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

Iceland

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2009)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 2009)

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

Article 5 of Convention No. 81 and Article 12 of Convention No. 129. Effective cooperation between the inspection services and other Government services. The Committee notes the Government’s indication in its report that on 15 November 2019 the Administration of Occupational Safety and Health (AOSH) signed a cooperation agreement with the tax authorities, the Directorate of Labour and the Reykjavík Metropolitan Police to address undeclared work and social dumping. The Government also indicates that cooperation with the social partners on the matter is planned under a special agreement that is in the pipeline. The Committee requests the Government to provide information on the progress made in the implementation of the cooperation agreement between the AOSH and the public bodies to address undeclared work and social dumping.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status of labour inspectors. In its previous comments, the Committee noted the Government's statement that the level of wages of the AOSH, in comparison with other Government institutions, may influence the recruitment and retention of high-quality staff. The Committee notes the Government's indications in response to its previous request for information on the measures taken or envisaged to retain skilled and experienced staff that the AOSH has improved its human resources policy and has placed emphasis on improving the conditions of service of inspection staff. The Committee requests the Government to provide specific information on the measures taken to improve the status and conditions of service of labour inspectors. Furthermore, in order to ensure the stability of employment of labour inspectors, the Committee requests the Government to adopt the necessary measures to guarantee that the remuneration of labour inspectors is similar to that of other public officials with responsibilities of a similar category and complexity, and to provide details on these measures and illustrative figures in this respect, including comparative figures for categories of public officials identified as having similar responsibilities.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. With reference to its previous comments, the Committee notes the information provided by the Government on training provided to new labour inspectors at the AOSH. The Government indicates that the basic training programme takes place in the inspectors’ first and second year of service and covers topics such as occupational health and safety measures, inspection and inspection reports, chemical and biological hazards, indoor air quality, noise, vibration and lighting, and personal protective equipment. With regard to the training provided to new labour inspectors, the Government indicates that a new training programme was adopted in 2016, in which trainees are instructed on the role of the AOSH, its structure and activities, occupational safety and health aspects, legislation and procedural rules. The Government further indicates that inspection visits are made to enterprises where the new inspectors are guided and taught by specialists and experienced inspectors. Subsequent to the initial round of training sessions, the Government indicates that planning days, workshops, and meetings are held with some regularity and these include training on additional aspects of the job. The Committee notes, however, that the Government does not indicate whether the introductory training or the basic training held by the AOSH contain content relevant to inspections in agriculture. The Committee therefore requests the Government to take the necessary measures to ensure that labour inspectors in agriculture receive adequate training for the performance of their duties (such as on risks in livestock farming or the handling of chemicals and pesticides) and to provide information on the results obtained in this respect, including the number of labour inspectors trained, the subjects covered and the impact of the training.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Number of labour inspectors and inspection visits. In its previous comments, the Committee requested the Government to provide information on the measures taken to ensure that the number of labour inspectors is sufficient to secure the effective performance of inspections functions. The Committee notes the Government's indication that there are 13 labour inspectors in the country, mainly in the capital area, and that there is one vacant position that will be filled in autumn 2021. The Government also reports that there are 0.6 labour inspectors per 10,000 employees, and that it is aware of the need to increase the number of labour inspectors. The Committee requests the Government to pursue its efforts to ensure that the number of labour inspectors, including in agriculture, is sufficient to secure the effective discharge of the duties of the inspectorate and that workplaces are inspected as often and as thoroughly as necessary. It also requests the Government to provide detailed information on the measures taken and the results achieved, including the number of labour inspectors and their distribution by region, as well as the number of inspections visits carried out.

Article 12 of Convention No. 81 and Article 16 of Convention No. 129. Right of inspectors to enter freely and without previous notice and notification of the inspector’s presence when carrying out an inspection. Further to its previous comments, the Committee notes the Government's reference to the amendment of section 82, paragraph 1 of the Act on Working Environment, Health and Safety in Workplaces No. 46/1980 by Act No. 80/2015. The Committee notes that this amendment establishes that AOSH staff shall make inspection visits to enterprises to carry out their inspection functions, and that they shall be granted access to the enterprises’ workplaces for this purpose. This section further provides that, in their inspection visits, AOSH staff shall contact the employer or his representative and the parties involved in work safety in enterprises. The Committee notes, however, that while section 82 provides for the obligation to grant access to AOSH personnel to workplaces, it does not provide for their entrance without previous notice at any hour of the day or night. In addition, it notes that section 82 establishes the obligation of AOSH personnel to contact the employer or his/her representative during their inspection visits. In this respect, in its 2006 General Survey, Labour inspection, paragraph 78, the Committee indicates that unannounced visits enable the inspector to enter the inspected premises without warning the employer or his representative in advance, especially in cases where the employer may be expected to attempt to conceal a violation, by changing the usual conditions of work, preventing a witness from being present or making it impossible to carry out an inspection. The Committee requests the Government to continue its efforts to ensure that inspectors can carry out unannounced visits in accordance with Article 12(1)(a) of the Convention, including through appropriate legislative change if necessary. It further requests the Government to ensure that, pursuant to current law or a modification thereof, inspectors notify the employer or his representative on the occasion of an inspection visit, unless they consider that such notification may be prejudicial to the performance of their duties, as required by Article 12(2) of the Convention. The Committee requests the Government to provide information on progress made in these respects.

Article 13 of Convention No. 81 and Article 18 of Convention No. 129. Measures with immediate executory force in the event of imminent danger to the health or safety of the workers. The Committee notes the information provided by the Government, in response to its previous request for statistical information on preventive action taken by labour inspectors, that coercive measures including the prohibition of work and the use of equipment were used in 132 cases in 2015. The Government indicates that this was twice as many cases as in 2014 and explains that the increase was mainly due to the adoption of stricter inspection methods in the construction industry and the monitoring of machinery and equipment. The Committee further notes that, according to the information provided by the Government, the sectors in which the most coercive measures were applied in 2015 include construction and building repairs with 68 measures, schools with 14 measures, fishing industry, freezing plants and processing factories with 12 measures, metallurgy, machinery production, shipbuilding and ship repairs with 6 measures and wood industries with 5 measures. The Committee requests the Government to continue to provide information on the preventive measures taken by labour inspectors per year with a view to remedying defects observed in plant, layout or working methods, including the number of orders issued with immediate executory force in the event of imminent danger to the health or safety of the workers and the sectors in which such orders were issued.

Article 14 of Convention No. 81 and Article 19 of Convention No.129. Recording and notification of industrial accidents and cases of occupational disease. Further to its previous comments, the Committee notes that the Government indicates that section 79 of the Act on Working Environment, Health and Safety in Workplaces provides that the employer shall report to the AOSH: (i) without undue delay, all accidents in which a worker dies or becomes incapable to work for one day or more in addition to the day on which the accident occurred, (ii) within 24 hours an accident in which it is likely that a worker has incurred long-term or permanent damage to his health. This section also provides that a physician who finds out, or suspects, that a worker or a group of workers have an occupational disease, a work-related disease, or have been exposed to harmful influences as a result of their jobs, shall report this to the AOSH without undue delay. Taking due note of the indications provided by the Government, the Committee requests the Government to provide information on the number of industrial accidents and cases of occupational disease duly notified to the labour inspectorate per year and the causes related to these events.

Article 19 of Convention No. 81 and Article 25 of Convention No. 129. Periodical reports. With reference to its previous comments, the Committee notes the Government's indication that, according to the changes in the organisational chart for the AOSH that took effect on 1 January 2017, district and regions were abolished, which means that labour inspection is now fully centralised. The Committee takes note of this information, which addresses its previous request.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Publication and content of the annual report. The Committee notes that the 2020 AOSH annual report, published on the AOSH website, contains information on labour inspection service staff, inspections visits and industrial accidents. However, it notes that this report does not contain information on a number of subjects required under Article 21 of Convention No. 81 and Article 27 of Convention No. 129, including laws and regulations relevant to the work of the inspection service, statistics of workplaces liable to inspection and the number of workers employed therein, statistics of violations and penalties imposed and statistics of occupational diseases. The Committee requests the Government to take the measures necessary to ensure that annual reports on the activities of the labour inspection services contain information on each of the subjects set out in Article 21 of Convention No. 81 and Article 27 of Convention No. 129, including with reference to statistics on violations and penalties imposed pursuant to Articles 17 and 18 of Convention No. 81 and Articles 22, 23 and 24 of Convention No. 129, and that the annual reports be transmitted to the ILO in accordance with Article 20(3) of Convention No. 81 and Article 26(3) of Convention No. 129.

Matters specifically relating to labour inspection in agriculture

Article 15 of Convention No. 129. Transport facilities and reimbursement of professional travel expenses. The Committee notes the information provided by the Government on the adoption of Government Advertisement No. 3/2015 on driving charges for government employees (applicable when government employees drive their own vehicles in the performance of their duties) and Government Advertisement No. 2/2016 on domestic travel allowances for government employees, following the repeal of Decree No. 1/2013 and Decree No. 3/2013. In this regard, it notes that Government Advertisement No. 3/2015 determines a travel fee in travel agreements between government employees and government agencies. It also notes that the Government Advertisement No. 2/2016 establishes per diem allowances for the payment of accommodation and subsistence for government employees on domestic travel on behalf of the State. It also notes that Rule No. 1/2009 on payment of travel expenses for travel on behalf of the Government includes the reimbursement of travel, food and accommodations expenses (sections 2 and 3). The Committee takes note of this information, which addresses its previous request.

Article 17 of Convention No. 129. Preventive control. With reference to its previous comments on the role of labour inspectors in the preventive control of protective chemical substances, rodent poisons and insecticides, the Committee notes that the Government indicates that prior to licensing and when renewed, pesticide storage facilities are inspected by the AOSH, and that machinery used to disperse the pesticides is inspected annually by the AOSH. The Committee requests the Government to provide information on the preventive measures taken by the labour inspection services to control protective chemical substances, rodent poisons and insecticides, including the number of inspections of pesticide storage facilities and of machinery used to disperse pesticides, and the results of such inspections.