Each Member of the International Labour Organisation for which this Convention is in force shall have a system of labour inspection in industrial establishments.

1. The system of labour inspection in industrial establishments will apply to all establishments for which labour inspectors are responsible for ensuring the application of the legal provisions relating to working conditions and The protection of workers in the exercise of their profession.

2. National legislation may exempt mining and transport undertakings or parts thereof from the application of this Convention.

1. The labour inspection system will be responsible for:

A.

To ensure the application of the legal provisions relating to the conditions of work and the protection of workers in the exercise of their profession, such as the provisions relating to working hours, wages, security, Health and welfare, the employment of children and adolescents, and other related matters, to the extent that labour inspectors are responsible for the implementation of those provisions;

B.

Provide information and technical advice to employers and workers on the most effective means of complying with legal provisions;

C.

To bring to the attention of the competent authority deficiencies or abuses which are not specifically covered by the existing legal provisions.

(2) If other functions are entrusted to the labour inspectors, they shall not interfere with the exercise of their principal functions or prejudice the necessary authority or impartiality in any way whatsoever. Inspectors in their relations with employers and workers.

As long as this is compatible with the administrative practice of the Member, the Labour Inspectorate will be placed under the supervision and control of a central authority.

2. If it is a federal state, the term "central authority" may refer to either the federal authority or a central authority of a federated constituent entity.

The competent authority shall take appropriate measures to promote:

A.

Effective cooperation between inspection services, on the one hand, and other government services and public and private institutions engaged in similar activities, on the other;

B.

Collaboration between labour inspection officials and employers and workers or their organizations.

The inspection staff shall be made up of public officials whose status and conditions of service ensure stability in their employment and make them independent of any change of government and of any external influence Indue.

Subject to the conditions under which national legislation would support the recruitment of members of public services, labour inspectors shall be recruited only on the basis of the candidate's ability to carry out the tasks which he or she will have Assume.

2. The means of verifying such skills shall be determined by the competent authority.

3. Labour inspectors shall be given appropriate training in the performance of their duties.

Both women and men may be designated as members of the inspection service; if necessary, special tasks may be assigned to inspectors or inspectors respectively.

Each Member shall take the necessary measures to ensure the cooperation of duly qualified experts and technicians, including medical, mechanical, electrical and chemical technicians, in the operation of the inspection, according to the Methods considered to be most appropriate to national conditions, in order to ensure the application of the legal provisions relating to the hygiene and safety of workers in the exercise of their profession, and to ascertain the effects of the processes Employees, materials used and methods of work, hygiene and safety of the Workers.

The number of labour inspectors shall be sufficient to ensure the efficient performance of the duties of the inspection service and shall be fixed taking into account:

A.

Of the importance of the tasks that the inspectors will have to perform, including:

(i)

The number, nature, size and situation of establishments subject to inspection control,

(ii)

The number and diversity of the categories of workers employed in these establishments,

(iii)

The number and complexity of the legal provisions to be enforced;

B.

Physical means of enforcement made available to inspectors;

C.

Practical conditions under which inspection visits are to be carried out in order to be effective.

The competent authority shall take the necessary measures to provide labour inspectors with:

A.

Local offices that are appropriately adapted to the needs of the service and accessible to all;

B.

The transport facilities necessary for the performance of their duties when there are no suitable public transport facilities.

2. The competent authority shall take the necessary measures for reimbursement to labour inspectors of all travel expenses and any incidental expenses necessary for the performance of their duties.

1. Labour inspectors with supporting documents will be permitted to:

A.

Enter freely without prior warning at any time of day and night in any establishment subject to inspection control;

B.

Enter the day on all premises that they may have reasonable grounds to assume are subject to inspection control;

C.

To carry out any examinations, inspections or investigations deemed necessary to ensure that the legal provisions are actually complied with, in particular:

(i)

To question, either alone or in the presence of witnesses, the employer or the employees of the undertaking on all matters relating to the application of the legal provisions,

(ii)

To request the communication of all books, records and documents prescribed by the legislation relating to working conditions, with a view to verifying their conformity with the legal provisions and copying or establishing them Extracts,

(iii)

To require the posting of notices which are provided for in the legal provisions,

(iv)

Collect and carry for the purpose of analysing samples of materials and substances used or handled, provided that the employer or its representative is notified that substances or substances have been removed and taken for that purpose.

(2) On the occasion of an inspection visit, the inspector shall inform the employer or his representative of his presence, unless he considers that such an opinion may be prejudicial to the effectiveness of the inspection.

1. Labour inspectors shall be permitted to initiate measures to eliminate defects found in an installation, fit-up or working methods which they may have reasonable grounds to consider as a Threat to the health or safety of workers.

2. In order to be able to provoke such measures, inspectors shall have the right, subject to any judicial or administrative action that may be taken by national law, to order or make an order:

A.

To the installations, within a fixed period, the modifications necessary to ensure the strict application of the legal provisions concerning the health and safety of workers;

B.

Immediate and enforceable measures are taken in cases of imminent danger to the health and safety of workers.

(3) If the procedure laid down in paragraph 2 is not compatible with the administrative and judicial practice of the Member, the inspectors shall have the right to apply to the competent authority for injunctions or action Immediately enforceable.

The labour inspectorate will have to be informed of accidents at work and cases of occupational disease in cases and in the manner prescribed by national legislation.

Subject to the exceptions that national legislation may provide, labour inspectors shall:

A.

Will not have the right to have any direct or indirect interest in the undertakings under their control;

B.

Shall be liable, subject to appropriate criminal sanctions or disciplinary measures, to fail to disclose, even after leaving their service, the trade or trade secrets or the operating procedures they may have had Knowledge in the performance of their duties;

C.

Shall treat as absolutely confidential the source of any complaint indicating a defect in the installation or an infringement of the legal provisions and shall refrain from disclosing to the employer or its representative that it has been carried out An inspection visit as a result of a complaint.

The establishments will have to be inspected as often and carefully as is necessary to ensure the effective implementation of the legal provisions in question.

Persons who violate or neglect to observe the legal provisions whose enforcement is the responsibility of the labour inspectors will be subject to immediate legal proceedings, without prior warning. However, national legislation may provide for exceptions in cases where a prior warning has to be given in order to remedy the situation or to take preventive measures.

2. It is left to the free decision of labour inspectors to give warnings or advice instead of initiating or recommending prosecution.

Appropriate sanctions for violation of the legal provisions whose application is subject to the supervision of labour inspectors and for obstructing labour inspectors in the performance of their duties will be provided for in the legislation National and effectively applied.

1. Labour inspectors or local inspection offices, as appropriate, will be required to submit to the central inspection authority periodic reports of a general nature on the results of their activities.

2. These reports shall be drawn up in the manner prescribed by the central authority and shall deal with matters indicated from time to time by the central authority; they shall be submitted at least as frequently as the central authority prescribes, and, in all cases, Cases, at least once a year.

The central inspection authority shall publish an annual general report on the work of the inspection services under its control.

2. These reports shall be published within a reasonable period of time not exceeding 12 months, from the end of the year to which they relate.

(3) Copies of the annual reports shall be communicated to the Director General of the International Labour Office within a reasonable period of time after their publication, but in any case within a period not exceeding three months.

The annual report published by the central inspection authority will cover the following topics:

A.

Laws and regulations under the jurisdiction of the Labour Inspectorate;

B.

Labour inspection staff;

C.

Statistics of establishments subject to inspection control and number of workers employed in these establishments;

D.

Statistics on inspection visits;

E.

Statistics of offences committed and sanctions imposed;

F.

Accidents at work statistics;

G.

Occupational disease statistics;

As well as on any other matters relating to these matters, provided that these subjects and points fall under the control of that central authority.

Each Member of the International Labour Organization for which this Part of this Agreement is in force shall have a work inspection system in commercial establishments.

The system of labour inspection in commercial establishments shall apply to establishments for which labour inspectors are responsible for ensuring the application of the legal provisions relating to working conditions and Protection of workers in the exercise of their profession.

The labour inspection system in commercial establishments shall comply with the provisions of Articles 3 to 21 of this Convention, provided that they are applicable.

Any Member of the International Labour Organisation which ratifies this Convention may, by a declaration accompanying its ratification, exclude Part II from its acceptance of the Convention.

(2) Any Member who has made such a declaration may cancel it at any time by a subsequent declaration.

(3) Any Member in respect of which a declaration made in accordance with paragraph 1 of this article shall indicate each year, in its annual report on the application of this Convention, shall indicate the status of its legislation and practice Concerning the provisions of Part II of this Convention, specifying the extent to which it has been acted upon or proposed to be acted upon.

In cases where it does not seem certain that an establishment or a party or service of an establishment is subject to this Convention, it shall be up to the competent authority to decide the matter.

In this Convention, the term "legal provisions" includes, in addition to legislation, arbitral awards and collective contracts that have the force of law and whose labour inspectors are responsible for enforcing the law.

Detailed information on all national legislation giving effect to the provisions of this Convention shall be contained in the annual reports to be submitted in accordance with Article 22 of the Constitution of the Organization International Labour ¹ .

Where the territory of a Member includes large areas where due to the sparse character of the population or because of the state of their development, the competent authority considers it impracticable to apply the provisions of this Convention, it may exempt such regions from the application of the Convention in general terms or with the exceptions it considers appropriate in respect of certain establishments or certain works.

(2) Any Member shall indicate in its first annual report to be submitted on the application of this Convention under Article 22 of the Constitution of the International Labour Organization ¹ , any region for which it proposes to have recourse to the provisions of this Article, and shall give the reasons why it intends to use those provisions. Thereafter, no Member shall have recourse to the provisions of this Article, except in respect of the regions which it has so indicated.

(3) Any Member making use of the provisions of this Article shall indicate, in his subsequent annual reports, the regions for which he waives the right to use those provisions.

With regard to the Territories referred to in Article 35 of the Constitution of the International Labour Organization ¹ As amended by the Instrument for Amendment to the Constitution of the International Labour Organization, 1946, excluding the territories covered by paragraphs 4 and 5 of the said Article, as amended, any Member of the Organization that Ratifies this Convention shall communicate to the Director General of the International Labour Office, as soon as possible after its ratification, a declaration stating:

A.

The territories for which it undertakes to ensure that the provisions of the Convention are applied without modification;

B.

The territories for which it undertakes to ensure that the provisions of the Convention are applied with modifications, and what those amendments consist of;

C.

The territories to which the Convention is inapplicable and, in such cases, the reasons for which it is inapplicable;

D.

The territories for which it reserves its decision.

2. The commitments referred to in subparagraphs (a) and (b) of the first paragraph of this Article shall be deemed to be integral parts of the ratification and shall bear the same effects.

(3) Any Member may renounce a new declaration to all or part of the reservations contained in its earlier declaration under paragraphs 1 (b), (c) and (d) of this article.

4. Any Member may, during the periods during which this Convention may be denounced in accordance with the provisions of Article 34, communicate to the Director General a new declaration amending in any other respect the terms of Any previous statements and the situation in specified territories.

1. Where the matters dealt with in this Convention fall within the competence of the authorities of a non-metropolitan territory, the Member responsible for the international relations of that territory, in agreement with the Government of the said territory, may communicate to the Director General of the International Labour Office a declaration of acceptance, on behalf of that Territory, of the obligations of this Convention.

2. A declaration of acceptance of the obligations of this Convention may be communicated to the Director General of the International Labour Office:

A.

By two or more Members of the Organization for a territory under their joint authority;

B.

By any international authority responsible for the administration of a territory under the provisions of the Charter of the United Nations ¹ Or any other provision in force in respect of that territory.

(3) Declarations communicated to the Director General of the International Labour Office in accordance with the provisions of the preceding paragraphs of this Article shall indicate whether the provisions of the Convention shall be applied in the Territory With or without amendment; where the declaration indicates that the provisions of the Convention apply subject to change, it shall specify what those amendments are.

4. The Member or interested Members or international authority may waive, in whole or in part, a subsequent declaration to the right to invoke an amendment indicated in an earlier declaration.

5. The Member or the interested Member or international authority may, during the periods during which the Convention may be denounced in accordance with the provisions of Article 34, communicate to the Director General a new Declaration amending in any other respect the terms of any previous declaration and making known the situation as regards the application of that Convention.

The formal ratifications of this Convention shall be communicated to and registered by the Director General of the International Labour Office.

(1) This Convention shall only bind the Members of the International Labour Organization whose ratification has been registered by the Director General.

2. It shall enter into force twelve months after the ratifications of two Members have been registered by the Director General.

3. Thereafter, this Convention shall enter into force for each Member twelve months after the date on which its ratification has been registered.

1. Any Member having ratified this Convention may denounce it at the expiration of a period of ten years after the date of the initial entry into force of the Convention by an act communicated to the Director General of the International Labour Office And by registered him. The denunciation shall take effect only one year after being registered.

2. Any Member having ratified this Convention which, within one year of the expiration of the ten-year period referred to in the preceding paragraph, shall not make use of the right of denunciation provided for in this Article shall be bound For a new period of ten years and thereafter may denounce this Convention at the expiration of each ten-year period under the conditions laid down in this Article.

The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications, statements and denunciations communicated to it by Members of the International Labour Organization. The Organization.

2. By notifying the Members of the Organization of the registration of the second ratification which has been communicated to it, the Director General shall call the attention of the Members of the Organization on the date on which this Convention enters into force Vigor.

The Director-General of the International Labour Office will communicate to the Secretary-General of the United Nations for registration, in accordance with Article 102 of the Charter of the United Nations ¹ , complete information about all ratifications, declarations and any denunciation that it has registered in accordance with the previous articles.

Whenever it deems it necessary, the Governing Council of the International Labour Office shall submit to the General Conference a report on the application of this Convention and consider whether it should be included in the agenda of the Conference the question of its total or partial revision.

1. In the event that the Conference adopts a new convention for the total or partial revision of this Convention, and unless the new Convention provides otherwise:

A.

Ratification by a Member of the new revision agreement would automatically entail, notwithstanding Article 34 above, the immediate termination of this Convention, provided that the new revision agreement is entered into In force;

B.

From the date of entry into force of the new revision agreement, this Convention shall cease to be open for ratification by Members.

(2) This Convention shall in any case remain in force in its form and content for Members who have ratified it and which do not ratify the revised Convention.

The English and French versions of the text of this Agreement are equally authentic.

(Suivent signatures)