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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 3(1), 10 and 16 of the Convention. Primary functions of the system of labour inspection. Number of labour inspectors. Frequency and thoroughness of inspections. The Committee takes note of the Business Plan 2020–2022 of the Health and Safety Executive (HSE) of Guernsey, which is available on the website of the HSE. This plan establishes five objectives to be achieved by the HSE, including leading others to improve health and safety at the workplace (objective 1) and securing compliance with the law (objective 3). The Committee notes that within the framework of these two objectives, the HSE plans to: (i) target and conduct inspections of sectors and activities which give rise to the most serious risks or where risks are least well controlled (including undertaking 20 annual inspections visits to four specific types of workplaces and 10 annual inspection visits to a fifth workplace type, as well as focusing inspections on specific key health risks) (objective 1(b)); and, (ii) investigate work-related complaints, accidents, incidents and ill-health, all within identified short time frames, enforce the law to prevent harm and secure justice where appropriate as well as enforce licence and permit conditions and hold licence and permit holders to account (objective 3(a) and (b)). The Committee also notes that, according to the HSE Business Plan 2020–2022, the HSE is composed of three health and safety inspectors and has one vacant position. The Committee requests the Government to provide information on the implementation of the HSE Business Plan 2020–2022, particularly in relation to progress towards objectives 1 and 3, as well as on their impact on the work of the HSE. It also requests the Government to provide up to date information on the number of health and safety inspectors employed and the number, type, and timing of inspection visits carried out, including those performed under the HSE Business Plan 2020–2022.

Articles 20 and 21. Annual report on the work of the inspection services. The Committee requests the Government to indicate whether annual reports on the work of the inspection services are published in accordance with Article 20(2) of the Convention, and, if so, whether they address the subjects specified in Article 21 of the Convention.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 14, 20 and 21 of the Convention. Annual labour inspection report and notification of industrial accidents and cases of occupational diseases. The Committee notes that the annual report on the work of the labour inspection services for 2011 and 2012 contains the requested information on the number and different types of inspection visits by sector of economic activity, as well as information on the number of prohibition notices with immediate executory force issued by health and safety inspectors (Articles 3(1)(b) and 13) and of the number of cases dealt with by the courts (Article 17). It notes, however, that the annual report still does not contain information on all of the subjects listed in Article 21, and that, for example, no statistics have been provided on the workplaces liable to inspection and the number of workers employed therein (Article 21(c)), on the violations and penalties imposed (Article 21(e)) and on the cases of occupational diseases reported (Article 21(g)). Referring to its 2010 general observation, the Committee recalls that the annual labour inspection report offers an indispensable basis for the national authorities, the social partners and the ILO supervisory bodies to evaluate the results in practice of the activities of the labour inspection services and contribute to its improvement, particularly for the determination of the means necessary to improve their effectiveness. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure that annual reports contain information that is as detailed as possible on all the items listed in Article 21(a)–(g) of the Convention, including statistics of violations and penalties imposed and of occupational diseases, etc. Alternatively, the Committee requests the Government to indicate the difficulties encountered in this regard and the measures taken to overcome them. In this regard, the Committee draws the Government’s attention to the guidance provided in Part IV of the Labour Inspection Recommendation, 1947 (No. 81), as to the type of information that should be reflected in the annual inspection report.

Noting that the Government has not provided any reply on the Committee’s previous request in this regard, and considering that the annual reports on the work of the labour inspection services still do not contain any statistical information on cases of occupational disease, the Committee once again asks the Government to specify the formal mechanisms put in place to notify the labour inspectorate of industrial accidents and cases of occupational disease in conformity with Article 14.

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

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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 20 and 21 of the Convention. Annual labour inspection report. Noting the information and statistics on the labour inspection activities carried out and the results of those activities, the Committee requests the Government to ensure that the central labour inspection authority publishes and sends to the Office an annual inspection report prepared in accordance with the conditions set out in Article 20 and containing the information required by Article 21. The Committee also requests the Government to refer to Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), which provides invaluable guidance on the manner in which the information required may be presented in the annual report.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 15(c) of the Convention. Confidentiality in relation to complaints. The Committee requests the Government to indicate the manner in which it is ensured that, in order to avoid possible reprisals by the employer against workers, labour inspectors treat as absolutely confidential the source of any complaint bringing to their notice any defect or breach of legal provisions and give no intimation to the employer or his or her representative that a visit of inspection was made in consequence of the receipt of such a complaint. It also requests the Government to indicate any exceptions to such obligation.

Articles 20 and 21. Annual reports on the work of the labour inspection services. The Committee notes the statistical data on the inspection visits made and on permits and licences issued by the Health and Safety Executive in 2005 and 2006. The Committee would be grateful if the Government would continue to supply such information and ensure that it will be included in an annual report on the work of labour inspection services, as prescribed under the above provisions.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. Scope of application of the Convention. The Committee notes the Government’s report and the attached documentation concerning the objectives and operations of the staff of the Health and Safety Executive. The Committee notes however that the central labour inspection authority has not provided biannual reports on the activities of the inspectorate for the period 1999-2000 and that the statistical information provided for 2000 only covers activities relating to the supervision of legal provisions on occupational safety and health. Recalling that the legal provisions for which labour inspectors are responsible for the supervision may also include, in accordance with Article 3, paragraph 1(a), of the Convention, other fields such as hours of work, wages, health and welfare, the employment of children and young persons and other connected matters, the Committee would be grateful if the Government would provide information on the manner in which effect is given to this provision.

2. Powers of injunction of labour inspectors. With reference to the brief information provided by the Government concerning the application of Article 13, the Committee would be grateful if it would indicate the scope of the powers of injunction of labour inspectors in situations which the latter have reasonable cause to believe constitute a threat to the health or safety of the workers and in situations of imminent danger in this respect (paragraphs 1 and 2).

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information provided in reply to its previous direct request concerning Articles 10 and 11 of the Convention in the report for the period ending 30 June 1989. It especially notes the importance attached to the Health and Safety at Work (General) (Guernsey) Ordinance, 1987. The Committee would be grateful if the Government would provide with future reports all necessary information on the activities of the labour inspectorate in relation to the Ordinance and other labour legislation.

As regards Articles 20 and 21, the Committee hopes that annual inspection reports including all due information will be published and communicated to the Office within the time limits laid down.