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Labour Inspection Convention, 1947 (No. 81) - Bahamas (RATIFICATION: 1976)

Other comments on C081

Observation

Direct Request

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Legislative reforms. The Committee notes the Government’s indication that, in an effort to ensure that national labour inspection standards are fully aligned with international labour standards, the National Tripartite Council and the Department of Labour are reviewing the Employment Act and other relevant legislation to enhance labour inspection powers and procedures. The Committee requests the Government to provide information on the progress made in the context of its legislative review process, and to provide a copy of any legislative texts adopted in this regard.

Articles 10, 11 and 16 of the Convention. Human resources and material means of the labour inspectorate. The Government indicates that in March 2022 it conducted a labour inspection needs assessment which highlighted an urgent need for resources, including staff, funding, office space, IT equipment, training, and clearly defined strategic inspection plans. Following the needs assessment, the Government indicates that the labour inspection portfolios were restructured in an effort to better utilize the limited personnel and maximize their output. As part of the restructuring process, the Rapid Response Unit was created to deal with customer complaints and inquiries lodged with the inspectorate. The unit, composed of one security officer/inspector and four trainee inspectors, has a 24-hour call centre to assist with customer inquiries, walk-in customer complaints and investigation of disputes. The Government further indicates that the Occupational Safety and Health Administration (OSHA), headed by the Chief Safety Officer, is composed of ten inspectors and one assistant inspector. The OSHA is responsible for all external inspections. While recognizing these restructuring efforts, the Committee notes the absence of any measures taken to address the significant ongoing constraints on labour inspection resource capacity. Accordingly, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate in accordance with Article 10 and that inspectors are provided with adequate material resources, in conformity with Article 11 of the Convention. It also requests the Government to provide information on the measures taken to ensure that workplaces are inspected as often as is necessary for the effective application of the relevant legal provisions, as required by Article 16 of the Convention.

Article 15(b) and (c). Professional secrecy. Confidentiality of complaints. In its previous comments, the Committee requested the Government to provide information on the measures taken or envisaged to give effect to the requirements of Article 15(b) and (c) of the Convention. The Government indicates that there are no substantial developments on the matter and that operational procedures are currently under review. The Employment Act is being amended and the Government anticipates that the outlined concerns will be addressed in the process. In the context of the ongoing legislative reform, the Committee once again requests the Government to provide information on the measures taken to ensure that labour inspectors: (i) are bound not to reveal, even after leaving the service, any manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties; and (ii) treat as absolutely confidential the source of any complaint and give no intimation to the employer that an inspection visit was made in consequence of the receipt of such a complaint, in conformity with Article 15(b) and (c).

Articles 20 and 21. Publication and communication to the ILO of annual reports on the work of the inspection services. In its previous comments, the Committee urged the Government to take the necessary measures to ensure that annual reports on labour inspection are published and communicated regularly to the ILO. The Committee notes the Government’s indication that statistics are being captured for both the OSHA and the Rapid Response Unit. It notes in this regard the statistical information provided in the Government’s report on the work of the Rapid Response Unit for the period February to March 2022, including the number of walk-in queries, call responses, query responses, conciliations pending, and resolutions. The Government indicates that it will provide complete annual statistical reports for the OSHA and the Rapid Response Unit in its next report. While taking due note of this information, the Committee once again urges the Government to take the necessary measures to ensure that annual reports on labour inspection are published and communicated regularly to the ILO within the time limits set out in Article 20 and that they contain the following information required by Article 21: (a) laws and regulations relevant to the work of the inspection service; (b) statistics on the staff of the labour inspection service; (c) statistics of workplaces liable to inspection and the number of workers employed therein; (d) statistics of inspection visits; (e) statistics of violations and penalties imposed; and (f) and (g) statistics of industrial accidents and of occupational diseases.

[The Government is asked to reply in full to the present comments in 2024.]