Labour Inspection Convention, 1947 (No. 81) - Jersey

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 3 of the Convention. In its previous comment, the Committee noted the introduction of a duty placed on employers to carry out risk assessments on the safety and health of their employees, through amendments to the Health and Safety at Work (Jersey) Law, 1989. It also noted the publication of revised guidelines which reflect the change in law intended to help employers fulfil their duties in this regard. The Committee notes that the Government indicates, in reply to its previous request on the manner in which the duty of employers to carry out risk assessments is supervised by the labour inspectorate, that this duty is monitored through labour inspections (including proactive inspections and inspections carried out in response to a complaint). The Committee requests that the Government provide further details concerning the supervision by labour inspectors of the risk assessments carried out by employers, including the number of inspections undertaken by labour inspectors (divided by proactive inspections and those carried out in response to a complaint) and their results (that is, the level of compliance by employers with the duty). The Committee also requests that the Government indicate whether the results of self-inspections are fed into the inspection programming process.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3 of the Convention. The Committee notes the amendment to Article 3 of the Health and Safety at Work (Jersey) Law, 1989, clarifying the duty placed on employers to carry out risk assessments of the safety and health of their employees. It also notes the publication on the inspectorate section of the States of Jersey website, of revised guidelines which reflect the change in law, and is intended to help employers to fulfil their duties in this regard. The Committee asks the Government to provide information on how the duty of employers to carry out risk assessments is supervised by the labour inspectorate. Please also provide information on the impact of these changes on compliance with safety and health legislation in individual workplaces, as well as on the number of industrial accidents and cases of occupational disease.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the Government’s report. It notes with interest the Government’s information on the recent changes in the law providing students undertaking work experience with the same status as employees for the purposes of occupational health and safety. Further to its previous comments, and noting the Government’s undertaking to review the matter of the staff resources of the inspectorate, the Committee would be grateful to receive information on any developments in this regard.

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

Article 3, paragraph 1, and Articles 10 and 16 of the Convention. Determination of the number of inspectors, taking into account the extent of the need for effective labour inspection. The Committee notes, from the activity report for 2004, that the resources of the inspection services are regularly under pressure and that the conditions of work of inspectors are extremely difficult. As the staff numbers have not changed for 25 years, they no longer appear to be able to respond to the workload resulting from the increased demand from the social partners, including requests for advice relating to occupational safety and health, on the one hand, and the development of the legislation, on the other. The Committee hopes that the Government will be able to take measures to include provision in future labour inspection budgets for the recruitment of an appropriate number of labour inspectors in view of the increased volume and complexity of the duties required to respond to the objectives of the Convention. It requests the Government to provide information in its next report on any progress achieved in this respect or, as the case may be, on any difficulties encountered.

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

The committee notes with interest the information provided in reply to its previous comments and the annual activity report of the Health and Safety Inspectorate for 2004, which was communicated in accordance with Article 20 of the Convention. It also notes with interest that the coverage of the services of the Health and Safety Inspectorate includes all workplaces, including the establishments and services covered by the 1995 Protocol.

1. Article 3 of the Convention. Functions of the system of labour inspection, provision of technical information and advice to employers and workers. The Committee notes with interest the significant volume of information and advisory services provided by the Health and Safety Inspectorate, including replies to telephone queries (3,000 in the year 2005). It also notes that, with a view to remedying the increase in the number of occupational diseases related to asbestos, a new code of practice was introduced on 1 January 2005 to provide employers with information on measures to give effect to the provisions of the Health and Safety at Work (Jersey) Law, 1989.

2. Article 5(b). Effective collaboration between the inspectorate and employers and workers. The Committee notes with interest that the close collaboration with the Jersey Council for Safety and Health at Work, the Jersey Occupational Health and Safety Association, as well as with the Major Contractors’ Group of the Jersey Building and Allied Trades Employers’ Federation, has resulted in a decrease in the number of employment accidents, particularly through actions such as the scheme to increase awareness among persons who work on and visit construction sites.

3. Article 14. Notification to the labour inspectorate of industrial accidents and cases of occupational disease. The Committee notes with satisfaction the information on the web site of the Health and Safety Executive that a new computer system has been developed in the Employment and Social Security Department to process claims for compensation, with the result that the compilation of statistics on industrial accidents and occupational diseases is now computerized. In addition, this system allows the labour inspectorate to conduct more in-depth surveys of their causes. The annual inspection review indicates that the information provided through this system has already been used by the inspectorate to review the manner in which employers should approach the management of occupational health.

4. Article 20. Publication of an annual inspection report and other relevant information. The Committee finally notes with satisfaction the publication and dissemination on the Internet of the annual report on the activities of the Health and Safety Inspectorate, as well as a large volume of information on the working methods of the Inspectorate and guidance for the use of workers and employers. The dissemination of this information offers greater transparency with regard to the operation of the Inspectorate, and therefore an opportunity for the social partners, as well as any other public or private institution concerned, to express their views for its improvement.

The Committee is addressing a request directly to the Government on one issue.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee refers the Government to its observation, and notes with interest the detailed information on the inspection activities concerning occupational health and safety for 2002, and the labour inspectorate’s conclusions and views on the improvement of its services. It requests the Government to provide a copy of the Health and Safety at Work Law of 1989, as amended, and of any other texts relating to the subjects covered by the Convention and to indicate the status of the process of enactment of the draft Employment Law.

It also asks the Government to provide information on the structural changes announced for the inspection services and on the measures taken or envisaged to strike a balance between the proactive and reactive measures taken by inspectors in view of the resources available and inspection priorities.

Noting that, from a labour inspection point of view, the issue of occupational diseases is not adequately taken into account despite the exposure of certain workers to occupational health risks such as asbestosis, loss of hearing, dermatoses or asthma, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that full effect is given, both in law and in practice, to Article 14 of the Convention which provides that the inspectors shall be notified not only of industrial accidents but also of cases of occupational disease, and that relevant statistics are published in an annual report of the inspection activities as stipulated by point (g) of Article 21.

The Committee notes with interest the information in the annual inspection report for 2002 on the infringements of the legislation which gave rise to serious employment accidents and court decisions. Noting, however, that this information concerns only civil compensation awarded to victims and not any penal sanctions imposed on the employers (Article 18), the Committee would be grateful if the Government would provide additional information on this matter.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s report; the information communicated in response to its previous comments and the report on the activities of the Labour Inspectorate in 2002 with the annexed texts.

The Committee notes with satisfaction the information provided on the activities carried out by the Labour Inspectorate in collaboration with other authorities and bodies in the field of safety and health: the Health Promotion Unit on hearing protection and passive smoking and the safety subcommittee of the Jersey Building and Allied and Trades Employers Federation. The Committee also notes that a code of practice on the safe use of rider-operated lift trucks has been adopted and that the code on ionizing radiations has been revised. Publications on noise in construction and risks relating to the use of cement were issued. It further notes that the inspection service has participated in the development of the strategy of the Council of Safety and Health. Several publications as well as information on the activities of the Labour Inspectorate are accessible through the Internet.

The Committee addresses a certain number of points in a direct request.

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

The Committee notes the Government’s reply to its previous comments. Noting that no annual inspection report has been received by the ILO since the report for 1997, the Committee requests the Government to ensure that such a report is communicated regularly and that it contains the information required by points (a) to (g) of Article 21 of the Convention.

Noting the indication that there is no data on labour inspection activities in relation to hours of work, wages and work by young persons, the Committee would be grateful if the Government would indicate the authority responsible for supervising the legal provisions respecting conditions of work other than occupational safety and health in the industrial and commercial workplaces covered by the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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 and the annual inspection report on safety and health at work. It draws the Government’s attention to the following matters.

        Articles 3, paragraph 1(a), and 20 of the Convention. The Committee notes that the annual reports submitted relate only to inspection activities with regard to safety and health at work. It would be grateful if the Government would supply information concerning labour inspection structures and activities in the fields mentioned in this provision, in addition to those of safety and health at work, such as duration of work, salaries and the employment of children and young persons.

        Articles 10(a)(i) and (ii) and 21(c) and (d). The Committee notes that neither the Government’s reports nor the annual report submitted supply statistics on the number of workplaces liable to inspection and the workers employed there. Stressing the essential nature of such information in order to appreciate the effectiveness of inspection activities, the Committee requests the Government to take the necessary steps to include it in the next annual reports.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report and the annual inspection report on safety and health at work. It draws the Government's attention to the following matters.

Articles 3, paragraph 1(a), and 20 of the Convention. The Committee notes that the annual reports submitted relate only to inspection activities with regard to safety and health at work. It would be grateful if the Government would supply information concerning labour inspection structures and activities in the fields mentioned in this provision, in addition to those of safety and health at work, such as duration of work, salaries and the employment of children and young persons.

Articles 10(a)(i) and (ii) and 21(c) and (d). The Committee notes that neither the Government's reports nor the annual report submitted supply statistics on the number of workplaces liable to inspection and the workers employed there. Stressing the essential nature of such information in order to appreciate the effectiveness of inspection activities, the Committee requests the Government to take the necessary steps to include it in the next annual reports.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided by the Government in its report. To enable it to obtain a better understanding of how the Convention is applied, the Committee would be grateful if the Government would, in accordance with Article 20 of the Convention, provide copies of the relevant part of the Annual Report of the Social Security Department.

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

The Committee notes the Government's report on the application of the Convention and notes with interest the adoption of the Health and Safety at Work (Jersey) Law 1989. To enable it to obtain a better understanding of how the Convention is applied, the Committee would be grateful if the Government would in accordance with Article 20(3) of the Convention provide copies of the relevant part of the Annual Report of the Social Security Department.