Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Other comments on C081

Direct Request

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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.