SECTION II - INSPECTIONS Article 233
Visits to establishments and inspections for the purpose of enforcement of the legislative provisions and regulations regarding health, working conditions and safety shall be made by Labour Inspectors and Labour Controllers. Labour Medical Inspectors and experts in work safety shall collaborate to implement these inspection missions.
After inspection, if infractions are found, the Labour Inspector shall serve notice on the manager of the establishment by indicating all points that do not comply with the provisions of Chapter VIII of this labour law and the Prakas for its implementation.
Article 234
Before drawing up an official report, the Labour Inspectors and Controllers must serve a formal notice on the managers of the establishments to comply with the provisions of Prakas for implementing Articles 229 to 231, when this procedure is required.
By derogation of this rule, the Labour Inspectors and Controllers can, without serving prior notice, write up an official report when they have identified a serious or imminent danger to the health or safety of the workers.
Article 235
The serving of formal notice must also be used when a dangerous situation is identified and resulted from an infraction of the general provisions even if they have not yet been the subjects of specific provisions for implementation.
Article 236
The serving of a formal notice must be done in writing, either in the register of the establishment or by recorded delivery or registered letter with acknowledgement of receipt. The formal notice shall be dated and signed, with specification of the infractions or identified dangers, and set a deadline for remedyin g them.
If the infraction has not been remedied by the deadline, the Labour Inspector or
Controller can write up an official report.
Article 237
Before the expiration of the deadline, the employer can lodge a complaint to the Ministry in charge of Labour. This complaint does not conflict with the serving of the formal notice. The Minister can give a ruling on this within 30 days with well grounded justification. If there is no written notification of this ruling within the time allowed, the complaint is deemed accepted.