Solicitud directa (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Estonia

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 2005)
Convenio sobre la inspección del trabajo (agricultura), 1969 (núm. 129) (Ratificación : 2005)

Previous comment

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

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

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

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

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

Issues specifically concerning labour inspection in agriculture

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

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