Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Guyana

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1966)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (Ratification: 1971)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Articles 3(1)(a) and (b), 5(a), 13, 17 and 18 of Convention No. 81 and Articles 6(1)(a) and (b), 12(1), 18, 22, 23 and 24 of Convention No.129. Enforcement and advisory functions of labour inspection. 1. Enforcement mechanisms and cooperation with the justice system. In reply to the Committee’s previous comment, the Government indicates that when employers are found to be in breach of any legal requirement, they are given a citation to remedy the infringement within a specific timeframe (from five to 14 days). A follow-up inspection takes place to ensure that the employer has complied with the citation. If the infringement is not remedied, legislation provides for prosecution. The Government indicates that the Ministry of Labour filed a total of 763 charges in 2021, with 70 per cent of the charges concerning two security companies and the remaining 30 per cent against twenty other employers. The Ministry has closed 47 cases in 2021 and the remaining matters are still before the courts.

In reply to the Committee’s previous comment on the extent of effective cooperation between the labour inspection services and the judicial authorities,the Government indicates that the officers of the Ministry of Labour usually receive full cooperation from the judicial clerks and staff with regard to the prosecution process, especially with the filing and serving of claims and summons. Moreover, the Government indicates that the Ministry of Labour is planning to collaborate with the Office of the Director of Public Prosecution to implement prosecutorial training for labour and OSH officers. The Committee requests the Government to continue to provide detailed information on the enforcement activities of the labour inspectorate, and again requests that this information include not only the detection of infringements, but also the issuance of non-compliance notices, the initiation or recommendation of prosecutions and their outcome (number of convictions in relation to the infringements reported, amount of penalties imposed, etc.), including in the agricultural sector. The Committee also requests the Government to provide information on the cooperation with the Director of Public Prosecution on the implementation of training for labour inspectors.

2. Activities of the labour inspectorate in the area of occupational safety and health (OSH). The Government indicates that the Occupational Safety and Health Department, within the Ministry of Labour, aims to improve working conditions and environment in Guyana with an emphasis on preventive measures. The Government indicates that while breaches of the OSH Act have been found in some instances, the focus is on getting workplaces to voluntarily comply with the requirements of the OSH Act. The Government indicates that there have been occasions where work activities have been suspended due to the failure of some employers to provide adequate personal protective equipment for the employees. The Government notes that in these cases, occurring mainly in the construction sector, work was resumed following the necessary compliance. Concerning training, the Government indicates that the OSH Department provided a two-day training for joint workplace safety and health committee representatives. In 2021, 18 training programmes were conducted for members of 18 Joint Workplace Safety and Health Committees in both the public and private sectors, and approximately 200 persons were trained. Moreover, according to the Government, the Ministry of Labour held training seminars with the labour and occupational safety and health (OSH) officers in all regions to enhance their understanding of labour and OSH legislation, as well as the process and practices regarding inspections. The Committee requests the Government to provide details on the enforcement activities of the labour inspectors in the field of OSH, such as the number of compliance and suspension orders issued, including in the agricultural sector. It also requests the Government to continue to provide information on the OSH training delivered to labour inspectors, including the subject matter of the sessions and the numbers of persons attending.

Article 3(2) of Convention No. 81 and Article 6(2) of Convention No. 129. Additional duties entrusted to labour inspectors. The Committee previously noted that “labour inspectors” referred to in the Government’s report seemed to be the same as the “labour officers” referred to in the annual report of the Labour and Occupational Safety and Health Department (LOSHD). It appeared that labour inspectors (or labour officers) were entrusted with a variety of functions within the mandate of the LOSHD, in addition to the functions within the meaning of the Convention. These functions include the conciliation of labour disputes and the settlement of complaints. The Government indicates that the terms labour inspectors and labour officers are used interchangeably in Guyana. It adds that the primary functions of the labour officers are to conduct inspections at industrial establishments to ensure compliance with labour laws, and to resolve complaints and disputes between employers and workers. Labour officers are expected to conduct inspections three days per week. The Committee notes that the agricultural sector accounted for 2.9 per cent of complaints received by the Ministry of Labour from employees. The Committee requests the Government to continue to provide information on the time and resources that labour inspectors spend on conciliation and settlement of complaints compared to activities aiming at securing the enforcement of legal provisions relating to conditions of work and the protection of workers. It also requests the Government to provide the number of mediation cases and the number of complaints received and settled by labour inspectors.

Articles 11 and 16 of Convention No. 81 and Articles 15 and 21 of Convention No. 129. Material resources of the labour inspectorate and frequency of inspection visits. Material and logistical resources, including transport facilities, and safety of labour inspectors. The Government indicates that the Ministry of Labour conducted 960 inspections in 2021 to secure the enforcement of labour laws relating to conditions of work and the protection of workers, including provisions on working hours, wages, weekly rest, holidays, OSH, and employment of young persons. It adds that in 2021 inspection data was not disaggregated by sector and indicates that such break down will be implemented as of 2022. The Government states that there are no dedicated officers for inspections in the agricultural sector. The Committee also notes the Government’s indication that labour and OSH officers are employed in all regions of Guyana, except Region 8, to ensure that workplaces are inspected as often as possible, including in remote areas. There is, however, a transportation challenge in the hinterland regions, with a need for all-terrain vehicles, boats and engines. With respect to the measures taken to ensure the safety of inspection staff, the Government indicates that the Ministry of Labour collaborates with the Geology and Mines Commission, the Guyana Forestry Commission, the Ministry of Natural Resources, the Guyana Police Force and other authorities to conduct inspections whenever it anticipates an unsafe climate. The Government adds, however, that the need for collaboration to protect inspection staff has not arisen during the reporting period. The Committee requests the Government to continue to provide information on the measures taken to ensure that all workplaces are inspected as often and as thoroughly as necessary, including in remote areas and in the agricultural sector and that labour inspectors are equipped with transport facilities for this purpose.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification to the labour inspectorate of industrial accidents and cases of occupational diseases. The Government indicates that an employer is required to report cases of fatalities without delay and accidents that require workers to be away from work for at least one day must be reported within four days. In the case of occupational diseases, every medical practitioner who attends to a patient who is believed to be suffering from an occupational disease is required to notify the OSH Authority. An employer is also required to notify the OSH Authority in writing if he has reason to believe that an employee is suffering from an occupational disease. The Committee notes the Government’s indication that there is compliance to a large extent, mostly by large and medium-sized enterprises, with respect to reporting cases of accidents. For 2021, the Government notes that there were a total of 164 non-fatal occupational accidents in the agricultural sector (fisheries, sugar and farming) reported to the Ministry of Labour. The Government adds, however, that notifications are rarely received for occupational diseases. The Government indicates that the Ministry of Labour is planning to work with the Ministry of Health and the National Insurance Scheme to address reporting deficiencies. The Committee notes that the Ministry of Labour, with the assistance of the ILO, trained a number of OSH officers in March 2022 on recording and notification of occupational accidents and diseases. In April 2022, the Ministry of Labour obtained equipment to develop and implement a recording and notification system of occupational accidents and diseases. The Committee requests the Government to continue to provide information on the measures taken to ensure that labour inspectors are notified of both industrial accidents and cases of occupational disease so that they are in a position to identify the occupational risks inherent in the various activities carried out in the workplaces liable to inspection and can take appropriate preventive measures. In light of the large number of occupational accidents in the agricultural sector in 2021, the Committee requests that the Government explain any steps taken or contemplated to focus greater attention on safety and health risks in the agricultural sector. The Committee also requests the Government to indicate the outcome of the actions taken in cooperation with the Ministry of Health in order to address the reporting deficiencies of occupational diseases and to provide information on the implementation of the notification system for occupational accidents and diseases. It further requests the Government to provide information on the number of occupational accidents and diseases notified to labour inspectors, disaggregated by sector to the extent possible.