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

Individual Case (CAS) - Discussion: 1993, Publication: 80th ILC session (1993)

A Government representative indicated that the Labour Department in Jamaica had been experiencing a number of difficulties over the last few years due, in large part, to the budget cuts resulting from the measures taken for structural adjustment. He noted, however, that it had always been difficult to recruit and retain suitably qualified labour inspectors, particularly in the area of occupational safety and health, because of the low level of public sector remuneration. Insufficient staff and inadequate equipment and transportation facilities due to reduced budgets resulted in irregular inspection visits, inadequate inspection and poor data collection and collation. Faced with these difficulties, the Government had decided to seek the assistance of the ILO in the restructuring and reorganizing of the inspectorate. The Government had also contracted the services of an international firm to carry out an audit of the total operation of the Ministry of Labour and Welfare. It was hoped that these efforts would result in a more streamlined inspectorate which would permit the Government fully to meet its obligations under the Convention. As concerned the application of Article 13, paragraphs 2(b) and 3, of the Convention, he stated that the tripartite Labour Advisory Committee was still in the process of reviewing all the labour legislation and was awaiting the input which would be provided from the technical assistance of the ILO. In respect of Article 14, it was hoped that the matter would be finalized very soon.

The Employers' members noted that this was an essential Convention which was very rarely dealt with in this Committee. Insufficient inspection could have a serious impact on a large number of workers. They recalled that the dialogue with the Government on this case had been quite difficult as the Government had once again not supplied its report for examination by the Committee of Experts and, in 1992, had failed to take part in the discussions in this Committee on this case. They supported the Committee of Experts' requests for the Government to: submit annual inspection reports; provide for legislation empowering factory inspectors to require measures with immediate executory force in the event of imminent danger to the health and safety of workers; and take measures to require the notification of occupational diseases. They noted that no progress had been made with respect to these issues for many years and, therefore, recommended that firm conclusions be drafted.

The Workers' members associated themselves with the Employers' members and stressed that, given the importance of the question of inspection, the conclusions should reflect the Committee's deep concern and insist that the necessary measures be taken in the very near future. They added that the Government might wish to consider technical assistance from the ILO on this matter.

The Government representative noted the comments made and indicated that ILO technical assistance had already been sought to remedy the situation.

The Committee took note of the information provided by the Government and in particular that it had requested ILO technical assistance in order to undertake the reorganization of the labour inspectorate. The Committee recalled the fundamental importance of this Convention as a means of ensuring the application of social and labour legislation and expressed the hope that the Government would communicate detailed information on the measures adopted to apply the Convention, including the annual inspection reports, for review by the Committee of Experts at its next meeting. The Committee trusted that the provisions of Articles 13 and 14 of the Convention would be put into practice and that it would be able to note concrete progress in the very near future.

Individual Case (CAS) - Discussion: 1990, Publication: 77th ILC session (1990)

A Government representative stated, as regards Article 13, paras. 2(b) and 3 of the Convention, that the Tripartite Labour Advisory Committee whose terms of reference included the review of labour legislation, had been dormant during the 1970s, but had been reactived in 1989. The amendments to the legislation with a view to empowering factory inspectors to require measures with immediate executory force in the event of imminent danger to the health and safety of workers were being pursued through this channel. With respect to Articles 20 and 21 of the Convention, he stated that the Government concurred with the observation of the Committee of Experts and profoundly regretted that no annual labour inspection reports had been submitted in accordance with these Articles since 1973. This should not be viewed as a lack of will to comply with the precisions of the Convention which it had obviously ratified voluntarily; the Government has started to rebuild and expand its Research, Statistics and Pay Monitoring Unit, and with this new capability no effort would be spared in remedying the situation. The speaker guaranteed that the next report on the application of the Convention, due in 1991, would show marked improvement in this regard.

The Employers' members asked the Government to indicate in more concrete terms whether, in addition to acknowledging that something had to be done to remedy the situation, legislative amendments had actually been drafted concerning the points raised by the Experts and when the Committee could count on changes being made to existing legislation. They stressed that reports on labour inspection had promised that reports would be provided in 1991. They also stressed that it was worthwhile for the Government to produce these reports as they were not only for the ILO's benefit but primarily for the Government itself, so as to enable it to draw conclusions from the data compiled and to take steps to improve the welfare of workers.

The Workers' members joined the Employers' members in their comments and further stressed the importance of the Convention and of the data contained in reports produced in compliance with it. They observed that, although the Government had assured the Committee in 1983 that labour inspectors would be given the above-mentioned authority as required by Article 13 of the Convention, there has still been no progress in this regard. The Workers' members asked that the case be taken up again next year if there was no improvement in the situation.

The Government representative agreed that it was in the Government's interest to abide by the requirements of the Convention, and stated that this would be done. As regards the legislative amendments, he added that his Government was working on the matter with the Labour Advisory Committee and that a draft should be ready next summer. The speaker sounded a note of optimism, commenting that, generally speaking, there had been a marked improvement in the submission of reports.

The Committee noted the information given by the Government and the assurance that the situation would be markedly improved next year. However, it remained concerned at the length of time taken by the Government to introduce the changes requested. The Committee hoped that at its next session it would be in a position to find the optimism of the Government representative justified.

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

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).

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

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 12(1)(a) and (c)(ii) of the Convention. Unannounced visits. Production of documents. The Committee notes the Government’s indication, in response to the Committee’s previous request concerning measures to give effect to Article 12(1)(a) and (c)(ii), that in accordance with the requirements under section 13(2)(b) of The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, any power of entry of labour officers should not prejudice the rights and freedoms of others. The Government adds that, in this connection, legislation requiring the power of entry by labour inspectors has to have provisions requiring reasonable notice before a proposed entry, except in circumstances where the officer has a search warrant.

The Committee also notes that the JEF is in agreement with the Government's response and is particularly concerned about the proposed ability to enter premises at any time of the day or night. In addition, the Committee notes that, according to JCTU, in many reported circumstances, including in the construction industry, confining labour inspectors to giving notice before a proposed entry invalidates the intent of the inspection, as it facilitates the employer to artificially make adjustments or instruct responses that would affect the inspector's assessment. The Committee further notes that, according to JCTU, similar powers of “unannounced entry” are afforded to other arms of Government in situations where this is deemed necessary. The Committee emphasizes that the conditions for the exercise of the right of free entry to workplaces set out in the Convention are intended to enable inspectors to carry out inspections of workplaces in order to enforce legal provisions relating to conditions of work. On this understanding, unannounced visits enable the inspector to enter work premises without warning the employer, especially in cases where the employer may be expected to attempt to conceal a violation by changing the usual conditions of work, preventing a witness from being present or making it impossible to carry out an inspection (see the 2006 General Survey on labour inspection, paragraph 263). The Committee therefore requests the Government to take concrete measures, including in the context of a possible adoption of the new draft OSH Bill, to ensure, in accordance with Article 12(1)(a) and (c)(ii) of the Convention, that labour inspectors provided with proper credentials are empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, and to require the production of any books, registers or other documents the keeping of which is prescribed by national laws or regulations relating to conditions of work, in order to see that they are in conformity with the legal provisions, and to copy such documents or make extracts from them.

Article 13(2)(b). Measures with immediate executory force in the event of imminent danger to the health or safety of the workers. The Committee notes that the Government does not provide further information on this point. It notes that according to the information contained in the annual report of the Ministry of Labour and Social Security (MLSS) for 2017-2018, while the main operational activities of the Occupational Safety and Health Department (OSHD) focus on the administration of the Factories Act, 1943 and associated Regulations, other entities, including governmental organizations, are requesting the services of the OSHD to develop programmes and provide OSH auditing services. The Committee once again requests the Government to take prompt measures, including in the context of the drafting of the new OSH Bill, to ensure that labour inspectors are empowered to order measures with immediate executory force to eliminate imminent danger to the safety and health of workers in all industrial workplaces, and to provide information on the measures taken in this respect. It also requests the Government to provide statistical information on the preventive measures taken by labour inspectors with immediate executory force, in application of Article 13(2)(b) of the Convention.

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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the information provided by the Government in reply to its previous comments relating to Article 3(1)(b) of the Convention (technical information and advice concerning occupational safety and health).

Article 6 of the Convention. Status and conditions of service of the inspection staff. The Committee notes the indication of the Government in its report that the draft Occupational Safety and Health (OSH) Act is currently being considered by Parliament. With respect to the status and conditions of service of the inspection staff, the Committee notes that section 140 of the draft stipulates that: (a) the Ministry may appoint OSH Officers; (b) the appointment may be subject to conditions or limitations specified in the instrument of appointment; and (c) the Minister may vary or revoke an appointment at any time. The Committee recalls that in its 2006 General Survey, Labour inspection (paragraphs 201–208), it emphasized that inspectors cannot act in full independence, as required by their functions, if their service or their career prospects depend on political considerations. As public servants, labour inspectors are generally appointed on a permanent basis. A decision to dismiss an inspector, like any other decision to apply a sanction with serious consequences, should be taken, or confirmed, by a body offering the necessary guarantees of independence or autonomy with respect to the hierarchical authority and in accordance with a procedure guaranteeing the right of defence and appeal. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the inspection staff is composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences, as required by Article 6 of the Convention.

Article 12(1)(a) and (c)(ii). Unannounced visits. Production of documents. The Committee notes that, pursuant to section 119 of the draft OSH Act, a labour officer is entitled to enter a workplace to inspect employee records or information for the purpose of inquiry into a suspected contravention of the Act. However, the labour officer shall give notice of the proposed entry to the person from whom the documents are requested and the relevant person conducting a business or undertaking, during usual working hours at that workplace at least 24 hours, but not more than 14 days, before the entry. The Committee recalls that pursuant to Article 12 of the Convention, labour inspectors shall be empowered to enter freely and without previous notice any workplace liable to inspection at any hour of the day or night. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that labour inspectors provided with proper credentials shall be empowered to: enter freely and without previous notice at any hour of the day or night any workplace liable to inspection; and to require the production of any books, registers or other documents the keeping of which is prescribed by national laws or regulations relating to conditions of work, in order to see that they are in conformity with the legal provisions, and to copy such documents or make extracts from them.

Article 13(2)(b). Measures with immediate executory force in the event of imminent danger to the health or safety of the workers. In its previous comments the Committee had noted that, pursuant to section 26 of the Factories Act 1943, the chief factory inspector could require that work be discontinued until health and safety conditions are met. Noting that this provision only applied to the sectors listed in section 26, the Committee had urged the Government to take the necessary measures to ensure the adoption of legislation that would empower labour inspectors to adopt measures with immediate executory force in the event of imminent danger to the health or safety of workers in all industrial workplaces. The Committee notes the Government’s indication that, pursuant to sections 173–175 of the draft OSH Act 2017, officers of the OSH Department (OSHD) are empowered to issue prohibition orders in all sectors. The Committee requests the Government to adopt the necessary measures to empower inspectors to make or have made orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers, in conformity with Article 13(2)(b) of the Convention.

Article 14. Notification of cases of occupational disease. In its previous comments, the Committee had requested the Government to pursue its efforts to ensure notification of cases of occupational diseases to labour inspectors. The Committee notes the Government’s indication that the OSHD conducted several educational sessions on the National Insurance (Prescribed Diseases) Regulations 1970, and that there has been greater collaboration with the Ministry of Health. However, the Government indicates that no occupational diseases on the prescribed list were reported in 2016 to the Employment Injury Benefit Department of the Ministry of Labour and Social Security (MLSS). The Government also indicates that a new management information system will soon be implemented for the National Insurance Scheme to assist in capturing information on cases of occupational diseases that may be reported to the Employment Injury Benefit Department. In this respect, the Committee recalls the importance of formal mechanisms to provide labour inspectorates with the data needed to identify high-risk activities and the most vulnerable categories of workers, and to carry out research into the causes of occupational diseases in establishments and enterprises liable to inspection (see 2006 General Survey, Labour inspection, paragraphs 118–127). The Committee requests the Government to pursue its efforts to ensure that labour inspection services are notified of cases of occupational disease, in accordance with Article 14 of the Convention, and to provide information on the measures taken or envisaged in this respect, including on the implementation of a new management information system. It also requests the Government to continue to provide information on the number of notifications received.

Articles 20 and 21. Annual report on the work of the inspection services. In its previous comments, the Committee had noted that the Statistical Bulletin of the MLSS of 2012 contained information on the number of complaints received, inspections undertaken and accidents reported. The Committee notes that the Annual Report of the MLSS for 2016–17: (i) refers to laws and regulations relevant to the work of the inspection service, in accordance with Article 21(a); (ii) indicates the number of accidents reported and investigated, in conformity with Article 21(f); and (iii) contains information on the number of workplaces liable to inspection and inspection visits, as prescribed by Article 21(d). However, the Committee notes that the Annual Report does not indicate the number of workers employed therein, as required by Article 21(c). In addition, the Committee notes the Government’s indication in its report that there are 16 posts for industrial safety inspectors. The Government also provides information concerning violations, particularly that: (a) the OSHD sent 110 letters to employers that were not in compliance with registration requirements under the Factories Act 1943, or with OSH requirements; and (b) one employer was prosecuted for failure to comply with the provisions of the Factories Act 1943. However, no information is provided on the penalties imposed, as required by Article 21(e). Finally, the Committee notes the Government’s indication that no occupational diseases were reported and refers to its comments above on the application of Article 14 of the Convention. The Committee requests the Government to continue to publish the annual report on the work of the inspection services in accordance with Article 20 of the Convention and to ensure that it deals with all the subjects listed in Article 21 of the Convention, including those that were not covered in its last annual report (staff of the labour inspection; number of workers employed in the workplaces liable to inspection; penalties imposed; and cases of occupational disease).

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the information provided by the Government in reply to its previous comments relating to Article 3(1)(b) of the Convention (technical information and advice concerning occupational safety and health).

Article 6 of the Convention. Status and conditions of service of the inspection staff. The Committee notes the indication of the Government in its report that the draft Occupational Safety and Health (OSH) Act is currently being considered by Parliament. With respect to the status and conditions of service of the inspection staff, the Committee notes that section 140 of the draft stipulates that: (a) the Ministry may appoint OSH Officers; (b) the appointment may be subject to conditions or limitations specified in the instrument of appointment; and (c) the Minister may vary or revoke an appointment at any time. The Committee recalls that in its 2006 General Survey, Labour inspection (paragraphs 201–208), it emphasized that inspectors cannot act in full independence, as required by their functions, if their service or their career prospects depend on political considerations. As public servants, labour inspectors are generally appointed on a permanent basis. A decision to dismiss an inspector, like any other decision to apply a sanction with serious consequences, should be taken, or confirmed, by a body offering the necessary guarantees of independence or autonomy with respect to the hierarchical authority and in accordance with a procedure guaranteeing the right of defence and appeal. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the inspection staff is composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences, as required by Article 6 of the Convention.

Article 12(1)(a) and (c)(ii). Unannounced visits. Production of documents. The Committee notes that, pursuant to section 119 of the draft OSH Act, a labour officer is entitled to enter a workplace to inspect employee records or information for the purpose of inquiry into a suspected contravention of the Act. However, the labour officer shall give notice of the proposed entry to the person from whom the documents are requested and the relevant person conducting a business or undertaking, during usual working hours at that workplace at least 24 hours, but not more than 14 days, before the entry. The Committee recalls that pursuant to Article 12 of the Convention, labour inspectors shall be empowered to enter freely and without previous notice any workplace liable to inspection at any hour of the day or night. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that labour inspectors provided with proper credentials shall be empowered to: enter freely and without previous notice at any hour of the day or night any workplace liable to inspection; and to require the production of any books, registers or other documents the keeping of which is prescribed by national laws or regulations relating to conditions of work, in order to see that they are in conformity with the legal provisions, and to copy such documents or make extracts from them.

Article 13(2)(b). Measures with immediate executory force in the event of imminent danger to the health or safety of the workers. In its previous comments the Committee had noted that, pursuant to section 26 of the Factories Act 1943, the chief factory inspector could require that work be discontinued until health and safety conditions are met. Noting that this provision only applied to the sectors listed in section 26, the Committee had urged the Government to take the necessary measures to ensure the adoption of legislation that would empower labour inspectors to adopt measures with immediate executory force in the event of imminent danger to the health or safety of workers in all industrial workplaces. The Committee notes the Government’s indication that, pursuant to sections 173–175 of the draft OSH Act 2017, officers of the OSH Department (OSHD) are empowered to issue prohibition orders in all sectors. The Committee requests the Government to adopt the necessary measures to empower inspectors to make or have made orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers, in conformity with Article 13(2)(b) of the Convention.

Article 14. Notification of cases of occupational disease. In its previous comments, the Committee had requested the Government to pursue its efforts to ensure notification of cases of occupational diseases to labour inspectors. The Committee notes the Government’s indication that the OSHD conducted several educational sessions on the National Insurance (Prescribed Diseases) Regulations 1970, and that there has been greater collaboration with the Ministry of Health. However, the Government indicates that no occupational diseases on the prescribed list were reported in 2016 to the Employment Injury Benefit Department of the Ministry of Labour and Social Security (MLSS). The Government also indicates that a new management information system will soon be implemented for the National Insurance Scheme to assist in capturing information on cases of occupational diseases that may be reported to the Employment Injury Benefit Department. In this respect, the Committee recalls the importance of formal mechanisms to provide labour inspectorates with the data needed to identify high-risk activities and the most vulnerable categories of workers, and to carry out research into the causes of occupational diseases in establishments and enterprises liable to inspection (see 2006 General Survey, Labour inspection, paragraphs 118–127). The Committee requests the Government to pursue its efforts to ensure that labour inspection services are notified of cases of occupational disease, in accordance with Article 14 of the Convention, and to provide information on the measures taken or envisaged in this respect, including on the implementation of a new management information system. It also requests the Government to continue to provide information on the number of notifications received.

Articles 20 and 21. Annual report on the work of the inspection services. In its previous comments, the Committee had noted that the Statistical Bulletin of the MLSS of 2012 contained information on the number of complaints received, inspections undertaken and accidents reported. The Committee notes that the Annual Report of the MLSS for 2016–17: (i) refers to laws and regulations relevant to the work of the inspection service, in accordance with Article 21(a); (ii) indicates the number of accidents reported and investigated, in conformity with Article 21(f); and (iii) contains information on the number of workplaces liable to inspection and inspection visits, as prescribed by Article 21(d). However, the Committee notes that the Annual Report does not indicate the number of workers employed therein, as required by Article 21(c). In addition, the Committee notes the Government’s indication in its report that there are 16 posts for industrial safety inspectors. The Government also provides information concerning violations, particularly that: (a) the OSHD sent 110 letters to employers that were not in compliance with registration requirements under the Factories Act 1943, or with OSH requirements; and (b) one employer was prosecuted for failure to comply with the provisions of the Factories Act 1943. However, no information is provided on the penalties imposed, as required by Article 21(e). Finally, the Committee notes the Government’s indication that no occupational diseases were reported and refers to its comments above on the application of Article 14 of the Convention. The Committee requests the Government to continue to publish the annual report on the work of the inspection services in accordance with Article 20 of the Convention and to ensure that it deals with all the subjects listed in Article 21 of the Convention, including those that were not covered in its last annual report (staff of the labour inspection; number of workers employed in the workplaces liable to inspection; penalties imposed; and cases of occupational disease).

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 3(1) and (2) of the Convention. Preventive activities in the field of occupational safety and health. The Committee previously noted the implementation by the Occupational Safety and Health Department of the Ministry of Labour and Social Security of the Voluntary Compliance Programme aimed at raising awareness of employers and workers and encouraging the improvement of safety and health in all economic sectors.

The Committee notes the information in the Government’s report that it has registered a total of 193 companies in the programme. Participating companies receive a first audit which serves as a baseline assessment, and the company is given at least 12 months to seek to address the recommendations given in the baseline report. If the minimum requirements are met when the second audit is conducted, companies are given a programme certificate, along with further recommendations. The Government indicates that 13 certificates were awarded during the reporting period. However, it appears that the system is not yet fully operational. The Committee asks that the Government continue to provide information on the implementation of the Voluntary Compliance Programme, including the role of labour inspectors in the initial and follow-up audits undertaken and the number of audits undertaken in companies participating in this programme, as well as examples of the recommendations issued pursuant to these audits. It also asks that the Government provide information on the overall impact of this programme on safety and health conditions in participating companies.

Article 13. Powers of labour inspectors to order immediate preventive measures. The Committee previously noted that section 26 of the Factories Act provides occupational safety and health inspectors with the power to issue prohibition notices (stop orders) in certain sectors (particularly building operations, construction and docks) in the event of danger to the health, safety and welfare of workers. It also noted the Government’s information concerning the forthcoming adoption of the draft Occupational Safety and Health (OSH) Act, which would extend this power to all sectors.

The Committee notes the Government’s indication that the Minister of Labour and Social Security has given public commitments that the draft OSH Act, which will empower inspectors to issue prohibition notices in all sectors in conformity with Article 13(2) of the Convention, is a priority, and that it should soon be submitted to Parliament. Recalling that the Government has been referring to the pending adoption of the draft OSH Act since 2000, the Committee urges the Government to take the necessary measures to ensure the adoption of legislation, in the near future, that will empower labour inspectors to issue prohibition notices in the event of imminent danger to the health or safety of workers in all sectors.

Article 14. Notification of cases of occupational disease. The Committee previously noted the Government’s indication that it faced the under-reporting of occupational diseases and that, in the last reporting period, the occupational safety and health inspectorate had not been informed of cases of any of the 15 occupational diseases recognized in national legislation.

The Committee notes the Government’s statement that the draft OSH Act includes the ILO list of occupational diseases as a schedule, and that its adoption would therefore constitute a recognition of the full scope of occupational diseases. Regarding the notification of occupational diseases, the Government indicates that the amendments to the Factories Act in 2009 introduced increased penalties for failing to notify the Ministry of Labour and Social Security of occupational accidents and diseases. The Government indicates that the Ministry has used the strategy of persuasion to urge full compliance in this regard, and that it will pursue legal action against workplaces that fail to report following persuasive efforts. The Government further indicates that it will explore coordination with the Ministry of Health in gathering data on the diagnoses made in hospitals of occupational diseases. The Committee asks that the Government pursue its efforts to ensure that cases of occupational diseases are notified to the labour inspectorate, in accordance with Article 14, and to provide information on the measures taken to this end, including collaboration with the Ministry of Health. It also asks that the Government provide information on the number of notifications received in this regard, as well as the number and nature of penalties applied to workplaces for failure to notify, and to ensure that such data is included in future annual reports on the activities of the labour inspection services.

Articles 20 and 21. Annual report on the work of the labour inspection services. The Committee notes the Statistical Bulletin of the Ministry of Labour and Social Security of 2012, submitted with the Government’s report, which contains information on a number of complaints received, the number of inspections and the number of accidents reported for both 2011 and 2012. The Committee asks that the Government take the necessary measures to ensure that in the future the annual report reports contain complete information on all the subjects listed in Article 21(a)–(g), including the number of inspectors, the number of workplaces liable to inspection and the number of workers employed therein, as well as data on the violations detected and the number and nature of the penalties imposed.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the detailed information in the Government’s report in reply to its previous comments as well as the information on the activities of labour inspectors in the Pay and Conditions of Employment Branch (PCEB) and in the Occupational Safety and Health (OSH) Department of the Ministry of Labour and Social Security. It further notes the detailed information contained in the report of the Ministry of Labour and Social Security (MLSS) for 2008 and 2009.

Article 18 of the Convention. Increase of penalties. The Committee notes with satisfaction that, through the amendments of the Factories Act (FA) and the Holidays with Pay Act (PA) in 2009, the process of amending the prescribed fines by these Acts has been simplified as this process now merely requires a ministerial order, and that through the amendment of the FA and PA, the penalties for breaches of these laws have significantly increased, involving prison sentences in the case of default of payment (versions of the texts amending the FA:
No. 08-2009, and the PA: No. 14‑2009, are available at the website of the Houses of Parliament www.japarliament.gov.jm/index.php?option=com_content&view=
article&id=334&Itemid=45). Among other things, there has been an increase in the fines for the obstruction of labour inspectors in the course of their duty and for failure to notify accidents and occupational diseases up to maximum fines of JMD500,000 and JMD300,000, respectively (see FA). The Committee would be grateful if the Government would indicate the impact of the increased fines and other penalties on the observance of the amended legal provisions.

Articles 3(1) and (2). Preventive activities in the field of occupational safety and health. The Committee notes with interest the Government’s indication of the development and implementation by the OSH Department of the MLSS of a Voluntary Compliance Programme (VCP), a programme aimed at raising awareness of employers and workers and at encouraging the improvement of safety and health in all economic sectors. According to the Government, the response to this programme, which was launched in 2007 and comprises two sets of VCPs, namely one in the area of safety and health and one in the area of HIV and AIDS, has been overwhelming with more than 70 enterprises applying, exceeding the original goal of enrolling 50 enterprises in the programme. Participating enterprises are subject to an audit by OSH inspectors based on a set of performance criteria and, provided that they attain a certain score, recommended for a VSP certificate valid for two years. According to the Government, workplaces with excellent safety and health management systems will not only be recognized and promoted as model workplaces, but the VSP coordination and partnership programme which aims to complement the regulatory and enforcement efforts by OSH inspections through the identification of risks and the development of solutions by employers and workers, will also allow for enterprises to be self-regulatory, once the new OSH Act is passed (which, according to the Government, is expected in the near future). The Committee would be grateful if the Government would provide further information on the number of participating enterprises, the number of VSP certificates issued, the publication of recognized best OSH practices, the manner and number of inspection visits after the issuance of a VSP certificate and the overall impact of the programme on safety and health conditions in participating enterprises.

Please provide further information on the envisaged self-regulatory approach (for example, self-assessment procedure in enterprises and envisaged level of control through OSH inspections in self-regulatory enterprises).

Article 13. Powers of labour inspectors to order immediate preventive measures. The Committee has repeatedly noted the Government’s reference to the pending adoption of a new OSH Act, which would extend the power of OSH inspectors to issue prohibition notices (stop orders), where the safety and health of workers may be adversely affected, to all branches of the economy. It notes that the draft of this Act, after minor modifications by the Ministry, is currently being finalized by the Chief Parliamentary Counsel and that the final version of the OSH Bill will be tabled in Parliament in 2011 and enacted in the near future. The Committee requests the Government to take appropriate steps to ensure that the legislation is supplemented without delay with regard to the abovementioned powers of labour inspectors and to send a copy of the relevant text.

Article 14. Notification of cases of occupational disease. The Committee notes that, according to the information in the current report of the Government, during the last reporting period, the OSH inspectorate has not been informed of cases of any of the 15 occupational diseases which are recognized in national legislation. In addition to the reasons for the under-reporting previously brought forward (such as: (i) the difficulty of establishing a causal relationship between the disease and the worker’s occupation; and (ii) the lack of qualified specialists in occupational medicine), the Government adds that some contemporary diseases, such as the carpal tunnel syndrome, are not recognized by national legislation. The Government indicates that it is therefore currently reviewing the Workmen’s Compensation Act and the National Insurance (Prescribed Diseases) Regulations with a view to incorporating the ILO list of occupational diseases into national legislation. The Committee hopes that through the abovementioned increase of the amount of fines for the non-respect of the obligation to notify accidents and occupational diseases, this obligation will be better observed in the future. The Committee would be grateful if the Government would indicate the steps taken to adopt the ILO list of occupational diseases and, if so, to provide information on the impact of this measure on the number of notifications of occupational diseases to the OSH inspectorate as well as on the labour inspection activities aimed at identifying sectors with a high level of occurrence of occupational diseases and developing appropriate preventive actions.

It once again asks the Government to indicate the measures envisaged to improve the system for the notification of occupational diseases. In this context, the Committee again wishes to draw the Government’s attention to the ILO code of practice on the recording and notification of occupational accidents and diseases which offers guidance on the collection, recording and notification of reliable data and the effective use of such data for preventive action
(available at www.ilo.org/safework/normative/codes/lang--en/docName--WCMS_
107800/index.htm).

Articles 20 and 21. Annual report on the work of the labour inspection services. The Committee notes the information annexed to the Government’s report, on the activities of labour inspectors in the PCEB and in the OSH Department of the MLSS. It notes, however, the absence of statistics of violations detected and penalties imposed. As the collection of relevant data is concerned, the Committee would like to refer the Government to paragraph 158 of its General Survey of 2006 and to its general observation of 2007 to recall the necessity for measures aimed at promoting effective cooperation between the labour inspection services and other government services or public institutions responsible for investigating and penalizing infringements with a view to establishing a procedure for the communication of the relevant information, which would enable the central inspection authority to include them in the annual report on its activities. In addition, the Committee recalls that a separate annual report on the work of the inspection services, in accordance with all the requirements contained in Articles 20 and 21, has to be established and published by the central inspection authority. The Committee requests the Government to ensure that an annual report containing all the data required by Article 21 of the Convention is published by the central authority and a copy sent to the ILO as soon as possible or to indicate the steps taken to this end and, if applicable, the difficulties encountered.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

With reference to its observation, the Committee notes the detailed information supplied by the Government under each provision of the Convention. While noting that the draft Occupational Safety and Health (OSH) Act is being currently finalized by the Chief Parliamentary Counsel and will be tabled in Parliament in the near future, the Committee wishes to draw the Government’s attention to the following points.

Articles 13 and 17 of the Convention. Powers of labour inspectors to order immediate preventive measures. Legal proceedings. The Committee notes that under section 26(1) of the Factories Act, the chief factory inspector has the power to require by notice in writing (stop order), as a preventive measure, that the use of premises for certain purposes be discontinued in the event of danger to the health, safety and welfare of workers in building operations, construction and docks. Noting that during the reporting period (September 2006–August 2008) only one stop order was issued for a construction site in which one worker died and three were injured, the Committee requests the Government to describe the follow-up measures that were taken in that instance. With regard to the scope of competence of labour inspectors, the Committee notes the Government’s indication that, as a result of the adoption of the new OSH Act, the power of OSH inspectors to issue prohibition notices (stop orders) where the safety and health of workers may be adversely affected will be extended to all branches of the economy. It hopes that this legislation will be adopted in the near future and requests the Government to send a copy of the text once it has been adopted.

Article 18. Violations of labour law and penalties imposed. The Committee notes that the Government is currently seeking to amend the Factories Act to increase the current level of fines and penalties, which is inadequate according to the report. Noting the Government’s indication that the legislative process is very advanced, the Committee hopes that the Government will soon be in a position to confirm the adoption of this amendment and that it will send a copy to the ILO.

Articles 20 and 21. Annual report on the work of the labour inspection services. The Committee notes that the annual inspection report on the activities of labour inspectors in the Pay and Conditions of Employment Branch (PCEB) and in the OSH Department of the Ministry of Labour and Social Security was not received by the ILO. Recalling that the annual report should contain all the data required by Article 21 of the Convention, including statistics of violations and penalties imposed, it requests the Government to send the report as soon as possible.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 3, paragraphs 1 and 2, and 14. Preventive activities in the field of occupational safety and health and notification of cases of occupational disease. In response to the Committee’s previous comments, the Government indicates that, despite the legal obligation of employers under section 21(1) and (2) to notify the Occupational Safety and Health (OSH) inspectorate of industrial accidents and cases of occupational disease, the number of cases of occupational diseases reported remains very small. According to the Government, this under-reporting may be due to the difficulty of establishing a causal relationship between the disease and the worker’s occupation and the lack of qualified specialists in occupational medicine.

The Committee notes with interest that the Government has taken measures to overcome this situation and facilitate the notification of occupational diseases through: (a) the inclusion of a reminder to notify accidents and diseases in letters sent to employers outlining the measures necessary to remedy deficiencies observed during OSH inspections; (b) the proposed amendment to the Workmen’s Compensation Act with a view to addressing the issue of the notification of occupational diseases; and (c) the proposed amendment to the Factories Act to increase the amount of fines in case of failure to notify accidents and diseases. The Committee further notes with interest that awareness-raising activities on ergonomics, noise and the use of chemicals in the workplace are carried out by the OSH department through television programmes.

The Committee wishes to draw the Government’s attention to the ILO code of practice on the recording and notification of occupational accidents and diseases which offers guidance on the collection, recording and notification of reliable data and the effective use of such data for preventive action. The Committee requests the Government to supply information on the proposed amendment to the Workmen’s Compensation Act and to indicate the measures envisaged to improve the system for the notification of occupational diseases. It further requests the Government to keep the Office informed of any other amendments to the legislation adopted for this purpose and of their impact on the notification of occupational diseases. The Government is requested to supply copies of the amended laws.

The Committee is also addressing a request directly to the Government on certain other points.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report and the replies to its previous comments.

1. Article 14 of the Convention. Notification of cases of occupational disease. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that cases of occupational disease are notified to the labour inspectorate in due time. It notes with interest that the inspection services are promoting active cooperation among the agencies engaged in similar activities. It hopes that the relevant information and technical advice will be provided to employers and workers, as well as medical personnel in general, to raise awareness of the issue and it requests the Government to keep the Office informed of any development in this respect and to provide a copy of any relevant legal provision, administrative instruction, circular or form, as well as the statistics obtained as soon as they are available.

2. Article 13. Powers of injunction of labour inspectors. The Committee notes the Government’s commitment to make every effort to adopt as quickly as possible the draft legislation providing labour inspectors with the powers of injunction envisaged by the Convention in situations of danger to the health or safety of workers. It trusts that information reporting the harmonization of the legislation with the Convention on this central aspect of the preventive role of inspection will be provided with the next report.

3. Articles 20 and 21. Annual inspection report; statistics of violations and penalties imposed (Article 21(d) and (e)). With reference to its previous comments concerning the absence of the above information in the annual Statistical Bulletin published by the Ministry of Labour and Social Security, the Committee notes that, according to the Government, this shortcoming is explained by the fact that the Department always attempts to use persuasion first to achieve compliance by enterprises, and that when this fails cases are referred to the courts. It nevertheless notes the provision by the Government of relevant annual statistics for the period 2000-06 on occupational safety and health. However, such statistics cannot be usefully exploited for the purposes of prevention or the reorientation of inspection activities based on the most common violations and those giving rise to the most serious occupational hazards. Moreover, the Committee reminds the Government that the statistics of violations and the penalties imposed required by Article 21 of the Convention are not confined to the field of safety and health, but must cover all the fields of legislation within the competence of the labour inspectorate. It is therefore necessary for measures to be taken to promote effective cooperation between the inspection services and other government services or public institutions responsible for investigating and penalizing infringements with a view to establishing a procedure for the communication of the relevant information. The central inspection authority would thereby be able to include them in the annual report on its activities, evaluate the effectiveness of the inspection activities in relation to their objectives and take measures to improve them. The Committee reminds the Government of the value of referring to Part IV of the Labour Inspection Recommendation, 1947 (No. 81), on the manner in which the required statistics can be presented in the annual report. The Government is requested to take the necessary measures for the development of an appropriate system for the collection of statistics for the purposes of the Convention and to keep the Office informed of any progress in this respect. It would also be grateful if it would ensure that the annual report on the activities of the labour inspection services is communicated to the ILO within the required time limits.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided by the Government in reply to its previous comments, as well as the Statistical Bulletin of the Ministry of Labour and Social Security for 2003. It draws the Government’s attention to the following points.

1. Functions of the labour inspectorate. With reference to its previous comments, the Committee notes with interest the statistical data on inspection activities relating to conditions of work other than occupational safety and health (Article 3, paragraph 1(a), of the Convention).

2. Notification of employment accidents and occupational diseases. With reference to its previous comments, the Committee notes the Government’s indication that the increase in the number of employment accidents recorded between 1999 and 2000 was due to the arrangements made in 1999 for the National Insurance Scheme to send monthly reports to the labour inspection services of the accidents received by them for compensation. The Committee recalls the value of measures to promote cooperation between the inspection services and other services engaged in similar activities; it requests the Government to indicate whether similar arrangements are also envisaged for cases of occupational disease and to provide information on the measures adopted or envisaged to reduce the most frequent risk factors (Article 5(a) and Article 14). The Committee also notes that, by virtue of section 21(2)(d) of the Factories Act, the manager of the factory or the person having control of the machinery shall, from time to time, report to the Chief Factory Inspector any industrial disease which may occur in the factory. The Committee requests the Government to take the necessary measures to ensure that cases of occupational disease are notified to the labour inspectorate on a regular basis and that any lapse of time between the occurrence of the occupational disease or its diagnosis and the time when the labour inspectorate is notified is such as to allow the inspection services to play their preventive role by undertaking an investigation in the enterprise, where they consider it appropriate (Article 14).

3. Powers of injunction of labour inspectors. The Committee notes the Government’s reference to the adoption in the near future of a new Occupational Safety and Health Act, which should provide labour inspectors with powers of injunction, as envisaged in this Article, in all the workplaces covered by the Convention. The Committee recalls that the Government had already given assurances in 1997 that this Bill would be adopted in the near future. The Committee hopes that the Bill will be adopted without further ado and requests the Government to provide a copy as soon as it has been adopted (Article 13, paragraph 2).

4. Annual labour inspection report (Articles 20 and 21). The Committee notes that the Statistical Bulletin of the Ministry of Labour and Social Security provided by the Government does not contain all the statistical data required by Article 21, as it does not include statistics of violations and penalties imposed (clause (e)) or of occupational diseases (clause (g)). It therefore requests the Government to take the necessary measures to ensure that annual inspection reports contain the information required on all the subjects set out in clauses (a) to (g) of Article 21 of the Convention and that they are transmitted to the ILO within the time limits set out in Article 20.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s report for the period ending September 2001, the replies to its previous comments and the attached legislative texts.

Article 13, paragraph 2, of the Convention. With reference to its previous comments, the Committee notes that labour inspectors, by virtue of section 26(1) of the Factories Act, are empowered to order the discontinuation of work in cases in which they consider that the safety and health conditions of workers are not ensured. However, the Committee notes, firstly, that this text only applies to workplaces used for building operations or in ports and, secondly, that the notice for the discontinuation of work may be appealed within 14 days of its receipt. The Committee recalls in this respect that, by virtue of Article 13, paragraph 2(b), of the Convention, measures with immediate executory force are to be taken in the event of imminent danger to the health or safety of the workers. It therefore requests the Government to indicate, firstly, whether the powers of injunction referred to above are recognized for labour inspectors in all workplaces covered by the Convention and to supply copies of any relevant text in this respect and, secondly, whether labour inspectors may, as envisaged by the Convention, make or have made orders by the competent authority requiring preventive measures with immediate executory force notwithstanding any appeal in the event of imminent danger to the health or safety of the workers. If this is not the case, the Committee would be grateful if the Government would rapidly take the necessary measures to give full effect to the relevant provisions of the Convention and if it would provide information on the progress achieved in this respect with its next report.

Article 14. Noting that the annual report of the Industrial Safety Division contains statistics of employment accidents and the consequent investigations, the Committee requests the Government to describe the procedure for the notification of employment accidents and to indicate whether, as envisaged by this provision of the Convention, labour inspectors are notified of cases of occupational diseases and, if not, to take measures for this purpose and keep the ILO informed.

Articles 7, 10, 16 and 21. The Committee notes that the personnel of the labour inspectorate includes 16 inspectors, two specialists each for the construction, chemistry, mechanical engineering and electricity sectors and general inspectors for 1,842 registered workplaces in 2000 employing 54,218 workers, principally in the water supply and sanitary health services branches. It notes that the report on the activities of the labour inspectorate communicated to the ILO only covers occupational safety and health conditions, for which the number of inspections fell from 2,507 in 1999 to 1,865 in 2000 but, according to the information provided in the preface to the annual report, the number of special investigations increased by 15 per cent over the same period. The Committee would be grateful if the Government would provide additional information on:

(1)  the fields of competence of the labour inspectorate in addition to occupational safety and health and, where appropriate, information on the inspection activities in the above fields (working hours, wages, child labour and labour by young persons);

(2)  the content of the special investigations referred to above, the performance of which appears to explain the reduction in the total number of inspections by 25 per cent between 1999 and 2000;

(3)  the reasons for the substantial increase in the number of employment accidents between 1999 and 2000 and the measures taken or envisaged to reduce the most common risk factors; and

(4)  the content and frequency of training courses for labour inspectors abroad and the numbers of inspectors concerned.

Labour inspection and child labour. With reference to its general observation of 1999 on this subject and noting the organization of a subregional workshop from 7 to 11 October 2002 to train labour inspectors in the Caribbean with a view to strengthening labour inspection systems in relation to international labour standards in strategies to combat child labour, the Committee would be grateful if the Government would provide information on the measures taken or envisaged as a result of this workshop with a view to resolving a problem of which the scale remains a matter of concern.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report for the period ending September 2001, the replies to its previous comments and the attached legislative texts.

Article 13, paragraph 2 of the Convention. With reference to its previous comments, the Committee notes that labour inspectors, by virtue of section 26(1) of the Factories Act, are empowered to order the discontinuation of work in cases in which they consider that the safety and health conditions of workers are not ensured. However, the Committee notes, firstly, that this text only applies to workplaces used for building operations or in ports and, secondly, that the notice for the discontinuation of work may be appealed within 14 days of its receipt. The Committee recalls in this respect that, by virtue of Article 13, paragraph 2(b), of the Convention, measures with immediate executory force are to be taken in the event of imminent danger to the health or safety of the workers. It therefore requests the Government to indicate, firstly, whether the powers of injunction referred to above are recognized for labour inspectors in all workplaces covered by the Convention and to supply copies of any relevant text in this respect and, secondly, whether labour inspectors may, as envisaged by the Convention, make or have made orders by the competent authority requiring preventive measures with immediate executory force notwithstanding any appeal in the event of imminent danger to the health or safety of the workers. If this is not the case, the Committee would be grateful if the Government would rapidly take the necessary measures to give full effect to the relevant provisions of the Convention and if it would provide information on the progress achieved in this respect with its next report.

Article 14. Noting that the annual report of the Industrial Safety Division contains statistics of employment accidents and the consequent investigations, the Committee requests the Government to describe the procedure for the notification of employment accidents and to indicate whether, as envisaged by this provision of the Convention, labour inspectors are notified of cases of occupational diseases and, if not, to take measures for this purpose and keep the ILO informed.

Articles 7, 10, 16 and 21. The Committee notes that the personnel of the labour inspectorate includes 16 inspectors, two specialists each for the construction, chemistry, mechanical engineering and electricity sectors and general inspectors for 1,842 registered workplaces in 2000 employing 54,218 workers, principally in the water supply and sanitary health services branches. It notes that the report on the activities of the labour inspectorate communicated to the ILO only covers occupational safety and health conditions, for which the number of inspections fell from 2,507 in 1999 to 1,865 in 2000 but, according to the information provided in the preface to the annual report, the number of special investigations increased by 15 per cent over the same period. The Committee would be grateful if the Government would provide additional information on:

(1)  the fields of competence of the labour inspectorate in addition to occupational safety and health and, where appropriate, information on the inspection activities in the above fields (working hours, wages, child labour and labour by young persons);

(2)  the content of the special investigations referred to above, the performance of which appears to explain the reduction in the total number of inspections by 25 per cent between 1999 and 2000;

(3)  the reasons for the substantial increase in the number of employment accidents between 1999 and 2000 and the measures taken or envisaged to reduce the most common risk factors; and

(4)  the content and frequency of training courses for labour inspectors abroad and the numbers of inspectors concerned.

Labour inspection and child labour. With reference to its general observation of 1999 on this subject and noting the organization of a subregional workshop from 7 to 11 October 2002 to train labour inspectors in the Caribbean with a view to strengthening labour inspection systems in relation to international labour standards in strategies to combat child labour, the Committee would be grateful if the Government would provide information on the measures taken or envisaged as a result of this workshop with a view to resolving a problem of which the scale remains a matter of concern.

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

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.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Referring also to its observation under the Convention, the Committee requests the Government to provide information on the following points.

1. Articles 10 and 16, 20 and 21 of the Convention. The Committee notes with interest the information in the 1997 Statistical Bulletin of the Ministry of Labour, Social Security and Sport that the "Factories Survey 1996/1997" aimed at determining the number and type of fabrics was completed in 1997; and that, coupled with the training of five new Industrial Safety Inspectors this resulted in a significant increase in the number of inspections carried out (118.4 per cent from 1996 to 1997 with a comparatively higher percentage increase in unregistered factories inspections) and a certain decrease in reported accidents. The Committee hopes that the Government will report on any further progress made. It also hopes that future annual reports will contain all the information requested under Article 21 (including statistics on violations and penalties imposed as previously requested).

2. Article 14. Notification of cases of occupational disease. In its previous comments the Committee noted with interest that section 43(2) and (3) of the initial draft Occupational Safety and Health Act would meet the requirement of this Article of the Convention that the labour inspectorate be notified of cases of occupational disease. The Committee asks the Government to provide indications as to any progress made in the adoption of this draft Act and on any other measures undertaken or envisaged in order to ensure that the labour inspectorate is notified of cases of occupational disease.

3. Article 18. Penalties. The Committee notes the indication in the Government's report that the penalties and fines in the current legislation are minimal and outdated, but that the new Occupational Health and Safety Act would address this problem. The Committee asks the Government to indicate what progress has been made in order to ensure that adequate penalties for violation of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties are provided for by national laws or regulations and effectively enforced.

4. The Committee also asks the Government to transmit to the ILO the text of the latest version of the Factories Law as well as copies of all other laws and regulations which apply the provisions of the Convention where this has not already been done.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report for the period ending 31 May 1998.

Article 13, paragraphs 2(b) and 3, of the Convention. Remedial powers. In its previous comments, the Committee noted that there were no provisions in the national legislation empowering factory inspectors to require measures with immediate executory force in the event of imminent danger to the health and safety of workers and expressed the hope that the Government would be in a position to adopt in the near future a law including such provisions. The Committee notes the indication of the report that Industrial Safety Inspectors are not empowered to take the steps stated in paragraph 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 further notes the indication in the report that the Occupational Health and Safety Act which is being drafted will provide labour inspectors with the powers prescribed in Article 13. The Committee asks the Government to provide information, including the relevant texts of the specific provisions of the national legislation empowering inspectors to issue stop orders in the construction industry and to apply to the courts for a court order in other cases. It hopes that the Government will also report on progress made in the adoption of the Act on Occupational Health and Safety.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 20 and 21. Further to its observation, the Committee notes the 1990 Statistical Bulletin of the Ministry of labour sent by the Government. Although the Bulletin provides a broad range of labour statistics, there seems to be very little account taken of the requirements of these Articles of the Convention, which was ratified by Jamaica in 1962. Accordingly, while information on the staff of the labour inspection services, statistics on inspections visits and the laws involved have been provided, there is no indication of the statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)); statistics of violations and penalties imposed (21(e)); statistics of industrial accidents (21(f)) or statistics of occupational diseases (21(g)). The Committee hopes that the next statistical bulletin will provide all the information required by the Convention and will be sent to the ILO within the time-limits stated in Article 20.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Articles 20 and 21 of the Convention. Further to its observation, the Committee notes that the 1993 Statistical Bulletin of the Ministry of Labour (Labour Division) provides a wider coverage of inspection activities than the 1990 bulletin, and that despite the substantial increase of reported accidents, safety inspections and investigations of such accidents have also increased significantly. The Committee further notes that while statistics are provided in the 1993 bulletin regarding workplaces liable to inspection and the number of workers employed therein (Article 21(c)), and regarding industrial accidents (Article 21(f)), it continues not to provide statistics of violations and penalties imposed (Article 21(e)), and statistics of occupational disease (Article 21(g)). The Committee hopes that the adoption of a law, containing provisions such as sections 43 (2) and (3) and 61 (2)-18 of the initial draft Occupational Safety and Health Act that is in the process of preparation with the ILO assistance, will enable the Government to meet its obligation to include in the annual labour inspection report statistics on occupational disease. It hopes the Government will take all the necessary measures to include statistics of violations and penalties in future annual inspection reports which should be sent to the ILO within the time-limits stated in Article 20.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation, which read as follows:

Further to its previous observations, the Committee notes the discussion in the Conference Committee in 1993, which itself noted the Government's request for technical assistance from the Office in respect to labour inspection. It regrets to note further, however, that neither the Government's report on the Convention nor any annual inspection reports (Articles 20 and 21 of the Convention) have been received. The Committee hopes the Government will indicate what measures have been taken as regards these matters (referred to again in a direct request) and those raised again below. Article 13, paragraphs 2(b) and 3. For many years the Committee has been commenting that there are no provisions in national legislation empowering factory inspectors to require measures with immediate executory force in the event of imminent danger to the health and safety of workers. In the Conference Committee discussion in 1990, the Government representative stated that legislative amendments were being pursued through the tripartite Labour Advisory Committee. The Committee now notes the Government's indication that since its last report no change has occurred in the situation. The Committee once again expresses its hope that the necessary measures will soon be taken. Article 14. In its last observation, the Committee noted that the question of a requirement of notification of occupational diseases was being pursued by the competent authority. The Committee now notes that there has been no change in this respect. It again expresses the hope that progress will be made.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

Further to its previous observations, the Committee notes the Government's report and the 1993 Statistical Bulletin of the Ministry of Labour which has a wider coverage of inspection activities than similar previous reports. It also notes with interest the information that technical assistance from the Office was obtained and a consultant was engaged to draft an Occupational Safety and Health Act.

Article 13, paragraphs 2(b) and 3 of the Convention. The Committee recalls its previous comments that there are no provisions in national legislation empowering factory inspectors to require measures with immediate executory force in the event of imminent danger to the health and safety of workers. It notes with interest that section 48 (1), (2) and (6) of the initial draft Occupational Safety and Health Act that was examined by the Office would meet the requirements of this Article of the Convention in as far as the Act applies to all appropriate workplaces. It hopes the Government will be in a position to adopt a law that includes such provisions in the near future.

Article 14. Further to its previous comments, the Committee notes with interest that section 43 (2) and (3) of the same initial draft Occupational Safety and Health Act would meet the requirement of this Article of the Convention that the labour inspectorate be notified of cases of occupational disease.

The Committee hopes the Government will soon be able to adopt a law including such provisions as would meet the requirements of these Articles of the Convention.

The Committee is also addressing a direct request to the Government concerning other matters.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Further to its observation the Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 20 and 21. Further to its observation, the Committee notes the 1990 Statistical Bulletin of the Ministry of Labour sent by the Government. Although the Bulletin provides a broad range of labour statistics, there seems to be very little account taken of the requirements of these Articles of the Convention, which was ratified by Jamaica in 1962. Accordingly, while information on the staff of the labour inspection services, statistics on inspections visits and the laws involved have been provided, there is no indication of the statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)); statistics of violations and penalties imposed (21(e)); statistics of industrial accidents (21(f)) or statistics of occupational diseases (21(g)). The Committee hopes that the next statistical bulletin will provide all the information required by the Convention and will be sent to the ILO within the time-limits stated in Article 20.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Further to its previous observations, the Committee notes the discussion in the Conference Committee in 1993, which itself noted the Government's request for technical assistance from the Office in respect to labour inspection. It regrets to note further, however, that neither the Government's report on the Convention nor any annual inspection reports (Articles 20 and 21 of the Convention) have been received. The Committee hopes the Government will indicate what measures have been taken as regards these matters (referred to again in a direct request) and those raised again below.

Article 13, paragraphs 2(b) and 3. For many years the Committee has been commenting that there are no provisions in national legislation empowering factory inspectors to require measures with immediate executory force in the event of imminent danger to the health and safety of workers. In the Conference Committee discussion in 1990, the Government representative stated that legislative amendments were being pursued through the tripartite Labour Advisory Committee. The Committee now notes the Government's indication that since its last report no change has occurred in the situation. The Committee once again expresses its hope that the necessary measures will soon be taken.

Article 14. In its last observation, the Committee noted that the question of a requirement of notification of occupational diseases was being pursued by the competent authority. The Committee now notes that there has been no change in this respect. It again expresses the hope that progress will be made.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Articles 20 and 21. Further to its observation, the Committee notes the 1990 Statistical Bulletin of the Ministry of Labour sent by the Government. Although the Bulletin provides a broad range of labour statistics, there seems to be very little account taken of the requirements of these Articles of the Convention, which was ratified by Jamaica in 1962. Accordingly, while information on the staff of the labour inspection services, statistics on inspections visits and the laws involved have been provided, there is no indication of the statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)); statistics of violations and penalties imposed (21(e)); statistics of industrial accidents (21(f)) or statistics of occupational diseases (21(g)). The Committee hopes that the next statistical bulletin will provide all the information required by the Convention and will be sent to the ILO within the time-limits stated in Article 20.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It notes also that despite repeated invitations the Government failed to take part in a discussion of the Convention's application in the Conference Committee in 1992. The Committee would therefore repeat its previous observation which read as follows:

The Committee notes the discussion which took place in the Conference Committee in 1990. In particular, the Committee notes that the Government's representative said that the next report on the application of the Convention would show marked improvement in regard to the application of Articles 20 and 21 of the Convention, concerning annual inspection reports. The Committee is making a direct request to the Government concerning application of those Articles. Article 13, paragraphs 2(b) and 3. For many years the Committee has been commenting that there are no provisions in national legislation empowering factory inspectors to require measures with immediate executory force in the event of imminent danger to the health and safety of workers. In the Conference Committee discussion in 1990, the Government representative stated that legislative amendments were being pursued through the tripartite Labour Advisory Committee. The Committee now notes the Government's indication that since its last report no change has occurred in the situation. The Committee once again expresses its hope that the necessary measures will soon be taken. Article 14. In its last observation, the Committee noted that the question of a requirement of notification of occupational diseases was being pursued by the competent authority. The Committee now notes that there has been no change in this respect. It again expresses the hope that progress will be made.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its observation, the Committee notes the copy of the Staff Orders for the Public Service provided by the Government with its report (Article 6 of the Convention); and that there has been no change in application of the Convention since the Committee's previous comments in 1990.

Articles 20 and 21. The Committee notes the 1990 Statistical Bulletin of the Ministry of Labour sent by the Government. Although the Bulletin provides a broad range of labour statistics, there seems to be very little account taken of the requirements of these Articles of the Convention, which was ratified by Jamaica in 1962. Accordingly, while information on the staff of the labour inspection services, statistics on inspections visits and the laws involved have been provided, there is no indication of the statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)); statistics of violations and penalties imposed (21(e)); statistics of industrial accidents (21(f)) or statistics of occupational diseases (21(g)). The Committee hopes that the next statistical bulletin will provide all the information required by the Convention and will be sent to the ILO within the time-limits stated in Article 20.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the discussion which took place in the Conference Committee in 1990. In particular, the Committee notes that the Government's representative said that the next report on the application of the Convention would show marked improvement in regard to the application of Articles 20 and 21 of the Convention, concerning annual inspection reports. The Committee is making a direct request to the Government concerning application of those Articles.

Article 13, paragraphs 2(b) and 3. For many years the Committee has been commenting that there are no provisions in national legislation empowering factory inspectors to require measures with immediate executory force in the event of imminent danger to the health and safety of workers. In the Conference Committee discussion in 1990, the Government representative stated that legislative amendments were being pursued through the tripartite Labour Advisory Committee. The Committee now notes the Government's indication that since its last report no change has occurred in the situation. The Committee once again expresses its hope that the necessary measures will soon be taken.

Article 14. In its last observation, the Committee noted that the question of a requirement of notification of occupational diseases was being pursued by the competent authority. The Committee now notes that there has been no change in this respect. It again expresses the hope that progress will be made.

[The Government is asked to supply full particulars to the Conference at its 79th Session and to report in detail for the period ending 30 June 1992.]

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the information supplied by the Government in reply to its previous direct request concerning the application of Articles 10 and 16 of the Convention.

Article 6. The Committee hopes that the Government will be able to enclose a copy of the Staff Orders for the Public Services with its next report.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 13, paragraphs 2(b) and 3, of the Convention. In answer to the comments that the Committee has been making for many years, the Government states yet again that the Factories Act will be reviewed in an effort to determine what provisions should be included in order to empower factory inspectors to require measures with immediate executory force in the event of imminent danger to the health and safety of workers. The Committee can only urge the Government to ensure that measures are taken without delay to give effect to these provisions of the Convention.

Article 14. With reference to its earlier comments, the Committee notes that section 65 of the Mining Act and regulation 11 of the Mining (Safety and Health) Regulations, provide for notification of occupational accidents in mines. It also notes that the question of the promulgation of legislation requiring notification of occupational diseases is being taken up with the competent authority; it requests the Government to provide information on any progress made in this regard with its next report.

Articles 20 and 21. The Committee notes with regret that since 1973 no report on the work of the inspection services has been received by the International Labour Office. Recalling the importance that it attaches to annual inspection reports, the Committee asks the Government to take the necessary measures to ensure that, in future, these reports, containing detailed information on all the subjects listed at Article 21, are published and transmitted to the International Labour Office within the period laid down in Article 20. [The Government is asked to provide full particulars to the Conference at its 77th Session.]