Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Labour Inspection Convention, 1947 (No. 81) - Malawi (Ratification: 1965)

The Committee notes the Government’s report in reply to its comments and the copy of the annual report for 2000-02 of the Ministry of Labour and Vocational Training.

1. Strengthening of staff and skills and improvement of supervisory activities (Articles 7, 10, 11 and 16 of the Convention). According to the Government, labour inspection has been strengthened and more labour inspectors have been recruited and trained. The Government states that it is intended to recruit eight additional labour inspectors in the area of occupational safety and health. The Committee observes that, according to the Government, 4,000 inspections were performed by the Labour Services Department and 297 inspections by the Occupational Safety and Health Directorate from 2000 to 2002, and financial allocations to the Ministry of Labour and Vocational Training have been increased. It notes that inspections in the area of occupational safety and health have increased from 75 in 2000 to 143 in 2002. Moreover, the Committee notes with interest the Government’s efforts indicated in its report to provide training to labour inspectors on the job.

The Committee would be grateful if the Government would keep the ILO informed of further developments and results of the strengthening process. It also asks it to provide a copy of TEVET Act No. 6 of 1999, referred to in the annual report of the Ministry of Labour and Vocational Training..

2. Labour inspection and child labour. Referring to its 2003 comments under Convention No. 182, the Committee observes with interest the ongoing progress in instituting several programmes to combat child labour, launched since 2001. According to the Government, 55 labour officers have been specially trained to enable them to supervise compliance with relevant legislation.

3. Lack of financial resources. According to the Government, sufficient resources are still not available to implement the Convention fully. The Government also indicates in its report on Convention No. 129 that there are shortages of human resources and infrastructure. The Committee notes from the Government’s report received in 2001 that only one vehicle was then available inspectors in the southern region to carry out inspections throughout all the districts in the Region. Referring to its 2002 observation, the Committee strongly encourages the Government to envisage the possibility of seeking international financial cooperation with a view to strengthening the resources of the labour inspectorates to enable them cover needs progressively throughout the country.

4. Notification of industrial accidents and cases of occupational disease (Article 14) and occupational safety data (Article 21(g)). According to information communicated in the annual report of the Ministry of Labour and Vocational Training (2000-02), accidents have to be reported if they incapacitate workers from performing their normal employment for 14 days or more. On the other hand, under section 66 of Occupational Safety, Health and Welfare Act 1997, accidents occurring at the workplace disabling any person from carrying out normal duties at the workplace should be immediately notified in written form to the director of the Occupational Safety and Health Inspectorate. The Committee therefore asks the Government to indicate the relevant legislation applicable to the procedure of notification and to provide a copy with its next report.

The Committee notes the increasing number of accidents reported between 2000 and 2002. It would be grateful if the Government would provide explanations in this regard. It also asks it to indicate any impact on the activities of the labour inspectors of the implementation of the social security scheme following the adoption of Workers Compensation Act No. 7/2000.

5.  Annual report covering the labour inspection services (Articles 20 and 21). The Committee notes with satisfaction the information contained in the annual report (2000-02) of the Ministry of Labour and Vocational Training on: the administrative structure of the Ministry as the central authority responsible for labour inspection; the number of ongoing projects; and statistics relating to occupational accidents, employment structure, labour complaints, the number of inspections and the workforce. The Committee encourages the Government to continue its efforts to compile data, taking also into consideration the other requirements set out in Article 21, such as the number of enterprises liable to inspection, cases of occupational diseases and the number of inspection staff, with an indication of their distribution by service, grade, region and gender.