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Labour Inspection Convention, 1947 (No. 81) - Trinidad and Tobago (RATIFICATION: 2007)

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Previous comments

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

Labour Inspection Convention, 1947 (No. 81)

Articles 5(a), 17 and 18 of the Convention. Cooperation with the justice system and effective enforcement of legal provisions. Following its previous comment, the Committee notes the Government’s indication in its report that the Ministry of Labour is not pursuing the development of a national labour inspection policy at this time. The Government adds that information on any further developments will be provided in due course. While taking note of this information, the Committee requests the Government to provide any update on the adoption of such policy in the future.
Article 5(b). Collaboration with employers and workers or their organizations. In reply to the Committee’s previous comment, the Government reiterates that information on the establishment and operation of OSH committees is requested and reviewed by OSH inspectors during inspection visits and that their findings form part of the inspection report. It also indicates that the Joint Select Committee on Local Authorities, Service Commissions and Statutory Authorities (including the Tobago House of Assembly), in its 12th Report on an inquiry into the occupational safety and health compliance within the public service (2018-19), highlighted, inter alia, the importance of ensuring that Safety and Health Committees are established to facilitate effective oversight. The Committee once again requests the Government to provide more detailed information on the activities carried out by OSH committees in workplaces, including specific information on the number, subject matter, and outcomes of investigations requested by OSH committees.
Article 6. Status of labour inspectors. 1. Status of OSH inspectors. In response to its previous comment, the Committee notes the Government’s indication that a number of measures, set out in the 2019-23 Strategic Plan, have been taken to address the operations of OSHA, including: (i) the recommendation of a new organizational structure; (ii) the modification of job descriptions for newly-created positions; and (iii) the conduct of a cost analysis (for new positions) with the intention of upgrading the current salaries. The Committee notes the Government’s indication that these measures are being undertaken with the intention of converting the organization from a contractual employment structure to a permanent employment structure. The Government further indicates that the positions of Labour Inspector I and Labour Inspector II in the Labour Inspectorate Unit (LIU) of the Ministry of Labour are currently being reclassified under a job evaluation exercise. The Government anticipates that the minimum educational entry requirements for the positions will be upgraded. Once the job evaluation exercise is completed, the Ministry of Labour is hoping to fill the vacancies by recruiting labour inspectors under the new and upgraded entry requirements. The Committee requests the Government to provide information on the impact of the measures taken, including those set out in the 2019-23 Strategic Plan and in the job evaluation exercise, to ensure that OSH inspectors are public officials assured of stability of employment, in conformity with Article 6 of the Convention. It also requests once again the Government to provide information on compensation and benefits provided to OSH inspectors in comparison to government employees or contractors exercising similar duties and responsibilities, such as tax inspectors or the police.
2. Status of Chief Labour Inspector and Senior Labour Inspector. Following its previous comments on the ongoing process of classification of the positions of Chief Labour Inspector and Senior Labour Inspector of the LIU, the Committee notes the Government’s indication that, in October 2019, the Permanent Secretary of the Ministry of Labour submitted to the Chief Personnel Officer the amended classification questionnaires for the offices of the Senior Labour Inspector, Labour Inspector I, and Labour Inspector II. The Government adds, however, that the classification exercise has not yet been finalized. The Committee notes the Government’s indication that, as in interim measure, the Minister of Labour approved the employment, on contract, of a Senior Labour Inspector Specialist for a period of three years, with this officer assuming duties in October 2022, as well as a Chief Labour Inspector Specialist, for a period of three years, with this officer assuming duties in August 2022. Noting that these positions have been temporarily filled on a contractual basis, the Committee requests the Government to provide information on any developments related to the classification of the posts of Chief Labour Inspector and Senior Labour Inspector, as well as on the filling of the positions on a permanent basis.
Articles 7(1) and (2), 10, 11 and 16. Recruitment and number of inspectors. Number of inspections. Material means. The Committee notes the Government’s indication that there are 14 inspectors (15 in 2020) in the LIU that carried out 120 inspections in 2021 and 729 in 2022. The Committee also notes that the OSHA has 31 inspectors (38 in 2020) and that there has been a declining trend in the number of inspections carried out (from 3,569 in 2019, to 2,096 in 2020, 1,746 in 2021 and 1,529 in 2022). The Government indicates that there are 60 sanctioned positions in the OSHA but that the lack of office space to place all inspectorate staff and the lack of funds for ancillary items that are necessary for the inspectors to function efficiently (including for example, personal protective equipment, laptops, phones, etc.), are the main factors that have affected the Agency’s ability to fill the remaining positions. The Government indicates that the Agency is currently in the process of obtaining a larger office space. The Committee once again urges the Government to pursue its efforts to fill the substantial number of remaining vacant inspector positions at the OSHA and to take the necessary measures to address the lack of funding and office space. The Committee requests the Government to provide information on any progress in this regard. The Committee requests the Government to indicate the number of vacant positions in the LIU and to continue to provide information on the number of inspection visits undertaken by the LIU and OSHA.
Articles 20 and 21. Publication and communication of an annual report on labour inspection. Following its previous comment, the Committee notes the Government’s indication that the OSHA’s annual report, which covers the period October 2019 to September 2020, was submitted to the Ministry of Labour for transmission to Parliament, in accordance with national legislation. The Committee notes that no labour inspection report has been published and transmitted to the Office. The Committee once again requests the Government to pursue its efforts to ensure the publication of OSHA and LIU annual reports. The Committee also requests the Government to transmit a copy of these reports to the ILO, in conformity with Articles 20 of the Convention and to ensure that they contain all the information requested in Article 21 of the Convention.

Labour Administration Convention, 1978 (No. 150)

Article 4. Coordination of functions and responsibilities within the labour administration system. In reply to the Committee’s previous request, the Government indicates that numerous aspects of the 2017-20 Strategic Plan were implemented, including the strengthening of the labour administration arm of the Ministry of Labour and, in particular, the LIU, the Conciliation, Advisory and Advocacy Division, and the Labour Market Information System. The Government indicates that the Ministry of Labour is in the process of developing a new strategic plan for the 2024-28 period and that the work of the Ministry is closely aligned to the themes identified in the National Development Strategy (Vision 2030). Some of the goals and strategies articulated under the various themes include providing a clear framework of rights and responsibilities in the workplace; protecting the safety and health of workers; reviewing and reforming all existing labour legislation, and developing new legislation where necessary; and strengthening the relationship between the Government and the social partners. The Committee requests the Government to continue to provide information on the measures taken to ensure the coordination of the functions and responsibilities of the labour administration system. In this respect, it requests the Government to provide information on the development, implementation and results achieved in the framework of the strategic Plan of the Ministry of Labour for the 2024–28 period.
Article 10. Human resources and material means necessary for the operation of the labour administration system. Following its previous comment, the Committee notes the Government’s indication that measures were taken to fill vacancies within the labour administration system. For example, the Government indicates that, in February 2023, the Director of Personnel Administration of the Service Commission Department was requested to urgently fill the vacant offices of Senior Labour Relations Officer, Labour Relations Officer I, and Labour Relations Officer II within the Conciliation, Advisory and Advocacy Division of the Ministry of Labour. The Government indicates that as an interim measure, the Ministry of Labour continues to employ persons on a contractual basis and that the Cabinet recently approved 19 positions to be filled on contract within the Conciliation, Advisory and Advocacy Division. With respect to the material means of the labour administration system, the Government indicates that the Ministry of Labour continues to provide resources for the operation of the labour administration. With reference to its comments above concerning Articles 6, 10 and 11 of Convention No. 81, the Committee requests the Government to continue to provide information on the measures taken to ensure that the staff of the labour administration system have the status, the stability of employment, and the financial and material resources necessary for the effective performance of their duties, and to provide detailed information in this respect.

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The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020). It takes note of the Government’s indications concerning the impact of the COVID-19 pandemic on the implementation of the Conventions, particularly with respect to the carrying out of inspection visits and awareness campaigns.
In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

Labour inspection: Convention No. 81

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. Following its previous comment, the Committee notes the Government’s indication, in its report in response to the Committee’s previous request, that the function of conciliation is now exclusively carried out by the Conciliation Unit at the Ministry of Labour and Small Enterprise Development (MOLSED). It notes in this respect that, if the occupational safety and health (OSH) inspectors in the execution of their duties encounter issues which require conflict resolution, such matters are directed to the Conciliation Unit.
Article 5(a). Cooperation between the inspection services and other government services and public or private institutions. In its previous comment, the Committee took note that several Memoranda of Understanding (MOUs) had been signed between the OSH Agency and the Tobago House of Assembly; the Environmental Management Authority; the Trinidad and Tobago Fire Services and the Ministry of Energy and Energy Industries. In this regard, the Committee notes the Government’s indication that two additional MOUs have been signed between the OSH Agency and the Ministry of Health, and between the OSH Agency and the Trinidad and Tobago Bureau of Standards. It further notes the detailed information provided by the Government as an appendix to its report on the objectives of these MOUs and the measures undertaken to achieve them.
Articles 5(a), 17 and 18. Cooperation with the justice system and effective enforcement of legal provisions. The Committee previously noted the Government’s indication that it was developing a National Labour Inspection Policy aimed at providing clear guidance on, among other things, the referral of matters to the Industrial Court. The Committee takes note of the Government’s indication that the MOLSED is continuing its review of the role and function of the Ministry’s Labour Inspectorate Unit (LIU) as well as the impact of certain issues, such as trafficking, child labour and decent work for migrant workers, on the development of a National Labour Inspection Policy. The Committee requests the Government to continue to provide information on the National Labour Inspection Policy, including its impact on the application of the legal provisions enforceable by labour inspectors, and to provide a copy once adopted.
Article 5(b). Collaboration with employers and workers or their organizations. Following its previous comment on the activities of OSH committees in workplaces, the Committee notes the Government’s indication that information on the establishment and operation of these committees is requested and reviewed by OSH inspectors during inspection visits and that their findings form part of the inspection report. The Government also indicates that it is promoting the establishment of OSH committees within the public service, including as part of the ongoing Public Sector OSH Compliance Programme, which commenced in March 2019, and that a brochure on OSH committees was distributed to all Ministries. The Government further indicates that the OSH Agency, as part of its inspections, continues to monitor the establishment of OSH committees, in collaboration with the MOLSED. The Committee requests the Government to provide information on the activities carried out by OSH committees in workplaces, including information on the number, subject matter, and outcomes of investigations requested by OSH committees.
Article 6. Status of labour inspectors. 1. Status of OSH inspectors. Following its previous comment, the Committee notes the Government’s indication that OSH inspectors are engaged on a contractual basis, according to the terms and conditions set by the Human Resource Advisory Committee of the Government. The Committee also takes note of the “Employee Performance Management System Policy and Procedure”, submitted as appendices to the Government’s report, which fixes the criteria and procedures for assessing the performance of OSH inspectors on an annual basis and according to which the authorities responsible for the assessment are human resources and other officials within the OSH Agency. In this regard, it takes note of the “Separation and Termination Policy and Procedures”, also submitted with the Government’s report, which sets out the reasons for termination of OSH inspectors’ contracts, as well as the Grievance Policy and Procedures, under which they can initiate an appeal process. The Committee requests the Government to continue to provide information on the measures taken to ensure that OSH inspectors are public officials assured of stability of employment, in conformity with Article 6 of the Convention, including information on compensation and benefits provided to OSH inspectors in comparison to government employees or contractors exercising similar duties and responsibilities.
2. Status of Chief Labour Inspector and Senior Labour Inspector. Following its previous comments on the ongoing process of classification of the positions of Chief Labour Inspector and the Senior Labour Inspector of the LIU, the Committee notes the Government’s indication that classification questionnaires were issued for completion and sign off by the MOLSED. The Government indicates that the next step is to arrange and conduct a job audit with representatives of the MOLSED. It further indicates that the MOLSED is in the process of filling the Senior Labour Specialist positions and that a candidate was selected, but not yet hired, for the position of Chief Labour Inspector Specialist. Noting that these positions have been vacant for a number of years, the Committee urges the Government to continue to provide information on any developments related to completing the classification of the posts of Chief Labour Inspector and Senior Labour Inspector as well as on the filling of the vacant positions.
Articles 7(1) and (2), 10 and 16. Recruitment and number of inspectors. Number of inspections. Following its previous comment, the Committee notes the information from the Government that there are currently 15 inspectors at the LIU and 38 inspectors at the OSH Agency (which represents an increase from 28 in 2016 to 38 in 2019). With respect to the LIU, the Committee notes the Government’s indication that 18 positions are vacant. The Government indicates that MOLSED is liaising with the Service Commissions Department to fill the vacant positions of labour inspectors. The Committee notes the Government’s indication that the decline of inspections conducted by the LIU (from 1,177 in 2010 to 612 in 2015) was the result of the significant reduction in the number of inspectors from sixteen to ten due to resignations and compulsory retirement. The Government indicates that eight new labour inspectors were recruited in the latter part of 2015 and that, as a consequence, 1,637 inspections were conducted by the LIU in 2015–16. However, the number of inspections then declined to 1,527 in 2018–19. The Committee further notes with interest that the number of inspections conducted by the OSH agency increased from 1,630 in 2017 to 2,133 in 2018 and to 3,105 in 2019. The Committee notes the Government’s indication that, as a result of the COVID-19 pandemic, the number of inspections conducted by the OSH agency declined to 2,229 in 2020 and those conducted by the LIU to 576 in 2019-20. The Committee urges the Government to pursue its efforts to fill the substantial number of remaining vacant inspector positions at the LIU. It requests the Government to continue to provide information on the number of inspection staff, as well as specific information on the reasons for any remaining vacancies. It further requests the Government to continue to provide information on the number of inspection visits undertaken.
Articles 20 and 21. Publication and communication of an annual report on labour inspection. Following its previous comment, the Committee notes the Government’s indication that the OSH Agency has committed to submitting an annual report on labour inspection to the MOLSED in December 2020 and will cover the period from October 2019 to September 2020. The Committee requests the Government to pursue its efforts to ensure the publication of the annual general reports of the OSH Agency and the LIU, and to transmit a copy of these annual reports to the ILO, in conformity with Article 20 of the Convention.

Labour administration: Convention No. 150

Article 3 of the Convention. Activities in the field of national labour policy regulated by having recourse to direct negotiations between employers’ and workers’ organizations. The Committee previously requested information on any activities in the field of national labour policy regulated by having recourse to direct negotiations between employers’ and workers’ organizations. In this respect, it notes that the MOLSED continues to engage in multipartite consultations with the social partners to create revised labour legislation and it notes the information provided by the Government concerning the status of labour legislation consultations.
Article 4. Coordination of functions and responsibilities within the labour administration system. Following its previous comment, the Committee notes the Government’s indication that the MOLSED adopted a new Strategic Plan for the period 2017–20 together with an Implementation Plan in the context of the Government’s Official Policy Framework and the National Development Strategy 2016–30 (Vision 2030). It notes that six key priority areas of strategic focus have been identified cutting across all of the functional areas of the Ministry: (i) service delivery; (ii) multipartite stakeholder relationships; (iii) policy and legislation; (iv) results-based monitoring; (v) coordinated innovation and small enterprise development and training; and (vi) employment facilitation for persons with disabilities and other vulnerable groups. Regarding the Committee’s previous request concerning coordination between the MOLSED and the National Insurance Board of Trinidad and Tobago (NIBTT) with respect to social security issues, the Committee notes the information provided by the Government concerning different areas of collaboration between both agencies. These include: (i) providing information for the Labour Market Information System; (ii) participation in the Inter-Ministerial Committee for the Development of a Labour Migration Policy; (iii) discussions towards the establishment of a Memorandum of Understanding with the MOLSED; and (iv) participation in consultations on employment standards, severance benefits and foreign labour contracts in Trinidad and Tobago. The Committee requests the Government to continue to provide information on the measures taken to ensure the coordination of the functions and responsibilities of the labour administration system. In this respect, it requests the Government to provide information on the implementation of the Strategic Plan of the MOLSED for the period 2017 – 20, as well as information on any subsequent plans adopted.
Article 7. Extension of the functions of the labour administration system to include activities for the benefit of categories of workers who are not, in law, employed persons. Following its previous comment, the Committee notes the Government’s indication that the services of the LIU are mainly geared towards protecting the labour rights of vulnerable groups of workers, including low and unskilled workers, young persons, women, domestic workers, and migrant workers. It provides a decentralized service to rural communities, by visiting these areas on a monthly basis to record complaints and conduct inspections as well as conducting awareness campaigns. The Government indicates that, although the COVID-pandemic has negatively affected the public awareness campaigns, the LIU, in collaboration with the Communication Unit of the Ministry and the ILO Decent Work Team and Office for the Caribbean, conducted a social media campaign to raise awareness about rights and responsibilities of both workers and employers and the role of the LIU. With respect to domestic workers, the Government indicates that the LIU works closely with the National Union for Domestic Employees to ensure decent work for these workers. The Committee notes that, regarding migrant domestic workers, the LIU provides guidance to the Work Permit Section of the National Employment Services by reviewing employment contracts for consistency with labour law.
Article 9. Labour administration activities carried out by parastatal agencies and regional or local agencies. Following the Committee’s previous request concerning periodic reporting of parastatal agencies responsible for particular labour administration functions, the Committee notes the Government’s indication that the OSH Agency, the National Entrepreneurship Development Company Limited and the Cipriani College of Labour and Co-operative Studies are all governed by Boards whose members are approved by Cabinet and the Chairpersons are required to submit a number of reports to the MOLSED on the operations of the agencies, including an annual administrative report. The Government indicates that these administrative reports are submitted to Cabinet and, once approved, submitted to the President for presentation to Parliament and to the Joint Select Committee of Parliament on Statutory Authorities and State Enterprises. Additionally, the agencies are required to submit monthly and quarterly reports of achievements and expenditures to the MOLSED, thereby bringing to the attention of the Minister and the MOLSED issues under the purview of these agencies which are related to labour administration.
Article 10. Human resources and material means necessary for the operation of the labour administration system. The Committee previously noted the Government’s indication that the MOLSED is staffed by both contract workers and civil servants, and it requested the Government to indicate the measures taken or envisaged to ensure that labour administration contract staff carry out their duties without any improper external influence. The Committee takes notes of the information provided by the Government concerning the “Guidelines for Contract Employment” issued by the Personnel Department which address matters such as confidentiality, performance management and termination of employment. In the case of the MOLSED, the conflict-of-interest policy requires staff to declare any conflict of interest. With respect to the material means and financial resources available to labour administration staff for the performance of their duties, the Committee notes that the MOLSED provides: (i) transport and vehicle allowances; (ii) allowances for overseas travel; (iii) workshops and training (both overseas and local); (iv) a performance appraisal procedure, which contributes to ensuring that staff are properly remunerated; (v) other tools, such as computers and cellular phones and access to the Government’s Employee Assistance Programme (EAP), which is designed to improve performance by providing psychological and organizational support. With reference to its comments above concerning Article 6 of Convention No. 81, the Committee requests the Government to continue to provide information on the measures taken to ensure that the staff of the labour administration system have the status, material means and the financial resources necessary for the effective performance of their duties, in accordance with Article 10 of the Convention.

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

Labour inspection: Convention No. 81

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. The Committee takes due note of the Government’s statement in its report, in response to the Committee’s previous request, that the Labour Inspection Unit (LIU) does not carry out the function of conciliator in trade disputes, and that this function is carried out by the Conciliation Unit at the Ministry of Labour and Small Enterprise Development (MLSED). The Committee notes, however, the Government’s indication that inspectors in the occupational safety and health (OSH) inspectorate are occasionally required to facilitate conflict resolution in connection to interpretation of the OSH Act. The Committee requests the Government to provide information on the time and resources of the OSH inspection services spent on conflict resolution, in relation to their primary duties as defined in Article 3(1) of the Convention.
Article 4. Organizational structure of the OSH Agency. The Committee takes note of the organizational structure chart of the OSH Agency provided by the Government in reply to its previous request.
Article 5(a). Cooperation between the inspection services and other government services and public or private institutions. The Committee notes the Government’s indication that a Memorandum of Understanding (MOU) has been finalized between the OSH Agency and the Tobago House of Assembly which includes among its objectives the delivery of effective and efficient monitoring of OSH issues in Tobago and the ensuring of a consistent, coordinated and comprehensive approach to OSH issues. It further notes that MOUs have also been signed between the OSH Agency and the Environmental Management Authority; the Fire Services of Trinidad and Tobago; the Ministry of Energy and Energy Affairs; and the Trinidad and Tobago Bureau of Standards. The Committee requests that the Government provide information on the objectives of these additional MOUs, as well as information on measures undertaken to accomplish the objectives for all the MOUs.
Articles 5(a), 17 and 18. Cooperation with the justice system and effective enforcement of legal provisions. The Committee notes that the MLSED is currently working on the development of a National Labour Inspection Enforcement Policy that aims to provide clear guidance on, among other things, the referral of matters to the Industrial Court. The Committee also takes due note of the information provided on the OSH Agency’s Enforcement Policy, in reply to the Committee’s previous request. The Committee requests the Government to provide further information on the National Labour Inspection Enforcement Policy, including its impact on the application of the legal provisions enforceable by labour inspectors, once adopted.
Article 5(b). Collaboration with employers and workers or their organizations. The Committee notes the Government’s indication, in reply to its previous request, that information on the activities of OSH committees in workplaces is not currently available to the OSH Agency. Nonetheless, the Government states that the collection of such information would facilitate the work of the Agency and that it remains committed to ensuring that there is collaboration between officials of the labour inspectorate and employers and workers. The Committee encourages the Government to pursue its efforts to collect information on the activities of OSH committees in workplaces, including information on the number and outcomes of investigations requested by OSH committees, and to provide this information, when collected.
Article 6. Status of labour inspectors. 1. Status of OSH inspectors. The Committee previously noted the Government’s indication that if OSH inspectors’ performance appraisals are unsatisfactory their contracts may not be renewed, but that there is an appeal process in the form of a grievance. Noting the Government’s indication that it will send further information in this respect, the Committee once again requests the Government to indicate the authority responsible for evaluating the performance of OSH inspectors, as well as the criteria and procedures applied.
2. Status of Chief Labour Inspector and Senior Labour Inspector. The Committee notes the Government’s indication, in reply to its previous request, that the positions of Chief Labour Inspector and the Senior Labour Inspector of the LIU are in the process of classification by the Personnel Department. The Committee requests the Government to provide information of any developments related to the classification of the posts of Chief Labour Inspector and Senior Labour Inspector.
Articles 7(1), (2), 10 and 16. Recruitment and number of inspectors. Number of inspections. The Committee notes the information in the Government’s report that currently there are 18 inspectors at the LIU and 28 inspectors at the OSH Agency. It also notes with concern that there are currently 30 vacancies in the inspectorate, and the Government’s statement that this places a significant constraint on the Inspectorate’s ability to implement its proactive and reactive compliance programmes. The Government indicates in this respect in its report submitted under the Labour Administration Convention, 1978 (No. 150), that the major challenge facing the labour administration system is the inadequate staffing for labour inspections. The Government indicates however that it is seeking to address the vacancies in the inspectorate. The Committee further notes with concern that the number of inspection visits declined from 1,177 in 2010–11 and 1,242 in 2011–12 to 612 in 2014–15. The Committee urges the Government to pursue its efforts to fill the remaining vacant positions at the inspectorate, and to continue to provide information on the number of inspection staff as soon as possible, and remaining vacancies. It requests the Government to continue to provide information on the number of inspection visits undertaken, and to provide information on the reasons for the significant decline of inspections between 2010 and 2015. It also requests the Government to provide information on any measures taken or envisaged in the meantime to overcome the constraints identified due to the significant number of vacancies.
Articles 20 and 21. Publication and communication of an annual report on labour inspection. The Committee notes the relevant excerpts of the annual reports of the OSH Agency and the LIU for the period of October 2010 to September 2015. The Committee requests the Government to continue to take measures to ensure the publication of the annual general reports of the OSH Agency and the LIU, and to transmit a copy of these annual reports to the ILO, in conformity with Article 20 of the Convention.

Labour administration: Convention No. 150

Articles 1 and 10(1) of the Convention. Organization of the labour administration system and training staff. The Committee notes the information provided by the Government in its report in response to its previous request that the National Training Agency (NTA) is the central coordinating body responsible for planning, coordinating and administering the national training system for Technical and Vocational Education and Training (TVET), operating under the Ministry of Education. The Committee refers to its comments made under the Employment Policy Convention, 1964 (No. 122) in this respect.
Article 2. Delegation of labour administration activities to non-governmental organizations. The Committee notes the Government’s statement, in response to the Committee’s previous request, that the MLSED works closely with the social partners for policy development and implementation but that it has not delegated any labour administration activities to employers’ or workers’ organizations.
Article 3. Activities in the field of national labour policy regulated by having recourse to direct negotiations between employers’ and workers’ organizations. The Committee once again requests the Government to provide information on all activities in the field of national labour policy regulated by having recourse to direct negotiations between employers’ and workers’ organizations.
Article 4. Coordination of functions and responsibilities within the labour administration system. The Committee notes the organizational chart of the MLSED, provided by the Government, indicating the manner in which the labour administration system is organized following a review. It also notes the information provided by the Government that, following an audit undertaken in 2003, it undertook a number of activities to provide better services and to promote greater coordination in its work. From 2011 to 2015, the work of the MLSED was guided by a Strategic Plan which recognized the importance of the principles of the Decent Work Agenda. The Committee further notes the information provided by the Government, in response to its previous request, that social security does not fall under the remit of the MLSED and that it is dealt with by the National Insurance Board of Trinidad and Tobago. The Committee requests the Government to continue to provide information on the measures taken to ensure the effective operation of the labour administration system, including any subsequent strategic plans adopted. It also requests the Government to provide information on the manner in which the MLSED coordinates with the National Insurance Board with respect to social security issues.
Article 5. Tripartite consultation, cooperation and negotiations within the labour administration system. The Committee notes that a tripartite Industrial Relations Advisory Committee (IRAC) was appointed for a two-year term from 2012–14 and prepared a policy paper for the amendment of the Industrial Relations Act that was used in the drafting of the Industrial Relations (Amendment Bill), 2015. It also notes that the purpose of the Bill was to strengthen and improve the industrial relations system in Trinidad and Tobago and to create an independent dispute settlement process by the formation of the Conciliation and Mediation Service. It also notes the information provided by the Government on the activities of the Minimum Wages Board, which is responsible for advising and making recommendations to the Minister of Labour on matters relating to the fixing of minimum wages and terms and conditions of service; and the HIV/AIDS Advocacy and Sustainability Centre Advisory Board, which includes representatives of workers’ and employers’ organizations and provides guidance for the development of the National Workplace Policy on HIV/AIDS. The Committee further notes the information provided by the Government concerning the ILO 144 Tripartite Consultative Committee, and it refers in this respect to its comments made under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).
Article 6(2)(a). Preparation, implementation, supervision and evaluation of the national employment policy. The Committee notes the information provided by the Government, in reply to its previous request, concerning the development of a national employment policy, and refers in this respect to its comments under the Employment Policy Convention, 1964 (No. 122).
Article 7. Extension of the functions of the labour administration system to include activities for the benefit of categories of workers who are not, in law, employed persons. The Committee notes the Government’s indication, in reply to its previous request concerning the manner in which labour administration services are provided to workers who are not, in law, treated as employed persons, that as part of the preventative conciliation initiative, it has sought to focus its efforts on the informal sector and those who may be more vulnerable to workplace exploitation. The Government also indicates that self-employed persons can access the services of the OSH Agency and the HIV/AIDS Advocacy and Sustainability Centre, which has also undertaken sensitization of workers in the informal economy. Members of cooperatives can access the services of the Cooperatives Development Division, including cooperatives operating in the informal economy. The Government further indicates that the LIU extends its services to the informal economy with respect to the enforcement of the national minimum wage. Taking due note of this and related information, the Committee requests the Government to provide information on how the LIU monitors or reviews enforcement of the national minimum wage laws for those operating in the informal economy, and whether the LIU plays a role in providing for the proactive monitoring of working conditions for domestic workers, including those listed in the recently created Register of Domestic Workers.
Article 8. Responsibilities related to the preparation of national policy concerning international labour affairs and State representation. The Committee notes the information provided by the Government, in response to its previous request, that the ILO 144 Tripartite Consultative Committee provides critical guidance in respect of ratification and effective implementation of international labour standards. It refers in this respect to its comments under Convention No. 144.
Article 9. Verification of the legality of labour administration activities carried out by parastatal agencies and regional or local agencies and their conformity with the objectives established. The Committee notes the information provided by the Government, in response to its previous request, that the MLSED has oversight over the National Entrepreneurial Development Company, Ltd., the Cipriani College of Labour and Cooperative Studies and the OSH Agency. The Government indicates that it uses the periodic reports of these agencies to satisfy itself that they are operating in accordance with national laws, are adhering to objectives assigned to them and to undertake an assessment of their activities. The Committee requests the Government to continue to provide information regarding the periodic reporting of the parastatal agencies responsible for particular labour administration activities to the MLSED, with a view to the proper coordination of their functions and responsibilities.
Article 10. Human resources and material means necessary for the operation of the labour administration system. The Committee welcomes the information provided by the Government regarding the composition of the MLSED, as well as the detailed job descriptions for a number of positions, outlining their duties and responsibilities, compensation and benefits as well as the required knowledge, skills, experience and training for these posts. Noting the Government’s indication that the MLSED is staffed by both contract workers and civil servants, the Committee once again requests the Government to indicate the measures taken or envisaged to ensure that labour administration contract staff carry out their duties without any improper external influence, and to provide further information on the material means and financial resources available to labour administration staff for the performance of their duties.

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Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. The Committee notes from the Government’s report that occupational safety and health (OSH) inspectors received training on conflict resolution. It also notes that, according to the 2009 annual report on the activities of inspection services prepared by the Ministry of Labour and Small and Micro Enterprise Development (MLSMED), labour inspectors of the Labour Inspectorate Unit (LIU) deal with complaints and disputes. The Committee reminds the Government of the primary functions of labour inspectors 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 guidance provided in Paragraph 8 of Recommendation No. 81 that “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 information on the time and resources of LIU and OSH inspection services spent on conflict resolution in relation to their primary duties as defined in Article 3(1) of the Convention. It hopes that the Government will take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, these duties shall not be such as to interfere with the effective discharge of the primary duties of labour inspectors or to prejudice in any way the authority and impartiality that are necessary to inspectors in their relations with employers and workers.
Article 4. Organizational structure of the OSH Agency. The Committee notes that, according to the Government, there are plans to review the organizational structure of the OSH Agency. The Committee would be grateful if the Government would provide a copy of the new organizational chart of the OSH Agency once adopted.
Article 5(a). Cooperation between the inspection services and other government services and public or private institutions. The Committee notes that the Government indicates that it is working on the finalization of the Memorandum of Understanding (MOU) between the MLSMED and the OSH Agency. It also notes with interest from the Government’s report that the work plan for the period 2012–14 provides for renewed efforts to finalize MOUs with a number of government services, including, the Ministry of Agriculture, the Ministry of Health and the Tobago House of Assembly. The Committee requests the Government to provide information (e.g. institutions involved, areas covered, purposes and results, etc.) on finalized MOUs, and to keep the Office informed of any progress on their implementation, as well as how they improve conditions of work and the level of protection of workers while engaged in their work.
Articles 5(a), 17 and 18. Cooperation with the justice system and effective enforcement of legal provisions. The Committee notes with interest that the LIU is reforming its various procedures to facilitate the referral of matters to the Industrial Court in instances where employers refuse to comply with relevant legislation. It also notes that the MLSMED is working on the development of a national policy on labour inspection, which will include consultations with agencies involved in the administration of justice and will contribute to strengthening the LIU’s enforcement functions. The Government also indicates that the enforcement policy of the OSH Agency is used to give effect to Article 17 of the Convention. The Committee requests the Government to keep the Office informed of the developments in the reform process to facilitate the referral of matters to the Industrial Court, and to provide information (e.g. objectives, spheres of action, subjects involved, etc.) on the MLSMED national policy and the OSH Agency enforcement policy, as well as on their impact on the application of legal provisions enforceable by labour inspectors.
Article 5(b). Collaboration with employers and workers or their organizations. The Government indicates that the available information on the number of OSH committees is restricted to those established in inspected workplaces. It also indicates that it does not collect information on the number and outcome of investigations requested by OSH committees. The Committee once again requests the Government to provide information on the activities carried out by OSH committees established in inspected workplaces. It would also be grateful if it would indicate any measures taken to ensure the collection of information on the number and outcomes of investigations requested by OSH committees.
Article 6. Status of OSH inspectors. The Committee notes that, according to the Government, if OSH inspectors’ performance appraisals are unsatisfactory, their contracts may not be renewed. The Government also indicates that there is an appeal process in the form of a grievance procedure of which officers are made aware. The Committee requests the Government to indicate the authority responsible for evaluating the performance of OSH inspectors, as well as the criteria and procedures applied. It also requests the Government to provide examples of cases where contracts of inspectors have not been renewed because of their unsatisfactory performance.
Articles 6, 7(1), (2) and 10. Recruitment and number of inspectors. The Committee notes from the Government’s report that the positions of Chief Labour Inspector and the three Senior Labour Inspectors of the LIU will remain contracted positions until they are classified by the Personnel Department. The Committee requests the Government to keep the Office informed of any developments in the classification of the posts of Chief Labour Inspector and Senior Labour inspectors with a view to ending any uncertainty as to the status of the persons holding these key positions as required by Article 6, and ensuring that their qualifications are established in a transparent manner in accordance with Article 7(1) and (2) of the Convention.
Furthermore, noting the information from the Government’s report on the existing vacancies in the LIU and the OSH Agency, the Committee requests the Government to inform the Office when those positions are filled and to provide up-to-date information on the number of labour inspectors disaggregated by administrative division, gender and grade once the existing vacancies have been filled.
Articles 19, 20 and 21. Publication and communication of an annual report on labour inspection. The Committee welcomes the detailed 2009 MLSMED annual report on the work of labour inspection services. It also notes that, according to the Government, measures have been taken to complete the annual report of the OSH Agency and to coordinate the work of both the LIU and the OSH Agency with a view to ensuring the publication of an annual report in accordance with Article 20 of the Convention. Referring to its general observations of 2009 and 2010, the Committee hopes that the central inspection authority will publish and transmit to the ILO within a reasonable time copies of the annual reports on the work of the inspection services, containing the information required in Article 21(a) to (g) of the Convention.

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Article 3(1) of the Convention. Functions of the system of labour inspection. The Committee notes that according to the Government, labour inspectors are, in addition to their other duties, responsible for advocacy regarding the implementation of the National Workplace Policy on HIV/AIDS. The Committee would be grateful if the Government would provide information on the activities carried out by labour inspectors of the Labour Inspectorate Unit (LIU) and the Occupational Safety and Health (OSH) Agency in this area as well as their impact.
Article 5. Cooperation between the inspection services and other government services and public institutions. The Committee notes the Government’s indication that a Memorandum of Understanding (MoU) between the LIU and OSH Agency is presently being reviewed for finalization, while cooperation on mutual matters continues to take place. Efforts are being made to finalize MoUs between the two labour inspection bodies and other agencies. The Committee reiterates its request for the Government to communicate the text of the memoranda once adopted, and to indicate in its next report any progress made in their implementation.
Articles 5, 17 and 18. Cooperation with the justice system and effective enforcement of legal provisions. The Committee notes that for the period from August 2009 to September 2011, OSH inspectors sent 65 reports regarding occupational accidents (including fatalities, critical and non-critical injuries) to the Legal Unit of the Ministry of Labour and Small Micro-Enterprises Development (MLSMED) for review and opinion, resulting in approximately 25 recommendations for prosecution. According to the Government, however, only one matter has been taken to the Industrial Court for breach of the Occupational Safety and Health Act (OSHA), 2004.
The Committee also notes that out of a total of 526 breaches of the legislation on conditions of work identified by the LIU inspectors, 112 were corrected and payments of outstanding arrears were settled. However, according to the Government, no cases have been referred to the court system at the initiative of the labour inspectors.
The Committee recalls its 2009 general observation on the importance of cooperation between the labour inspection and justice systems. Given the low number of cases referred to the courts by the OSH Agency and the LIU, the Committee requests the Government to specify the manner in which effect is given to Articles 17 and 18 of the Convention on the initiation of prompt legal proceedings and the enforcement of adequate penalties.
The Committee notes with interest that the OSH Agency has engaged in consultations with the judiciary to promote labour inspection matters in court, including the development of procedures and forms. Collaborative training exercises have also taken place, including training by the inspectorate for judicial officers on health and safety issues as related to specific industries, and training by the judiciary for inspectors on the collection of evidence and the applicable laws. The Committee invites the Government to communicate further information on the impact of the cooperation between the courts and the OSH Agency with regard to the judicial treatment of cases referred to the courts for breach of the OSHA. It also requests the Government to indicate any other measure taken or envisaged in order to strengthen the cooperation between the justice system and the LIU.
Article 5(b). Collaboration with employers and workers or their organizations. The Committee notes that the Government reports that during the period January 2009 to December 2010, a total of 1,921 industrial establishments had created OSH committees, in keeping with Section 25E of the OSHA. The Committee would appreciate if the Government would continue to keep the Office informed on the number of OSH committees which exist in industrial workplaces and any activities they carry out in collaboration with the labour inspectorate. In particular, the Committee reiterates its request that the Government provide information on the number and outcome of investigations requested by OSH committees under Section 25F of OSHA, if any.
In addition, the Committee notes that, according to the Government, the LIU has provided educational programmes in conjunction with the Ministry of Community Development in communities throughout Trinidad and Tobago. The Committee invites the Government to provide further details about these and any additional educational programmes, including their content, frequency and attendance especially among representatives of employers and workers. The Government is also invited to indicate if similar outreach programmes have been undertaken by the OSH Agency, either in a stand-alone capacity, or in partnership with other agencies.
Articles 6 and 7(1) and (2). Status and Conditions of Service of the Inspection Staff. The Committee notes the Government’s indication that there are no plans, at present, to bring OSH Agency staff into the public service. All OSH inspectors are engaged in three-year contracts and are eligible to be re-hired for additional three-year terms at the end of their engagement. The Committee recalls from its previous comments that section 71(1)(a)(ii) of the OSHA authorizes the minister to designate as an OSH inspector not only a suitably qualified public officer but also a suitably qualified “person” and that in this framework the Cabinet has granted approval for a new structure of the OSH Agency which will comprise 152 “contract positions”. The Committee also recalls that: (i) according to sections 7 and 12(f) of the Civil Service Act, a person who is appointed to an office in the civil service for a specified period shall cease to be a civil servant at the expiration of that period; and (ii) according to sections 22(1) of the Civil Service Regulations and 12(h) of the Civil Service Act, an officer who is appointed on promotion to an office shall be required to serve on probation for one year, in addition to two years probation served at the time of appointment, and if the probation is unsuccessful, may leave the service at the termination of appointment.
The Committee recalls that according to Article 6 of the Convention, the inspection staff should be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. As indicated in paragraph 203 of the 2006 General Survey on labour inspection, public servant status is the status best suited to guaranteeing inspection staff the independence and impartiality necessary to the performance of their duties. As public servants, labour inspectors are generally appointed on a permanent basis and can only be dismissed for serious professional misconduct, which should be defined in terms that are as precise as possible to avoid arbitrary or improper interpretations. A decision to dismiss an inspector, like any other decision to apply a sanction with serious consequences, should be taken, or confirmed, by a body offering the necessary guarantees of independence or autonomy with respect to the hierarchical authority and in accordance with a procedure guaranteeing the right of defence and appeal. The Committee requests the Government to take all necessary measures in law and in practice to ensure that Article 6 of the Convention is fully applied. In particular, the Committee requests the Government to indicate any legal provisions which enumerate the grounds for which the contracts of OSH inspectors may not be renewed at the end of their three-year duration and whether appeal procedures are at the disposal of aggrieved parties in case of non-renewal.
The Committee notes from the Government’s report that at the level of the LIU, the Chief Labour Inspector and the three Senior Labour Inspectors who head the Labour Inspectorate are still employed on contract (for a three-year period) pending the classification of their positions which are new posts. All other inspectors in the LIU, i.e. Labour Inspectors I and Labour Inspectors II, are public servants who are permanently employed. The Committee requests the Government to take rapid steps towards concluding the classification of posts of the Chief Labour Inspector and Senior Labour Inspectors who head the LIU with a view to ending any uncertainty as to the status of the persons holding these key positions as required by Article 6, and ensuring that their qualifications are established in a transparent manner in accordance with Article 7(1) and (2). The Committee requests the Government to provide information on any progress made in this regard.
The Committee also recalls from its previous comments that levels of remuneration and career prospects of inspectors should be such that high-quality staff are attracted, retained and protected from any improper influence. The Committee requests the Government to specify the levels of remuneration and career prospects of labour inspectors in the LIU and OSH Agency in relation to other categories of public servants exercising similar duties, such as tax inspectors.
With regard to the qualifications required for the recruitment of labour inspectors, the Committee notes the information provided by the Government on the high level of qualifications set for the recruitment of OSH inspectors. The Committee also notes that upgraded job descriptions have been proposed for the filling of existing vacancies in the LIU with qualified civil servants. The Committee requests that the Government forward a copy of the upgraded job description for the labour inspectors of the LIU, when available, and to specify the procedure for the recruitment of labour inspectors in the LIU and the OSH Agency respectively.
Article 7(3). Initial and continuous training of labour inspectors. The Committee notes with interest that 28 training sessions were conducted for OSH inspectors during the reporting period, covering a number of specialized areas; that an analysis of the training and development needs of OSH inspectors was conducted in 2011 and that a Training Matrix was developed. The Government also reports that the LIU underwent training aimed at enhancing its efficiency and effectiveness, and that labour inspectors also took part in a 2010 workshop regarding human trafficking sponsored by the International Organization for Migration (IOM). The Committee would be grateful if the Government would continue to provide information on specialized training activities for inspectors from both the OSH Agency and the Labour Inspectorate, as well as their subjects, duration, number of participants and impact from the point of view of the enforcement of legal provisions relating to conditions of work and the protection of workers.
The Committee also requests the Government to communicate the Training Matrix for OSH inspectors.
Article 8. Gender of labour inspectors. The Committee notes that nine out of 16 inspectors in the LIU and 13 out of 37 OSH inspectors are women. The Committee requests the Government to indicate whether female labour inspectors are entrusted with special duties especially in sectors with a workforce predominantly composed of women and young workers.
Article 10. Number of labour inspectors. The Government reports that there are currently 16 inspectors in the LIU and refers to steps taken in order to fill current vacancies. The Committee would be grateful if the Government would specify the number of vacancies in the LIU and indicate any progress made towards filling these vacancies
The Government indicates that the OSH Agency, which is presently composed of 37 OSH inspectors, intended to fill one vacant position of Senior Inspector and two positions of Safety and Health Inspector II in the near future, and to take steps to fill another 19 positions of Safety and Health Inspector I by the first quarter of 2012. In its previous comments, the Committee noted that the Cabinet had granted approval for a new structure of the OSH agency which would comprise 152 inspectors. It notes from the latest Government’s report, that the OSH Agency has initiated steps to conduct a comprehensive review of its organizational structure, apparently as a follow-up to the Cabinet decision. The Committee would be grateful if the Government would provide further information on the review of the organizational structure of the OSH Agency and specify the number of vacant posts for OSH inspectors as well as the steps taken or envisaged for their recruitment.
The Committee would also appreciate information on the distribution of labour inspectors at central and local levels.
Article 11. Material means placed at the disposal of labour inspectors. The Committee notes that according to the Government, all labour inspectors who are public officers are required to use their personal vehicles to carry out their functions and are entitled to a monthly motor vehicle upkeep allowance paid per kilometre travelled in the discharge of their duties. They are also entitled to an advance to purchase a motor vehicle and receive a purchase tax exemption on the purchase price. The Committee requests the Government to transmit the form which labour inspectors use in order to obtain the motor vehicle upkeep allowance. Noting moreover that the Chief Labour Inspector and two Senior Labour Inspectors are paid a commuted travelling allowance, the Committee requests the Government to specify the manner in which labour inspectors obtain reimbursement for incidental expenses incurred during travel.
The Committee would also be grateful if the Government would specify the transport facilities and other equipment at the disposal of OSH inspectors.
Articles 12(1)(a)–(b), and 15(c). Power to carry out unannounced visits at any time of the day or night and obligation of confidentiality in relation to complaints. The Committee notes that as regards the duty of confidentiality required by labour inspectors under Article 15(c) of the Convention, the Data Protection Bill 2010 would ensure confidentially of all information and data given to public officials, including the LIU, and that this Bill has been passed by both houses of Parliament, and is awaiting proclamation. The Committee requests the Government to provide information on progress made in the proclamation of the Data Protection Bill and to provide a copy of the Bill, along with any additional information on how its provisions will specifically apply to labour inspectors.
The Committee notes the Government’s indication that OSH inspectors are allowed to carry out inspections at night. The Committee would appreciate if the Government would indicate if inspectors of the LIU have similar powers.
The Committee notes the Government’s indication that it has not contemplated any amendments to the Minimum Wage Act, the Maternity Protection Act and the Children’s Act as previously requested by the Committee so as to bring them into conformity with Article 12(1)(a)–(b) and (2) of the Convention (empower the labour inspectors to enter freely and without previous notice, any workplace liable to inspection and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection; omit notifying the employer of their presence if they consider that such a notification may be prejudicial to the performance of their duties). The Committee requests the Government to take the necessary measures aimed at bringing the Minimum Wage Act, the Maternity Protection Act and the Children’s Act into conformity with the abovementioned provisions of the Convention.
Articles 16 and 21(c)–(d). The Committee takes note of the information provided by the Government on the total number of inspection visits by the LIU and OSH inspectorates. The Committee would be grateful if the Government would provide details on the sectors concerned by the visits and their results, for example, violations found by type of legal provision concerned and action taken (notifications of violations or non-compliance, technical advice and information, observations, warnings, recommendation of prosecution, imposition of penalties).
Articles 19, 20 and 21. Periodic reporting obligations on the work of the labour inspectors and publication and communication to the ILO of an annual labour inspection report. The Committee notes the submission of the annual report of the LIU for the period covering October 2009 to September 2010, and the Government’s indication that the annual report for the OSH Agency will be compiled shortly. The Committee requests the Government to communicate the annual report of the OSH Agency when ready and to indicate the measures taken or envisaged to ensure that the annual reports of the LIU and the OSH Agency are published, as provided in Article 20.
With reference to its general observation of 2009 on the importance of statistics of industrial and commercial workplaces liable to inspection and of the number of workers covered, the Committee notes from the Government’s report that there is a business establishment register produced by the Central Statistical Office. The Committee recalls that such data is essential for the assessment of the rate of coverage by labour inspection services and for the evaluation of the budgetary resources allocated to this public function. The Committee would be grateful if the Government would indicate the measures taken or envisaged in order to integrate within the annual report, detailed information on the number of workplaces liable to inspection and workers employed therein.
With reference to its 1999 general observation on labour inspection and child labour, the Committee recalls that labour inspectors can be instrumental in combating child labour, and invites the Government to provide information, on activities of the labour inspectorate in this regard.

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The Committee takes note of the Government’s first report which was received on 25 November 2009, as well as the text of the Civil Service Act subsequently provided by the Government. The Committee notes with interest from the Government’s report that, in its thrust towards developed country status by the year 2020, the Government recognizes the critical importance of labour inspection in promoting decent work for all.

Article 3(1) of the Convention. Functions of the system of labour inspection. The Committee notes that, according to the Government’s report, two units are responsible for labour inspection activities: the Labour Inspectorate Unit under the purview of the Ministry of Labour and Small and Micro Enterprise Development (MLSMED) and the Occupational Safety and Health (OSH) agency under the OSH authority. The latter is a multi-stakeholder advisory body appointed by the Minister of MLSMED. The labour inspectorate and the OSH agency are responsible for enforcing respectively, the national minimum wage and other terms and conditions of employment, and OSH legislation.

The Committee notes that labour inspectors and OSH inspectors are entrusted with securing the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work by virtue of several provisions, such as sections 21 and 22A of the Minimum Wages Act, as amended by Act No. 11 of 2000, sections 92, 92A and 92B of Act No. 3 of 2007 amending the Children Act (as amended by the Miscellaneous Provisions (Minimum Age for Admission to Employment) Act, 2007), sections 14 and 15 of the Maternity Protection Act, 1998, and section 72 of the Occupational Safety and Health Act (OSHA), 2004. Moreover, according to the Government, OSH inspectors are entrusted with advocacy for the implementation of the national workplace policy on HIV/AIDS and have carried out education programmes on OSH compliance. The Committee would be grateful if the Government would indicate any further duties of labour inspectors involving the supply of technical information and advice, especially in the area of OSH, as well as the notification to the competent authority of defects or abuses not specifically covered in existing legal provisions, in line with Article 3(1).

Article 5. Cooperation between the inspection services and other government services and public or private institutions. The Committee notes that the Labour Inspectorate Unit and the OSH agency have been engaged in dialogue to enhance coordination of activities between them and have developed a draft Memorandum of Understanding (MOU) which is currently being considered by the MLSMED. The Committee requests the Government to communicate the text of the memorandum on cooperation between the Labour Inspectorate Unit and the OSH agency once adopted, and to indicate progress made in its implementation. Furthermore, the Committee notes that each labour inspection body has developed a series of MOUs with other government agencies engaged in related activities. The Labour Inspectorate Unit is in the process of developing an MOU with the Ministry of Social Development and the newly formed Children’s Authority to improve the unit’s ability to respond to issues relating to child labour; it has also cooperated with the National Insurance Board with respect to the sharing of information and joint investigations. The OSH agency is in the process of developing MOUs with the: Tobago House of Assembly; Fire Service; Ministry of Health; Police Service; Environmental Management Authority; Ministry of Works and Transport; Ministry of Agriculture; and Ministry of Energy. The Committee requests the Government to keep the ILO informed of progress made in the development of cooperation between the two labour inspection bodies and various agencies engaged in related activities.

Moreover, with reference to its 2007 general observation concerning the effective cooperation between the labour inspection services and the justice system, the Committee notes that, according to section 80 of the OSHA, an inspector may initiate proceedings before the courts in relation to any complaint arising under the OSHA and that, according to the Government, OSH offences are subject to the jurisdiction of the Industrial Court (section 83(1) OSHA) and liable upon conviction to a maximum fine of 20,000 Trinidad and Tobago dollars (TTD) (approximately US$3,170) and to imprisonment for one year. Furthermore, under section 22A of the Minimum Wages Act (as amended by Act No. 11 of 2000), an inspector is to report to the Minister of MLSMED any violations of the Act so that they can be referred first to conciliation, and then to the Industrial Court in accordance with the provisions of Part V of the Industrial Relations Act on disputes procedures; the labour inspector may act as the advocate for the wronged worker throughout the process before the Industrial Court.

The Committee emphasizes that the effectiveness of the measures taken by the labour inspectorate depends to a large extent on the manner in which the judicial authorities deal with cases referred to them. It is therefore indispensable for an arrangement to be established whereby relevant information can be notified to the labour inspectorate so that, among other things, measures can be taken to raise the awareness of judges concerning the complementary roles of the courts and the labour inspectorate, respectively, in achieving the common objectives of the two institutions in the field of conditions of work and the protection of workers. The Committee would be grateful if the Government would keep the ILO informed of the number of cases referred to the courts at the initiative or recommendation of labour inspectors and the outcome of the judicial proceedings, as well as any measures adopted or envisaged to promote cooperation between the labour inspection bodies and the judicial authorities.

Article 5(b). Collaboration between the labour inspectorate and employers and workers or their organizations. The Committee notes that section 25E of the OSHA provides for the establishment of OSH committees in industrial establishments occupying more than 25 persons or where the chief inspector orders the creation of an OSH committee in industrial establishments with less than 25 employees. Under section 25F of the OSHA, the OSH committee may request the chief inspector to undertake an investigation over any matter which it is unable to resolve on its own. With reference to Paragraphs 4–7 of the Labour Inspection Recommendation, 1947 (No. 81), the Committee would be grateful if the Government would provide information on the number of OSH committees set up in industrial workplaces under section 25E of OSHA and the number and outcome of investigations requested by OSH committees under section 25F of OSHA. Moreover, the Committee notes the information provided by the Government on collaboration between the Labour Inspectorate Unit and the OSH agency, on the one hand, and workers’ and employers’ organizations on the other, particularly in the area of OSH, through education programmes on OSH compliance and the hosting of national safety awards. The Committee would be grateful if the Government would continue to provide information on the organization, attendance, content and impact of education programmes provided to workers’ and employers’ organizations.

Article 6. Composition of the inspection staff. The Committee observes that inspection staff is often not vested with civil servant status and is not assured of stability of employment. For instance, with regard to the Labour Inspectorate Unit, the Committee notes that: (i) according to the Government’s report, the top four positions, that is, the chief labour inspector and three senior labour inspectors are new posts filled in April 2008 by officers employed on contract, pending the classification of the positions by the personnel department; and (ii) once these positions are classified, they will be filled by persons appointed by the public service commission. With regard to the OSH agency, the Committee notes that: (i) section 71(1)(a)(ii) of the OSHA authorizes the minister to designate as an OSH inspector not only a suitably qualified public officer but also a suitably qualified “person”; and (ii) according to the Government, the Cabinet has granted approval for a new structure of the OSH agency which will comprise 152 “contract positions”. With regard to the legal background, the Committee notes that: (i) according to sections 7 and 12(f) of the Civil Service Act, a person who is appointed to an office in the civil service for a specified period shall cease to be a civil servant at the expiration of that period; and (ii) according to sections 22(1) of the Civil Service Regulations and 12(h) of the Civil Service Act, an officer who is appointed on promotion to an office shall be required to serve on probation for one year, in addition to two years probation served at the time of appointment, and if the probation is unsuccessful, may leave the service at the termination of appointment.

The Committee recalls that, according to Article 6, the status and conditions of service of inspection staff should be such that they are assured of stability of employment and are independent of changes of government and of improper external influences. In paragraphs 203–204 of its General Survey of 2006 on labour inspection, the Committee had noted that public servant status is the status best suited to guaranteeing labour inspection staff the independence and impartiality necessary to the performance of their duties. Moreover, it is vital that levels of remuneration and career prospects of inspectors be such that high-quality staff are attracted, retained and protected from any improper influence. Inspectors cannot act in full independence, as required by their functions, if their service or their career prospects depend on political considerations. The Committee requests the Government to take the necessary measures to ensure that the staff of the Labour Inspectorate Unit and the OSH agency is composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences, in line with Article 6, and to inform the ILO of the progress made in this regard.

Article 7(3). Initial and continuous training of labour inspectors. The Committee takes note of the information provided by the Government on the initial training and mentoring process, as well as the subsequent continuous training provided to officials of the Labour Inspectorate Unit and the OSH agency. The Committee would be grateful if the Government would continue to provide information on the content, timing, attendance record, evaluation and impact of training sessions carried out in the period covered by its next report.

Articles 7(1)–(2), 10 and 21(c). Qualifications and number of labour inspectors. The Committee notes that the legislation relative to terms and conditions of employment (section 21 of the Minimum Wages Act, section 92A of the Children Act (as amended by the Miscellaneous Provisions (Minimum Age for Admission to Employment) Act, 2007) and section 14 of the Maternity Protection Act, 1998) does not refer to any qualifications required for the designation of labour inspectors (of the Labour Inspectorate Unit) and is confined to providing that the minister may authorize in writing “any officer” of the MSLMED to carry out inspections. On the contrary, section 71 of the OSHA provides that the minister may designate a “suitably qualified” public officer (or person) as an OSH inspector “on the advice of the chief inspector”. The Committee recalls that, under the Convention, labour inspectors should be recruited with sole regard to their qualifications for the performance of their duties and the means of ascertaining such qualifications should be determined by the competent authorities. The Committee also notes that the Labour Inspectorate Unit is composed of 18 labour inspectors, four of which are senior personnel. At the time of reporting, the OSH agency was composed of 58 persons but would be restructured based on the approval granted by Cabinet in September 2009 so as to comprise 152 positions. The new structure would take effect in November 2009 and comprise 63 inspectors, four of which would be senior personnel. According to the Government, the major challenge in the application of the Convention is ensuring that the staffing complement of the Labour Inspectorate Unit and the OSH agency is adequate to meet the increasing number of industrial establishments due to rapid industrialization in the country over the past few years and the thrust to promote small and micro-enterprises. The Government indicates that this issue is currently being addressed through plans to conduct organizational reviews and recruit suitably qualified inspectors and officers. The Committee requests the Government to specify the qualifications required for recruitment in the Labour Inspectorate Unit and the OSH agency, as well as the means available for ascertaining these qualifications (e.g. examinations, etc.). It also requests it to indicate in its next report the steps taken or envisaged towards organizational review and recruitment of suitably qualified inspectors.

Furthermore, with reference to its 2009 general observation on availability of statistics on industrial and commercial workplaces liable to labour inspection and on the number of workers covered as an essential basis in order to evaluate labour inspection needs and staffing levels, the Committee requests the Government to furnish information on the number, nature, size and situation of the workplaces liable to inspection, as well as the number and classes of workers employed in such workplaces.

Article 8. Gender composition of the labour inspection staff. The Committee would be grateful if the Government would communicate sex disaggregated data on the staff of the Labour Inspectorate Unit and the OSH agency in its next report.

Article 11. Transport facilities necessary for the performance of the duties of labour inspectors. The Committee notes that labour inspectors are paid a monthly motor vehicle upkeep allowance, mileage allowance and subsistence allowance, the rate of which is subject to contract negotiations carried out triennially between the Public Services Association of Trinidad and Tobago and the Government. OSH inspectors are required to use their personal vehicles for the performance of their duties and are paid a monthly transportation allowance to cover maintenance and fuel costs. The Committee requests the Government to specify whether labour inspectors are, like OSH inspectors, required to use their personal vehicles, whether the allowances paid depend on the distance travelled by labour and OSH inspectors in the performance of their duties, and to transmit the claim forms for such allowances as well as for the reimbursement of travelling and incidental expenses.

Articles 12(1)(a)–(b) and 15(c). Power to carry out unannounced visits at any time of the day or night; obligation of confidentiality relating to complaints, and combating child labour. The Committee notes that according to sections 22(1) and (2) of the Minimum Wage Act, 15(1), (3), (4) and (5) of the Maternity Protection Act and 92B(1), (3), (4) and (5) of the Children Act (as amended by the Miscellaneous Provisions (Minimum Age for Admission to Employment) Act, 2007), an inspector may enter premises where an employee is employed only with the permission of the owner or occupier or, in the absence of permission, by judicial warrant; such warrant is to be granted only where admission to premises has been refused or refusal is apprehended and there is reasonable ground for entry; moreover, a judge is not supposed to issue a warrant unless he/she is satisfied either that written notice of the intention to apply for a warrant has been given to the occupier, or that the giving of such notice would defeat the object of the entry. Furthermore, according to the Children Act and the Maternity Protection Act, entry may be sought at a reasonable time, while under the Minimum Wages Act, the labour inspector may seek entry at all reasonable times.

The Committee also notes that while OSH inspectors have, according to section 77 of the OSHA, a duty of confidentiality as to the existence or the source of a complaint which gives rise to an inspection visit, the inspectors of the Labour Inspectorate Unit do not appear to be under such a duty and no corresponding provision appears in the laws concerning minimum wages, minimum age or maternity protection.

The Committee recalls that according to Article 12(1)(a), labour inspectors should be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection and, according to Article 12(1)(b), they should be able to enter by day any premises which they may have reasonable cause to believe to be liable to inspection. As indicated in the General Survey, op. cit., paragraph 263, the principle of unannounced visits serves to enable the inspector to enter the inspected premises without warning the employer or his/her representative in advance, especially in cases where the employer may be expected to attempt to conceal a violation, and to observe the confidentiality required by Article 15(c) of the Convention as regards the purpose of the inspection if the latter is carried out in response to a complaint. Furthermore, Article 12(2) enables labour inspectors to avoid notifying the employer or his representative of their presence on the occasion of an inspection visit if they consider that such a notification may be prejudicial to the performance of their duties.

The Committee requests the Government to indicate the provisions which establish a duty of confidentiality for the inspectors of the Labour Inspectorate Unit and, if no such provision exists, to take steps to this end and keep the ILO informed of any progress achieved.

In addition to the above, the Committee notes that under section 92B(1) of the Children Act, entry may be sought by a labour inspector to a workplace only “where a person under the age of 18 years is employed or where there is any book, record or other document relating to a person under the age of 18 years which may afford evidence as to the contravention of any provision of this Act”. This should be read in conjunction with section 92 of the same Act, according to which all employers shall keep and maintain a register of every person under the age of 18 years employed by them and the register shall be produced for inspection at any reasonable hour of any working day on request by an inspector. The Committee observes that these provisions do not appear to allow labour inspectors to enter workplaces freely in order to investigate whether children are employed therein. The Committee refers to its general observation of 1999 on labour inspection and child labour in order to emphasize the importance of enabling labour inspectors to have free access to any workplace where they may have reasonable cause to believe that children are working.

The Committee requests the Government to take necessary measures aimed at bringing the Minimum Wage Act, the Maternity Protection Act and the Children Act into conformity with the abovementioned provisions of the Convention so as to empower the labour inspectors to enter freely and without previous notice, at any hour of the day or night, any workplace liable to inspection and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection and furthermore, to omit notifying the employer of their presence if they consider that such a notification may be prejudicial to the performance of their duties.

Noting that under section 72(1)(a) of the OSHA, an OSH inspector may enter workplaces “at all reasonable times”, the Committee requests the Government to specify whether this provision allows OSH inspectors to carry out inspection visits by night.

Code of ethics. The Committee notes that, according to the Government, a code of ethics developed by the OSH agency covers the provisions of Article 15. The Committee would be grateful if the Government would provide a copy of the code of ethics developed by the OSH agency and indicate whether a similar code applies to the activities of the Labour Inspectorate Unit.

Article 16. Powers of labour inspectors. The Committee notes that, according to the Government, inspectors from the Labour Inspectorate Unit carry out both scheduled inspections and inspections initiated by complaints from workers; the OSH agency follows a standard inspection procedure which relies on voluntary compliance at a first stage, and compulsory compliance if no progress is found during the re-inspection and, finally, the possibility of prosecution proceedings if a continued failure to comply is noted by the inspector during a subsequent visit. The Committee would be grateful if the Government would indicate the number of routine and unannounced inspection visits carried out in the period covered by its next report and specify whether the labour inspection bodies operate on the basis of an annual plan of visits.

Article 18. Penalties for violations of legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties. The Committee notes that under section 72(5) of the OSHA, penalties for obstructing an inspector in the execution of his/her duties include a fine of TTD2,000 (approximately US$317) and imprisonment for six months. No corresponding fines are provided in other legislative texts concerning the inspectors of the Labour Inspectorate Unit. The Committee would be grateful if the Government would indicate the number of penalties enforced for obstructing OSH inspectors in the performance of their duties. It also requests the Government to indicate the measures taken or envisaged in order to establish and enforce adequate penalties for obstructing inspectors of the Labour Inspectorate Unit in the performance of their duties.

Articles 19, 20 and 21. Periodical reporting obligations on the work of the labour inspectors and publication and communication to the ILO of an annual labour inspection report. The Committee notes that according to the Government, inspectors are required to submit a weekly status report on inspections to their supervisor as well as a monthly statistical report. Failure by an inspector to submit a report can be considered as neglect of duty and can result in disciplinary proceedings. Moreover, OSH inspectors are required to submit monthly reports to the OSH agency on their activities, including information on accidents and complaints investigated, industrial establishments visited, meetings attended, and training and lectures provided. Finally, according to the Government, annual reports are prepared on the work of the inspection services and submitted to the Minister of MLSMED. Recalling that, under Article 20, the labour inspection central authority should publish an annual general report on the work of the inspection services and transmit a copy of it to the ILO within a reasonable period after its publication, the Committee would be grateful if the Government would ensure that an annual report containing data on each of the items listed in Article 21 is published and communicated to the ILO. In the absence of such a report, the Committee would be grateful if the Government would forward all relevant data available.

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