular updating of a register of workplaces that would allow for the determination of the exact number of workers employed in workplaces liable to inspection.

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

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

With reference to its observation, the Committee wishes to draw the Government’s attention to the following additional points.

Article 5(b) of the Convention. Collaboration between labour inspectors and employers and workers or their organizations. The Committee notes with interest that, according to the Government, the Employment and Labour Relations Act, No. 6 of 2004 aims to strengthen collaboration between the trade unions and the labour inspectorate through participation of union representatives in the application of labour laws and also in the application of safety and health legislation (section 62(1)(b) and (4)). Furthermore, sections 11 and 12 of the Occupational Health and Safety Act No. 5 of 2003 provide for the appointment of OSH representatives at the workplace as a preventive measure. The Committee requests the Government to send copies of these laws to the ILO and supply information on their application in practice and their impact on both the application of labour and social security legislation and risk prevention in the workplace.

Articles 6 and 7. Status, conditions of service, recruitment and training of inspection staff. The Committee notes with interest that, according to the Government, the training of labour officers is a priority, that 92 labour officers were trained in 2009–10 and that training is also provided for under the project to improve application of the Labour Code. It also notes that the training of inspectors responsible for the enforcement of OSH provisions is under way, particularly covering specialist fields such as chemical hazards, boilers, lifting equipment and ergonomics. The Committee requests the Government to supply information on the impact of this training on the working of the labour inspectorate, including statistical data provided for by Articles 20 and 21 of the Convention. It also requests the Government to supply information on the status, conditions of service and recruitment of inspection staff.

Article 11. Labour inspection resources. The Committee notes the indication that nine vehicles were purchased with the assistance of a technical cooperation programme and will be distributed to certain offices to improve labour inspection. The Committee requests the Government to continue to supply information on the material and logistical resources made available to labour officers and inspectors in the field of occupational safety and health for the performance of their duties and also on the impact of these resources on the number and effectiveness of inspections.

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

Articles 10, 20 and 21 of the Convention. Labour inspection staff and annual report on their work. The Committee notes that, according to the Government, despite the fact that the labour inspectorate had inadequate human resources owing to resignations, retirements and financial constraints regarding the recruitment and retention of staff, 26 new labour officers were appointed in 2009 to make a total of 92. The Government also indicates that steps have been taken to keep a register of workplaces in collaboration with employers’ and workers’ organizations, ministries and public agencies, and also non governmental organizations, but that it is nevertheless facing certain difficulties in determining the exact number of workers employed therein. The Government considers that technical assistance from the Office might be important in this sphere. The Committee notes the favourable reception from the Government with regard to its proposal for technical assistance in the context of preparation and publication of the labour inspectorate’s annual report. The Committee requests the Government to supply information on the steps taken to obtain the technical assistance of the Office and also on the results thereof once it has been provided, including with regard to determining the exact number of workers employed in these workplaces.

Article 12(1)(a). Right of inspectors to enter workplaces freely. Timing of inspections. The Committee notes the Government’s indication that the expression “at any reasonable time” means at any time of the day or night that the inspector deems suitable for undertaking an inspection in view of the nature of the work and the conditions in which it is done. The Government gives the example of casinos and bars where it is not convenient to undertake an inspection during the day, which suggests that inspections generally take place during working hours. The Committee recalls that, as indicated in paragraph 270 of the 2006 General Survey, the protection of workers and the technical requirements of inspection should be the primordial criteria for determining the appropriate timing of visits, for example, to check for violations such as abusive night work conditions in a workplace officially operating during the daytime, or to carry out technical inspections requiring machinery or production processes to be stopped. It should be for the inspector to decide whether a visit is reasonable – obviously, inspections should only be carried out at night or outside working hours where this is warranted. The Committee requests the Government to indicate the steps taken or contemplated to ensure that labour inspectors can enter freely at any hour of the day or night any workplace liable to inspection and that they have a clear entitlement to decide whether the timing of the visit is reasonable.

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

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:

The Committee refers the Government to its observation and, in view of the recent adoption of the 2003 Occupational Health and Safety Act and the 2004 Labour Institutions Act, it asks the Government in its next report to send any texts issued under these Acts regarding labour inspection and to provide information on the following points.

Article 5(b) of the Convention. Collaboration between labour inspectors and employers and workers or their organizations. Emphasizing the importance for the operation of the labour inspectorate of collaboration with the social partners, the Committee draws the Government’s attention to Part II of the Labour Inspection Recommendation, 1947 (No. 81), and requests it to indicate how effect is given to the above provision of the Convention, in terms of supervising application of the legislation both on conditions of work and on occupational health and safety.

Articles 6 and 7. Status, conditions of service, recruitment and training of inspection staff. The Committee would be grateful if the Government would provide information on these subjects, particularly on the content of the training of inspectors responsible for supervising application of the health and safety prescriptions set forth in the 2003 Act.

Article 11. Material resources of the labour inspectorate. With reference to its previous comments, particularly on transport facilities, the Committee requests the Government to continue to provide information on the material and logistical resources made available to labour officers and inspectors responsible for occupational safety and health to enable them to perform their duties.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous observation, which read as follows:

1. Articles 1 and 3 of the Convention. Labour inspection system. The Committee notes the adoption of the 2003 Occupational Health and Safety Act, which establishes, among other things, the powers, rights and obligations of the inspectors responsible for enforcing the Act (sections 5 to 11), and the adoption of the 2004 Labour Institutions Act, Part VI (sections 43 to 49) of which is devoted to labour administration and the labour inspectorate which is responsible for enforcing labour legislation.

2. Articles 10, 20 and 21. Staff of labour inspection services and annual report on their work. The Committee notes  that the number of labour officers rose from 74 in 2006 to 87 in 2007, that they cover the whole country and, according to the Government, act as labour inspectors. It further notes that the 2004 Act provides that “There shall be as many labour officers as are necessary to administer and enforce the labour laws” (section 43(4)). The Committee points out that for this purpose there should be a regular update of the total number of workplaces liable to inspection by these officials and by inspectors responsible for occupational health and safety, and of the number of workers employed in them. The Committee further points out that the information to be included in the annual report on the work of the inspection services, pursuant to Article 21 of the Convention, should make it possible to gain a general understanding of how the system works, to analyse obstacles and constraints, to identify priority needs and to determine the budgetary allocations needed to meet them. The Committee again expresses the hope that the Government will be in a position in the near future to publish such a report, with technical assistance from the ILO if necessary, and to send a copy of it.

3. Article 12, paragraph 1(a). Right of inspectors to enter workplaces freely. Timing of inspection visits. The 2004 Labour Institutions Act provides that a labour officer may, with the prescribed certificate of authorization, “at any reasonable time” enter any premises (section 45(1)(a)). The Committee refers to its 2006 General Survey on labour inspection (paragraphs 268–271), and points out that the purpose of the abovementioned provisions of the Convention, which provide that inspectors “shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection” is to allow inspectors to carry out inspections where necessary and possible in order to ensure the protection of workers and in accordance with the technical requirements of inspection. Inspectors must also have the authority to decide when inspection of the workplace is appropriate. Consequently, the Committee requests the Government to specify in its next report the practical scope of the expression “at any reasonable time” used in the 2004 Labour Institutions Act and to indicate how it is ensured that it is the labour officer who decides whether the time of the visit is reasonable.

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

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

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

The Committee refers the Government to its observation and, in view of the recent adoption of the 2003 Occupational Health and Safety Act and the 2004 Labour Institutions Act, it asks the Government in its next report to send any texts issued under these Acts regarding labour inspection and to provide information on the following points.

Article 5(b) of the Convention. Collaboration between labour inspectors and employers and workers or their organizations. Emphasizing the importance for the operation of the labour inspectorate of collaboration with the social partners, the Committee draws the Government’s attention to Part II of the Labour Inspection Recommendation, 1947 (No. 81), and requests it to indicate how effect is given to the above provision of the Convention, in terms of supervising application of the legislation both on conditions of work and on occupational health and safety.

Articles 6 and 7. Status, conditions of service, recruitment and training of inspection staff. The Committee would be grateful if the Government would provide information on these subjects, particularly on the content of the training of inspectors responsible for supervising application of the health and safety prescriptions set forth in the 2003 Act.

Article 11. Material resources of the labour inspectorate. With reference to its previous comments, particularly on transport facilities, the Committee requests the Government to continue to provide information on the material and logistical resources made available to labour officers and inspectors responsible for occupational safety and health to enable them to perform their duties.

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

1. Articles 1 and 3 of the Convention. Labour inspection system. The Committee notes with interest the adoption of the 2003 Occupational Health and Safety Act, which establishes, among other things, the powers, rights and obligations of the inspectors responsible for enforcing the Act (sections 5 to 11), and the adoption of the 2004 Labour Institutions Act, Part VI (sections 43 to 49) of which is devoted to labour administration and the labour inspectorate which is responsible for enforcing labour legislation.

2. Articles 10, 20 and 21. Staff of labour inspection services and annual report on their work. The Committee notes with interest that the number of labour officers rose from 74 in 2006 to 87 in 2007, that they cover the whole country and, according to the Government, act as labour inspectors. It further notes that the 2004 Act provides that “There shall be as many labour officers as are necessary to administer and enforce the labour laws” (section 43(4)). The Committee points out that for this purpose there should be a regular update of the total number of workplaces liable to inspection by these officials and by inspectors responsible for occupational health and safety, and of the number of workers employed in them. The Committee further points out that the information to be included in the annual report on the work of the inspection services, pursuant to Article 21 of the Convention, should make it possible to gain a general understanding of how the system works, to analyse obstacles and constraints, to identify priority needs and to determine the budgetary allocations needed to meet them. The Committee again expresses the hope that the Government will be in a position in the near future to publish such a report, with technical assistance from the ILO if necessary, and to send a copy of it.

3. Article 12, paragraph 1(a). Right of inspectors to enter workplaces freely. Timing of inspection visits. The 2004 Labour Institutions Act provides that a labour officer may, with the prescribed certificate of authorization, “at any reasonable time” enter any premises (section 45(1)(a)). The Committee refers to its 2006 General Survey on labour inspection (paragraphs 268–271), and points out that the purpose of the abovementioned provisions of the Convention, which provide that inspectors “shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection” is to allow inspectors to carry out inspections where necessary and possible in order to ensure the protection of workers and in accordance with the technical requirements of inspection. Inspectors must also have the authority to decide when inspection of the workplace is appropriate. Consequently, the Committee requests the Government to specify in its next report the practical scope of the expression “at any reasonable time” used in the 2004 Labour Institutions Act and to indicate how it is ensured that it is the labour officer who decides whether the time of the visit is reasonable.

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

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

Further to its observation, the Committee would be grateful if the Government would specify the number, geographical distribution and rank of the labour inspectors and provide a copy of the Act of 2003 on health and safety at work mentioned in the report.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous observation which read as follows:

Articles 11 and 16 of the Convention. The Committee notes with interest that, as a result of to the technical cooperation project for the reinforcement of labour relations in East Africa (ILO/SLAREA), the Government was able to make available to the inspection services ten motorcycles, thus improving their ability to travel to the establishments under their supervision. It notes, however, that these were not appropriate for travel in areas containing wild animal reserves and that the Government counts on ILO support in the framework of the above project, to obtain financing for four-wheeled vehicles for this purpose.

Articles 20 and 21. The Committee notes that, due to the persistence of economic constraints and the unattractive conditions of service of labour inspectors, the conditions required for the formulation of an annual inspection report have still not been met. It nevertheless notes the Government’s hope that during the implementation stage of the recommendations of the Labour Law Reform Task Force, and with ILO support, more resources will be allocated to the fulfilment of this obligation.

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

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

With reference also to its observation, the Committee would be grateful if the Government would specify the number, geographical distribution and rank of the labour inspectors and provide a copy of the Act of 2003 on health and safety at work mentioned in the report.

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

Tanganyika (ratification: 1962)

The Committee notes the information provided in reply to its previous comments.

Articles 11 and 16 of the Convention. The Committee notes with interest that, thanks to the technical cooperation project for the reinforcement of labour relations in East Africa (ILO/SLAREA), the Government was able to make available to the inspection services ten motorcycles, thus improving their ability to travel to the establishments under their supervision. It notes, however, that these were not appropriate for travel in areas containing wild animal reserves and that the Government counts on ILO support in the framework of the above project, to obtain financing for four-wheeled vehicles for this purpose.

Articles 20 and 21. The Committee notes that, due to the persistence of economic constraints and the unattractive conditions of service of labour inspectors, the conditions required for the formulation of an annual inspection report have still not been met. It nevertheless notes the Government’s hope that during the implementation stage of the recommendations of the Labour Law Reform Task Force, and with ILO support, more resources will be allocated to the fulfilment of this obligation.

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

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

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 following matters raised in its previous direct request:

1. Scope of the Convention. The Committee notes that section 4 of the Factories Ordinance Cap. 297 empowers the competent authority in case of public emergency to make an order exempting from inspection either factories generally or any class or description of factory. The Committee emphasizes that, while it stems from Article 2(1) of the Convention, the designation of industrial workplaces subject to control by labour inspectors comes under national legislation and the Convention does not provide that the extent of its scope can be subject to any national circumstances whatsoever. The exemptions from inspection provided by Article 2(2), may be justified by the permanent technical and strategic particularities of the sectors concerned and do not exclude inspection that could be carried out by authorities other than those covered by the Convention. The abovementioned provision of Ordinance Cap. 297 seems not only to subject inspection of workplaces to unspecified criteria of national emergency but also favours differentiation between workplaces, according to circumstances, in regard to compliance with legislation concerning inspection. The Committee considers that in these circumstances the effectiveness of the inspection system cannot be guaranteed in a homogeneous manner and that the provision of the abovementioned Ordinance is therefore contrary to the purpose of the Convention. It therefore requests the Government to take any appropriate measures to amend its legislation on this point and to communicate information on any progress made in this regard.

2. Numbers of labour inspection staff (Articles 6 and 10). The Committee notes that according to the Government there has been a slight fall in the number of labour inspectors. The Committee notes, however, with interest that recruitment will take place during the financial year 1999-2000. Noting that certain labour inspectors have left their posts to seek better employment, the Committee deduces that the status and conditions of service offered to them were less favourable than those which they could expect, given their level of competence. It would be grateful if the Government would supply information on the number of inspectors on board following the recruitment announced in its latest report, and on the measures taken to encourage stability in the employment of newly recruited inspectors as well as those with longer service.

3. Transport facilities and inspections (Articles 11 and 16). The Committee notes once again, in reply to its previous comments, that transport is still a problem. The Government announces, however, that with the new recruitment, efforts will be made to visit some of the remote and isolated places as and when the need arises. While noting the economic reasons for the lack of vehicles, the Committee recalls that, under Article 16, workplaces liable to inspection should be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions in regard to labour inspection and that, under Article 11, the competent authority shall take the necessary measures to furnish labour inspectors with the necessary transport facilities in cases where suitable public facilities do not exist (Article 11(1)(b)) as well as making the necessary arrangements to reimburse any travelling and incidental expenses which may be necessary for the performance of their duties (Article 11(2)). The Committee would be grateful if the Government would supply details allowing it to ascertain to what extent effect is given in practice to these provisions to ensure inspections of workplaces situated in urban centres as well as in isolated places.

4. Annual inspection report. The Committee notes once again that owing to economic constraints and lack of human resources it has not been possible to produce the annual inspection report for almost 15 years. It also takes note of the request for technical assistance made to the ILO to redress the situation and trusts that the Government will be able to ensure that in the near future annual reports in the form and with the content laid down in Articles 20 and 21 will be published and communicated to the ILO in the prescribed time limit. In any event, it requests the Government to supply in its next report the available information and statistics concerning the topics listed in Article 21(a) to (g).

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

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:

The Committee notes the Government’s reports for the period ending October 1998. It also notes the information supplied by the Government in reply to its previous comments and would be grateful if it would provide further information on the points below.

1. Scope of the Convention. The Committee notes that section 4 of the Factories Ordinance Cap. 297 empowers the competent authority in case of public emergency to make an order exempting from inspection either factories generally or any class or description of factory. The Committee emphasizes that, while it stems from Article 2(1) of the Convention, the designation of industrial workplaces subject to control by labour inspectors comes under national legislation and the Convention does not provide that the extent of its scope can be subject to any national circumstances whatsoever. The exemptions from inspection provided by Article 2(2), may be justified by the permanent technical and strategic particularities of the sectors concerned and do not exclude inspection that could be carried out by authorities other than those covered by the Convention. The abovementioned provision of Ordinance Cap. 297 seems not only to subject inspection of workplaces to unspecified criteria of national emergency but also favours differentiation between workplaces, according to circumstances, in regard to compliance with legislation concerning inspection. The Committee considers that in these circumstances the effectiveness of the inspection system cannot be guaranteed in a homogeneous manner and that the provision of the abovementioned Ordinance is therefore contrary to the purpose of the Convention. It therefore requests the Government to take any appropriate measures to amend its legislation on this point and to communicate information on any progress made in this regard.

2. Numbers of labour inspection staff (Articles 6 and 10). The Committee notes that according to the Government there has been a slight fall in the number of labour inspectors. The Committee notes, however, with interest that recruitment will take place during the financial year 1999-2000. Noting that certain labour inspectors have left their posts to seek better employment, the Committee deduces that the status and conditions of service offered to them were less favourable than those which they could expect, given their level of competence. It would be grateful if the Government would supply information on the number of inspectors on board following the recruitment announced in its latest report, and on the measures taken to encourage stability in the employment of newly recruited inspectors as well as those with longer service.

3. Transport facilities and inspections (Articles 11 and 16). The Committee notes once again, in reply to its previous comments, that transport is still a problem. The Government announces, however, that with the new recruitment, efforts will be made to visit some of the remote and isolated places as and when the need arises. While noting the economic reasons for the lack of vehicles, the Committee recalls that, under Article 16, workplaces liable to inspection should be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions in regard to labour inspection and that, under Article 11, the competent authority shall take the necessary measures to furnish labour inspectors with the necessary transport facilities in cases where suitable public facilities do not exist (Article 11(1)(b)) as well as making the necessary arrangements to reimburse any travelling and incidental expenses which may be necessary for the performance of their duties (Article 11(2)). The Committee would be grateful if the Government would supply details allowing it to ascertain to what extent effect is given in practice to these provisions to ensure inspections of workplaces situated in urban centres as well as in isolated places.

4. Annual inspection report. The Committee notes once again that owing to economic constraints and lack of human resources it has not been possible to produce the annual inspection report for almost 15 years. It also takes note of the request for technical assistance made to the ILO to redress the situation and trusts that the Government will be able to ensure that in the near future annual reports in the form and with the content laid down in Articles 20 and 21 will be published and communicated to the ILO in the prescribed time limit. In any event, it requests the Government to supply in its next report the available information and statistics concerning the topics listed in Article 21(a) to (g).

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

The Committee notes the Government’s reports for the period ending October 1998. It also notes the information supplied by the Government in reply to its previous comments and would be grateful if it would provide further information on the points below.

1.  Scope of the Convention.  The Committee notes that section 4 of the Factories Ordinance Cap. 297 empowers the competent authority in case of public emergency to make an order exempting from inspection either factories generally or any class or description of factory. The Committee emphasizes that, while it stems from Article 2(1) of the Convention, the designation of industrial workplaces subject to control by labour inspectors comes under national legislation and the Convention does not provide that the extent of its scope can be subject to any national circumstances whatsoever. The exemptions from inspection provided by Article 2(2), may be justified by the permanent technical and strategic particularities of the sectors concerned and do not exclude inspection that could be carried out by authorities other than those covered by the Convention. The abovementioned provision of Ordinance Cap. 297 seems not only to subject inspection of workplaces to unspecified criteria of national emergency but also favours differentiation between workplaces, according to circumstances, in regard to compliance with legislation concerning inspection. The Committee considers that in these circumstances the effectiveness of the inspection system cannot be guaranteed in a homogeneous manner and that the provision of the abovementioned Ordinance is therefore contrary to the purpose of the Convention. It therefore requests the Government to take any appropriate measures to amend its legislation on this point and to communicate information on any progress made in this regard.

2.  Numbers of labour inspection staff (Articles 6 and 10).  The Committee notes that according to the Government there has been a slight fall in the number of labour inspectors. The Committee notes, however, with interest that recruitment will take place during the financial year 1999-2000. Noting that certain labour inspectors have left their posts to seek better employment, the Committee deduces that the status and conditions of service offered to them were less favourable than those which they could expect, given their level of competence. It would be grateful if the Government would supply information on the number of inspectors on board following the recruitment announced in its latest report, and on the measures taken to encourage stability in the employment of newly recruited inspectors as well as those with longer service.

3.  Transport facilities and inspections (Articles 11 and 16).  The Committee notes once again, in reply to its previous comments, that transport is still a problem. The Government announces, however, that with the new recruitment, efforts will be made to visit some of the remote and isolated places as and when the need arises. While noting the economic reasons for the lack of vehicles, the Committee recalls that, under Article 16, workplaces liable to inspection should be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions in regard to labour inspection and that, under Article 11, the competent authority shall take the necessary measures to furnish labour inspectors with the necessary transport facilities in cases where suitable public facilities do not exist (Article 11(1)(b)) as well as making the necessary arrangements to reimburse any travelling and incidental expenses which may be necessary for the performance of their duties (Article 11(2)). The Committee would be grateful if the Government would supply details allowing it to ascertain to what extent effect is given in practice to these provisions to ensure inspections of workplaces situated in urban centres as well as in isolated places.

4.  Annual inspection report.  The Committee notes once again that owing to economic constraints and lack of human resources it has not been possible to produce the annual inspection report for almost 15 years. It also takes note of the request for technical assistance made to the ILO to redress the situation and trusts that the Government will be able to ensure that in the near future annual reports in the form and with the content laid down in Articles 20 and 21 will be published and communicated to the ILO in the prescribed time limit. In any event, it requests the Government to supply in its next report the available information and statistics concerning the topics listed in Article 21(a) to (g).