Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Labour Inspection Convention, 1947 (No. 81) - Jamaica (Ratification: 1962)

The Committee notes the information contained in the 1999 Government’s report in reply to its previous comments. It asks the Government to transmit to the ILO copy of the laws and regulations which apply the provisions of the Convention and to provide further information and clarification on the points raised below.

Article 13 of the Convention.  The Committee notes the Government’s indication that section 26(1) of the Factory Act empowers factory inspectors to require measures of the owner, manager or other persons having control of the premises in cases where the health, safety and welfare of workers is at risk, and that in such a situation the inspector may require that the use of the premises for that process or work be discontinued. In connection with this, the Committee refers to the information provided by the Government in its 1998 report that the industrial safety inspectors are not empowered to take the steps stated in Article 13(2), except in the construction industry where the inspectors can issue stop orders, but that they may apply to the courts for a court order to stop or prevent the operation of a factory in the event of imminent danger to the health or safety of workers. The Committee requests in this regard the Government to provide further information and clarification on the manner in which this provision of the Article is applied. In this connection, it requests once again the Government to transmit to the ILO the text of the latest version of the Factory act.

Articles 14 and 18.  The Committee notes the Government’s indication that a draft Occupational Health and Safety Act was with the Chief Parliamentary Council and should be enacted in the near future with a view to ensuring adequate penalties for violation of legal provisions and also notification to the labour inspectorate of all cases of occupational diseases. It requests the Government to continue to supply information on the progress made in this regard.

Articles 20 and 21.  Further to its previous comments, the Committee notes that the central inspection authority publishes a general report containing all the information requested under Article 21 on a yearly basis. Noting that no annual report has been transmitted to the ILO since the annual report for the year 1997, it asks the Government to submit as soon as possible the annual inspection reports.