Comments adopted by the CEACR: Guernsey

Adopted by the CEACR in 2021

C114 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(2) of the Convention. Scope of application. Exemptions. The Committee, in its previous comment, requested the Government to indicate whether the exemption from the provisions of the Employment Conditions Law was granted to seagoing British ships having a gross registered tonnage of 80 tons or more after consultations by the competent authority with the fishing-boat owners’ and fishers’ organizations. The Committee notes the Government’s indication, in its report, that a consultative document in respect of the draft provisions of the Employment Conditions Law, foreseeing this exemption, was circulated by the Labour and Welfare Committee as a basis for discussion with representatives of local employers and employees and other interested bodies. The Committee notes the Government’s statement that, as a result, it is highly likely that boat owners’ and fishers’ associations would have had the document circulated to them and been invited to comment. The Committee takes note of this information. The Committee further notes the Government’s indication that there is only one fishing vessel over 80 gross tons registered in Guernsey. The Committee requests the Government to provide information on any developments regarding its fishing fleet.

Articles 3, 6 and 9. Articles of agreement. The Committee requested the Government to indicate the measures taken or envisaged to give effect to these articles of the Convention. The Committee notes the Government’s indication that the States of Guernsey’s Government Work Plan establishes the political priority areas for legislative and policy development between 2021–25 and that there is scope within that Plan for legislative or policy development in order to meet international obligations, and the further enactment of measures relating to this Convention can be considered alongside other international obligation-related priority areas. While noting this information, the Committee requests once again the Government to take concrete measures to give effect to the aforementioned requirements of the Convention, taking into account its previous comments (Articles 3, 6 and 9).

Adopted by the CEACR in 2020

C019 - 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.

C042 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 2 of the Convention. Schedule of occupational diseases. In its previous comments, the Committee requested the Government to amend the national list of occupational diseases set out in the Third Schedule of the Social Insurance (Industrial Injuries Benefits) (Guernsey) Regulations, 1978, to cover all the occupational diseases listed in the Schedule to the Convention, with a view to ensuring conformity with Article 2. The Committee further requested the Government to provide information on whether the word “poisoning” in items C1, C5, C7, and C8 of the national schedule of occupational diseases also covers the sequelae caused by the relevant toxic substances. The Committee notes the reply provided by the Government it is report, acknowledging the requirements of the Convention and indicating that the list of occupational diseases set out in the Third Schedule to Part III of the Social Insurance Law, 1978, was last updated with effect from 1 January 2003 and adopted directly from the United Kingdom so as to bring Guernsey’s list of prescribed industrial diseases into line with the standard set by the United Kingdom. The Committee further notes the confirmation by the Government that the word “poisoning” includes the sequelae caused by the relevant toxic substances. The Committee once again requests the Government to take the necessary measures to give full effect to Article 2 of the Convention by making provision for the coverage of all occupational diseases set out in the Schedule appended to it, and more specifically by: (i) establishing the occupational nature of all pathological manifestations due to radium and other radioactive substances and to X-rays; (ii) covering all diseases caused by any halogen derivatives of hydrocarbons of the aliphatic series; and (iii) covering all types of epitheliomatous cancer of the skin, when resulting from occupational exposure.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that Member States for which Convention No. 42 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Conventions Nos 121 or 102 (Part VI) as the most up-to-date instruments in this subject area.

C063 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the supplementary information provided by the Government in light of the Governing Body’s decision at its 338th Session (June 2020). The Committee proceeded to examine the application of the Convention on the basis of the supplementary information provided this year, as well as of the information available to it in 2019.

Parts I and II of the Convention. The Committee notes the Government’s indication that there have been no noteworthy developments during the reporting period with respect to the application of the Convention, and that the data required under the Convention continues to be collected and published. The Committee welcomes the information provided by the Government in its report and invites the Government to continue to provide information on any developments regarding the application of the Convention.

In this context, the Committee recalls the recommendations of the Fourth Meeting of the Standards Review Mechanism Tripartite Working Group in September 2018, confirming the status of the Convention as an outdated instrument. It therefore welcomes the indication that the States of Guernsey will consider ratification of the Labour Statistics Convention, 1980 (No. 160), as the most up-to-date instrument on labour statistics, resulting in the automatic denunciation of Convention No. 63. It notes that this is especially opportune in light of the Governing Body’s decision at its 334th Session (October–November 2018) to place an item on the agenda of the International Labour Conference in 2024 for consideration of the abrogation of Convention No. 63, on the recommendation of the Standards Review Mechanism Tripartite Working Group. The Committee once again reminds the Government of the availability of ILO technical assistance in this regard.

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 3(1), 10 and 16 of the Convention. Primary functions of the system of labour inspection. Number of labour inspectors. Frequency and thoroughness of inspections. The Committee takes note of the Business Plan 2020–2022 of the Health and Safety Executive (HSE) of Guernsey, which is available on the website of the HSE. This plan establishes five objectives to be achieved by the HSE, including leading others to improve health and safety at the workplace (objective 1) and securing compliance with the law (objective 3). The Committee notes that within the framework of these two objectives, the HSE plans to: (i) target and conduct inspections of sectors and activities which give rise to the most serious risks or where risks are least well controlled (including undertaking 20 annual inspections visits to four specific types of workplaces and 10 annual inspection visits to a fifth workplace type, as well as focusing inspections on specific key health risks) (objective 1(b)); and, (ii) investigate work-related complaints, accidents, incidents and ill-health, all within identified short time frames, enforce the law to prevent harm and secure justice where appropriate as well as enforce licence and permit conditions and hold licence and permit holders to account (objective 3(a) and (b)). The Committee also notes that, according to the HSE Business Plan 2020–2022, the HSE is composed of three health and safety inspectors and has one vacant position. The Committee requests the Government to provide information on the implementation of the HSE Business Plan 2020–2022, particularly in relation to progress towards objectives 1 and 3, as well as on their impact on the work of the HSE. It also requests the Government to provide up to date information on the number of health and safety inspectors employed and the number, type, and timing of inspection visits carried out, including those performed under the HSE Business Plan 2020–2022.

Articles 20 and 21. Annual report on the work of the inspection services. The Committee requests the Government to indicate whether annual reports on the work of the inspection services are published in accordance with Article 20(2) of the Convention, and, if so, whether they address the subjects specified in Article 21 of the Convention.

C115 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 3(1), 6, 7 and 8 of the Convention. Appropriate steps taken to ensure effective protection of workers, in light of knowledge available at the time. Maximum permissible doses of ionising radiation. With regard to its previous comments on the review of the Approved Code of Practice relating to the Protection of Persons against Ionising Radiations of 1995 (ACoP), the Committee notes that the Government indicates in its report that it plans to mirror the United Kingdom Ionising Radiation Regulations 2017, which implements the Council Directive 2013/59/Euratom of 2013, laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation. The Committee also notes that, according to the information available on the Government’s website, while there are no immediate plans to update Guernsey's Safety of Employees (Ionising Radiations) Ordinance 1967, the Health and Safety Executive of Guernsey (HSE) benchmarks the health and safety arrangements against, inter alia, relevant United Kingdom legislation and approved codes of practice. For work with ionising radiations, it treats the United Kingdom Approved Code of Practice on the Ionising Radiation Regulations 2017 as the appropriate standard to be achieved for Guernsey and Alderney medical, dental and veterinary providers and other ionising radiation users. The Committee requests the Government to provide information on any progress made in the review of its system of protection of workers against ionising radiations in the light of current knowledge, including the ACoP. In this regard, the Committee requests the Government to provide, in particular, up to date information concerning the establishment of a prohibition on the engagement of workers under the age of 16 in work involving ionising radiation (Article 7(2) of the Convention) and the fixing of dose levels of ionising radiation for workers not directly engaged in radiation work, but who remain or pass where they may be exposed to ionising radiations or radioactive substances (Article 8 of the Convention).