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Labour Inspection Convention, 1947 (No. 81) - Barbados (RATIFICATION: 1967)

Other comments on C081

Observation

Direct Request

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With reference to its observation, the Committee would like to raise the following additional points.

Articles 3(2), 10 and 16 of the Convention. Human resources of the labour inspectorate and additional duties entrusted to inspection officers. The Committee notes that there are currently eight labour officers working in the Industrial Relations Section and eight labour officers working in the Safety and Health Section of the Labour Department at the Ministry of Labour, with a senior labour officer heading each section. It further notes that the Executive Council of the Barbados Workers’ Union (BWU), in a communication dated 31 August 2011, welcomes the increase in the number of labour inspectors from four to nine in recent years, but indicates that this number is still inadequate in view of the increased responsibilities of labour inspectors under the Safety and Health at Work Act (SHAW).

The Committee observes that the terms “labour officer” and “labour inspector” are used interchangeably, but that it is not clear from the information provided whether all labour officers have the status of labour inspectors and how much of their time is devoted to other functions, to the detriment of their inspection functions.

In this regard, the Committee notes that labour inspectors or labour officers in the Industrial Relations Section of the Labour Department are also responsible for the conciliation of individual labour disputes and the production of reports for international bodies. Furthermore, as it might appear from the observations made by the BWU and the responsibilities allocated to the chief labour officer under the SHAW, labour officers in the Safety and Health (OSH) section have a number of duties, including: investigating occupational accidents; issuing orders (such as re examination orders) in response to the reports received on certified machinery (such as steam boilers, pressure vessels, lifting machines); the resolution of issues relating to the recommendations of safety and health commissions at the workplace level, etc.

The Committee reminds the Government of the primary functions under Article 3(1) of the Convention (enforcement of the legal provisions relating to conditions of work and the protection of workers and advice to employers and workers), and of the guidelines provided in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”.

The Committee asks the Government to provide clarifications as to whether all labour and OSH officers have the status of labour inspectors. Please also provide information on any other functions assumed by them, as well as an estimate of the time spent on activities focusing on primary labour inspection duties in relation to their other duties.

In the light of the limited human resources available to the inspectorate and the wide range of activities entrusted to it, the Committee hopes that the Government will take the necessary measures, in accordance with Article 3(2) of the Convention, to ensure that any other functions entrusted to inspection officers do not interfere with the effective discharge of their primary duties.

Articles 3 and 16. Integrated approach to inspections in the area of general labour conditions and OSH. The Committee notes that the Government has not reported on the outcome of discussions on an integrated approach to workplace inspections, to which the Government referred in its previous report, in which it indicated that labour officers and OSH officers had already received training on the introduction of this concept. The Committee once again requests the Government to supply information on any measures taken or envisaged for the implementation of this approach at the workplace level and its impact on the work of inspection officers.

Article 7. Training of labour inspectors. The Committee notes the information provided by the Government that labour officers have received in house training, OSH officers have received additional training to enhance their knowledge in specific areas and that training was provided by the ILO Decent Work Team and Office for the Caribbean, although no details were provided. The Committee asks the Government to provide information in its next report that is as detailed as possible on the training provided for labour inspectors (subjects covered, number of participants, duration, etc.). Please provide information on whether these training activities included training in the area of OSH in relation to the different sectors of economic activities which are now covered by labour inspection.

Article 11. Material means and transport facilities available to labour inspectors. The Committee notes that labour inspectors have access to an interest-free loan of the equivalent of $25,000 Barbadian dollars (BBD) repayable over seven years for the purchase of a vehicle, and that a travelling allowance is currently paid at the rate of $BBD1.09 per km. The Committee asks the Government to provide detailed information on the office equipment available to labour inspectors (number of offices, computers, printers, paper, inspection forms, etc.), as well as any transport facilities available other than those purchased by the inspection officers themselves (where applicable).

Please also provide information on the total amount of travel expenses reimbursed to inspection officers in the performance of their duties during the period covered by the next report.

Articles 5(a), 17 and 18. Adequacy and enforcement of penalties. Cooperation between the labour inspectorate and the judicial authorities. The Committee notes the Government’s indications that, in addition to the increased level of penalties for the violation of several provisions of the SHAW, the review of the Shops Act and Holidays with Pay Act and the adoption of the Employment Rights Act are further attempts to increase the level of currently existing penalties which, as the Committee noted previously, were considered too low by the Government to be dissuasive.

Referring to its previous observations, in which it noted that the level of penalties for contraventions of the SHAW and its accompanying regulations, for which no specific penalty is provided, remained the same as in the repealed Factories Act of 1987 (that is a fine of $BBD500 and a further fine of $BBD100 for each day in respect of which the offence continues), the Committee recalled previously that the amount of fines should be regularly adjusted to take account of inflation and that it would be regrettable if employers were in a position to opt for the payment of fines as a less costly alternative to the adoption of the measures necessary to ensure compliance with the labour legislation.

While section 129 of the SHAW provides that “all prosecutions under this Act shall be by information in the name of the Chief Labour Officer”, the Committee notes that the Government has not provided the requested information with regard to plans to strengthen cooperation between the inspectorate and the judicial system in the framework of the legislative reform, as it announced in its previous report. The Committee requests the Government to keep the ILO informed of any measures taken to ensure that penalties are dissuasive and effectively enforced. In this regard, it also asks the Government to indicate the number of cases referred to the judicial authorities by the labour inspectorate, the number of cases dealt with by the courts, the type of penalties imposed, the areas of labour law concerned, etc. Please also include this information in the annual labour inspection reports.

Referring to its 2007 general observation, the Committee once again asks the Government to indicate the arrangements made or envisaged to enhance effective cooperation between labour inspection officers and the judicial authorities.