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

Labour Inspection Convention, 1947 (No. 81) - Barbados (Ratification: 1967)

Articles 2, 22 and 23 of the Convention. Scope of labour inspection. The Committee understands that the Safety and Health at Work Act (SHAW) 2005 entered into force in January 2013. It notes that its scope of application is wider than that of the repealed Factories Act (FA) Cap. 347 1987, and that the SHAW applies not only to factories, but also to agricultural enterprises, sea- and airports and the public service, etc. The Committee understands from the observations made by the Executive Council of the Barbados Workers’ Union (BWU), in a communication dated 31 August 2011, that draft regulations under the provisions of the SHAW have been forwarded for comments to the representative employers’ and workers’ organizations. The Committee also notes the Government’s indications that, following the entry into force of the SHAW, routine labour inspections will be conducted in commercial workplaces, which have not been covered by labour inspection in the past. The Committee asks the Government to provide information on the number of labour inspections conducted in the different sectors of economic activity and to include this information in the annual labour inspection reports.

Articles 3(1)(b) and 13. Preventive activities in the area of occupational safety and health (OSH). The Committee notes that under the SHAW employers are required to conduct risk assessments in the area of OSH and prepare and regularly revise a general policy statement with respect to workplace safety, health and welfare (sections 6 and 7 of the SHAW). In this regard, the Committee notes with interest, from the website of the Labour Department, the recent launching of a voluntary OSH self-management systems programme. In the context of this programme, companies are being evaluated on the basis of the following criteria: the degree to which risk assessments are conducted; statistics of occupational accidents and diseases; the level of compliance with the SHAW; and the commitment of management, as well as the involvement of employees. Each company’s OSH performance will be awarded a designation, ranging from bronze to platinum, with the latter awarded to those entities which demonstrate excellence in the management and promotion of OSH. The Labour Department is providing assistance for the implementation of the OSH self-management system. The Committee also notes from the observations made by the BWU that the OSH section of the Labour Department provides training in the area of OSH and undertakes public awareness-raising programmes.

The Committee further notes with interest that, under the SHAW, labour inspectors are now vested with the power to issue “improvement notices” requiring alterations to secure compliance with the provisions of the SHAW (section 112 of the SHAW) and “prohibition notices” requiring such alterations as to remedy risks to the safety and health of workers, which take immediate effect if the inspector is of the opinion that there is an imminent danger to the health or safety of workers (section 113 of the SHAW). The Committee asks the Government to provide detailed information on the preventive activities undertaken by inspection officers in the area of OSH, including: activities in relation to the voluntary OSH self-management systems programme; training provided to employers and workers; public awareness-raising programmes; and the adoption of measures with immediate executory force in the event of imminent danger to the health or safety of workers. Please indicate the impact of these activities on the number of occupational accidents and diseases.

Articles 20 and 21. Publication and communication of an annual report on the work of labour inspection services. The Committee notes with regret that the last annual report on the work of the Labour Department, containing useful information on most of the subjects enumerated in Article 21, was received by the Office in 1999. Referring to its 2010 general observation, the Committee recalls that the annual labour inspection report offers an indispensable basis for the national authorities, the social partners and the ILO supervisory bodies to evaluate the results in practice of the activities of the labour inspection services and contribute to its improvement, particularly for the determination of the means necessary to improve their effectiveness. Noting the Government’s reference to a weekly, monthly and quarterly reporting system, the Committee believes that relevant data for the establishment of the annual labour inspection reports should be available at the Labour Department. The Committee therefore urges the Government to make every effort to ensure that annual labour inspection reports are published and communicated to the ILO (Articles 20 and 21 of the Convention), to indicate the measures taken and to report on any difficulties encountered in this regard. The Committee reminds the Government that it can avail itself of the technical assistance from the Office, if it so wishes, in order to fulfil its obligations under these provisions.

It requests the Government in any event to provide with its next report statistical information that is as detailed as possible on the activities of the labour inspection services (industrial and commercial places liable to inspection, number of inspections, infringements detected and the legal provisions to which they relate, penalties applied, number of occupational accidents and diseases, etc.).

The Committee is raising other points in a request addressed directly to the Government.