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

Labour Inspection Convention, 1947 (No. 81) - Bulgaria (Ratification: 1949)

Articles 3(1)(a), (b) and 5(b) of the Convention. Provision of technical information and advice on Occupational, Safety and Health (OSH), and the control of the legal obligations of employers with regard to training and safety instructions. In its previous comment, the Committee noted that violations in the area of OSH were most frequently related to poor organization and management in workplaces, including the lack of training and instructions given by employers to workers.

In this respect, the Committee notes the information in the Government’s report on control activities of the labour inspectorate relating to poor OSH management (according to the information provided by the Government, in 2014, 16 per cent of all OSH violations). In this context, the Committee also notes that according to the analysis of fatal accidents in the 2014 report of the General Labour Inspectorate Executive Agency (GLIEA), employers do not consistently control the behaviour of workers, and workers sometimes disrespect these rules to complete the work within a set deadline. The Committee requests the Government to continue to provide information on the most frequent causes of serious accidents and the preventive and enforcement activities undertaken to prevent them. Recalling that non-compliance may be due to a failure to understand the requirements in the area of OSH, the Committee requests the Government to indicate the measures taken to supply technical information and advice on OSH to employers so that they can in turn instruct and train the workers for which they are responsible.

Article 4. Placing labour inspection under the supervision and control of a central authority. The Committee notes that the Government has once again not supplied the information it requested in its previous comments under this Article. The Committee therefore once again requests the Government to provide detailed information on: (i) the labour inspection policy adopted; (ii) an organizational chart of the labour inspection system, specifying the functions entrusted to the central authority; and (iii) the activities of the National Labour Inspection Council (NLIC).

Articles 5(a) and 9. Effective cooperation between the inspection services and other government services and public institutions; and the association of duly qualified experts in inspection work to ensure the enforcement of the legal provisions relating to the protection of workers’ safety and health. The Committee notes that the Government has not provided the requested information on the cooperation between the labour inspection services with: (i) the state health control agency of the Ministry of Health responsible for the supervision of private safety and health services; and (ii) civil engineers and specialists with medical training. The Committee therefore once again requests the Government to provide information on the cooperation of the labour inspection services with the state health control agency and the association of specialists with medical training in inspection work.

Articles 6 and 10. Status and conditions of service of labour inspectors. In its previous comment, the Committee requested the Government to provide information on the functions assigned to the different categories of labour inspectors, the decrease in the number of labour inspectors, and the measures to retain experienced and skilled staff. The Committee notes that the Government indicates that all 389 labour inspectors (including department heads) currently working within the services of the GLIEA have the inspection and enforcement powers provided for in the Convention, that the number of labour inspectors has remained relatively unchanged since 2009 (395 in 2009 and 389 in 2015) and that in view of the difficulties to pay higher salaries, measures to retain inspectors include the provision of career prospects through promotion following competitive selection (in 2014, 48 inspectors have been reappointed to higher positions) and the provision of training opportunities for inspectors, including the possibility to obtain a Master degree in Safety and Health at Work. The Committee takes note of this information.

Article 12(2). Right of inspectors to enter workplaces without prior notice. The Committee notes the information provided by the Government on the effect given in national law to Article 12(1), but that it has not provided relevant information in relation to Article 12(2). The Committee therefore once again requests the Government to indicate how effect is given to Article 12(2) of the Convention, which provides that on the occasion of an inspection visit, inspectors shall notify the employer or his/her representative of their presence, unless they consider that such a notification may be prejudicial to the performance of their duties.

Article 21. Content of annual inspection reports. The Committee notes the information in the annual labour inspection reports for 2012, 2013 and 2014 as communicated by the Government. The Committee notes that they contain information on the labour inspection staff (Article 21(b)), the statistics of inspection visits (Article 21(d)), violations and penalties imposed (Article 21(e)) and industrial accidents (Article 21(f)). The Committee welcomes the detailed information provided in these reports, but notes that they contain no statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)), as well as no statistics of cases of occupational diseases (Article 21(g)). The Committee requests the Government to take the necessary measures to ensure that the annual labour inspection reports contain information on each of the matters dealt with in Article 21(a)–(g) of the Convention.