Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 81) sur l'inspection du travail, 1947 - Jamaïque (Ratification: 1962)

Autre commentaire sur C081

Observation

Demande directe

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Article 3(1) and (2) of the Convention. Preventive activities in the field of occupational safety and health. The Committee previously noted the implementation by the Occupational Safety and Health Department of the Ministry of Labour and Social Security of the Voluntary Compliance Programme aimed at raising awareness of employers and workers and encouraging the improvement of safety and health in all economic sectors.

The Committee notes the information in the Government’s report that it has registered a total of 193 companies in the programme. Participating companies receive a first audit which serves as a baseline assessment, and the company is given at least 12 months to seek to address the recommendations given in the baseline report. If the minimum requirements are met when the second audit is conducted, companies are given a programme certificate, along with further recommendations. The Government indicates that 13 certificates were awarded during the reporting period. However, it appears that the system is not yet fully operational. The Committee asks that the Government continue to provide information on the implementation of the Voluntary Compliance Programme, including the role of labour inspectors in the initial and follow-up audits undertaken and the number of audits undertaken in companies participating in this programme, as well as examples of the recommendations issued pursuant to these audits. It also asks that the Government provide information on the overall impact of this programme on safety and health conditions in participating companies.

Article 13. Powers of labour inspectors to order immediate preventive measures. The Committee previously noted that section 26 of the Factories Act provides occupational safety and health inspectors with the power to issue prohibition notices (stop orders) in certain sectors (particularly building operations, construction and docks) in the event of danger to the health, safety and welfare of workers. It also noted the Government’s information concerning the forthcoming adoption of the draft Occupational Safety and Health (OSH) Act, which would extend this power to all sectors.

The Committee notes the Government’s indication that the Minister of Labour and Social Security has given public commitments that the draft OSH Act, which will empower inspectors to issue prohibition notices in all sectors in conformity with Article 13(2) of the Convention, is a priority, and that it should soon be submitted to Parliament. Recalling that the Government has been referring to the pending adoption of the draft OSH Act since 2000, the Committee urges the Government to take the necessary measures to ensure the adoption of legislation, in the near future, that will empower labour inspectors to issue prohibition notices in the event of imminent danger to the health or safety of workers in all sectors.

Article 14. Notification of cases of occupational disease. The Committee previously noted the Government’s indication that it faced the under-reporting of occupational diseases and that, in the last reporting period, the occupational safety and health inspectorate had not been informed of cases of any of the 15 occupational diseases recognized in national legislation.

The Committee notes the Government’s statement that the draft OSH Act includes the ILO list of occupational diseases as a schedule, and that its adoption would therefore constitute a recognition of the full scope of occupational diseases. Regarding the notification of occupational diseases, the Government indicates that the amendments to the Factories Act in 2009 introduced increased penalties for failing to notify the Ministry of Labour and Social Security of occupational accidents and diseases. The Government indicates that the Ministry has used the strategy of persuasion to urge full compliance in this regard, and that it will pursue legal action against workplaces that fail to report following persuasive efforts. The Government further indicates that it will explore coordination with the Ministry of Health in gathering data on the diagnoses made in hospitals of occupational diseases. The Committee asks that the Government pursue its efforts to ensure that cases of occupational diseases are notified to the labour inspectorate, in accordance with Article 14, and to provide information on the measures taken to this end, including collaboration with the Ministry of Health. It also asks that the Government provide information on the number of notifications received in this regard, as well as the number and nature of penalties applied to workplaces for failure to notify, and to ensure that such data is included in future annual reports on the activities of the labour inspection services.

Articles 20 and 21. Annual report on the work of the labour inspection services. The Committee notes the Statistical Bulletin of the Ministry of Labour and Social Security of 2012, submitted with the Government’s report, which contains information on a number of complaints received, the number of inspections and the number of accidents reported for both 2011 and 2012. The Committee asks that the Government take the necessary measures to ensure that in the future the annual report reports contain complete information on all the subjects listed in Article 21(a)–(g), including the number of inspectors, the number of workplaces liable to inspection and the number of workers employed therein, as well as data on the violations detected and the number and nature of the penalties imposed.