Section 114p. 114

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

(i)

the

number,

nature,

size

and

situation

of

the

workplaces liable to inspection;

(ii) the number and classes of workers employed in such

workplaces; and

(iii) the number and complexity of the legal provisions to

be enforced;

(b) the material means placed at the disposal of the

inspectors; and

(c)

the

practical

conditions

under

which

visits

of

inspection must be carried out in order to be effective.

ARTICLE 11

1. The competent authority shall make the necessary

arrangements to furnish labour inspectors with —

(a) local offices, suitably equipped in accordance with the

requirements of the service, and accessible to all persons

concerned;

(b) the transport facilities necessary for the performance

of their duties in cases where suitable public facilities do

not exist.

2. The competent authority shall make the necessary

arrangements to reimburse to labour inspectors any

travelling

and

incidental

expenses

which

may

be

necessary for the performance of their duties.

ARTICLE 12

1. Labour inspectors provided with proper credentials

shall be empowered:

(a) to enter freely and without previous notice at any hour

of the day or night any workplace liable to inspection;

(b) to enter by day any premises which they may have

reasonable cause to believe to be liable to inspection; and

(c) to carry out any examination, test or enquiry which

they

may

consider

necessary

in

order

to

satisfy

themselves that the legal provisions are being strictly

observed, and in particular —

(i) to interrogate, alone or in the presence of witnesses,

the employer or the staff of the undertaking on any

matters

concerning

the

application

of

the

legal

provisions;

(ii) to require the production of any books, registers or

other documents the keeping of which is prescribed by

national laws or regulations relating to conditions of work,

in order to see that they are in conformity with the legal

provisions, and to copy such documents or make extracts

from them;

(iii) to enforce the posting of notices required by the legal

provisions;

(iv) to take or remove for purposes of analysis samples of

materials and substances used or handled, subject to the

employer or his representative being notified of any

samples

or

substances

taken

or

removed

for

such

purpose.

2. On the occasion of an inspection visit, inspectors shall

notify

the

employer

or

his

representative

of

their

presence, unless they consider that such a notification

may be prejudicial to the performance of their duties.

ARTICLE 13

1. Labour inspectors shall be empowered to take steps

with a view to remedying defects observed in plant,

layout

or

working

methods

which

they

may

have

reasonable cause to believe constitute a threat to the

health or safety of the workers.

2. In order to enable inspectors to take such steps they

shall be empowered, subject to any right of appeal to a

judicial

or

administrative

authority

which

may

be

provided

by

law, to make or to have made orders

requiring —

(a) such alterations to the installation or plant, to be

carried out within a specified time limit, as may be

necessary to secure compliance with the legal provisions

relating to the health or safety of the workers; or

(b) measures with immediate executory force in the event

of imminent danger to the health or safety of the workers.

3. Where the procedure prescribed in paragraph 2 is not

compatible with the administrative or judicial practice of

the Member, inspectors shall have the right to apply to

the competent authority for the issue of orders or for the

initiation of measures with immediate executory force.

ARTICLE 14

The labour inspectorate shall be notified of industrial

accidents and cases of occupational disease in such cases

and in such manner as may be prescribed by national

laws or regulations.

ARTICLE 15

Subject to such exceptions as may be made by national

laws or regulations, labour inspectors —

(a) shall be prohibited from having any direct or indirect

interest in the undertakings under their supervision;

(b) shall be bound on pain of appropriate penalties or

disciplinary measures not to reveal, even after leaving the

service, any manufacturing or commercial secrets or

working processes which may come to their knowledge

in the course of their duties; and

(c) shall treat as absolutely confidential the source of any

complaint bringing to their notice a defect or breach of

legal provisions and shall give no intimation to the

employer or his representative that a visit of inspection

was made in consequence of the receipt of such a

complaint.

ARTICLE 16

Workplaces shall be inspected as often and as thoroughly

as is necessary to ensure the effective application of the

relevant legal provisions.

ARTICLE 17

1.

Persons

who

violate

or

neglect

to

observe legal

provisions enforceable by labour inspectors shall be liable

to prompt legal proceedings without previous warning:

Provided that exceptions may be made by national laws

or regulations in respect of cases in which previous notice

to carry out remedial or preventive measures is to be

given.

2. It shall be left to the discretion of labour inspectors to

give

warning

and

advice

instead

of

instituting

or

recommending proceedings.

ARTICLE 18

Adequate penalties for violations of the legal provisions

enforceable by labour inspectors and for obstructing

labour inspectors in the performance of their duties shall

be provided for by national laws or regulations and

effectively enforced.

ARTICLE 19

1. Labour inspectors or local inspection offices, as the case

may be, shall be required to submit to the central

inspection authority periodical reports on the results of

their inspection activities.

2. These reports shall be drawn up in such manner and

deal with such subjects as may from time to time be

prescribed

by

the

central

authority;

they

shall

be

submitted at least as frequently as may be prescribed by

that authority and in any case not less frequently than

once a year.

ARTICLE 20

1. The central inspection authority shall publish an annual

general report on the work of the inspection services

under its control.

2.

Such annual reports shall be published within a

reasonable time after the end of the year to which they

relate and in any case within twelve months.

© Compiled by RGL

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