Enhancing Labour Inspectorates in Countries of Transition. The Norwegian Project Experience in Europe and Central Asia C

1. Enhancing Labour Inspectorates in Countries of Transition. The Norwegian Project Experience in Europe and Central Asia Carmen Bueno ILO SRO Budapest International ILO Conference « Implementing OSH Standards Globally » Düsseldorf , 3-6 Novembre 2009

2. INTRODUCTION • 2008-09 Co-operation Agreement between Norway and ILO • Albania, Armenia, Moldova, Montenegro, the FYR of Macedonia and Kazakhstan • Assistance to strengthen and modernize labour inspectorates enhancing their effectiveness and impact, moving towards more prevention-oriented organizations • Labour inspectorates, workers’ and employers’ organizations and other institutional partners are in a better position to promote compliance with legislation

3. ILO METHODOLOGY • 1. Tripartite labour inspection audits. • 2. Labour inspection action plans • 3. Activities

4. AUDITS: FINDINGS/RECOMMENDATIONS • STRUCTURE: • Well organized and rationally structured labour inspectorates, at central and territorial level • Central authorities • Problems of integration/coordination in models with two branches (OSH/labour relations)

5. AUDITS: FINDINGS/RECOMMENDATIONS ILO CONVENTIONS:

6. AUDITS: FINDINGS/RECOMMENDATIONS • LEGISLATIVE FRAMEWORK: • Specific Laws on Labour Inspection in 5 countries • Substantial amendments to the existing labour and OSH inspection legislation are necessary in order in order to bring the legislation into line with EU requirements and to strengthen the capacity

7. AUDITS: FINDINGS/RECOMMENDATIONS • HUMAN RESOURCES: • Status of civil servants • Transparent recruitment systems • Re-election systems could be contradictory with ILO Conventions • No career plan • No attractive salaries and incentives • Secretarial support, computers and transport facilities to be improved • TRAINING should be a priority • Concern about some integrity problems

8. AUDITS: FINDINGS/RECOMMENDATIONS • VISIT: • Planned visits vs complaint-based visits • Limits to inspect the same workplace no more than once a year could be contradictory with ILO Conventions • Obligation to notify in advance • Poor preparation • No use of checklist/protocols • Low average of visits • Inspectors well authorized

9. AUDITS: FINDINGS/RECOMMENDATIONS REGISTERS AND DATABASE: Urgent need to develop and maintain a proper and updated registration system of enterprises and inspection activities

10. AUDITS: FINDINGS/RECOMMENDATIONS • NOTIFICATION OF OCCUPATIONAL ACCIDENTS AND DISEASES: • Under-reporting is a major problem • Inspectors’ skills on investigation of accidents at work should be enhanced

11. AUDITS: FINDINGS/RECOMMENDATIONS • COLLABORATION WITH OTHER AUTHORITIES: • Important number of other bodies with labour-related inspection tasks • More collaboration for a more integrated approach is needed

12. AUDITS: FINDINGS/RECOMMENDATIONS • SANCTIONING PROCEDURES: • Need to be simplified and to introduce graduation criteria • Need to strengthen discretionary powers to give warning and advice, rather than to recommend sanctions to enhance a more preventive approach

13. AUDITS: FINDINGS/RECOMMENDATIONS • SOCIAL DIALOGUE: • Social partners are aware of the role of labour inspection but • there is a lack of real knowledge on how to collaborate. • They are calling for a more effective and dynamic inspection and to take into account their opinion

14. ACTION PLANS • Moldova, Montenegro, the FYR of Macedonia and Albania • TRAINING PLAN • IMPROVEMENT CAREER PLAN • REVISION AND SIMPLIFICATION OF SANCTIONING PROCEDURES • IMPROVEMENT LABOUR INSPECTION VISIT • PILOT EXPERIENCE ON REGISTERS • PILOT CAMPAIGNS • AWARENESS RAISING CAMPAIGNS FOR SOCIAL PARTNERS

15. ACTIVITIES ALREADY COMPLETED • 5 DAYS SEMINAR ON LABOUR LEGISLATION IN MONTENEGRO • 2 DAYS SEMINAR ON ADMINISTRATIVE PROCEDURES IN THE FYR OF MACEDONIA • 5 DAYS SEMINAR ON RISK ASSESSMENT IN MONTENEGRO • 5 DAYS SEMINAR ON RISK ASSESSMENT IN THE FYR OF MACEDONIA • PARTICIPATION OF ARMENIA, MOLDOVA AND KAZAKHSTAN IN A 5 DAYS SEMINAR ON LI IN SAINT PETERSBURG • PARTICIPATION OF MONTENEGRO AND ALBANIA IN A 10 DAYS COURSE ON CONSTRUCTION IN TURIN • PARTICIPATION OF THE FYR OF MACEDONIA IN A 2 DAYS WORKSHOP ON LI AND UNDECLARED WORK IN BUDAPEST

16. FORTHCOMING ACTIVITIES • 2 DAYS SEMINAR ON LABOUR INSPECTION VISIT IN THE FYR OF MACEDONIA • 1 DAY SEMINAR ON ILO CONVENTIONS AND EUROPEAN DIRECTIVES IN THE FYR OF MACEDONIA • 5 DAYS SEMINAR ON RISK ASSESSMENT IN ALBANIA • 5 DAYS SEMINAR ON RISK ASSESSMENT IN MOLDOVA • TRAINING MODULES FOR INSPECTORS – ILO ITC TURIN

17. FORTHCOMING ACTIVITIES • INTERNATIONAL EXPERT CONSULTANCIES ON LI VISIT • INTERNATIONAL EXPERT CONSULTANCIES ON CAREER PLAN FOR INSPECTORS • INTERNATIONAL EXPERT CONSULTANCIES ON SANCTIONING PROCEDURES • INTERNATIONAL EXPERT CONSULTANCY ON OCCUPATIONAL DISEASES LIST IN ALBANIA • INTERNATIONAL EXPERT CONSULTANCY ON REGISTRATION SYSTEMS

18. FINAL COMMENTS • Collaboration of some European Labour Inspectorates: Bulgaria, Spain, Portugal, Belgium… • Very positive engagement of all authorities, social partners and labour inspectors of the target countries

19. Thank you for your attention For further information: http://www.ilo.org/public/english/region/eurpro/budapest/