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

Labour Inspection Convention, 1947 (No. 81) - Ghana (Ratification: 1959)

The Committee notes the Government’s report and the information contained therein in response to its previous comments. It also notes the provisions of the Labour Act of 2003 (Act No. 651) covering in particular labour inspection activities, powers of inspection and injunction, as well as the duties of the inspectors. The Committee would be grateful if the Government would provide in its next report additional information on the following points.

1. Initial and subsequent training for labour inspectors. Please indicate the arrangements made to ensure the provision of an induction course for assistant labour inspectors, as well as the effective establishment of training for serving labour inspectors, stating the number of participants (Article 7, paragraph 3, of the Convention).

2. Facilities available to labour inspectors. Referring to its previous comments, the Committee notes that the needs identified by the labour inspection system for the 2005-06 budget include the recruitment of 105 inspectors and the acquisition of 50 motorbikes and 55 saloon cars. It requests the Government to provide information on any measures taken with a view to strengthening the inspection staff (Article 10) and the transport facilities available to labour inspectors (Article 11, paragraph 1(b)).

3. Free access to workplaces liable to inspection. The Committee notes that, pursuant to section 124(1)(a) of the Labour Act, labour inspectors can enter freely and without previous notice at any hour of the day or night any workplace liable to inspection during working hours. The Committee points out in this regard that the Convention does not envisage the restriction of inspection visits simply to working hours. It requests the Government to indicate the measures taken or envisaged to give full effect in this regard to Article 12, paragraph 1(b), of the Convention. The Committee also requests the Government to indicate whether, in accordance with Article 12, paragraph 2, labour inspectors may, when carrying out inspection visits, to abstain from notifying the employer or his representative of their presence should they consider that such notification may be prejudicial to the performance of their duties.

4. Notification of industrial accidents and cases of occupational disease. Please indicate whether the labour inspectorate is notified of the industrial accidents and cases of occupational disease provided for in section 120 of the Labour Act (Article 14).

5. Legal proceedings and penalties. The Committee notes that section 126 of the Labour Act establishes sanctions for obstructing labour inspectors in the exercise of their duties. It also notes that section 124 establishes penalties in the case of employers failing to comply with the injunctions of inspectors in cases of imminent danger to the health or safety of workers. The Committee, which notes the Government’s statement that most of the penal sanctions have been removed from the Act, requests the Government to indicate the manner in which it ensures that penalties for violations of the legal provisions, the application of which enforced by the labour inspectorate, are envisaged by the national legislation and effectively applied, in accordance with the provisions of Articles 17 and 18 of the Convention.

6. Publication of an annual report. The Committee notes that no reports have been transmitted to the International Labour Office since 1999. It requests the Government to ensure that an annual report containing all the information required by Article 21 is published and transmitted to the International Labour Office in the form and within the period set out by Article 20.