Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

The Committee notes the observations of the Jamaica Confederation of Trade Unions (JCTU) and the Jamaica Employers Federation (JEF), received on 1 January 2022.

Article 6 of the Convention. Status and conditions of service of the inspection staff. The Committee notes the Government’s indication in its report that it has approved the drafting of a new Occupational Safety and Health (OSH) Bill, following the cancellation of the revision of the OSH Bill presented in 2017 due to the onset of the COVID-19 pandemic and the subsequent dissolution of Parliament in August 2020. The Government indicates that it envisages that appropriate mechanisms will be put in place to ensure stability of tenure and continuity of employment of inspection staff, irrespective of changes of government or undue external influences. The Committee further notes that the JCTU indicates that resources in this respect have been inadequate and that the modality of engagement of a significant part of the workforce does not give stability to inspection staff, and this affects their performance and efficiency. Noting that the new OSH Bill is currently being drafted, the Committee requests the Government to ensure that any possible adoption of new legislation is in conformity with the provisions of the Convention, in particular with the requirements of stability of employment of inspection staff and their independence from changes of government and improper external influences. Furthermore, the Committee requests the Government to adopt the necessary measures to guarantee that the conditions of service of labour inspectors, including their levels of remuneration and tenure of employment, are similar to those of other public officials with responsibilities of a similar category and complexity. The Committee requests that the Government provide details on these new measures and illustrative figures in this respect, including comparative information on levels of remuneration and tenure of employment for categories of public officials identified as having similar responsibilities, such as tax collectors and the police.

Article 14. Notification of cases of occupational diseases. The Committee notes that the Government does not provide any information on the measures taken or envisaged to ensure the notification of cases of occupational diseases to the labour inspectorate. It also notes the information provided by the Government according to which no occupational diseases were reported during the period under examination. Noting that no cases of occupational diseases have been reported to the labour inspectorate during the last decade, the Committee requests the Government to take concrete measures, in accordance with Article 14 of the Convention, to ensure that cases of occupational diseases are duly notified to the labour inspectorate, and to provide specific information on the measures taken in this respect, including the progress made in the implementation of the new management information system to which the Government referred in its previous report. It also requests the Government to provide statistical information disaggregated by year on the cases of occupational diseases reported to the labour inspectorate, indicating the number of cases and the cause of the diseases.

Articles 20 and 21. Annual report on the work of the inspection services. The Committee notes that no annual inspection reports have been received since 2014. It also notes that the only annual reports available on the website of the MLSS relate to the periods 2016–17 – to which the Committee previously referred – and 2017–18.The Committee notes that the MLSS annual report for 2017-2018: (i) refers to laws and regulations relevant to the inspection services in the areas of wages, OSH and conditions of employment; (ii) contains information on the number of workplaces liable to inspection; and (iii) indicates the number of inspection visits carried out, as well as the number of accidents reported and investigated. Furthermore, the Committee notes the Government’s indications in its report that (a) there are 16 OSH inspectors; (b) 310 letters were sent to employers who did not comply with factory and OSH registration requirements; and (c) no occupational diseases were reported. It also notes that no information is provided on the number of workers employed in the workplaces liable to inspection, nor on the penalties imposed for the identified contraventions. In this context, the Committee requests the Government to take the necessary measures to ensure that annual labour inspection reports are regularly published and communicated to the ILO, in accordance with Article 20 of the Convention, and that they contain information on all the subjects covered by Article 21(a)–(g), including those that were not covered in its last annual report (labour inspectorate staff, including all categories of inspectors, in addition to OSH inspectors, number of workers employed in the workplaces liable to inspection, violations identified in relation to labour laws and regulations, in addition to OSH contraventions, penalties imposed and cases of occupational diseases).