Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Trinidad and Tobago

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2007)
Labour Administration Convention, 1978 (No. 150) (Ratification: 2007)

Previous comments

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

Labour Inspection Convention, 1947 (No. 81)

Articles 5(a), 17 and 18 of the Convention. Cooperation with the justice system and effective enforcement of legal provisions. Following its previous comment, the Committee notes the Government’s indication in its report that the Ministry of Labour is not pursuing the development of a national labour inspection policy at this time. The Government adds that information on any further developments will be provided in due course. While taking note of this information, the Committee requests the Government to provide any update on the adoption of such policy in the future.

Article 5(b). Collaboration with employers and workers or their organizations. In reply to the Committee’s previous comment, the Government reiterates that information on the establishment and operation of OSH committees is requested and reviewed by OSH inspectors during inspection visits and that their findings form part of the inspection report. It also indicates that the Joint Select Committee on Local Authorities, Service Commissions and Statutory Authorities (including the Tobago House of Assembly), in its 12th Report on an inquiry into the occupational safety and health compliance within the public service (2018-19), highlighted, inter alia, the importance of ensuring that Safety and Health Committees are established to facilitate effective oversight. The Committee once again requests the Government to provide more detailed information on the activities carried out by OSH committees in workplaces, including specific information on the number, subject matter, and outcomes of investigations requested by OSH committees.

Article 6. Status of labour inspectors. 1. Status of OSH inspectors. In response to its previous comment, the Committee notes the Government’s indication that a number of measures, set out in the 2019-23 Strategic Plan, have been taken to address the operations of OSHA, including: (i) the recommendation of a new organizational structure; (ii) the modification of job descriptions for newly-created positions; and (iii) the conduct of a cost analysis (for new positions) with the intention of upgrading the current salaries. The Committee notes the Government’s indication that these measures are being undertaken with the intention of converting the organization from a contractual employment structure to a permanent employment structure. The Government further indicates that the positions of Labour Inspector I and Labour Inspector II in the Labour Inspectorate Unit (LIU) of the Ministry of Labour are currently being reclassified under a job evaluation exercise. The Government anticipates that the minimum educational entry requirements for the positions will be upgraded. Once the job evaluation exercise is completed, the Ministry of Labour is hoping to fill the vacancies by recruiting labour inspectors under the new and upgraded entry requirements. The Committee requests the Government to provide information on the impact of the measures taken, including those set out in the 2019-23 Strategic Plan and in the job evaluation exercise, to ensure that OSH inspectors are public officials assured of stability of employment, in conformity with Article 6 of the Convention. It also requests once again the Government to provide information on compensation and benefits provided to OSH inspectors in comparison to government employees or contractors exercising similar duties and responsibilities, such as tax inspectors or the police.

2. Status of Chief Labour Inspector and Senior Labour Inspector. Following its previous comments on the ongoing process of classification of the positions of Chief Labour Inspector and Senior Labour Inspector of the LIU, the Committee notes the Government’s indication that, in October 2019, the Permanent Secretary of the Ministry of Labour submitted to the Chief Personnel Officer the amended classification questionnaires for the offices of the Senior Labour Inspector, Labour Inspector I, and Labour Inspector II. The Government adds, however, that the classification exercise has not yet been finalized. The Committee notes the Government’s indication that, as in interim measure, the Minister of Labour approved the employment, on contract, of a Senior Labour Inspector Specialist for a period of three years, with this officer assuming duties in October 2022, as well as a Chief Labour Inspector Specialist, for a period of three years, with this officer assuming duties in August 2022. Noting that these positions have been temporarily filled on a contractual basis, the Committee requests the Government to provide information on any developments related to the classification of the posts of Chief Labour Inspector and Senior Labour Inspector, as well as on the filling of the positions on a permanent basis.

Articles 7(1) and (2), 10, 11 and 16. Recruitment and number of inspectors. Number of inspections. Material means. The Committee notes the Government’s indication that there are 14 inspectors (15 in 2020) in the LIU that carried out 120 inspections in 2021 and 729 in 2022. The Committee also notes that the OSHA has 31 inspectors (38 in 2020) and that there has been a declining trend in the number of inspections carried out (from 3,569 in 2019, to 2,096 in 2020, 1,746 in 2021 and 1,529 in 2022). The Government indicates that there are 60 sanctioned positions in the OSHA but that the lack of office space to place all inspectorate staff and the lack of funds for ancillary items that are necessary for the inspectors to function efficiently (including for example, personal protective equipment, laptops, phones, etc.), are the main factors that have affected the Agency’s ability to fill the remaining positions. The Government indicates that the Agency is currently in the process of obtaining a larger office space. The Committee once again urges the Government to pursue its efforts to fill the substantial number of remaining vacant inspector positions at the OSHA and to take the necessary measures to address the lack of funding and office space. The Committee requests the Government to provide information on any progress in this regard. The Committee requests the Government to indicate the number of vacant positions in the LIU and to continue to provide information on the number of inspection visits undertaken by the LIU and OSHA.

Articles 20 and 21. Publication and communication of an annual report on labour inspection. Following its previous comment, the Committee notes the Government’s indication that the OSHA’s annual report, which covers the period October 2019 to September 2020, was submitted to the Ministry of Labour for transmission to Parliament, in accordance with national legislation. The Committee notes that no labour inspection report has been published and transmitted to the Office. The Committee once again requests the Government to pursue its efforts to ensure the publication of OSHA and LIU annual reports. The Committee also requests the Government to transmit a copy of these reports to the ILO, in conformity with Articles 20 of the Convention and to ensure that they contain all the information requested in Article 21 of the Convention.

Labour Administration Convention, 1978 (No. 150)

Article 4. Coordination of functions and responsibilities within the labour administration system. In reply to the Committee’s previous request, the Government indicates that numerous aspects of the 2017-20 Strategic Plan were implemented, including the strengthening of the labour administration arm of the Ministry of Labour and, in particular, the LIU, the Conciliation, Advisory and Advocacy Division, and the Labour Market Information System. The Government indicates that the Ministry of Labour is in the process of developing a new strategic plan for the 2024-28 period and that the work of the Ministry is closely aligned to the themes identified in the National Development Strategy (Vision 2030). Some of the goals and strategies articulated under the various themes include providing a clear framework of rights and responsibilities in the workplace; protecting the safety and health of workers; reviewing and reforming all existing labour legislation, and developing new legislation where necessary; and strengthening the relationship between the Government and the social partners. The Committee requests the Government to continue to provide information on the measures taken to ensure the coordination of the functions and responsibilities of the labour administration system. In this respect, it requests the Government to provide information on the development, implementation and results achieved in the framework of the strategic Plan of the Ministry of Labour for the 2024–28 period.

Article 10. Human resources and material means necessary for the operation of the labour administration system. Following its previous comment, the Committee notes the Government’s indication that measures were taken to fill vacancies within the labour administration system. For example, the Government indicates that, in February 2023, the Director of Personnel Administration of the Service Commission Department was requested to urgently fill the vacant offices of Senior Labour Relations Officer, Labour Relations Officer I, and Labour Relations Officer II within the Conciliation, Advisory and Advocacy Division of the Ministry of Labour. The Government indicates that as an interim measure, the Ministry of Labour continues to employ persons on a contractual basis and that the Cabinet recently approved 19 positions to be filled on contract within the Conciliation, Advisory and Advocacy Division. With respect to the material means of the labour administration system, the Government indicates that the Ministry of Labour continues to provide resources for the operation of the labour administration. With reference to its comments above concerning Articles 6, 10 and 11 of Convention No. 81, the Committee requests the Government to continue to provide information on the measures taken to ensure that the staff of the labour administration system have the status, the stability of employment, and the financial and material resources necessary for the effective performance of their duties, and to provide detailed information in this respect.