Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Labour Inspection Convention, 1947 (No. 81) - South Africa (Ratification: 2013)

Articles 5(a) and 9 of the Convention. Effective cooperation and the association of duly qualified technical experts and specialists in the work of the labour inspection services. With regard to the Committee’s previous comment on the role, activities and impartiality of the Approved Inspection Authorities (AIAs), the Government indicates that the Occupational Hygiene (OH) AIAs role and activities are limited to exposure monitoring of Asbestos Abatement Regulations, 2020; Noise-Induced Hearing Loss Regulations, 2003; Regulations for Hazardous Chemical Agents, 2021; and Lead Regulations, 2002. It further indicates that the AIAs are required to obtain the accreditation of the South African National Accreditation System (SANAS), before applying for approval to the Department. The registration document addresses issues related to conflicts of interest and provides guidance on how the AIA must deal with them. Concerning the interaction between AIAs and the Occupational Safety and Health Directorate, the Government indicates that the Department conducts audits of the OH AIAs when new or renewed applications or complaints are submitted. In addition, every six months between March and September, all OH AIAs are required to report to the Department and the information submitted is analysed and feedback is provided. The Committee further takes note of the Government's indication that the list of AIAs is updated when required and the latest list available is from 2023. The Committee requests the Government to continue to provide information on the activities performed by the AIAs, including details of the number of interventions performed in monitoring exposure limits and of cases referred to the inspectorate for further follow up. The Committee also requests the Government to provide further information on the manner in which it ensures that possible conflicts of interest are avoided or monitored with respect to AIAs and the employers they inspect or investigate, besides the provision of guidelines in the registration documents.

Articles 20 and 21. Publication and communication of annual labour inspection reports. In the absence of information in the Government’s report, the Committee notes the information provided in the Annual Report of the Department of Labour 2022–23 on the staff of the labour inspection service (Article 21(b)), the number of labour inspection visits undertaken (Article 21(d)), and the number of notices and referrals to the courts (Article 21(e)). The Committee notes however the lack of information regarding the number of workplaces liable to inspection and the number of workers employed therein (Article 21(c)) and of occupational accidents and diseases reported (Article 21(f) and (g)).The Committee requests the Government to continue its efforts to ensure that the central authority publishes and communicates to the ILO an annual report on labour inspection activities containing all the information required by Article 21, in particular, updated statistical information on the number of workplaces liable to inspection and the number of workers employed therein (Article 21(c)) and of occupational accidents and diseases (Article 21(f) and (g)). In this regard, the Committee, once more, requests the Government to provide information on the measures taken or envisaged to improve the collection of inspection data, including through electronic means.