Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 81) sur l'inspection du travail, 1947 - Barbade (Ratification: 1967)

Autre commentaire sur C081

Observation

Demande directe

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Articles 3(2) and 6 of the Convention. Status of labour inspectors. Additional duties entrusted to labour inspectors. Following its previous comments, the Committee notes the Government’s indication that all labour officers and safety and health officers have the mandate to carry out inspection activities and have the status of labour inspectors. According to the Government, it is estimated that the safety and health officers devote at least two-thirds of their time to labour inspection duties, such as routine workplace visits, special inspection in response to specific concerns (for example, indoor air quality or ergonomics) and accident investigations. A third of their time is used in administrative functions, such as producing reports and organizing training and awareness-raising activities. Regarding labour officers, each officer is assigned two field days per week to carry out eight shop inspections. However, the Committee notes that the labour officers hold the responsibility for the conciliation of disputes as provided for by section 43 of the Employment Rights Act and that, according to the Government, they spend two thirds of their time performing this duty because dispute resolution is now the more demanding area of their work. The Committee requests the Government to indicate the measures taken or envisaged to ensure that, in accordance with Article 3(2) of the Convention, additional functions entrusted to labour officers, identified by the Government as demanding, do not interfere with the effective discharge of their primary labour inspection duties and to provide information on any progress thereon.

Article 13. Preventive activities in occupational safety and health (OSH). The Committee notes the Government’s response to its previous request regarding the application in practice of sections 112 and 113 of the Safety and Health at Work Act (SHAW). Accordingly, one improvement notice, which requires alterations to secure compliance with the provisions of SHAW, was issued in 2017, 2018 and 2019 respectively. However, no prohibition notice with immediate effect in case of imminent danger to the health or safety of workers has been issued. The Committee requests the Government to continue to provide information on the improvement notices and prohibition notices issued pursuant to sections 112 and 113 of the Safety and Health at Work Act, as well as any other preventive measures undertaken by inspectors, where applicable, as required by Article 13 of the Convention.

Articles 5(a), 17 and 18. Adequacy of penalties and enforcement. Cooperation between the labour inspectorate and the justice system. The Committee previously noted that the Labour Department primarily used moral persuasion to encourage compliance with labour law, and that therefore no penalties were applied in relation to the violations observed. It notes the Government’s indication that penalties, including fines and imprisonment up to 1 year, are provided for by relevant laws, such as SHAW, Holidays with Pay Act and Shops Act. During the period of May 2016 to May 2017, no legal proceedings were instituted under the SHAW. Under the Holidays with Pay Act, a total of 19 cases were lodged in courts, while 23 matters were heard and generally settled in favour of the employee. The Committee also notes that the Government report does not contain information regarding the measures taken or envisaged to enhance effective cooperation between labour inspection services and the justice system. The Committee requests the Government to continue to provide information on any measures taken to ensure that penalties are dissuasive and effectively enforced in the area of both OSH and other working conditions. It also requests the Government to continue to provide information on the number of legal proceedings commenced for labour law infringements, including the cases submitted to courts by inspectors, and their outcome. The Committee also once again requests that the Government indicate the arrangements made or envisaged to enhance effective cooperation between labour inspection services and the justice system.

Article 7. Training of labour inspectors. Following its previous comments, the Committee notes the Government’s detailed information on the training activities for safety and health officers during the period of May 2016 to May 2018. The Government also indicates that both safety and health officers and labour officers participate in training activities as approved for the period of a financial year; however, training opportunities for safety and health officers are more easily identified than those pertaining to labour officers. The Committee notes that of the fifteen reported training activities for safety and health officers, eight were attended by only one officer and only four of the fifteen were attended by more than three officers. The Labour Department is seeking to obtain further training opportunities through local and international organizations (such as the ILO), as well as local tertiary training institutions. The Committee requests the Government to continue to provide information on the training provided to labour inspectors (subjects covered, number of participants, duration, etc.). It also requests the Government to continue to provide information on the measures taken to ensure adequate training for both labour officers and safety and health officers, including information on how to improve attendance at these sessions.

Article 11. Material means and transport facilities available to labour inspectors. Following its previous requests, the Committee notes the Government’s indication that adequate office space is provided to labour inspectors. Eleven workstations are assigned to the team of nine labour officers and one senior labour officer and ten workstations are assigned to the team of seven safety and health officers and one senior safety and health officer. Each workstation is equipped with a desktop computer, and three laptops are available for use as needed. All required stationary is readily supplied and there is the possibility to purchase special items on demand. The Government also states that the interest-free loan for the purchase of a vehicle increased from 25,000 Barbadian dollars (BBD) (USD 12,500) to BBD 50,000 (USD 25,000), while the commuted travelling allowance increased from BBD 1.09 (USD 0.54) to BBD 2.19 (USD 1.10) per kilometer. The Committee takes note of this information, which addresses its previous request.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee previously noted that, while the system for notification of industrial accidents to the Labour Department functioned relatively well, cases of occupational disease were not reported. The Committee notes the Government’s indication that workshops and seminars organised by the safety and health officers inform employers and employees of the legal requirements and duties related to the reporting of accidents and occupational diseases. The Government reports that the statutory duty of medical practitioners to inform the Labour Department of any suspected cases of occupational disease is also emphasised. According to the Government the existing Accidents and Occupational Diseases (Notification) Act is to be reviewed. This Act requires employers to notify the Labour Department if a worker, during the course of his/her employment, was involved in an accident which causes the worker to have an injury that renders him/her incapable of doing work to which he/she is employed for a period longer than three days. The revision of this Act includes the alignment of the current statutory list of occupational diseases to that developed by the ILO. Moreover, the guidance provided in the ILO code of practice on the recording and notification of occupational accidents and diseases is taken into account in the proposed revisions. The Committee requests the Government to provide information on the revision to the Accidents and Occupational Diseases (Notification) Act, as well as the statutory list of occupational diseases, and to provide a copy of the revised Act once adopted. It also requests the Government to indicate the data concerning industrial accidents and cases of occupational diseases notified to the Labour Department.

Articles 20 and 21. Publication and communication of an annual report on the work of labour inspection services. The Committee notes the Government’s indication that the Labour Department endeavours to provide the report as necessary. However, the Committee notes that no annual reports of the Labour Department have been received by the Office since 2009 despite its requests. The Committee urges the Government to take the necessary measures to ensure that annual labour inspection reports are regularly published and communicated to the ILO (Article 20 of the Convention), and that they contain information on all the subjects covered by Article 21(a)–(g).