Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 81) sur l'inspection du travail, 1947 - Trinité-et-Tobago (Ratification: 2007)

Autre commentaire sur C081

Demande directe

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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.