Labour Inspection Convention, 1947 (No. 81) - Belarus (Ratification: 1995)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

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 3, 5, 13, 14, 16, 17 and 18 of the Convention. Preventive and enforcement activities of the labour inspection services. With regard to its previous comments, the Committee notes the information provided by the Government in its report on the number of suspension and prohibition orders issued in workplaces posing a risk to the life and health of workers, which went from 63 sites in 2015 to six sites in the first semester of 2018, as well as the number of circulars sent to government bodies concerning the breaches of legislation detected and how to prevent them.

Furthermore, the Committee notes the decrease in reported accidents at work which went from 3,526 in 2009 to 2,011 in 2016 and then 343 in the first semester of 2018, and a decrease in the number of fatal occupational accidents that occurred during the same period, which fell from 208 in 2009 to 119 in 2016 and then 70 in the first semester of 2018. The Committee notes that the Government does not provide information on enforcement and prevention activities carried out after 2018. In this context, the Committee requests the Government to provide up-to-date information disaggregated by year on: (i) the enforcement activities conducted, including the number of violations detected and penalties imposed; (ii) the preventive measures carried out, including the number of orders issued to protect workers against threats to their safety and health; and (iii) the number of industrial accidents reported.

Article 3(1)(a) and (b). Primary functions of labour inspectors. Further to its previous comments, the Committee notes the information provided by the Government on the number of workers removed from their posts under section 49 of the Labour Code (which authorizes the suspension from work of workers on various grounds at the request of state labour inspectors), as follows: in 2015, 22,700 workers were suspended; in 2016, 41,000; in 2017, 40,700; and in the first semester of 2018, more than 7,700. The Committee also notes that during the period from 2015 to 2017, 962 employers received fines for breaching labour and occupational safety and health law, totalling BYN236,400 (US$71,676).

The Committee further notes the Government’s indication that periods of suspension from work are not remunerated, with the exception provided for in section 49 of the Labour Code, which states that when a worker is suspended for failing to undergo vocational training or an OSH knowledge assessment, or a medical examination or an alcohol or substance intoxication test, through no fault of his or her own, he or she receives remuneration for the entire period of suspension, in accordance with section 71(1) of the Labour Code. The Committee notes that according to the terms of section 49 of the Labour Code, the consequences incurred by workers as a result of their suspension under this provision vary depending on the reason for the suspension. However, it notes that the Government did not provide information on the OSH training and retraining provided to workers and the warnings issued.

Observing the apparent disparity in government disciplinary actions as between workers and employers during the period since 2015, and recalling once again that the primary function of labour inspectors is to protect workers and that it is the primary responsibility of employers to provide for a safe and healthy work environment, the Committee requests the Government to continue to provide information on the application of Article 3(1)(a) and (b) of the Convention in practice, including the number of infringements detected, the measures taken as a result (including in application of section 49 of the Labour Code), and the technical information and advice provided to employers and workers on the most effective means of complying with the legal provisions. It also once again requests the Government to provide information on the OSH training and retraining conducted for suspended workers.

Articles 5(a) and (b). Cooperation between the inspection services and other government services and employers and workers. Further to its previous comments, the Committee notes the Government’s indications that in accordance with section 2 of Presidential Decree No. 240 of 2010 on the Conduct of Public Oversight by Trade Unions, trade union representatives have the right to conduct public supervision in the form of inspections to monitor compliance with labour legislation and collective agreements. In this regard, the Government specifies that the performance of public supervision by a trade union does not preclude or postpone inspections carried out by state supervisory bodies, including on the same matters.

The Government further indicates that labour inspectors of the State Labour Inspection Department of the Ministry of Labour and Social Protection (MLSP) worked with trade union representatives to: (i) conduct special investigations on serious industrial accidents (302 investigations were conducted in the first semester of 2018; 481 in 2017; 530 in 2016; and 795 in 2015); and (ii) provide seminars and counselling sessions to inform workers about OSH legislation (607 initiatives were carried out in the first semester of 2018; 1,600 in 2017; 779 in 2016; and 742 in 2015). In addition, trade union representatives were involved in assessing the OSH knowledge of managers and specialist staff (16,800 managers and specialist staff were evaluated in the first semester of 2018; 30,200 in 2017; 23,500 in 2016; and 24,200 in 2015).

Concerning the status and conditions of trade unions inspectors, the Government indicates that trade union legal and technical labour inspectors are trade union employees (who must have a degree in law or technical subjects, accordingly). It also indicates that trade union inspectors do not have the power to impose sanctions on employers or to initiate administrative proceedings against officials who have committed infringements, as they are not state bodies specifically authorized to monitor or supervise compliance with labour legislation.

Regarding the manner in which trade union inspection visits are incorporated into the inspection schedule of the MLSP, the Government indicates that according to the Regulations of Presidential Decree No. 240 of 2010, inspection visits by union inspectors are scheduled taking into account the plans of control activities in the country. In this regard, if the inspection of an establishment by the State Labour Inspection Department is scheduled for the current year, the union may not include such establishment in its inspection schedule for the same period (section 9). The Committee requests the Government to continue providing information on the manner in which the activities of the trade unions concerning inspections supplement the activities of the labour inspection services, including information on how often and how rapidly serious violations identified by trade union inspectors are followed up and prosecuted by government labour inspectors.

Articles 10 and 11. Human and material resources available to labour inspection services. Further to its previous comments, the Committee notes the Government’s indication that the criteria applied to determine the number of labour inspectors are based on the workload of each inspector, taking into account the number of communications received and the number of organizations and workers in the geographical area they cover.

It also notes the Government’s information that there are 30 vehicles at the disposal of the inspectors of the State Labour Inspection Department, distributed among the central and the six regional services of the labour inspectorate. With reference to its comment below under Articles 20 and 21, the Committee requests the Government to provide up to date information on the number of labour inspectors and their geographical distribution and on the material resources available to them.

Article 12(1)(c)(iii). Enforcement of the posting of notices. Further to its previous comments, the Committee notes the Government’s reference to section 17 of the Occupational Safety and Health Law of 2008, which establishes the employer’s obligation to inform workers of their working and OSH conditions, including health risks and personal protective equipment provided. It also notes that the national legislation does not give effect to the power of inspectors to enforce the posting of notices required by the legal provisions. Recalling the importance of ensuring that employers and workers are clearly informed of their respective rights and obligations, and encouraged to abide by them, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that labour inspectors are empowered to enforce the posting of notices required by the legal provisions, in accordance with Article 12(1)(c)(iii).

Article 14. Notification to the labour inspection services of industrial accidents and cases of occupational diseases. Further to its previous comments, the Committee notes the Government’s indication that the procedure for the notification of occupational diseases is set out in the Rules for Investigating and Reporting Industrial Accidents and Occupational Diseases, adopted by Decision of the Council of Ministers No. 30 of 2004, under which employers and insurers are required to notify the territorial subdivision of the State Labour Inspection Department of acute fatal occupational diseases and simultaneous occupational diseases affecting two or more persons (section 62). The Committee notes the information provided by the Government in relation to the number of occupational diseases reported up to 2017. With reference to its comment below under Articles 20 and 21, the Committee requests that the Government provide up to date information on the number of industrial accidents and occupational diseases notified to the labour inspectorate.

Articles 20 and 21. Publication and communication to the ILO of an annual report on the work of the labour inspection services. The Committee notes the information contained in the Report on the review of the activities of labour inspectorates of the member States of the Euro-Asian Regional Alliance of Labour Inspections for the year 2022, which is published on the website of the State Labour Inspection Department. This report includes information on the number of inspection visits, the number of violations identified, and the penalties imposed. The Committee requests the Government to ensure that annual labour inspection reports are regularly published and communicated to the ILO, in accordance with Article 20 of the Convention, and that they contain information on all the subjects covered by Article 21(a)–(g), including on the number of labour inspectors (Article 21(b)), the number of workplaces liable to inspection and the number of workers employed therein (Article 21(c)) and the number of industrial accidents and cases of occupational diseases (Article 21(f) and (g)).

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 6, 12, 13 and 16 of the Convention. Limitations and restrictions on the powers of labour inspectors. The Committee notes that, according to the Decree of the President of the Republic of Belarus No. 376 of 2017 on measures to improve the activities of the control (supervisory) system, which entered into force on 1 January 2018, a number of limitations on the powers of labour inspectors and the undertaking of labour inspections are envisaged, including restrictions relating to: (i) the free initiative of labour inspectors (sections 1.1.9 and 1.1.11); (ii) the frequency of labour inspections (sections 1.1.7 and 1.1.10); (iii) the scope of inspections, particularly in terms of the issues that can be examined in the course of inspections (sections 1.1.9 and 1.1.11); and (iv) the power of labour inspectors to issue suspension orders in case of threat to life and health (section 1.1.6). The Committee recalls that Article 12 of the Convention provides that labour inspectors shall be empowered to enter workplaces liable to inspection freely and to carry out any examination, test or enquiry which they may consider necessary in order to satisfy themselves that the legal provisions are being strictly observed, while Article 16 provides that workplaces shall be inspected as often as is necessary to ensure the effective application of the relevant legal provisions. In addition, Article 13 empowers labour inspectors to adopt measures with immediate executory force in the event of imminent danger to the health or safety of the workers.

The Committee further notes that labour inspectors are subject to disciplinary liability, including dismissal and fines, for conducting inspections without justified reasons, for exceeding the time limit for conducting inspections, for requesting the production of documents if they are not related to the matters specified in the inspection order, and for taking samples for investigation in quantities exceeding the established limits (section 1.2). The Committee recalls that according to Article6, the inspection staff shall be composed of public officials who are independent of improper external influences. The Committee notes that as public servants, labour inspectors can only be dismissed for serious professional misconduct, which should be defined in terms that are as precise as possible to avoid arbitrary or improper interpretation (2006 General Survey on Labour Inspection, paragraph 203). The Committee requests the Government to indicate if Decree No. 376 of 2017 is still in force and, in such case, to take prompt measures to bring its national legislation into full conformity with the Convention.

The Committee is raising other matters 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 near future.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 3, 5, 13, 14, 16, 17 and 18 of the Convention. Preventive and enforcement activities of the labour inspection services. With regard to its previous comments, the Committee notes the information provided by the Government in its report on the number of suspension and prohibition orders issued in workplaces posing a risk to the life and health of workers, which went from 63 sites in 2015 to six sites in the first semester of 2018, as well as the number of circulars sent to government bodies concerning the breaches of legislation detected and how to prevent them.

Furthermore, the Committee notes the decrease in reported accidents at work which went from 3,526 in 2009 to 2,011 in 2016 and then 343 in the first semester of 2018, and a decrease in the number of fatal occupational accidents that occurred during the same period, which fell from 208 in 2009 to 119 in 2016 and then 70 in the first semester of 2018. The Committee notes that the Government does not provide information on enforcement and prevention activities carried out after 2018. In this context, the Committee requests the Government to provide up-to-date information disaggregated by year on: (i) the enforcement activities conducted, including the number of violations detected and penalties imposed; (ii) the preventive measures carried out, including the number of orders issued to protect workers against threats to their safety and health; and (iii) the number of industrial accidents reported.

Article 3(1)(a) and (b). Primary functions of labour inspectors. Further to its previous comments, the Committee notes the information provided by the Government on the number of workers removed from their posts under section 49 of the Labour Code (which authorizes the suspension from work of workers on various grounds at the request of state labour inspectors), as follows: in 2015, 22,700 workers were suspended; in 2016, 41,000; in 2017, 40,700; and in the first semester of 2018, more than 7,700. The Committee also notes that during the period from 2015 to 2017, 962 employers received fines for breaching labour and occupational safety and health law, totalling BYN236,400 (US$71,676).

The Committee further notes the Government’s indication that periods of suspension from work are not remunerated, with the exception provided for in section 49 of the Labour Code, which states that when a worker is suspended for failing to undergo vocational training or an OSH knowledge assessment, or a medical examination or an alcohol or substance intoxication test, through no fault of his or her own, he or she receives remuneration for the entire period of suspension, in accordance with section 71(1) of the Labour Code. The Committee notes that according to the terms of section 49 of the Labour Code, the consequences incurred by workers as a result of their suspension under this provision vary depending on the reason for the suspension. However, it notes that the Government did not provide information on the OSH training and retraining provided to workers and the warnings issued.

Observing the apparent disparity in government disciplinary actions as between workers and employers during the period since 2015, and recalling once again that the primary function of labour inspectors is to protect workers and that it is the primary responsibility of employers to provide for a safe and healthy work environment, the Committee requests the Government to continue to provide information on the application of Article 3(1)(a) and (b) of the Convention in practice, including the number of infringements detected, the measures taken as a result (including in application of section 49 of the Labour Code), and the technical information and advice provided to employers and workers on the most effective means of complying with the legal provisions. It also once again requests the Government to provide information on the OSH training and retraining conducted for suspended workers.

Articles 5(a) and (b). Cooperation between the inspection services and other government services and employers and workers. Further to its previous comments, the Committee notes the Government’s indications that in accordance with section 2 of Presidential Decree No. 240 of 2010 on the Conduct of Public Oversight by Trade Unions, trade union representatives have the right to conduct public supervision in the form of inspections to monitor compliance with labour legislation and collective agreements. In this regard, the Government specifies that the performance of public supervision by a trade union does not preclude or postpone inspections carried out by state supervisory bodies, including on the same matters.

The Government further indicates that labour inspectors of the State Labour Inspection Department of the Ministry of Labour and Social Protection (MLSP) worked with trade union representatives to: (i) conduct special investigations on serious industrial accidents (302 investigations were conducted in the first semester of 2018; 481 in 2017; 530 in 2016; and 795 in 2015); and (ii) provide seminars and counselling sessions to inform workers about OSH legislation (607 initiatives were carried out in the first semester of 2018; 1,600 in 2017; 779 in 2016; and 742 in 2015). In addition, trade union representatives were involved in assessing the OSH knowledge of managers and specialist staff (16,800 managers and specialist staff were evaluated in the first semester of 2018; 30,200 in 2017; 23,500 in 2016; and 24,200 in 2015).

Concerning the status and conditions of trade unions inspectors, the Government indicates that trade union legal and technical labour inspectors are trade union employees (who must have a degree in law or technical subjects, accordingly). It also indicates that trade union inspectors do not have the power to impose sanctions on employers or to initiate administrative proceedings against officials who have committed infringements, as they are not state bodies specifically authorized to monitor or supervise compliance with labour legislation.

Regarding the manner in which trade union inspection visits are incorporated into the inspection schedule of the MLSP, the Government indicates that according to the Regulations of Presidential Decree No. 240 of 2010, inspection visits by union inspectors are scheduled taking into account the plans of control activities in the country. In this regard, if the inspection of an establishment by the State Labour Inspection Department is scheduled for the current year, the union may not include such establishment in its inspection schedule for the same period (section 9). The Committee requests the Government to continue providing information on the manner in which the activities of the trade unions concerning inspections supplement the activities of the labour inspection services, including information on how often and how rapidly serious violations identified by trade union inspectors are followed up and prosecuted by government labour inspectors.

Articles 10 and 11. Human and material resources available to labour inspection services. Further to its previous comments, the Committee notes the Government’s indication that the criteria applied to determine the number of labour inspectors are based on the workload of each inspector, taking into account the number of communications received and the number of organizations and workers in the geographical area they cover.

It also notes the Government’s information that there are 30 vehicles at the disposal of the inspectors of the State Labour Inspection Department, distributed among the central and the six regional services of the labour inspectorate. With reference to its comment below under Articles 20 and 21, the Committee requests the Government to provide up to date information on the number of labour inspectors and their geographical distribution and on the material resources available to them.

Article 12(1)(c)(iii). Enforcement of the posting of notices. Further to its previous comments, the Committee notes the Government’s reference to section 17 of the Occupational Safety and Health Law of 2008, which establishes the employer’s obligation to inform workers of their working and OSH conditions, including health risks and personal protective equipment provided. It also notes that the national legislation does not give effect to the power of inspectors to enforce the posting of notices required by the legal provisions. Recalling the importance of ensuring that employers and workers are clearly informed of their respective rights and obligations, and encouraged to abide by them, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that labour inspectors are empowered to enforce the posting of notices required by the legal provisions, in accordance with Article 12(1)(c)(iii).

Article 14. Notification to the labour inspection services of industrial accidents and cases of occupational diseases. Further to its previous comments, the Committee notes the Government’s indication that the procedure for the notification of occupational diseases is set out in the Rules for Investigating and Reporting Industrial Accidents and Occupational Diseases, adopted by Decision of the Council of Ministers No. 30 of 2004, under which employers and insurers are required to notify the territorial subdivision of the State Labour Inspection Department of acute fatal occupational diseases and simultaneous occupational diseases affecting two or more persons (section 62). The Committee notes the information provided by the Government in relation to the number of occupational diseases reported up to 2017. With reference to its comment below under Articles 20 and 21, the Committee requests that the Government provide up to date information on the number of industrial accidents and occupational diseases notified to the labour inspectorate.

Articles 20 and 21. Publication and communication to the ILO of an annual report on the work of the labour inspection services. The Committee notes the information contained in the Report on the review of the activities of labour inspectorates of the member States of the Euro-Asian Regional Alliance of Labour Inspections for the year 2022, which is published on the website of the State Labour Inspection Department. This report includes information on the number of inspection visits, the number of violations identified, and the penalties imposed. The Committee requests the Government to ensure that annual labour inspection reports are regularly published and communicated to the ILO, in accordance with Article 20 of the Convention, and that they contain information on all the subjects covered by Article 21(a)–(g), including on the number of labour inspectors (Article 21(b)), the number of workplaces liable to inspection and the number of workers employed therein (Article 21(c)) and the number of industrial accidents and cases of occupational diseases (Article 21(f) and (g)).

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 6, 12, 13 and 16 of the Convention. Limitations and restrictions on the powers of labour inspectors. The Committee notes that, according to the Decree of the President of the Republic of Belarus No. 376 of 2017 on measures to improve the activities of the control (supervisory) system, which entered into force on 1 January 2018, a number of limitations on the powers of labour inspectors and the undertaking of labour inspections are envisaged, including restrictions relating to: (i) the free initiative of labour inspectors (sections 1.1.9 and 1.1.11); (ii) the frequency of labour inspections (sections 1.1.7 and 1.1.10); (iii) the scope of inspections, particularly in terms of the issues that can be examined in the course of inspections (sections 1.1.9 and 1.1.11); and (iv) the power of labour inspectors to issue suspension orders in case of threat to life and health (section 1.1.6). The Committee recalls that Article 12 of the Convention provides that labour inspectors shall be empowered to enter workplaces liable to inspection freely and to carry out any examination, test or enquiry which they may consider necessary in order to satisfy themselves that the legal provisions are being strictly observed, while Article 16 provides that workplaces shall be inspected as often as is necessary to ensure the effective application of the relevant legal provisions. In addition, Article 13 empowers labour inspectors to adopt measures with immediate executory force in the event of imminent danger to the health or safety of the workers.

The Committee further notes that labour inspectors are subject to disciplinary liability, including dismissal and fines, for conducting inspections without justified reasons, for exceeding the time limit for conducting inspections, for requesting the production of documents if they are not related to the matters specified in the inspection order, and for taking samples for investigation in quantities exceeding the established limits (section 1.2). The Committee recalls that according to Article6, the inspection staff shall be composed of public officials who are independent of improper external influences. The Committee notes that as public servants, labour inspectors can only be dismissed for serious professional misconduct, which should be defined in terms that are as precise as possible to avoid arbitrary or improper interpretation (2006 General Survey on Labour Inspection, paragraph 203). The Committee requests the Government to indicate if Decree No. 376 of 2017 is still in force and, in such case, to take prompt measures to bring its national legislation into full conformity with the Convention.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 3, 5, 13, 14, 16, 17 and 18 of the Convention. Preventive and enforcement activities of the labour inspection services. The Committee previously noted that, between 2009 and 2011, there was a significant decrease in: (i) the number of labour inspections (from 19,000 to 11,200); (ii) the measures ordered to protect workers from threats to their safety and health, such as the suspension of work (from 714 to 164); and (iii) the number of infringements detected (from 232,000 to 101,600).

In this regard, the Committee notes that the Government, in reply to the Committee’s previous request on the reasons for this decrease, indicates that the reduction in the number of inspections is due to the fact that considerable attention is now being paid to preventive measures, including the provision of practical and methodical assistance to enterprises in ensuring safe working conditions, which has contributed to the falling trend in industrial injuries, and a reduced need for extra inspections in high-risk enterprises where the incidence of industrial accidents is most likely. The Committee also notes from the statistics provided in the Government’s report relating to 2014, that: (i) the number of labour inspections had continued to drop to 7,058; (ii) the measures ordered to protect workers from threats to their safety and health, such as the prohibition of work, increased slightly to 186; and (iii) the number of infringements detected dropped to 88,000.

While the Committee notes the information provided by the Government on the number of industrial accidents in 2013 and 2014, which show a decrease from 2,001 to 1,833, with a decrease in the number of fatal accidents from 168 to 148, the Committee notes that no statistics on industrial accidents were provided during the period from 2009 to 2012. The Committee recalls that an appropriate balance needs to be struck between the advisory functions of labour inspection, and its enforcement functions. These functions should be regulated and balanced as part of a comprehensive compliance strategy. While the Committee notes the many actions that were undertaken aimed at preventing industrial accidents and cases of occupational disease, it also recalls that sanctions remain an important element for effective labour law compliance. It observes that the possibility of labour inspectors imposing sanctions, where these are merited and warranted to deter future violations, constitutes an important component of any preventive strategy. The Committee requests that the Government continue to provide statistics regarding the preventive measures (ordered to protect workers against threats to their health and safety) and enforcement activities of the labour inspection services (such as the violations detected and the penalties imposed). The Committee also requests that the Government provide information on the number of industrial accidents from 2009 to 2012, and during the next reporting period.

Article 3(1)(a) and (b). Primary functions of labour inspectors. The Committee previously noted that, pursuant to section 49 of the Labour Code, employers must, at the request of authorized state bodies, suspend any workers who: (i) report for work in a state of intoxication from alcohol or drugs; (ii) who have failed to validate their knowledge of safety at work; (iii) who fail to use the necessary individual protective equipment required for safety; or (iv) who have failed to undergo medical examination in the instances laid down in the law, etc. Moreover, it noted that in accordance with sections 9(9) to 9(11) of Decision No. 959 of 29 July 2006 on the Regulations of the State Labour Inspection Department, labour inspectors may demand from employers the suspension of the workers from work in cases where they did not undergo the knowledge assessment on labour protection or a medical examination. The Committee further noted that the Labour Inspection Department may undertake administrative proceedings against persons who allow workers to work in a state of alcoholic or narcotic intoxication or in a state of ill health which would usually prevent the performance of work. It also noted that, according to section 9(17) of the Administrative Offences Code, Act No. 194 of 21 April 2003 (revised on 13 July 2012) employers or persons responsible for compliance with OSH provisions who fail to comply with these provisions are liable to a fine. The Committee also notes that while the number of workers that were removed from their posts pursuant to section 49 of the Labour Code was 12,535 in 2011, this number has now increased to over 21,000 people in 2014. Recalling that the primary function of labour inspectors is to protect workers and that it is the primary responsibility of employers to provide for a safe and healthy work environment, the Committee requests that the Government continue to provide statistical information on the application of Article 3(1)(a) and (b) in practice, including on the number of infringements detected and the measures taken as a result (removal of workers from their post, penalties imposed, etc.). In particular, the Committee requests the Government to provide information on the consequences incurred by workers as a result of their removal by labour inspectors (such as their (re)-training on OSH, the entitlement to wages during the time of their removal, disciplinary measures, warnings, penalties, etc.).

Articles 5(a) and (b) and 9. Cooperation between the inspection services and other government services and employers and workers. The Committee notes the information provided by the Government in reply to its previous request concerning the association of and cooperation with other specialist inspection services (such as electrical and fire inspection services). The Committee recalls from its previous comment that, according to sections 18 and 63 of Decree No. 30 of the Council of Ministers (2004) (Rules of Investigation), trade unions or other representatives of workers’ organizations shall participate in the investigation of industrial accidents and cases of occupational diseases. The Committee notes that the Government confirms that trade unions exercise public supervision of compliance with the requirements of labour protection, and that in 2014, trade union technical inspectors carried out 7,226 inspections and monitoring visits, as a result of which employers were recommended to eliminate over 64,000 violations, and to refrain from using 1,575 units of machinery and other manufacturing equipment that had posed a threat to the lives and health of workers. Recalling that enforcement functions should be primarily assumed by labour inspectors who are properly trained and have the status and conditions of service guaranteeing their independence and impartiality, the Committee requests that the Government provide information on the manner in which the activities of the trade unions in inspection supplement the activities of the labour inspection services. In this regard, the Committee also requests that the Government provide information on the status and conditions of trade unions inspectors, whether they have the power to issue sanctions for non compliance, as well as the manner in which their inspection visits are fed into the schedule of inspection of the Ministry of Labour and Social Protection.

Articles 10 and 11. Human and material resources available to labour inspection services. The Committee notes that while the Government has communicated the requested information on the number of labour inspectors (225 in 2014) and their geographical distribution, no information has been provided on the information requested concerning the number of vehicles and their distribution throughout the central and regional services of the labour inspectorate. The Committee once again requests the Government to indicate the precise number of vehicles available to labour inspectors and to specify their distribution throughout the central and regional services of the labour inspectorate. It also once again requests that the Government indicate the criteria applied in fixing the number of labour inspectors.

Article 12(1)(c)(i) and (iii). Inspection prerogatives. The Committee notes the Government’s response regarding the powers of labour inspectors as detailed in Decree No. 144 of 2009 (regulations), implementing Decree No. 510 of 2009, establishing the methods for controlling compliance with labour law and labour protection law. According to the Government, these regulations enumerate the methods available for labour inspectors, including the power to interrogate during inspection visits, alone or in the presence of witnesses, the employer or the staff of the undertaking on any matters concerning the application of the legal provisions. However, the Committee also notes that the regulations do not provide labour inspectors with the power to enforce the posting of notices, as provided in Article 12(1)(c)(iii) of the Convention. The Committee accordingly requests that the Government provide information on the legislation which gives effect to Article 12(1)(c)(iii) of the Convention.

Article 14. Notification of the labour inspection services of industrial accidents and cases of occupational diseases. The Committee notes the information provided by the Government in reply to its previous request concerning the procedure for the notification of industrial accidents to the labour inspection services as well as their investigation, and the requested information on the number of industrial accidents. However, the Committee also notes that the Government has not provided such information in relation to occupational diseases and that no statistical information on occupational diseases is available. The Committee requests that the Government provide information on the procedure for the notification of occupational diseases as well as statistics on the number of occupational diseases reported.

Articles 20 and 21. Publication and communication to the ILO of an annual report on the work of the labour inspection services. The Committee notes that once again, no annual report on the work of the labour inspection services has been received by the Office, despite the reiterated requests of the Committee since 2009 to communicate such reports to the Office. The Committee considers that such communication should be possible for the Government, since the Government has provided statistical information on four out of the seven subjects listed in Article 21(a)–(g) in its report, and since the Government reiterates that statistical information on labour inspection activities is regularly published at the national level. The Committee therefore urges the Government to take measures to ensure that an annual report is published by the central inspection authority containing information on each of the subjects listed in Article 21, namely the staff of the labour inspection service, statistics of workplaces liable to inspection and the number of workers employed therein, statistics of inspection visits, violations and penalties imposed, and statistics of industrial accidents and occupational diseases.

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

Legislation. The Committee notes the Government’s information that, by Council of Ministers Resolution No. 982 of 29 June 2010, the National Programme to improve conditions of work and occupational safety and health (OSH) has been approved for the years 2011–15. The Committee would be grateful if the Government would provide a copy of the National OSH Programme for 2011–15. Furthermore, the Committee requests the Government to provide a copy of the following legal texts if possible, in one of the working languages of the ILO: (i) Ministry of Labour and Social Protection Decree No. 22 of 27 December 2001 on the State Labour and Social Protection of the Republic of Belarus (in its amended version); and (ii) Council of Ministers Resolution No.1236 of 10 August 2000 approving the Regulations on the State Sanitary Supervision (in its amended version).

Articles 3, 5, 13, 14, 16, 17 and 18 of the Convention. Labour inspectors’ work in the area of OSH. 1. Preventive activities (information and advice). The Committee notes with interest the information in the Government’s report on the numerous educational activities carried out by the labour inspectorate in 2011, aimed at improving compliance with OSH and labour standards and preventing industrial accidents. These activities included awareness-raising in the area of OSH through radio, television and media programmes, cinema and video films, handbooks, posters, and advertisements in areas and transports. The labour inspectorate also participated in a very high number of discussions on OSH issues on the occasion of various seminars, conferences and meetings, amongst others with local governments, executive and administrative bodies.

In this regard, the Committee notes in particular the establishment of basic OSH centres and 4,039 OSH offices and desks for the provision of information and advice to enterprises and the publication of awareness-raising material, as well as the conduct of knowledge tests on OSH for 39,900 employers or their representatives, OSH officials, OSH experts, members of OSH committees and other persons concerned. The Committee further notes the publication of documents with concrete proposals for the prevention of fatal and serious industrial accidents, typical risks and risks in highly dangerous work, based on the analysis of the circumstances and causes of accidents, which were sent to the governmental bodies concerned and published on the internet.

The Committee asks the Government to continue to provide information on the measures taken to ensure the provision of information and advice to employers and workers by the labour inspectorate in the area of OSH during the period covered by its next report, including the work of the newly established OSH centres and in the area of the prevention of cases of occupational diseases, and the collaboration between the labour inspectorate and employers and workers in this regard. It would be grateful if the Government would provide information on the impact in practice of these measures, particularly in relation to the number of industrial accidents and cases of occupational diseases.

2. Supervision and enforcement. The Committee notes the information in the Government’s report according to which the labour inspectorate carried out over 11,200 inspections in 2011, as well as the Government’s indication in its 2009 report, that some 19,000 inspections are normally carried out every year. It understands from the statistics provided in the Government’s report, that there has been a significant decrease (more than 50 per cent) in the number of infringements of labour and OSH provisions reported from 2009 to 2011 (232,000 in 2009 and 101,600 in 2011). It further notes the information in the Government’s report according to which work was prohibited in 164 industrial enterprises (as opposed to 714 industrial enterprises in 2009) for infringements of OSH legislation, and that the suspension of operation of 4,200 items of machinery and equipment was ordered (13,000 in 2009), which represented a threat to the workers’ lives and health. Moreover, 5,841 persons and 1,869 employers were convicted of administrative offences relating to OSH legislation and consequently fined. The Committee requests the Government to provide information as to the reasons for the decrease in the number of inspections and infringements detected, as well as the measures with immediate executory force ordered in the event of a threat to the health or safety of workers. Moreover, since the Government has not provided the requested information in this regard, the Committee once again asks the Government to indicate the penalties for breaches of OSH provisions and to provide copies of any relevant legal text, if possible, in one of the working languages of the ILO.

3. Labour inspectors’ authority to issue injunctions in the event of imminent danger. The Committee previously noted that, pursuant to section 49 of the Labour Code, employers must, at the request of authorized state bodies, suspend any workers who: (i) report for work in a state of intoxication from alcohol or drugs; (ii) who have failed to validate their knowledge of safety at work; (iii) who fail to use the necessary individual protective equipment required for safety; or (iv) who have failed to undergo medical examination in the instances laid down in the law, etc., and that 16,131 workers were withdrawn from their duties in 2009.

The Government indicates, in relation to the Committee’s previous request on whether employers also bear part of the responsibility for the non-compliance of workers with the abovementioned requirements, that the Labour Inspection Department may undertake administrative proceedings against persons who allow workers to work in a state of alcoholic or narcotic intoxication or in a state of ill health which would usually prevent the performance of work. According to article 9.17 of the Administrative Offences Code, Act No.194 of 21 April 2003 (revised on 13 July 2012), pertaining to the contravention of OSH regulations, employers or persons responsible for compliance with OSH provisions and who fail to comply with these provisions are liable to a fine of 10 to 15 times the base factor (100,000 rubles as of 1 April 2012), and legal persons up to 300 times the base factor. Such acts, if repeated within one year of the administrative investigation into the first offence, are subject to a fine of 30 to 55 times the base factor, and in the case of legal persons, of 100 to 500 times the base factor.

Moreover, the Committee notes that sections 9.9 to 9.11 of Decision No. 959 of 29 July 2006 on the Regulations of the State Labour Inspection Department provide that labour inspectors have the right to give the employers binding instructions with regard to the elimination of violations of the labour legislation; demand from the employers the suspension of the employees from work in cases where they did not undergo the knowledge assessment on labour protection or a medical examination; and suspend the work of organizations and their machines or equipment in cases where they endanger the life and health of the employees. The Committee finally notes from the Government’s report, that in 2011, 12,535 workers were removed from their posts, and disciplinary proceedings were undertaken against 5,543 persons, of whom 226 were dismissed. The Committee requests the Government to continue to provide statistical information on the application of these provisions in practice, including on the number of infringements detected and the penalties imposed.

Articles 5(a) and 9. Cooperation between the inspection services and other government services and employers and workers. Cooperation of specialists and technical experts in the work of labour inspectors. The Committee notes with interest the information in the Government’s report concerning the cooperation of the labour inspection services with other supervisory bodies (the Ministry of Emergency Situations, the State Energy Control Agency, the State Fire Control Service and the State Vehicle Inspection Service, etc.), for instance through the exchange of data (systematic notification of the labour inspectorate by these bodies on contraventions of OSH legislation), joint investigations and the investigation of industrial accidents, as well as their result.

In this regard, the Committee notes that section 8.2 of the of the Regulations on the organization and conduct of investigations, approved by Decree No. 510 of 16 October 2009, empowers labour inspectors to engage, as required, the specialists and employers concerned in carrying out inspections of OSH, as well as the Government’s information that, by virtue of these Regulations, control and supervisory bodies have the right to engage experts on a contractual basis, if scientific, technical, artistic, industrial or any other special knowledge is needed to resolve questions arising in the course of inspections. With reference to paragraph 198 of the 2006 General Survey on Labour Inspection where the Committee has emphasized that, national conditions permitting, it is desirable that technical advisers or specialists be integrated into the labour inspection teams, the Committee requests the Government once again to specify the number of experts and specialists called upon to provide supports to the inspection services or invited to participate in investigations, and to indicate their specialization (such as medicine, engineering, chemistry, etc.) and distribution throughout the structures of the labour inspectorate. Please provide information on the extent to which technical experts and specialists are associated in the work of the labour inspection services, and provide practical examples of their association and the results attained.

Articles 10 and 11. Human and material resources available to labour inspection services. The Committee notes the Government’s information that 90 per cent of the labour inspectorate at the district level has motor vehicles in order to carry out their duties. When inspecting within their normal areas of competence, State labour inspectors are reimbursed the travel and subsistence expenses following the conditions and procedures as set out in the Instructions on the procedures and amounts of reimbursement for official travel and subsistence within the borders of Belarus, approved by Order No. 35 of 12 April 2000 of the Ministry of Finance. For stays away from the regular area of competence of the labour inspectors, per diems are paid to cover additional personal expenses, the amount also being determined by the Ministry of Finance. The Committee once again asks the Government to indicate the precise number of vehicles available to labour inspectors and to specify their distribution throughout the territorial and regional structure of the labour inspectorate. The Committee would be grateful if the Government would provide the Office with a copy of the Instructions on the procedures and amounts of reimbursement for official travel and subsistence within the borders of Belarus, approved by Order No. 35 of 12 April 2000, if possible, in one of the working languages of the ILO.

With regard to the difference between the number of inspection visits in 2011 (that is, 11,200) and the regular annual inspection visits (19,000) indicated by the Government above, the Committee would be grateful if the Government would indicate the current number of labour inspectors working in the provincial and district offices of the labour inspectorate. It once again requests the Government to indicate the criteria applied in fixing the number of labour inspectors and to take steps to ensure the availability of the requisite data on workplaces liable to inspection.

Article 12(1)(c)(i) and (iii). Inspection prerogatives. Interrogations and enforcement of the posting of notices. While the Committee takes due note of the powers and prerogatives of labour inspectors set out in Decision No. 959 of 29 July 2006 on the Regulations of the State Labour Inspection Department, it observes that these Regulations do not entrust labour inspectors with the power to interrogate during inspection visits, alone or in the presence of witnesses, the employer or the staff of the undertaking on any matters concerning the application of the legal provisions, as required by Article 12(1)(c )(i) of the Convention, and to enforce the posting of notices required by the legal provisions, as provided in Article 12(1)(c)(iii). While the Committee observes that labour inspectors have the power to interrogate a victim in the course of a so-called special investigation of industrial accidents (group accidents, fatal accidents or grave accidents), by virtue of section 50 of Regulations 5/13691 (on the investigation and recording of industrial accidents and occupational diseases), it notes that the Government has not provided the requested information on how effect is given, in national law and practice to the requirement in Article 12(c)(i) to provide labour inspectors with the power to interrogate during inspection visits, alone or in the presence of witnesses, the employer or the staff of the undertaking on any matters (and not only in matters relating to industrial accidents) concerning the application of the legal provisions. The Committee accordingly requests the Government once again to supply the ILO with detailed information on the legislation which gives effect to Articles 12(c)(i) and (iii) of the Convention. If no relevant legal provisions exist, it urges the Government to adopt measures for these purposes so as to give effect to these Articles in national legislation, and to keep the ILO informed of any progress made.

Articles 5(a)–(b) and 14. Notification of the labour inspection services of industrial accidents and cases of occupational diseases. The Committee notes that under the Regulations 5/13691 on the investigation and recording of industrial accidents and occupational diseases, employers are required to inform the labour inspectorate of cases of group accidents, fatal accidents and grave accidents (section 41) and acute fatal occupational diseases and simultaneous diseases of two or more persons (section 62). Furthermore, under the terms of sections 23, 25, 63 and 65 of these Regulations, employers are required to conduct investigations into industrial accidents, and sanitary engineers of the territorial centres of hygiene and epidemiology are required to conduct investigations into cases of occupational diseases. After the respective investigations, a report has to be established and sent to the labour inspectorate.

In this regard, the Committee notes that, according to sections 18 and 63 of the abovementioned Regulations, trade unions or other representatives of workers’ organizations shall participate in the investigation of industrial accidents and cases of occupational diseases. The Committee also notes that according to sections 45 and 63 of the Regulations, labour inspectors shall participate in investigation of so-called “special” investigations, i.e. industrial accidents that are either group accidents, fatal accidents or grave accidents, and in investigations of cases of occupational diseases of two or more employees and fatal occupational diseases.

Finally, the Committee notes that section 15 of the Regulations provides that the supervision and control over the correct and timely investigation, documentation and recording of industrial accidents and occupational diseases shall be exercised by the State Labour Inspection Department, as well as the central bodies of the state administration and other public agencies under the authority of the Government of the Republic of Belarus, local executive and regulatory bodies.

The Committee requests the Government to provide an evaluation of the functioning of the notification of industrial accidents and cases of occupational diseases to the labour inspection services, to indicate the number of industrial accidents and cases of occupational diseases reported to the labour inspection services during the next reporting period, and to ensure that the central inspection authority includes such data in future annual reports on the work of the labour inspection services.

Please also provide information on the number of investigations carried out by labour inspectors, as well as their results (relevant decisions taken, etc.), as well as details on the modalities under which the labour inspectorate collaborates with the trade unions or workers’ representatives in the investigation of industrial accidents and cases of occupational diseases. The Committee would be grateful if the Government would provide information on how the labour inspection services exercise their control activities with regard to section 15 of the Regulations 5/13691 on the investigation and recording of industrial accidents and occupational diseases.

Articles 20 and 21. Publication and communication to the ILO of an annual report on the work of the labour inspection services. The Committee notes the Government’s information that the State Labour Inspection Department submits a report on “Compliance with labour legislation, the situation of occupational safety and health in industry” to the Belarus Council of Ministers every year. This report is also sent to national governmental departments, provincial executive committees, and the Minsk City Council for exchanging information and to assist them in their work. Moreover, every year, the State Labour Inspection Department informs the Government on the situation concerning serious industrial injuries. Finally, information on data relating to the supervisory work of the State Labour Inspection Department is published twice a year in the Journal on Occupational Safety and Health and Social Security. The Committee recalls, however, that under Article 20 of the Convention, the central inspection authority should publish an annual report on the work of the inspection services and communicate a copy of it to the ILO (within a reasonable period). The Committee therefore urges the Government to take measures to ensure that an annual report is published by the central inspection authority containing information on each of the subjects listed in Article 21, namely the staff of the labour inspection service, statistics of workplaces liable to inspection and the number of workers employed therein, statistics of inspection visits, violations and penalties imposed, specifying the relevant legal provisions, and statistics of industrial accidents and occupational diseases. It once again requests the Government to keep the Office informed of progress made in this respect in its next report.

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

The Committee notes the Government’s report received at the Office on 21 October 2010.

Legislation. The Committee notes that Council of Ministers Decree No. 332 of 11 April 1997 on matters within the remit of the Labour Inspection Committee was repealed in 2001 when that committee was abolished and the State Labour Inspection Department was set up under the Ministry of Labour and Social Protection. The Committee once again asks the Government to state whether the following legal texts are still in force and, if so, to provide a copy of them: (i) Ministry of Labour and Social Protection Decree No. 22 of 27 December 2001 on the State Labour Inspection Department of the Ministry of Labour and Social Protection of the Republic of Belarus; (ii) Council of Ministers Decree No. 1589 of 31 October 2001; (iii) Council of Ministers Decree No. 1236 of 10 August 2000 on the health inspection regulations; (iv) Council of Ministers Decree No. 26 of 10 January 1998 on the energy inspection regulations; (v) Council of Ministers Decree No. 377 of 18 June 1997 on the regulations concerning inspection of the technical status of tractors, irrigation, road building and agricultural machinery and equipment of collective farms and other cooperatives, state farms, enterprises, organizations, farmers’ households and citizens (technical inspection); (vi) Council of Ministers Decree No. 572 of 13 October 1995 on the Regulations regarding Labour Inspection in Industry and Nuclear Power Engineering. The Committee would also be grateful if the Government would indicate whether the National Programme for the Improvement of Working Conditions 2006–10 (Council of Ministers Decree No. 905 of 16 August 2005), has been superseded by a new programme and, if so, to provide a copy of the latter.

Article 3 of the Convention. Functions of the labour inspection system. The Committee notes from the Government’s report that the labour inspectorate appears to be largely responsible for supervision both of matters related to occupational safety and health and of employment relations and work contracts. Where civil contracts, including contracts for the performance of work of the provision of services or intellectual creations are not registered, the labour inspectorate may impose fines of up to 10 per cent of the amount of the contract. The Committee requests the Government to indicate the nature, purpose and proportion of the labour inspectorate’s activities that are related to the subject of civil contracts in relation to other activities under this Convention and to provide relevant data.

Articles 3, 13, 14, 16, 17 and 18. Labour inspectors’ work in the prevention and supervision of occupational safety and health. The Committee notes the information that in 2009 the labour inspectorate carried out various educational activities including seminars, meetings, workshops, radio, television and other media programmes for the purpose of improving the qualifications of occupational safety and health managers and specialists in enterprises. It also notes that in the course of 2009, 232,000 breaches of occupational safety and health provisions were identified; 13 factories, 714 industrial sites and 13,000 facilities, machines and other items of industrial equipment which were a danger to the life and health of the workers were closed down; 5,484 persons were fined for administrative offences, and disciplinary proceedings were brought against 5,301 persons responsible for breaches of the labour legislation. The Committee requests the Government to continue to provide information on the labour inspectors’ work in the area of occupational safety and health, including the number of inspections conducted and offences reported, the areas of law concerned, the proceedings brought and the penalties imposed. It would also be grateful if the Government would indicate the penalties for breaches of occupational safety and health provisions and to provide copies of any relevant legal texts together with information on any measures taken to ensure that the labour inspectorate is informed of occupational accidents and cases of occupational disease, as required by Article 14 of the Convention.

The Committee notes the high number of breaches of legislation related to occupational safety and health reported by the labour inspection as well as the high number of fines imposed and disciplinary proceedings initiated. With reference to Article 3(1)(b) of the Convention, it recalls that the primary duties of labour inspectors include not only the enforcement of legislation but also the provision of technical information and advice to employers and workers concerning the most effective means of complying with legal provisions. It also notes with reference to Paragraph 7 of the Labour Inspection Recommendation, 1947 (No. 81), that the labour inspectorate should take appropriate measures to ensure that employers and workers are given advice and instruction in labour legislation and questions of industrial hygiene and safety by such measures as lectures, radio talks, posters, pamphlets and films explaining the provisions of labour legislation and suggesting methods for their application and measures for preventing industrial accidents and occupational diseases. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure the provision of information and advice to employers and workers, notably through information and awareness-raising campaigns, in the area of occupational safety and health.

Labour inspectors’ authority to issue injunctions in the event of imminent danger. The Committee notes that according to the Government, when the Labour Inspection Department notes breaches of the safety and health legislation that threaten the life, health and work capacity of workers, it so informs the competent national authorities so that they may take measures to suspend the effect of special permits, licences, certificates and accreditations and cancel attestations and certificates. The Committee points out that, as it said in paragraphs 112 and 114 of its 2006 General Survey, in the event of imminent danger, measures with immediate effect should be ordered by labour inspectors or the competent authority at the request of labour inspectors. The Committee notes in this regard that, according to the Government, 16,131 workers were withdrawn from their duties in 2009 at the demand of labour inspectors, pursuant to section 49 of the Labour Code. Under that provision, at the request of authorized state bodies, employers must suspend any workers who report for work in a state of intoxication from alcohol or drugs; or who have failed to validate their knowledge of safety at work; or who fail to use the necessary individual protective equipment required for safety; or who have failed to undergo medical examination in the instances laid down in the law, etc. Given the high number of workers withdrawn from their duties at the demand of labour inspectors pursuant to section 49 of the Labour Code, the Committee requests the Government to indicate whether sanctions are imposed against employers who allow employees to work in a state of intoxication or in cases where employers also bear part of the responsibility for the failure of workers to use their protective equipment or undergo medical examinations. The Committee would be grateful if the Government would indicate the other cases in which labour inspectors have the authority to make or to have made orders with immediate executory force in the event of imminent danger to the health or safety of the workers as a preventive measure.

Articles 8, 9 and 10. Labour inspection staff and collaboration of experts. The Committee notes the information sent by the Government on the number of inspectors by region. It notes that women account for 27.4 per cent of labour inspectorate staff and for over 45 per cent at headquarters and in the town of Minsk. Furthermore, the Committee notes with interest that women hold posts at various levels of management. The Committee once again requests the Government to indicate the criteria applied in fixing the number of labour inspectors and to take steps to ensure the availability of the requisite data on workplaces liable to inspection under this Convention.

The Committee notes that the Ministry of Labour and Social Protection has the authority to hire experts and specialists to assist with inspection services, participate in specific activities or give their opinion on inspection-related issues. The Ministry may furthermore invite specialists and employers to take part in investigations on safety and health conditions. The Committee would be grateful if the Government would provide further details on such collaboration, specifying the number of experts and specialists called upon to provide support to the inspection services or invited to participate in investigations during the period covered by the Government’s report, and indicating the geographical distribution in the areas of specialization. Please also provide information on the impact of this collaboration on the effectiveness of inspections.

Article 11. Resources available to labour inspection services. Noting the information supplied by the Government following its previous request on this subject, the Committee once again asks the Government to inform the Office about the impact of the improvement of transport facilities and office equipment on the coverage and efficiency of the labour inspectorate. It would also be grateful if the Government would indicate the number of vehicles available to labour inspectors and specify their distribution between provincial and district offices. The Government is also asked to provide copies of the forms used for the reimbursement of inspectors’ travel costs and other outlays incurred in duty travel.

Article 12(1)(c)(i) and (iii). Inspection prerogatives. Interrogations and enforcement of the posting of notices. The Committee notes that no information has been supplied on the legislation adopted to empower inspectors to interrogate during inspection visits, alone or in the presence of witnesses, the employer or the staff of the undertaking on any matters concerning the application of the legal provisions, as required by Article 12(1)(c)(i) of the Convention and to enforce the posting of notices required by the legal provisions, as provided in Article 12(1)(c)(iii). The Committee accordingly asks the Government once again to provide information on the legal provisions that give effect to Article 12(1)(c)(i) and (iii) of the Convention and to send copies of any relevant texts. If there are no such provisions in the law, the Government is asked to take steps to remedy the matter and to keep the ILO informed of all developments.

Articles 20 and 21. Publication and communication to the ILO of an annual report on the work of the inspection services. The Committee notes the statistical information supplied by the Government on the work of the Department of State Labour Inspection. It further notes that, according to the Government, data on fatal injuries in industry are published every month on the website of the Ministry of Labour and Social Protection, and that quarterly statistical data on the supervisory work of the Department of State Labour Inspection are posted on the same site, and published every six months in the Occupational Safety and Health and Social Protection Review. The Committee draws the Government’s attention to the indications given in Part IV of the Labour Inspection Recommendation, 1947 (No. 81), as to the amount of detail that can usefully be included in the information required by Article 21(a)–(g) of the Convention. The Committee would be grateful if the Government would take steps to ensure that an annual report is published by the central inspection authority containing information on each of the subjects listed in Article 21, namely the staff of the labour inspection service, statistics of workplaces liable to inspection and the number of workers employed therein, statistics of inspection visits, violations and penalties imposed, specifying the relevant legal provisions, and statistics of industrial accidents and occupational diseases. It requests the Government to keep the Office informed of progress made in this respect in its next report.

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

The Committee takes note of the Government’s report received on 24 September 2008. It notes with interest the issuance by the Council of Ministers of the Republic of Belarus of Decree No. 959 on the Department of State Labour Inspection at the Ministry of Labour and Social Security. The Committee would be grateful if the Government would clarify whether and, if so, to what extent, Decision No. 332 of the Council of Ministers of 11 April 1997 on the issues covered by the Labour Inspection Committee remains in force.

Noting that none of the following legal provisions has been sent to the ILO, the Committee would be grateful if the Government would communicate to the ILO a copy of those still in force:

–      Decree No. 905 of the Council of Ministers of 16 August 2005, on the National Programme to Improve Conditions of Work for 2006–10.

–      Decree No. 1589 of the Council of Ministers of 31 October 2001.

–      Decree No. 22 of the Ministry of Labour and Social Protection of 27 December 2001 on the Department of State Labour Inspection of the Ministry of Labour and Social Protection of the Republic of Belarus.

–      Decision No. 572 of the Council of Ministers of 13 October 1995 approving the Regulations on the State Inspection of Works in Industry and Nuclear Power Engineering.

–      Decision No. 332 of the Council of Ministers of 11 April 1997 on the issues covered by the Labour Inspection Committee.

–      Decision No. 377 of the Council of Ministers of 18 June 1997 approving the Regulations on the State Inspection of the Technical State of Tractors, Irrigation, Road-building and Agricultural Machinery and Equipment of Collective Farms and Other Cooperatives, State Farms, Enterprises, Organizations, Farmers’ Households and Citizens (State Technical Inspection).

–      Decision No. 26 of the Council of Ministers of 10 January 1998 approving the Regulations on the State Energy Inspection.

–      Decision No. 1236 of the Council of Ministers of 10 August 2000 approving the Regulations on the State Sanitation Inspection.

Articles 8, 9 and 10 of the Convention. Labour inspection staff. The Committee notes with interest in reply to its previous direct request the general information on the numbers and distribution of labour inspection staff, as well as the number and distribution of workers by economic activity. The Committee would like to emphasize the importance for the labour inspectorate to have at its disposal updated data on the industrial and commercial workplaces liable to labour inspection, so as to be able to assess its coverage rate with a view to improving it. Consequently, the Committee once again asks the Government to indicate the criteria used for determining the number of labour inspectors, to take measures and to ensure the availability of the requested data on the workplaces liable to inspection under this Convention.

The Committee would also be grateful if the Government would provide detailed information on the current ratio between men and women in the labour inspection staff, on the measures taken to ensure that duly qualified technical experts and specialists are associated in the work of inspection and on the geographical distribution of the inspection staff.

Article 11. Logistical and material resources available to labour inspection services. In its report received in October 2006, the Government indicated that considerable transport utilities and office equipment were allocated to state labour inspectors to carry out their functions. The Committee would be grateful if the Government would describe the transport facilities and office equipment available for state labour inspectors, and any subsequent arrangements made as to the manner in which travel expenses are reimbursed to labour inspectors. It also requests the Government to inform the ILO of the impact of the strengthening of transport facilities and office equipment on the coverage and efficiency of the labour inspectorate.

Article 12, paragraph 1(c)(i) and (iii). Inspection prerogatives. The Committee requests the Government to supply the ILO with detailed information on the legislation which gives effect to paragraphs 1(c)(i) relating to interrogations and (iii) relating to the obligation to post notices. If no relevant legal provision exists, it requests the Government to adopt measures for these purposes, and to keep the ILO informed of any progress made.

Article 18. Enforcement of adequate penalities. In an article published by the Government in the journal of “Protection of Labour and Social Security” (No. 3, 2008) and communicated to the ILO, the Government indicates that new measures have been adopted to ensure the right of employees to safe conditions of work and the responsibility of employers and other officials for the infringement of the labour legislation. The Committee would be grateful if the Government would provide detailed information on the abovementioned measures and their impact on labour inspection activities.

Articles 20 and 21. Annual report on labour inspection. The Committee notes the indication by the Government that in accordance with Decree No. 905 of the Belarus Council of Ministers referred to above, the annual report on compliance with labour legislation and the state of occupational safety and health in 2007 was submitted in April 2008 to the Belarus Council of Ministers, national state authorities and other government agencies, oblast executive committees and the Minsk City Council for analysis and the adoption of measures to prevent breaches and reduce industrial injuries and occupational diseases. The Committee hopes that the annual report will soon be published and communicated to the ILO, and that future annual reports will also be published and communicated to the ILO on a regular basis as required by Article 20. It also hopes that the report will contain the data required on each of the items enumerated in Article 21, as well as particulars on labour inspection activities to combat child labour.

Parts III to VI of the report form. The Committee would be grateful if the Government would supply, as requested under Parts III to VI of the report form, detailed information to the ILO and a copy of relevant documents on the manner in which effect is given to the Convention, and if it would indicate any comments made by representative employers’ or workers’ organizations to which the Government’s report has been sent.

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

Articles 10 and 21(b) and (c) of the Convention. Staff of the labour inspectorate and content of the annual inspection report. The Committee refers the Government to its observation and asks it to indicate the criteria for determining the number of labour inspectors and to state whether account is taken of the workplaces liable to inspection and the number of workers concerned. While noting the detailed statistical information in the report of the Department of State Labour Inspection, published in the review “Occupational safety and health and social protection” in 2006, the Committee asks the Government to ensure that the report also contains statistics on the composition of the inspectorate, the workplaces liable to inspection and the workers employed in them.

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

Articles 6 and 11 of the Convention. Conditions of service of inspectors and means of action available to the labour inspectorate. Further to its previous comments on the need to offer pay and working conditions able to attract and maintain in the profession staff who are competent and have the necessary independence to perform their duties, the Committee notes with satisfaction from the Government’s report received in October 2006 that labour inspectors’ salaries were increased by 21 per cent in 2005, that certain allowances for conditions and length of service have also been increased and that incentives are provided for state inspectors to upgrade their skills. The Committee notes with interest that the amount of resources allocated to duty travel and inspection trips was increased in 2006, and that considerable resources were allocated to improving material and technical equipment, including the renewal of the service vehicles and the purchase of modern computer and office equipment. It hopes that the Government will be able to continue to take measures for the improvement of labour inspectors’ conditions of service and work, given the country’s other priorities and in accordance with the availability of resources, and that it will keep the Office informed.

A request on another point is being addressed directly to the Government.

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

The Committee notes the Government’s report and the information provided in reply to its previous request, as well as Decree No. 694, of 29 May 2002, approving the regulations on state expert authorities respecting employment conditions, provided by the Government. It requests the Government to continue supplying detailed information on the application of the Convention, with particular reference to the following points.

1. Publication of an annual report. The Committee notes the report on the application of the labour legislation and the situation with regard to occupational safety in industry in 2003 which, it notes, contains the statistics required under Article 21 of the Convention. The Committee notes the indication that this report is published in the review "Occupational safety and social protection". It requests the Government to provide future editions of this publication which reproduces the annual report, in accordance with Article 20 of the Convention.

2. Human and other resources of the labour inspectorate. The Committee notes that the annual report mentions that there was a significant increase in spending on occupational safety in 2003. The Committee reminds the Government of its interest in receiving more detailed information on the public resources allocated for the operation of the inspection system. It requests the Government to supply more detailed information on all measures taken or envisaged to ensure that the salaries and employment conditions of labour inspectors are sufficiently attractive to ensure the recruitment and maintenance in the profession of competent staff enjoying the required independence (Articles 6 and 7 of the Convention), as well as furnishing the material resources necessary for the performance of their duties (Article 11).

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

The Committee notes the Government’s reports and the replies to its previous comments. It draws the Government’s attention to the following points.

Article 3, paragraph 1(b), of the Convention. The Committee observes that labour inspectors do not appear to have responsibility for the function referred to in this provision, namely supplying technical information and advice to employers and workers concerning the most effective means of complying with legal provisions. The Committee points out that this function is one of the means available to labour inspectors to fulfil their preventive duties and create a climate conducive to a concerted endeavour to meet the objectives of the Convention. The Committee would therefore be grateful if the Government would ensure that effect is given to this important provision of the Convention, and keep the Office informed of progress in this area.

Articles 6, 7 and 11. With reference to its previous comments on the conditions of service, qualifications and working facilities of labour inspectors, the Committee notes with concern that the economic and financial situation has led to an exodus of staff from the inspection services towards better paid jobs in other sectors. It further notes that to inspect establishments a long way from their base, inspectors have to rely on transport provided by the employers concerned. The Committee observes that inspections under these conditions cannot be as effective as visits which are unannounced, and labour inspectors cannot carry out their duties with the necessary mobility and independence. In the Committee’s view, in the absence of appropriate budgetary decisions under which the inspection services can be given the human and material resources they need to carry out their many and complex tasks in full independence, the mission conferred by the Convention on the labour inspection system cannot be fulfilled. Accordingly, it is essential that measures be taken rapidly to ensure that the portion of the national budget earmarked for labour inspection covers the needs of the inspectorate so that it can offer pay and working conditions able to attract and maintain in the profession staff who are competent and have the necessary independence. The Committee would be grateful if the Government would provide information on measures that have been taken for this purpose and to report on progress made.

Articles 20 and 21. The Government indicates that no specific report has been drawn up on labour inspection activities but that relevant information is to be found in the annual report on the application of the labour and occupational safety and health legislation submitted to Parliament in February. The Government does not indicate whether the report has been published. The Committee points out that, according to the Convention, the central inspection authority has responsibility for publishing and sending to the International Labour Office an annual general report on the work of the inspection services under its control in the form and within the time limits set in Article 20, containing the requisite information on each of the items listed in Article 21(a) to (g). One of the purposes of publishing such a report is to inform the social partners and any other interested parties and to elicit a reaction from them. The purpose of sending the report to the Office is to provide the Committee with the information it needs in order to assess the extent to which the Convention is applied and to engage in a dialogue with the Member with a view to making improvements. The Committee requests the Government to provide a copy of the most recent report available on the application of the labour and occupational safety and health legislation, and to take the necessary steps to enable the central inspection authority to fulfil this obligation.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report for the period ending 30 July 1997. It requests the Government to provide further information on a certain number of points.

Article 2, paragraph 1, of the Convention. Please make a clarification as to whether industrial workplaces that are subject to a specialized inspection system, are also subject to a general inspection system of the Labour Inspection Committee.

Article 3, paragraph 1. The Committee requests the Government to indicate whether all matters listed in Article 3, paragraph 1, of the Convention, particularly provisions related to safety and health, are covered by the scope of authority of the State Labour Inspection of the Republic of Belarus.

Article 6. Please clarify as to whether labour inspection staff and, in general, the officials working in the state administration enjoy any additional protection of stability of their employment as compared to the protection of regular non-governmental employees.

Article 7, paragraph 2. Please indicate the methods that are used in order to ascertain qualifications of labour inspectors in the process of their recruitment.

Article 7, paragraph 3. The Committee requests the Government to provide information on the specific forms of training of the labour inspectors, including the length of programmes, the number of inspectors simultaneously participating, the procedure for selection of inspectors for participation in such programmes and the length of the average period between two consecutive training programmes for a single inspector.

Article 9. Please indicate how often specialists of appropriate profile are attracted to participate in the conduct of expert examinations and inspection of the conditions of security of labour in the industry and what are the particular forms of their participation.

Article 11, paragraph 1. The Committee requests the Government to provide information as to whether local offices of the Labour Inspection Committee are suitably equipped in accordance with the requirements of the service and whether labour inspectors are provided with the transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist.

Article 12, paragraph (1)(c)(i). Please indicate whether labour inspectors are authorized to interrogate alone or in the presence of witnesses, the employer or the staff of the undertaking on any matters concerning the application of the legal provisions.

Article 19, paragraph 1. Please indicate whether labour inspectors or local inspection officers are required to submit periodical reports on the results of their inspection activities to the head office of the Labour Inspection Committee.

Article 19, paragraph 2. The Committee requests the Government to indicate the manner in which the periodical reports are drawn up, the subjects discussed in these reports and the frequency of their submission.

Article 20, paragraph 1. Please indicate whether the Labour Inspection Committee publishes an annual general report on the work of inspection services under its control.

Article 20, paragraph 2. Please indicate the timing of publication of the annual report published by the Labour Inspection Committee.

Article 20, paragraph 3. The Committee requests the Government to transmit a copy of the latest annual general report published by the Labour Inspection Committee to the Director-General of the International Labour Office within the time limit specified in Article 20, paragraph 2, of the Convention.

Article 27. Please indicate whether in the Republic of Belarus arbitration awards are enforceable by labour inspectors.

Part V of the report form. Please give a general appreciation of the manner in which the Convention is applied in the Republic of Belarus, including, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention

Finally, the Committee requests the Government to provide copies of the following documents:

-- Criminal Code of the Republic of Belarus.

-- Decree No. 30 of the President of the Republic of Belarus "On the system of republican bodies of state administration subordinated to the Government of the Republic of Belarus", dated 11 January 1997.

-- Regulations of the State Committee for supervision over safe conduct of works in industry and nuclear energetics, approved by Resolution No. 235 of the Council of Ministers of Byelorussian SSR, dated 13 July 1982 (as amended by Resolution No. 195 of the Council of Ministers of Byelorussian SSR, dated 21 May 1991);

-- Order of the Prosecutor General of the Republic of Belarus concerning the cooperation between the Office of the Public Prosecutor and the Labour Inspection Committee.