Demande directe (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention (n° 81) sur l'inspection du travail, 1947 - Bahamas (Ratification: 1976)

Legislative reforms. The Committee notes the Government’s indication that the National Tripartite Council and the Department of Labour are still in the process of reviewing the Employment Act and other relevant legislation and that it will provide information on the review process, once it becomes available. The Committee requests the Government to continue to provide information on the progress made in the context of its legislative review process, and on the impact on such reforms on the labour inspection system.

Articles 3, 10, 11 and 16 of the Convention. Primary functions of labour inspectors. Human resources and material means of the labour inspectorate. In reply to the Committee’s previous request, the Government indicates that the current number of inspectors and trainee inspectors within the labour inspectorate adequately meets the demands of the labour market. The Government indicates that the structure of the inspectorate, which includes the Rapid Response Inspection (RRI) Unit and the Occupational Safety and Health Act (OSHA) Unit, provides flexibility in deploying additional personnel as needed for investigations, ensuring the efficient use of available resources. The Committee notes that, according to the Department of Labour’s Report for 2022–2023, the RRI Unit currently has 6 inspectors, while the OSHA Unit has 12 inspectors, 8 of whom joined in 2022. Additionally, the Committee observes that the majority of inspection activities of the OSHA Unit are reactive, addressing complaints, with only a limited number of proactive inspections being conducted. The Committee further notes that, both the OSHA Unit and the RRI Unit are engaged in conciliation functions.

With regard to the material resources at the disposal of inspectors, the Government indicates that while the Ministry of Finance approved the purchase of five new vehicles towards the end of 2023, the Department of Labour is still awaiting updates on the procurement process. The Government indicates that while the shortage of vehicles presents a challenge, this does not impede the labour inspection process. The Committee also notes that, according to the Department of Labour’s Report for 2022–2023, the RRI Unit is in need of the following equipment in order to ensure its effective functioning: two vehicles, five desktop computers, two tablets, three laptops, cell phones and uniforms.

The Committee requests the Government to continue to provide information on the number of labour inspectors at the disposal of both Units and their geographical distribution. Recalling that the primary function of labour inspector is to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, the Committee requests the Government to provide information on the measures adopted in order to ensure that the additional functions assigned to labour inspectors, such as conciliation, do not interfere with their primary functions. Lastly, the Committee requests the Government to continue to provide information on the measures adopted in order to ensure that the labour inspectorate is provided with adequate material resources.

Article 15(b) and (c). Professional secrecy. Confidentiality of complaints. In reply to the Committee’s previous comment, the Government indicates that the Department of Labour is considering creating policies at the departmental level, while awaiting the amendments to the Employment Act. Additionally, the Department is proactively ensuring that labour inspectors are regularly reminded of the critical importance of discretion and confidentiality in the performance of their duties. The Committee requests the Government to continue to provide information on the measures adopted in order to ensure compliance with Article 15 (b) and (c), including in the context of the revision of the Employment Act.

Articles 20 and 21. Publication and communication to the ILO of annual reports on the work of the inspection services. The Committee notes with interest the Department of Labour’s Report for 2022–2023, communicated with the Government’s report. The Committee notes that the report contains information on the number of labour inspectors in the RRI Unit and in the OSHA Unit, as well as the number of inspections conducted by both Units. The Committee also notes that the Department of Statistics regularly publishes data on the number of workers employed in the country. The Committee requests the Government to continue to pursue its efforts to ensure that all the information required by Article 21 is published and sent to the ILO on an annual basis in accordance with Article 20. The Committee reminds the Government that it can avail itself of the technical assistance of the Office in this respect.