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Repetition Legislation. Technical assistance. The Committee notes with interest that the Government has requested ILO technical assistance in the form of legislative comments on the 2015 draft Employment Bill and the 2015 Occupational Safety and Health Bill and that the Office transmitted these comments, including with regard to labour inspection, to the Government in March 2016 and September 2016, respectively. The Committee requests that the Government provide a copy of the Employment Bill and the Occupational Safety and Health Bill once they have been adopted. Articles 3(1)(a) and (b), and 5(a) of the Convention. Preventive and enforcement action by labour officers in the field of occupational safety and health, including in cooperation with other entities. In its previous comments, the Committee noted a high frequency of occupational accidents in certain sectors, and emphasized the importance of the educational role of labour inspectors in preventing such accidents. In this regard, the Committee also noted the Government’s reference to increased cooperation with the Legal and Health Departments aimed at strengthening the enforcement of the relevant legal provisions. The Committee requests that the Government provide information on the preventive and enforcement action undertaken by the labour inspectors. In this regard, it requests the Government to provide information on the advice and technical information provided to both employers and workers (during inspection visits, workshops, media campaigns, exhibitions, etc.), and on the enforcement of occupational safety and health requirements (including the number of inspection visits undertaken, violations detected and penalties imposed, etc.). Article 7(3). Training of labour inspectors. The Committee notes the information provided by the Government in reply to its previous request concerning the training provided to labour inspectors in the course of their duties. It further notes that the Government indicates that it has requested ILO technical assistance for the training of labour officers on occupational safety and health matters from the ILO Caribbean Office. The Committee hopes that the Office will provide the technical assistance requested and requests that the Government continue to provide information on the training provided to labour inspectors in the course of their duties. Article 14. Notification of industrial accidents and cases of occupational disease. In reply to its previous comments, the Committee notes that the Government has provided a copy of the Accidents and Occupational Diseases (Notification) Act (revised in 2011) which sets out the procedure for the notification of industrial accidents and cases of occupational disease to the Labour Commissioner. The Committee also notes the Government’s indication that relevant statistics are drawn from the statistical report of the national insurance scheme. The Committee takes note of this information.
Repetition Articles 20 and 21 of the Convention. Establishment, publication and communication to the ILO of annual inspection reports. In its previous comments, the Committee noted that despite its reiterated comments on this subject, no annual labour inspection reports had been communicated to the ILO since 1995. It notes that the Government underlines the importance of establishing, publishing and transmitting annual labour inspection reports, but that it indicates that the annual reports as currently prepared do not contain all of the subjects as required under Article 21. The Committee urges the Government to indicate the measures adopted or envisaged to ensure that annual inspection reports are published and transmitted to the ILO in accordance with the requirements of Articles 20 and 21. The Committee reminds the Government, once again, that it may avail itself of technical assistance for this purpose. The Committee requests the Government in any event to provide statistical information that is as detailed as possible on the activities of the labour inspection services (industrial and commercial workplaces liable to inspection, number of inspections, infringements detected and the legal provisions to which they relate, penalties applied, number of industrial accidents and cases of occupational disease, etc.) to enable the Committee to make an informed assessment on the application of the Convention in practice.
Repetition Article 2 of the Convention. The Committee notes that, contrary to the Government’s indications, the section of the Labour Code to which it refers is not attached to the report. It therefore requests the Government to provide a copy of this section with its next report.Articles 3(1)(b), 5(a) and 14. Cooperation with a view to preventive action by labour officers in the field of occupational safety and health and notification of industrial accidents and cases of occupational disease. In the comments that it has been making since 2006 on the basis of a survey showing a high frequency of occupational accidents in certain sectors, the Committee has emphasized the importance of the educational role that labour officers should be encouraged to play to prevent such accidents and it has requested the Government to take the necessary measures to establish a systematic and obligatory mechanism for the notification of industrial accidents and cases of occupational disease in the cases and conditions as may be prescribed by the legislation. Noting the Government’s indication that cooperation with the Legal and Health Departments would be strengthened to ensure the enforcement of legal provisions and the supply of technical information concerning occupational accidents and diseases, the Committee has been requesting the Government since 2008 to supply information on the measures taken for that purpose, particularly with regard to the notification of such accidents and cases of disease to the inspection services, and to provide information concerning the incorporation of the Workers’ Health Plan into the National Strategic Plan for Health (2006–10) mentioned in the Committee’s previous comments, and to describe any measures taken in this respect. The Committee notes the Government’s indication that the national insurance scheme is responsible for gathering statistics of occupational claims and industrial accidents, in accordance with the legislation respecting employment injury. The Committee draws the Government’s attention, as it emphasized in paragraphs 118–187 of its 2006 General Survey on labour inspection, to the importance of the preventive mandate of the labour inspectorate and the requirement to notify it of industrial accidents and cases of occupational disease. The Committee urges the Government to ensure that measures are taken rapidly to ensure the application in law and practice of these provisions of the Convention, particularly by determining the cases and the manner in which the labour inspectorate is to be notified of industrial accidents and cases of occupational disease. The Committee would be grateful if the Government would keep the Office informed of any progress achieved in this regard, and if it would provide a copy of any relevant text or document.Article 7(3). Training of labour inspectors. In its previous comments, the Committee noted the Government’s intention to seek ILO technical assistance for the training of labour officers on inspection matters and requested it to provide information on any developments in this respect. The Government confines itself in its report to indicating that on-the-job training is provided and that support has been provided by the ILO Office in Trinidad and Tobago and the United States Department of Labor. The Committee requests the Government to provide detailed information on the training to which it refers in the report, with an indication of the number of labour officials engaged in labour inspection functions who have benefited, the manner in which the training is organized and its impact. The Committee would be grateful if the Government would provide information on any additional measures implemented during the period covered by the Government’s next report with a view to providing labour officials with suitable training for the discharge of their inspection duties.Article 19. Periodical reports. The Government indicates that reports of inspections and visits are made on a form designed by the Ministry of Labour. It adds that the form is attached to the report. The Committee notes that the form has not been attached. It once again requests the Government to provide the Office with copies of the periodical reports submitted to the central inspection authority by labour officers in accordance with the provisions of this Article of the Convention.Articles 20 and 21. Publication of annual inspection reports. The Committee notes that contrary to the indications of the Government, the annual inspection report has not been attached to the Government’s report. The Committee notes that, despite its reiterated comments on this subject, no annual inspection report has been communicated to the ILO since 1995. The Committee emphasizes, as it did in its general observation in 2010, the fundamental importance that it attaches to the publication and communication to the ILO, of an annual labour inspection report, which offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and the determination of the budgetary and other needs necessary to improve their effectiveness. It also recalls that, under the terms of Article 20 of the Convention, such reports have to be published within a reasonable time after the end of the year to which they relate, and in any case within 12 months, and that they have to be transmitted to the ILO within a reasonable period after their publication, and in any case within three months. Furthermore, in accordance with Article 21, the annual report has to contain, at the very least, up-to-date information on the following subjects: the scope of the legal and material competence of the labour inspection services (legal provisions defining their organization and powers); the human resources and institutional, logistical and material means; its field of personal competence (enterprises, establishments and other workplaces liable to inspection, as well as the workers occupied therein); its means of operation (inspections, notifications of violations or non-compliance, technical advice and information, observations, warnings, the initiation or recommendation of prosecutions, the imposition of penalties); and, finally, occupational risks (through data on industrial accidents and cases of occupational disease. The Committee recalls in this respect that extremely valuable guidance on the presentation and analysis of this information is provided in the Labour Inspection Recommendation, 1947 (No. 81). The Committee requests the Government to indicate the measures adopted or envisaged to ensure that an annual inspection report is published within the time limits set out in Article 20 of the Convention and that it contains detailed and up-to-date information on the subjects set out in Article 21. Reminding the Government of the possibility of having recourse to ILO technical assistance for this purpose, if need be, the Committee hopes that the Government will take the necessary measures to give effect to these two provisions of the Convention and that it will be in a position to provide information in its next report on the progress achieved in this respect.
Repetition The Committee notes the Government’s indication, in its brief report received in September 2008, that it has decided to redesign the inspection form to meet the requirements established by the national legislation and the Convention. It observes that the Government’s report does not contain any information or data that would enable it to assess the level of application of the Convention in practice and that such information has not been communicated to the ILO for many years. The Committee therefore requests the Government to supply any available information and statistical data on the functioning of the labour inspection system and to send a copy of the redesigned inspection form. In the meantime, the Committee wishes, once again, to draw the Government’s attention to the following points that it raised in its previous comments.Articles 3(1)(b); 5(a); and 14 of the Convention. Cooperation with a view to preventive action by labour officers in the field of occupational safety and health and notification of industrial accidents and cases of occupational disease. In its previous comments made on the basis of a survey showing a high frequency of occupational accidents in certain sectors, the Committee emphasized the importance of the educational role that labour officers should be encouraged to play to prevent such accidents. It also requested the Government to take the necessary measures to establish a systematic and obligatory mechanism for the recording and notification of industrial accidents and cases of occupational disease in the cases and conditions as may be prescribed by the legislation. Noting the Government’s indication that cooperation with the Legal and Health Departments will be strengthened to ensure the enforcement of legal provisions and the supply of technical information concerning occupational accidents and diseases, the Committee requests it to supply information, that is as detailed as possible, on the measures taken for that purpose, particularly with regard to the notification of such accidents and cases of disease to the inspection services. It further requests the Government to indicate the measures taken to reinforce the preventive role of labour officers and the impact of their action on the incidence of occupational accidents. The Government is also requested to supply information regarding the incorporation of the Workers’ Health Plan into the National Strategic Plan for Health (2006–10) mentioned in the Committee’s previous comments and to describe any measures taken in this respect.Article 7(3). Training of labour inspectors. The Committee notes the Government’s intention to seek ILO technical assistance for the training of labour officers on inspection matters. The Committee encourages it to submit a request to the ILO Subregional Office for the Caribbean so that labour officers can receive adequate training for the performance of their inspection duties in the near future. The Committee would be grateful if the Government would indicate in its next report any developments in this regard.Articles 19, 20 and 21. Submission of periodical reports by labour officers and publication of an annual report by the central inspection authority. With reference to its previous comments emphasizing the importance of such reports, the Committee notes that neither the regular inspection reports prepared by labour officers nor the annual report published by the head of the Labour Department have been transmitted to the ILO. The Committee is therefore bound to reiterate its request to the Government to send copies of such reports as soon as possible.
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 indication, in its brief report received in September 2008, that it has decided to redesign the inspection form to meet the requirements established by the national legislation and the Convention. It observes that the Government’s report does not contain any information or data that would enable it to assess the level of application of the Convention in practice and that such information has not been communicated to the ILO for many years. The Committee therefore requests the Government to supply any available information and statistical data on the functioning of the labour inspection system and to send a copy of the redesigned inspection form. In the meantime, the Committee wishes, once again, to draw the Government’s attention to the following points that it raised in its previous comments.
Articles 3, paragraph 1(b); 5(a); and 14 of the Convention. Cooperation with a view to preventive action by labour officers in the field of occupational safety and health and notification of industrial accidents and cases of occupational disease. In its previous comments made on the basis of a survey showing a high frequency of occupational accidents in certain sectors, the Committee emphasized the importance of the educational role that labour officers should be encouraged to play to prevent such accidents. It also requested the Government to take the necessary measures to establish a systematic and obligatory mechanism for the recording and notification of industrial accidents and cases of occupational disease in the cases and conditions as may be prescribed by the legislation. Noting the Government’s indication that cooperation with the Legal and Health Departments will be strengthened to ensure the enforcement of legal provisions and the supply of technical information concerning occupational accidents and diseases, the Committee requests it to supply information, that is as detailed as possible, on the measures taken for that purpose, particularly with regard to the notification of such accidents and cases of disease to the inspection services. It further requests the Government to indicate the measures taken to reinforce the preventive role of labour officers and the impact of their action on the incidence of occupational accidents. The Government is also requested to supply information regarding the incorporation of the Workers’ Health Plan into the National Strategic Plan for Health (2006–10) mentioned in the Committee’s previous comments and to describe any measures taken in this respect.
Article 7, paragraph 3. Training of labour inspectors. The Committee notes the Government’s intention to seek ILO technical assistance for the training of labour officers on inspection matters. The Committee encourages it to submit a request to the ILO Subregional Office for the Caribbean so that labour officers can receive adequate training for the performance of their inspection duties in the near future. The Committee would be grateful if the Government would indicate in its next report any developments in this regard.
Articles 19, 20 and 21. Submission of periodical reports by labour officers and publication of an annual report by the central inspection authority. With reference to its previous comments emphasizing the importance of such reports, the Committee notes that neither the regular inspection reports prepared by labour officers nor the annual report published by the head of the Labour Department have been transmitted to the ILO. The Committee is therefore bound to reiterate its request to the Government to send copies of such reports as soon as possible.
The Committee notes the brief information contained in the Government’s report received in 2006, which covers the period ending 1 September 2005. While noting that the report contains no information on inspection visits and responds only succinctly to its previous comments, the Committee reminds the Government, once again, of its obligation to provide regular information on changes and developments relating to the application of the Convention. The Committee would like to draw the Government’s particular attention to the following points.
1. Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes that, pursuant to section 10, paragraph 1(f) of the 1999 Employment Act, an agent from the Labour Inspectorate may examine any register of industrial accidents and occupational diseases held by an employer, and request from that employer information on the causes and circumstances of any occupational accident or disease which occurred during work carried out in his establishment. The Committee reminds the Government that, in accordance with Article 14 of the Convention, the labour inspectorate shall be notified of industrial accidents and cases of occupational disease in such cases and in such manner as may be prescribed by national laws or regulations. Referring, in this respect, to its 2006 General Survey on labour inspection (paragraph 118 onwards), the Committee would be grateful if the Government would take measures to establish a formal and obligatory mechanism to provide notification of industrial accidents in cases and conditions to be determined by the legislature. The Committee asks the Government to keep the ILO informed and to provide a copy of any relevant texts or documents.
2. Articles 3 and 13 of the Convention. Occupational health and safety. From the information released by the Government onto the Internet, the Committee notes with interest that an analysis of the sanitary situation was carried out in 2005 in collaboration with the Nuffield Centre for International Health and Development, and that a strategic health plan was established for the 2006-10 period. Given that the analysis showed a high frequency of occupational accidents in certain sectors, particularly in the construction industry due to the incorrect use of machinery and the lack of protection equipment, the Committee insists on drawing the Government’s attention to the importance of the educational role that labour inspectors should be encouraged to play when carrying out inspection visits. The purpose of this aspect of labour inspection is to develop a preventive culture both in respect of employers and workers, in particular in the branches of activity in which workers are exposed to a high risk of accidents. The implementation and follow-up of orders, which have a time limit in certain cases and immediate executory force in the event of imminent danger to the health and safety of the workers, and the application of dissuasive sanctions, should also ensure that employers show greater compliance with the law and the relevant technical requirements. The Committee hopes that the national health plan, and the workers’ health plan that the Government says should be incorporated into it, will provide the Labour Inspectorate with the necessary means to carry out all its preventive duties effectively, and that information indicating an improvement in the supervision of safety and health conditions in the establishments covered and in their impact on the frequency of occupational accidents, will soon be communicated to the Committee.
3. Article 20, paragraph 3, and Article 21. Publication of an annual report. The Committee notes that, pursuant to section 14 of the Employment Act, agents from the Department of Labour shall submit regular reports on the results of their inspection activities, at least once a year. Pursuant to section 15 of the same text, the head of the Labour Department shall publish an annual general report on the activities of the inspection services, the content of which corresponds to the list of subjects set forth under Article 21 of the Convention. Given that the ILO has not received an annual report since 1995, the Committee draws the Government’s attention to Chapter IX of its 2006 General Survey on labour inspection, which refers to the usefulness of publishing and submitting to the ILO an annual inspection report, and would be grateful if the Government would communicate copies of regular inspection reports and, as soon as is possible, a copy of the annual report published in accordance with the national legislation.
The Committee notes with regret that the Government’s report has not been received and that no new information on the application of the Convention has been received since 2000. 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 brief report covering the period ending 1 September 1998, which was received on 2 May 2000. Noting that the report contains very limited information on inspection visits and provides no reply to the previous requests of the Committee, the Committee reminds the Government of the need to supply regular information on changes and progress achieved in the spheres covered by this Convention, as well as specific information on the point raised in the Committee’s previous comments which read as follows:
Article 14 of the Convention. The Committee notes from the 1993 annual report of the Department of Labour that reporting of employment injuries was not well adhered to by both employers and the affected employees. Please provide information on any measure taken or envisaged in order to give full effect to this provision.
Articles 20 and 21. Further to its previous comments, the Committee again notes that the 1993 annual report of the Department of Labour does not contain all the information required by the Convention, in particular the laws and regulations relevant to the work of the inspection service (Article 21(a)), statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)), statistics of violations and penalties imposed (Article 21(e)), and statistics on occupational diseases (Article 21(g)). The Committee hopes that the necessary steps will be taken by the Government to include all the required information in future annual reports and that such reports will be communicated within the time limits set by Article 20.
The Committee once again notes with regret that the Government’s report has not been received. It must therefore reiterate its previous direct request, as concerns the following points:
The Committee notes with regret 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 that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous request, which read as follows:
The Committee notes the Government’s brief report covering the period ending 1 September 1998, which was received on 2 May 2000. Noting that the report contains very limited information on inspection visits and provides no reply to the previous requests of the Committee, the Committee reminds the Government of the need to supply regular information on changes and progress achieved in the spheres covered by this Convention, as well as specific information on the point raised in the Committee’s previous comments which read as follows: Article 14 of the Convention. The Committee notes from the 1993 annual report of the Department of Labour that reporting of employment injuries was not well adhered to by both employers and the affected employees. Please provide information on any measure taken or envisaged in order to give full effect to this provision. Articles 20 and 21. Further to its previous comments, the Committee again notes that the 1993 annual report of the Department of Labour does not contain all the information required by the Convention, in particular the laws and regulations relevant to the work of the inspection service (Article 21(a)), statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)), statistics of violations and penalties imposed (Article 21(e)), and statistics on occupational diseases (Article 21(g)). The Committee hopes that the necessary steps will be taken by the Government to include all the required information in future annual reports and that such reports will be communicated within the time limits set by Article 20.
The Committee notes with regret 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:
Article 14 of the Convention. The Committee notes from the 1993 annual report of the Department of Labour that reporting of employment injuries was not well adhered to by both employers and the affected employees. Please provide information on the measures taken or envisaged to improve the reporting by employers of industrial accidents and cases of occupational disease.
Articles 20 and 21. Further to its previous comments, the Committee again notes that the 1993 annual report of the Department of Labour does not contain all the information required by the Convention, in particular the laws and regulations relevant to the work of the inspection service (Article 21(a)), statistics liable to inspection and the number of workers employed therein (Article 21(c)), statistics of violations and penalties imposed (Article 21(e)), and statistics on occupational diseases (Article 21(g)). The Committee hopes that the necessary steps will be taken by the Government to include all the required information in future annual reports and that such reports will be communicated within the time limits set by Article 20.
The Committee notes with regret that once again 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 that although the Government's report for the period ending September 1995 was not received, a copy of the 1993 annual report of the Department of Labour was received in January 1995.
Articles 20 and 21. Further to its previous comments, the Committee again notes that the 1993 annual report of the Department of Labour does not contain all the information required by the Convention, in particular the laws and regulations relevant to the work of the inspection service (Article 21(a)), statistics liable to inspection and the number of workers employed therein (Article 21(c)), statistics of violations and penalties imposed (Article 21(e)), and statistics on occupational diseases (Article 21(g)). The Committee hopes that the necessary steps will be taken by the Government to include all the required information in future annual reports and that such reports will be communicated within the time-limits set by Article 20.
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 that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
Article 21 of the Convention. The Committee hopes that the next annual report of the inspection services includes all the information required by the Convention, in particular laws and regulations relevant to the work of the inspection service (Article 21(a)), statistics of workplaces liable to inspection and the number of workers employed therein (21(c)), and statistics of violations and penalties imposed (21(f)) and occupational diseases (21(g)), the Committee hopes that the Government will pursue its efforts further.
The Committee notes the information provided in the Government's report.
Article 21 of the Convention. The Committee hopes that the next annual report of the inspection services includes all the information required by the Convention, in particular, laws and regulations relevant to the work of the inspection service (Article 21(a)), statistics of workplaces liable to inspection and the number of workers employed therein (21(c)), and statistics of violations and penalties imposed (21(e)). With regard to statistics of industrial accidents (21(f)) and occupational diseases (21(g)), the Committee hopes that the Government will pursue its efforts further.
Further to its previous comments, 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 deal with the following matters amongst others:
Article 15(c) of the Convention. The Committee notes with interest the provision in paragraph 31 of the Staff Orders that no public officer may without written approval of the Minister make public or communicate to the press or to unauthorised individuals any documents, papers or information which may come into his possession in his official capacity. It hopes that the Government will bear in mind, on any future revision of the Staff Orders, the need to ensure in particular that, as required by the Convention, no intimation as to the source of any complaint is given to the employer.
Articles 20 and 21. The Committee notes the information contained in the Annual Report of the Labour Department for 1989 which, however, does not include statistics of either violations and penalties imposed (Article 21(e)) or industrial accidents (Article 21(f)). The Committee hopes that the Government will ensure that these statistics are included in future reports and that those reports are communicated to the ILO within the time set forth in Article 20 of the Convention.
Article 15(c) of the Convention. With reference to its previous comments, the Committee once again expresses the hope that on the occasion of a future revision of the relevant laws, a provision will be adopted expressly laying down that labour inspectors shall treat as confidential the source of any complaint bringing to their notice a defect or breach of legal provisions, and shall give no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of a complaint. It requests the Government to keep it informed of any progress achieved in this respect. Furthermore, the Committee would be grateful if the Government would supply a copy of the Staff Order to which it refers in its last report.
Article 20. The Committee notes with regret that the Annual Report of the Labour Department (which, according to the Government, is published regularly and contains information on the work of the inspection services) has not reached the ILO. It trusts that the Government will not fail to take the necessary measures to ensure that, in future, reports are communicated to the ILO within the time-limits set forth in Article 20 of the Convention.