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

Labour Inspection Convention, 1947 (No. 81) - Guernsey

Articles 10 and 16 of the Convention. Number of labour inspectors and inspection visits. The Committee notes that, according to the report of the Government, in 2010, the labour inspection staff was composed of five (full-time) inspectors, and that 722 premises were inspected out of 2,238 employing organizations liable to inspection. The Committee notes that, in the last ten years, the number of labour inspectors has declined progressively from nine inspectors in 2001 to five inspectors in 2010. The number of inspection visits to premises, has also decreased from 1,467 to 983 between 1998 and 2010. The Committee recalls that, according to Article 10 of the Convention, the number of labour inspectors should be sufficient to secure the effective discharge of the duties of the inspectorate in the light of the number of the workplaces liable to inspection, the number of workers employed therein, the number and complexity of the legal provisions to be enforced, as well as the material means placed at the disposal of the inspectors and the practical conditions under which visits of inspection must be carried out in order to be effective. Moreover, according to Article 16, workplaces should be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. Noting the abovementioned trends and the slight increase in the number of workplaces liable to inspection, the Committee would be grateful if the Government would provide an evaluation of the needs of the labour inspectorate in human resources in the light of the criteria provided in Article 10 of the Convention, and if it would indicate the proportion of the budget allocated to labour inspection, and the measures taken or envisaged to ensure that workplaces are inspected as often and as thoroughly as necessary (Article 16). The Committee would also be grateful if the Government would provide detailed information on the number of inspection visits per category of workplaces, and on the different types of inspections carried out during the last two years.

Article 12. Right of inspectors to enter workplaces freely. Noting that, according to the report of the Government, inspections are made during the day, the Committee would be grateful if the Government would provide a copy of the legal provisions investing labour inspectors with right of access to workplaces at any hour of the day or night, and to indicate how effect has been given to each of the provisions of Article 12.

Articles 3(1)(b), 13, 14 and 17. Functions of labour inspectors and role of the inspection personnel in cases of industrial accidents and occupational diseases. The Committee notes that, according to the report of the Government, between 2009 and 2010, injuries in “Other manufacturing industries” doubled, and those included in the category “Miscellaneous” increased from two to 11 units. Among the causes of these injuries, those classified as “Any other agent” rose from 76 to 101 between 2009 and 2010. The Committee recalls that, under the terms of Article 14, the labour inspectorate must be notified of industrial accidents and cases of occupational disease so that it can identify high-risk activities and the most vulnerable categories of workers, and carry out research on the causes of occupational accidents and diseases in workplaces liable to inspections. Moreover, the Committee wishes to emphasize that the functions entrusted to labour inspectors under the terms of Article 3(1)(b) entail the technical support to employers and workers and their respective organizations in order to help them to find rapid solutions to their problems and thus to ensure compliance with legal provisions. Finally, under Article 13, labour inspectors should be able to take steps with a view to remedying defects observed in plant, layout or working methods which they have reasonable cause to believe constitute a threat to the health and safety of the workers and take measures with immediate executory force in case of immediate danger to the health or safety of the workers. Finally, labour inspectors should be empowered to make use of Article 17, which is also applicable in areas other than occupational safety and health, and involves such measures as prompt legal proceedings without previous warning or, where appropriate, warnings and advice. The Committee would thus be grateful if the Government would indicate the measures taken or envisaged to prevent industrial accidents in line with Articles 3(1)(b) and 13 of the Convention and to enforce violations of the relevant legislation in line with Article 17. Please also indicate the formal mechanisms put in place to notify the labour inspectorate of industrial accidents and cases of occupational disease in line with Article 14.

Articles 20 and 21. Annual labour inspection report. The Committee takes note of the State of Guernsey’s Annual Report on Inspection 2010. The Committee requests the Government to indicate the measures taken or envisaged in order to ensure that annual reports contain more detailed information as requested under Article 21(e)–(g). Alternatively, the Committee would be grateful if the Government would indicate the difficulties encountered in the implementation of the provisions of this Article and the measures taken or envisaged to overcome them.