INTERNATIONAL LABOR ORGANIZATION CONVENTION

of July 11, 1947 No. 81

About inspection of work in the industry and trade

General conference of the International Labour Organization,

called in Geneva by Administrative board of the International Labor Office and gathered on June 19, 1947 for the thirtieth session,

having decided to accept number of offers on inspection of work in the industry and trade that is the fourth item on the agenda of session,

having decided to give to these offers the form of the international convention, accepts this eleventh day of July, one thousand nine hundred forty seventh the following Convention which can hereinafter be referred to as as the Convention of 1947 on inspection of work:

Section I. Inspection of work in the industry

Article 1

Each member of the International Labour Organization concerning whom this Convention became effective shall have system of inspection of work on industrial enterprises.

Article 2

1. The system of inspection of work on industrial enterprises extends to all companies concerning which inspectors of work shall provide application of the provisions of the legislation relating to working conditions and to protection of workers in the course of their work.

2. The national legal system can withdraw from under operation of this Convention of the company of mining industry and transport or part of these companies.

Article 3

1. Enters task of system of inspection of work:

a) ensuring application of provisions of the legislation in the field of working conditions and safety of workers in the course of their work, as, for example, regulations on duration of the working day, the salary, labor safety, health care and welfare, use of work of children and teenagers and on other similar questions, in that measure in what inspectors of work should provide application of the specified provisions;

b) providing entrepreneurs and workers with technical information and councils about the most effective remedies of observance of legislative provisions;

c) bringing to data of competent authority of the power of the facts of failure to act or abuse which do not fall under operation of the existing legislative provisions.

2. If inspectors of work are charged with other functions, then the last shall not interfere with implementation of their main functions and cause somehow damage to authority or impartiality, necessary inspectors on their relations with entrepreneurs and workers.

Article 4

1. Inspection of work is in that degree in what it is compatible to administrative practice of organization member, under observation and control of the central power.

2. In case of the federal state expression "the central body" can mean either the central body of federation, or the central body of one of components of federation.

Article 5

The competent authority of the power takes adequate measures to help:

a) to effective cooperation between services of inspection, on the one hand, and other government services, and also the public and private institutions performing similar activities - with another;

b) to cooperation between employees of inspectorate of work and entrepreneurs and workers or their organizations.

Article 6

The personnel of inspection consist of government employees whose status and working conditions provide stability of occupation with them to position and do them independent of any changes in the government or any undue external influence.

Article 7

1. On condition of observance of provisions to which the national legal system can subordinate set of the serving public institutions inspectors of work are recruited only based on suitability of the candidate to accomplishment of tasks which will be assigned to it.

2. Methods of check of such suitability are determined by competent authority of the power.

3. Inspectors of work receive the corresponding preparation for implementation of the functions.

Article 8

In structure of personnel of inspection both men, and women can be appointed; in case of need singular problems can be assigned to male inspectors and female inspectors respectively.

Article 9

Each organization member takes necessary measures in order that skilled experts and specialists, including specialists in medicine, mechanics, electricity and chemistry, would be involved inspections in such forms which will be acknowledged the most answering to national conditions, with the purpose to provide application of the legislative provisions relating to health care and safety of workers during their work and also to obtain information on influence of the applied methods, the used materials and methods of work on the state of health and safety of workers.

Article 10

The number of inspectors of work shall be sufficient for ensuring effective implementation of functions of inspection service; it is established taking into account:

a) importance of tasks which shall carry out inspectors, and in particular:

i) numbers, nature, the size and arrangement of the companies falling under control of inspection;

ii) number and categories of the workers occupied at these companies;

iii) quantities and difficulties of legislative provisions which use they should provide;

b) the appliances made available to inspectors and

c) practical conditions in which inspection visits shall be performed to be effective.

Article 11

1. The competent authority of the power takes necessary measures in order that were at the disposal of inspectors of work:

a) the local bureaus equipped according to needs of inspection service and available to all interested persons;

b) the vehicles necessary for implementation of their functions if there are no appropriate means of public transport.

2. The competent authority of the power takes necessary measures for the purpose of compensation to movement inspectors of work of all expenses and any additional expenses necessary for implementation of their functions.

Article 12

1. The inspectors of work supplied with the documents certifying their powers have the right:

a) free pass without prior notice and at any time on any company covered by control of inspection;

b) enter in the afternoon all buildings which they have good causes to consider falling under control of inspection;

c) exercise any checks, control and investigations which they can consider necessary to make sure that legislative provisions are effectively observed, and in particular:

i) alone or in the presence of witnesses to ask questions to the entrepreneur or personnel of the company for all areas relating to application of legislative provisions;

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