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

Labour Inspection Convention, 1947 (No. 81) - Nigeria (Ratification: 1960)

The Committee notes the Government’s replies to its previous comments. It also notes the information on the structure, activities and prospects of labour inspection contained in the press briefing of 16 December 1999 of the Minister for Employment, Labour and Productivity.

The Government’s attention is drawn to the following points.

Articles 3, 10, 16, 20 and 21 of the Convention. The Committee notes that the staff of the Labour Inspectorate Department is divided into labour officers, responsible for labour services: labour inspection, labour complaints, workers’ compensation, statistics and the secretariat of the National Labour Advisory Council; and 58 inspectors in the service for protection of occupational health and safety responsible, inter alia, for the registration of factories, prevention of employment accidents, preparation of the regulations, standards and codes of practice on hazardous working environments and the secretariat of the Factories Appeal Board and the National Industrial Safety Council. In the period 1997-99, some 2,600 inspections were carried out by occupational health and safety inspectors, that is approximately two visits a month per inspector, which appears prima facie to be insufficient in view of the principle that workplaces shall be inspected as often and as thoroughly as is necessary (Article 16). The number of visits does not by itself provide an indication of the extent of coverage by the labour inspection services in the light of needs. For the central inspection authority to be able to assess the situation with a view to improving it and setting priorities, this information must necessarily be supplemented by information on the number of workplaces covered, their geographical distribution, the number of workers employed therein and the nature of their activities. This information is also essential for the Committee to be able to assess the extent to which the Convention is applied and suggest appropriate measures for improvement. The Government is therefore once again requested to take the necessary measures to ensure that all this information is included in an annual inspection report as envisaged under Articles 20 and 21, a copy of which must be transmitted to the ILO.

The Government is also asked to provide information on the manner in which the provisions covering working conditions other than occupational health and safety, such as hours of work and wages, are enforced in practice, and to send to the Office copies of extracts of occupational health and safety inspections as well as, if applicable, on inspections covering other working conditions.

With reference to it general observation of 1999 on labour inspection and child labour, the Committee would be grateful if the Government would indicate whether the efforts of the national policy workshop on child labour in Nigeria organized in collaboration with the ILO and UNICEF in 1998 has actually been followed up by inspection service activities, and if so, to ensure that information on the results of such activities are included in forthcoming annual inspection reports.

Articles 5, 6, 7, 10, 12, 13 and 15. The Government indicates that the terms of Labour Act No. 198 prescribe how labour inspectors exercise their powers and the obligations defined under Articles 12, 13 and 15 of the Convention. The Committee notes however that, according to sections 77, et seq. of the Act, any public officer serving in the Ministry or serving a federal State may exercise such powers and obligations on written authorization by the Minister specifying the purpose of the mission and the extent of the area of competency of the public officer concerned. Recalling that the labour inspectors shall, in accordance with Article 6 of the Convention, be assured of stability of employment and, in accordance with Article 7, be recruited with sole regard to their qualifications for the performance of their duties and be adequately trained, the Committee wishes to draw the Government’s attention to the fact that the duties and responsibilities that go with the job of labour inspector should be underpinned by a sound knowledge of the legislation enforceable by the inspector and of the work carried out in the establishments covered by the inspection services. Furthermore, the continuity of the follow-up of inspection activities by a staff which is stable ensures the establishment of a fruitful relationship with the social partners and facilitates cooperation with other services and institutions engaged in similar activities. The Committee hopes that the Government will not fail to take measures to ensure that the conditions for the recruitment and training of labour inspectors and the conditions of service of the labour inspectorate comply with the requirements of Articles 6 and 7,and that it will keep the Office informed of any developments in this respect.