Labour Inspection Convention, 1947 (No. 81) - Barbados (RATIFICATION: 1967)

CMNT_TITLE

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 3(2) and 6 of the Convention. Status of labour inspectors. Additional duties entrusted to labour inspectors. Following its previous comments, the Committee notes the Government’s indication that all labour officers and safety and health officers have the mandate to carry out inspection activities and have the status of labour inspectors. According to the Government, it is estimated that the safety and health officers devote at least two-thirds of their time to labour inspection duties, such as routine workplace visits, special inspection in response to specific concerns (for example, indoor air quality or ergonomics) and accident investigations. A third of their time is used in administrative functions, such as producing reports and organizing training and awareness-raising activities. Regarding labour officers, each officer is assigned two field days per week to carry out eight shop inspections. However, the Committee notes that the labour officers hold the responsibility for the conciliation of disputes as provided for by section 43 of the Employment Rights Act and that, according to the Government, they spend two thirds of their time performing this duty because dispute resolution is now the more demanding area of their work. The Committee requests the Government to indicate the measures taken or envisaged to ensure that, in accordance with Article 3(2) of the Convention, additional functions entrusted to labour officers, identified by the Government as demanding, do not interfere with the effective discharge of their primary labour inspection duties and to provide information on any progress thereon.

Article 13. Preventive activities in occupational safety and health (OSH). The Committee notes the Government’s response to its previous request regarding the application in practice of sections 112 and 113 of the Safety and Health at Work Act (SHAW). Accordingly, one improvement notice, which requires alterations to secure compliance with the provisions of SHAW, was issued in 2017, 2018 and 2019 respectively. However, no prohibition notice with immediate effect in case of imminent danger to the health or safety of workers has been issued. The Committee requests the Government to continue to provide information on the improvement notices and prohibition notices issued pursuant to sections 112 and 113 of the Safety and Health at Work Act, as well as any other preventive measures undertaken by inspectors, where applicable, as required by Article 13 of the Convention.

Articles 5(a), 17 and 18. Adequacy of penalties and enforcement. Cooperation between the labour inspectorate and the justice system. The Committee previously noted that the Labour Department primarily used moral persuasion to encourage compliance with labour law, and that therefore no penalties were applied in relation to the violations observed. It notes the Government’s indication that penalties, including fines and imprisonment up to one year, are provided for by relevant laws, such as SHAW, Holidays with Pay Act and Shops Act. During the period of May 2016 to May 2017, no legal proceedings were instituted under the SHAW. Under the Holidays with Pay Act, a total of 19 cases were lodged in courts, while 23 matters were heard and generally settled in favour of the employee. The Committee also notes that the Government report does not contain information regarding the measures taken or envisaged to enhance effective cooperation between labour inspection services and the justice system. The Committee requests the Government to continue to provide information on any measures taken to ensure that penalties are dissuasive and effectively enforced in the area of both OSH and other working conditions. It also requests the Government to continue to provide information on the number of legal proceedings commenced for labour law infringements, including the cases submitted to courts by inspectors, and their outcome. The Committee also once again requests that the Government indicate the arrangements made or envisaged to enhance effective cooperation between labour inspection services and the justice system.

Article 7. Training of labour inspectors. Following its previous comments, the Committee notes the Government’s detailed information on the training activities for safety and health officers during the period of May 2016 to May 2018. The Government also indicates that both safety and health officers and labour officers participate in training activities as approved for the period of a financial year; however, training opportunities for safety and health officers are more easily identified than those pertaining to labour officers. The Committee notes that of the fifteen reported training activities for safety and health officers, eight were attended by only one officer and only four of the fifteen were attended by more than three officers. The Labour Department is seeking to obtain further training opportunities through local and international organizations (such as the ILO), as well as local tertiary training institutions. The Committee requests the Government to continue to provide information on the training provided to labour inspectors (subjects covered, number of participants, duration, etc.). It also requests the Government to continue to provide information on the measures taken to ensure adequate training for both labour officers and safety and health officers, including information on how to improve attendance at these sessions.

Article 11. Material means and transport facilities available to labour inspectors. Following its previous requests, the Committee notes the Government’s indication that adequate office space is provided to labour inspectors. Eleven workstations are assigned to the team of nine labour officers and one senior labour officer and ten workstations are assigned to the team of seven safety and health officers and one senior safety and health officer. Each workstation is equipped with a desktop computer, and three laptops are available for use as needed. All required stationary is readily supplied and there is the possibility to purchase special items on demand. The Government also states that the interest-free loan for the purchase of a vehicle increased from 25,000 Barbadian dollars (BBD) (US$12,500) to BBD 50,000 (US$25,000), while the commuted travelling allowance increased from BBD 1.09 (US$0.54) to BBD 2.19 (US$1.10) per kilometre. The Committee takes note of this information, which addresses its previous request.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee previously noted that, while the system for notification of industrial accidents to the Labour Department functioned relatively well, cases of occupational disease were not reported. The Committee notes the Government’s indication that workshops and seminars organised by the safety and health officers inform employers and employees of the legal requirements and duties related to the reporting of accidents and occupational diseases. The Government reports that the statutory duty of medical practitioners to inform the Labour Department of any suspected cases of occupational disease is also emphasised. According to the Government the existing Accidents and Occupational Diseases (Notification) Act is to be reviewed. This Act requires employers to notify the Labour Department if a worker, during the course of his/her employment, was involved in an accident which causes the worker to have an injury that renders him/her incapable of doing work to which he/she is employed for a period longer than three days. The revision of this Act includes the alignment of the current statutory list of occupational diseases to that developed by the ILO. Moreover, the guidance provided in the ILO code of practice on the recording and notification of occupational accidents and diseases is taken into account in the proposed revisions. The Committee requests the Government to provide information on the revision to the Accidents and Occupational Diseases (Notification) Act, as well as the statutory list of occupational diseases, and to provide a copy of the revised Act once adopted. It also requests the Government to indicate the data concerning industrial accidents and cases of occupational diseases notified to the Labour Department.

Articles 20 and 21. Publication and communication of an annual report on the work of labour inspection services. The Committee notes the Government’s indication that the Labour Department endeavours to provide the report as necessary. However, the Committee notes that no annual reports of the Labour Department have been received by the Office since 2009 despite its requests. The Committee urges the Government to take the necessary measures to ensure that annual labour inspection reports are regularly published and communicated to the ILO (Article 20 of the Convention), and that they contain information on all the subjects covered by Article 21(a)–(g).

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 3(2) and 6 of the Convention. Status of labour inspectors. Additional duties entrusted to labour inspectors. Following its previous comments, the Committee notes the Government’s indication that all labour officers and safety and health officers have the mandate to carry out inspection activities and have the status of labour inspectors. According to the Government, it is estimated that the safety and health officers devote at least two-thirds of their time to labour inspection duties, such as routine workplace visits, special inspection in response to specific concerns (for example, indoor air quality or ergonomics) and accident investigations. A third of their time is used in administrative functions, such as producing reports and organizing training and awareness-raising activities. Regarding labour officers, each officer is assigned two field days per week to carry out eight shop inspections. However, the Committee notes that the labour officers hold the responsibility for the conciliation of disputes as provided for by section 43 of the Employment Rights Act and that, according to the Government, they spend two thirds of their time performing this duty because dispute resolution is now the more demanding area of their work.The Committee requests the Government to indicate the measures taken or envisaged to ensure that, in accordance with Article 3(2) of the Convention, additional functions entrusted to labour officers, identified by the Government as demanding, do not interfere with the effective discharge of their primary labour inspection duties and to provide information on any progress thereon.

Article 13. Preventive activities in occupational safety and health (OSH). The Committee notes the Government’s response to its previous request regarding the application in practice of sections 112 and 113 of the Safety and Health at Work Act (SHAW). Accordingly, one improvement notice, which requires alterations to secure compliance with the provisions of SHAW, was issued in 2017, 2018 and 2019 respectively. However, no prohibition notice with immediate effect in case of imminent danger to the health or safety of workers has been issued.The Committee requests the Government to continue to provide information on the improvement notices and prohibition notices issued pursuant to sections 112 and 113 of the Safety and Health at Work Act, as well as any other preventive measures undertaken by inspectors, where applicable, as required by Article 13 of the Convention.

Articles 5(a), 17 and 18. Adequacy of penalties and enforcement. Cooperation between the labour inspectorate and the justice system. The Committee previously noted that the Labour Department primarily used moral persuasion to encourage compliance with labour law, and that therefore no penalties were applied in relation to the violations observed. It notes the Government’s indication that penalties, including fines and imprisonment up to 1 year, are provided for by relevant laws, such as SHAW, Holidays with Pay Act and Shops Act. During the period of May 2016 to May 2017, no legal proceedings were instituted under the SHAW. Under the Holidays with Pay Act, a total of 19 cases were lodged in courts, while 23 matters were heard and generally settled in favour of the employee. The Committee also notes that the Government report does not contain information regarding the measures taken or envisaged to enhance effective cooperation between labour inspection services and the justice system.The Committee requests the Government to continue to provide information on any measures taken to ensure that penalties are dissuasive and effectively enforced in the area of both OSH and other working conditions. It also requests the Government to continue to provide information on the number of legal proceedings commenced for labour law infringements, including the cases submitted to courts by inspectors, and their outcome. The Committee also once again requests that the Government indicate the arrangements made or envisaged to enhance effective cooperation between labour inspection services and the justice system.

Article 7. Training of labour inspectors. Following its previous comments, the Committee notes the Government’s detailed information on the training activities for safety and health officers during the period of May 2016 to May 2018. The Government also indicates that both safety and health officers and labour officers participate in training activities as approved for the period of a financial year; however, training opportunities for safety and health officers are more easily identified than those pertaining to labour officers. The Committee notes that of the fifteen reported training activities for safety and health officers, eight were attended by only one officer and only four of the fifteen were attended by more than three officers. The Labour Department is seeking to obtain further training opportunities through local and international organizations (such as the ILO), as well as local tertiary training institutions.The Committee requests the Government to continue to provide information on the training provided to labour inspectors (subjects covered, number of participants, duration, etc.). It also requests the Government to continue to provide information on the measures taken to ensure adequate training for both labour officers and safety and health officers, including information on how to improve attendance at these sessions.

Article 11. Material means and transport facilities available to labour inspectors. Following its previous requests, the Committee notes the Government’s indication that adequate office space is provided to labour inspectors. Eleven workstations are assigned to the team of nine labour officers and one senior labour officer and ten workstations are assigned to the team of seven safety and health officers and one senior safety and health officer. Each workstation is equipped with a desktop computer, and three laptops are available for use as needed. All required stationary is readily supplied and there is the possibility to purchase special items on demand. The Government also states that the interest-free loan for the purchase of a vehicle increased from 25,000 Barbadian dollars (BBD) (USD 12,500) to BBD 50,000 (USD 25,000), while the commuted travelling allowance increased from BBD 1.09 (USD 0.54) to BBD 2.19 (USD 1.10) per kilometre. The Committee takes note of this information, which addresses its previous request.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee previously noted that, while the system for notification of industrial accidents to the Labour Department functioned relatively well, cases of occupational disease were not reported. The Committee notes the Government’s indication that workshops and seminars organised by the safety and health officers inform employers and employees of the legal requirements and duties related to the reporting of accidents and occupational diseases. The Government reports that the statutory duty of medical practitioners to inform the Labour Department of any suspected cases of occupational disease is also emphasised. According to the Government the existing Accidents and Occupational Diseases (Notification) Act is to be reviewed. This Act requires employers to notify the Labour Department if a worker, during the course of his/her employment, was involved in an accident which causes the worker to have an injury that renders him/her incapable of doing work to which he/she is employed for a period longer than three days. The revision of this Act includes the alignment of the current statutory list of occupational diseases to that developed by the ILO. Moreover, the guidance provided in the ILO code of practice on the recording and notification of occupational accidents and diseases is taken into account in the proposed revisions.The Committee requests the Government to provide information on the revision to the Accidents and Occupational Diseases (Notification) Act, as well as the statutory list of occupational diseases, and to provide a copy of the revised Act once adopted. It also requests the Government to indicate the data concerning industrial accidents and cases of occupational diseases notified to the Labour Department.

Articles 20 and 21. Publication and communication of an annual report on the work of labour inspection services. The Committee notes the Government’s indication that the Labour Department endeavours to provide the report as necessary. However, the Committee notes that no annual reports of the Labour Department have been received by the Office since 2009 despite its requests.The Committee urges the Government to take the necessary measures to ensure that annual labour inspection reports are regularly published and communicated to the ILO (Article 20 of the Convention), and that they contain information on all the subjects covered by Article 21(a)–(g).

CMNT_TITLE

Articles 3(2) and 6 of the Convention. Status of labour inspectors. Additional duties entrusted to labour inspectors. Following its previous comments, the Committee notes the Government’s indication that all labour officers and safety and health officers have the mandate to carry out inspection activities and have the status of labour inspectors. According to the Government, it is estimated that the safety and health officers devote at least two-thirds of their time to labour inspection duties, such as routine workplace visits, special inspection in response to specific concerns (for example, indoor air quality or ergonomics) and accident investigations. A third of their time is used in administrative functions, such as producing reports and organizing training and awareness-raising activities. Regarding labour officers, each officer is assigned two field days per week to carry out eight shop inspections. However, the Committee notes that the labour officers hold the responsibility for the conciliation of disputes as provided for by section 43 of the Employment Rights Act and that, according to the Government, they spend two thirds of their time performing this duty because dispute resolution is now the more demanding area of their work. The Committee requests the Government to indicate the measures taken or envisaged to ensure that, in accordance with Article 3(2) of the Convention, additional functions entrusted to labour officers, identified by the Government as demanding, do not interfere with the effective discharge of their primary labour inspection duties and to provide information on any progress thereon.

Article 13. Preventive activities in occupational safety and health (OSH). The Committee notes the Government’s response to its previous request regarding the application in practice of sections 112 and 113 of the Safety and Health at Work Act (SHAW). Accordingly, one improvement notice, which requires alterations to secure compliance with the provisions of SHAW, was issued in 2017, 2018 and 2019 respectively. However, no prohibition notice with immediate effect in case of imminent danger to the health or safety of workers has been issued. The Committee requests the Government to continue to provide information on the improvement notices and prohibition notices issued pursuant to sections 112 and 113 of the Safety and Health at Work Act, as well as any other preventive measures undertaken by inspectors, where applicable, as required by Article 13 of the Convention.

Articles 5(a), 17 and 18. Adequacy of penalties and enforcement. Cooperation between the labour inspectorate and the justice system. The Committee previously noted that the Labour Department primarily used moral persuasion to encourage compliance with labour law, and that therefore no penalties were applied in relation to the violations observed. It notes the Government’s indication that penalties, including fines and imprisonment up to 1 year, are provided for by relevant laws, such as SHAW, Holidays with Pay Act and Shops Act. During the period of May 2016 to May 2017, no legal proceedings were instituted under the SHAW. Under the Holidays with Pay Act, a total of 19 cases were lodged in courts, while 23 matters were heard and generally settled in favour of the employee. The Committee also notes that the Government report does not contain information regarding the measures taken or envisaged to enhance effective cooperation between labour inspection services and the justice system. The Committee requests the Government to continue to provide information on any measures taken to ensure that penalties are dissuasive and effectively enforced in the area of both OSH and other working conditions. It also requests the Government to continue to provide information on the number of legal proceedings commenced for labour law infringements, including the cases submitted to courts by inspectors, and their outcome. The Committee also once again requests that the Government indicate the arrangements made or envisaged to enhance effective cooperation between labour inspection services and the justice system.

Article 7. Training of labour inspectors. Following its previous comments, the Committee notes the Government’s detailed information on the training activities for safety and health officers during the period of May 2016 to May 2018. The Government also indicates that both safety and health officers and labour officers participate in training activities as approved for the period of a financial year; however, training opportunities for safety and health officers are more easily identified than those pertaining to labour officers. The Committee notes that of the fifteen reported training activities for safety and health officers, eight were attended by only one officer and only four of the fifteen were attended by more than three officers. The Labour Department is seeking to obtain further training opportunities through local and international organizations (such as the ILO), as well as local tertiary training institutions. The Committee requests the Government to continue to provide information on the training provided to labour inspectors (subjects covered, number of participants, duration, etc.). It also requests the Government to continue to provide information on the measures taken to ensure adequate training for both labour officers and safety and health officers, including information on how to improve attendance at these sessions.

Article 11. Material means and transport facilities available to labour inspectors. Following its previous requests, the Committee notes the Government’s indication that adequate office space is provided to labour inspectors. Eleven workstations are assigned to the team of nine labour officers and one senior labour officer and ten workstations are assigned to the team of seven safety and health officers and one senior safety and health officer. Each workstation is equipped with a desktop computer, and three laptops are available for use as needed. All required stationary is readily supplied and there is the possibility to purchase special items on demand. The Government also states that the interest-free loan for the purchase of a vehicle increased from 25,000 Barbadian dollars (BBD) (USD 12,500) to BBD 50,000 (USD 25,000), while the commuted travelling allowance increased from BBD 1.09 (USD 0.54) to BBD 2.19 (USD 1.10) per kilometer. The Committee takes note of this information, which addresses its previous request.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee previously noted that, while the system for notification of industrial accidents to the Labour Department functioned relatively well, cases of occupational disease were not reported. The Committee notes the Government’s indication that workshops and seminars organised by the safety and health officers inform employers and employees of the legal requirements and duties related to the reporting of accidents and occupational diseases. The Government reports that the statutory duty of medical practitioners to inform the Labour Department of any suspected cases of occupational disease is also emphasised. According to the Government the existing Accidents and Occupational Diseases (Notification) Act is to be reviewed. This Act requires employers to notify the Labour Department if a worker, during the course of his/her employment, was involved in an accident which causes the worker to have an injury that renders him/her incapable of doing work to which he/she is employed for a period longer than three days. The revision of this Act includes the alignment of the current statutory list of occupational diseases to that developed by the ILO. Moreover, the guidance provided in the ILO code of practice on the recording and notification of occupational accidents and diseases is taken into account in the proposed revisions. The Committee requests the Government to provide information on the revision to the Accidents and Occupational Diseases (Notification) Act, as well as the statutory list of occupational diseases, and to provide a copy of the revised Act once adopted. It also requests the Government to indicate the data concerning industrial accidents and cases of occupational diseases notified to the Labour Department.

Articles 20 and 21. Publication and communication of an annual report on the work of labour inspection services. The Committee notes the Government’s indication that the Labour Department endeavours to provide the report as necessary. However, the Committee notes that no annual reports of the Labour Department have been received by the Office since 2009 despite its requests. The Committee urges the Government to take the necessary measures to ensure that annual labour inspection reports are regularly published and communicated to the ILO (Article 20 of the Convention), and that they contain information on all the subjects covered by Article 21(a)–(g).

CMNT_TITLE

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 3(1)(b) and 13 of the Convention. Preventive activities in the area of occupational safety and health (OSH). The Committee notes with interest the information provided by the Government in response to its previous request concerning the various preventive activities undertaken in the area of OSH. In this context, the Committee also recalls its previous comments concerning the introduction of powers under the Safety and Health at Work Act (SHAW), allowing OSH inspectors to issue “improvement notices” requiring alterations to secure compliance with the provisions of the SHAW (section 112 of the SHAW) and “prohibition notices” requiring alterations to remedy risks to the safety and health of workers, which take immediate effect if the inspector is of the opinion that there is an imminent danger to the health or safety of workers (section 113 of the SHAW). The Committee notes the Government’s indication that forms and procedures for the issuing of improvement and prohibition notices have been developed, and that inspectors are no longer required to submit a request to the judicial authorities for the issuing of such notices. The Committee also notes the Government’s indication that currently no situations warranting the issuing of such notices have been encountered since employers continue to cooperate with inspectors. The Committee requests that the Government provide statistical information, where applicable, on preventive measures adopted in the event that labour inspectors had reasonable cause to believe that defects in workplaces constituted a threat to the health or safety of workers (Article 13(1)). Where applicable, the Committee also requests the Government to provide information on preventive measures adopted with immediate executory force in the event of imminent danger to the health or safety of workers (Article 13(2)).

Articles 3(2), 10 and 16. Human resources of the labour inspectorate and additional duties entrusted to inspection officers. The Committee previously noted that the Executive Council of the Barbados Workers’ Union (BWU) welcomed the increase in the number of labour inspectors, but indicated that their number was still inadequate in view of the increased responsibilities of labour inspectors under the SHAW. The Committee also observed that the terms “labour/OSH officer” and “labour inspector” are used interchangeably, but that it is not clear whether all labour and OSH officers have the status of labour inspectors and how much of their time is devoted to other functions, to the detriment of their inspection functions. In this regard, the Committee noted that labour inspectors or labour/OSH officers are also responsible for the conciliation of individual labour disputes including the resolution of issues relating to the recommendations of workplace-based OSH committees. The Committee notes the Government’s indication in its report that there are currently eight OSH inspectors and eight labour inspectors working at the Labour Department. However, the Government does not provide the information requested in its previous request. The Committee therefore once again requests that the Government provide clarifications as to whether all labour and OSH officers have the status of labour inspectors, and provide information on the tasks assigned to them. The Committee also once again requests that the Government provide an estimate of the time spent on activities focusing on primary labour inspection duties as compared to any other duties that might be entrusted to them (such as conciliation, mediation, administration, etc.). In addition, it requests that the Government take the necessary measures, in accordance with Article 3(2) of the Convention, to ensure that any other functions entrusted to inspection officers do not interfere with the effective discharge of their primary duties.

Articles 5(a), 17 and 18. Adequacy and enforcement of penalties. Cooperation between the labour inspectorate and the justice system. The Committee previously noted the Government’s indications that, in addition to the increased level of penalties for the violation of several provisions of the SHAW, further attempts were made to increase the penalties under other Acts’ provisions relating to labour law; these penalties having been considered too low by the Government to be dissuasive. The Committee notes that the Government has not provided the requested information in relation to the measures taken to ensure that penalties are dissuasive, and the progress made with the announced plans to strengthen cooperation between the inspectorate and the justice system within the framework of legislative reform. However, it notes the Government’s indication that the Labour Department primarily uses moral persuasion to encourage compliance with labour law, and that therefore no penalties were applied in relation to the violations observed. The Committee further notes that, according to the Government, inspectors normally give instructions to employers to correct infringements detected and undertake follow-up visits to assess the progress made and any remedial steps undertaken.

The Committee recalls that, under the terms of Article 17(1) of the Convention, persons who violate or neglect to observe legal provisions shall be liable to prompt legal proceedings without previous warning. The Committee also recalls paragraph 282 of the 2006 General Survey on labour inspection which notes that violations may be the result of failure to understand the terms or scope of the applicable laws or regulations, and that therefore, labour inspectors must always have the discretion to choose not to impose penalties for the purposes of enforcing legal provisions. The Committee further explained in this paragraph of the General Survey that the discretion provided for in Article 17(1) implies that inspection staff have the necessary capacity for judgment so as to distinguish between serious or repeated wilful non compliance, culpable negligence or flagrant ill will (which all call for a penalty) and an involuntary or minor violation, which may lead to a mere warning. In the light of the above, the Committee requests that the Government take the necessary measures to ensure that labour inspectors are granted the discretion to warn and advise as well as to institute or recommend proceedings in cases of violation of the law, as is provided for in Article 17 of the Convention. In addition, the Committee once again requests that the Government provide information on any measures taken to ensure that penalties are dissuasive and effectively enforced, and to provide information, where applicable, on the number of legal proceedings commenced for labour law infringements and their outcome. The Committee also once again requests that the Government indicate the arrangements made or envisaged to enhance effective cooperation between labour inspection services and the justice system.

Article 7. Training of labour inspectors. The Committee notes that the Government has not provided the requested information on the training of labour inspectors. The Committee therefore once again requests that the Government provide information on the training provided to labour inspectors (subjects covered, number of participants, duration, etc.).

Article 11. Material means and transport facilities available to labour inspectors. The Committee previously noted that labour inspectors have access to an interest-free loan of 25,000 Barbadian dollars (BBD) (US$12,500) repayable over seven years for the purchase of a vehicle, and that a travelling allowance is currently paid at the rate of BBD1.09 (US$1.54) per kilometre. In reply to its previous request in this regard, the Committee notes the Government’s indication that adequate office accommodation is available. In terms of mobility, the Government indicates that inspectors have access to public transportation and that there is a mechanism for the payment of a travelling allowance based on the travel undertaken. Moreover, the department has at its disposal a vehicle. However, this vehicle is not a four-wheel drive, which is sometimes required for rough terrain. The Committee once again requests that the Government provide details of the office equipment available to labour inspectors (number of offices, computers, printers, paper, inspection forms, etc.).

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes the Government’s indication that, while the system for notification of industrial accidents to the Labour Department functions relatively well and has improved through enhanced collaboration with the National Insurance Department; historically cases of occupational disease have not been reported. The Government indicates that this might be due to the fact that: (i) the occupational diseases as defined in the law are unlikely to occur because of the type of economic activity in the country; (ii) persons at risk or affected may not make an association between the disease and work activities; (iii) there are no guidelines indicating the criteria for determining a case of “suspected” occupational disease when employers and medical practitioners are required to report cases of occupational disease; (iv) anecdotal evidence suggests that limited medical examination is carried out. The Committee requests that the Government provide information on any measures taken or envisaged to improve the system for the notification of cases of occupational disease. In this regard, it also invites the Government to take into account the guidance provided in the ILO code of practice on the recording and notification of occupational accidents and diseases.

Articles 20 and 21. Publication and communication of an annual report on the work of labour inspection services. The Committee notes the information in the annual reports of the Labour Department for the years 2005–08 which were received at the ILO in December 2013 and which also contain labour inspection statistics. While the Committee notes that no labour inspections reports for the years 2009–15 were received by the Office, it however notes that some labour inspection statistics were communicated by the Government in its report (including information on the number of labour inspections in the manufacturing sector and the non-manufacturing sector, the violations detected, and the number of industrial accidents reported). This information does however not include the number of workplaces liable to inspection. The Committee trusts that the Government will ensure that annual labour inspection reports are regularly published and communicated to the ILO (Article 20 of the Convention), and that they contain information on all the subjects covered by Article 21(a)–(g). It requests the Government in any event to continue to provide statistical information that is as detailed as possible on the activities of the labour inspection services (including, in particular, workplaces liable to inspection).

CMNT_TITLE

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 3(1)(b) and 13 of the Convention. Preventive activities in the area of occupational safety and health (OSH). The Committee notes with interest the information provided by the Government in response to its previous request concerning the various preventive activities undertaken in the area of OSH. In this context, the Committee also recalls its previous comments concerning the introduction of powers under the Safety and Health at Work Act (SHAW), allowing OSH inspectors to issue “improvement notices” requiring alterations to secure compliance with the provisions of the SHAW (section 112 of the SHAW) and “prohibition notices” requiring alterations to remedy risks to the safety and health of workers, which take immediate effect if the inspector is of the opinion that there is an imminent danger to the health or safety of workers (section 113 of the SHAW). The Committee notes the Government’s indication that forms and procedures for the issuing of improvement and prohibition notices have been developed, and that inspectors are no longer required to submit a request to the judicial authorities for the issuing of such notices. The Committee also notes the Government’s indication that currently no situations warranting the issuing of such notices have been encountered since employers continue to cooperate with inspectors. The Committee requests that the Government provide statistical information, where applicable, on preventive measures adopted in the event that labour inspectors had reasonable cause to believe that defects in workplaces constituted a threat to the health or safety of workers (Article 13(1)). Where applicable, the Committee also requests the Government to provide information on preventive measures adopted with immediate executory force in the event of imminent danger to the health or safety of workers (Article 13(2)).

Articles 3(2), 10 and 16. Human resources of the labour inspectorate and additional duties entrusted to inspection officers. The Committee previously noted that the Executive Council of the Barbados Workers’ Union (BWU) welcomed the increase in the number of labour inspectors, but indicated that their number was still inadequate in view of the increased responsibilities of labour inspectors under the SHAW. The Committee also observed that the terms “labour/OSH officer” and “labour inspector” are used interchangeably, but that it is not clear whether all labour and OSH officers have the status of labour inspectors and how much of their time is devoted to other functions, to the detriment of their inspection functions. In this regard, the Committee noted that labour inspectors or labour/OSH officers are also responsible for the conciliation of individual labour disputes including the resolution of issues relating to the recommendations of workplace-based OSH committees. The Committee notes the Government’s indication in its report that there are currently eight OSH inspectors and eight labour inspectors working at the Labour Department. However, the Government does not provide the information requested in its previous request. The Committee therefore once again requests that the Government provide clarifications as to whether all labour and OSH officers have the status of labour inspectors, and provide information on the tasks assigned to them. The Committee also once again requests that the Government provide an estimate of the time spent on activities focusing on primary labour inspection duties as compared to any other duties that might be entrusted to them (such as conciliation, mediation, administration, etc.). In addition, it requests that the Government take the necessary measures, in accordance with Article 3(2) of the Convention, to ensure that any other functions entrusted to inspection officers do not interfere with the effective discharge of their primary duties.

Articles 5(a), 17 and 18. Adequacy and enforcement of penalties. Cooperation between the labour inspectorate and the justice system. The Committee previously noted the Government’s indications that, in addition to the increased level of penalties for the violation of several provisions of the SHAW, further attempts were made to increase the penalties under other Acts’ provisions relating to labour law; these penalties having been considered too low by the Government to be dissuasive. The Committee notes that the Government has not provided the requested information in relation to the measures taken to ensure that penalties are dissuasive, and the progress made with the announced plans to strengthen cooperation between the inspectorate and the justice system within the framework of legislative reform. However, it notes the Government’s indication that the Labour Department primarily uses moral persuasion to encourage compliance with labour law, and that therefore no penalties were applied in relation to the violations observed. The Committee further notes that, according to the Government, inspectors normally give instructions to employers to correct infringements detected and undertake follow-up visits to assess the progress made and any remedial steps undertaken.

The Committee recalls that, under the terms of Article 17(1) of the Convention, persons who violate or neglect to observe legal provisions shall be liable to prompt legal proceedings without previous warning. The Committee also recalls paragraph 282 of the 2006 General Survey on labour inspection which notes that violations may be the result of failure to understand the terms or scope of the applicable laws or regulations, and that therefore, labour inspectors must always have the discretion to choose not to impose penalties for the purposes of enforcing legal provisions. The Committee further explained in this paragraph of the General Survey that the discretion provided for in Article 17(1) implies that inspection staff have the necessary capacity for judgment so as to distinguish between serious or repeated wilful non compliance, culpable negligence or flagrant ill will (which all call for a penalty) and an involuntary or minor violation, which may lead to a mere warning. In the light of the above, the Committee requests that the Government take the necessary measures to ensure that labour inspectors are granted the discretion to warn and advise as well as to institute or recommend proceedings in cases of violation of the law, as is provided for in Article 17 of the Convention. In addition, the Committee once again requests that the Government provide information on any measures taken to ensure that penalties are dissuasive and effectively enforced, and to provide information, where applicable, on the number of legal proceedings commenced for labour law infringements and their outcome. The Committee also once again requests that the Government indicate the arrangements made or envisaged to enhance effective cooperation between labour inspection services and the justice system.

Article 7. Training of labour inspectors. The Committee notes that the Government has not provided the requested information on the training of labour inspectors. The Committee therefore once again requests that the Government provide information on the training provided to labour inspectors (subjects covered, number of participants, duration, etc.).

Article 11. Material means and transport facilities available to labour inspectors. The Committee previously noted that labour inspectors have access to an interest-free loan of 25,000 Barbadian dollars (BBD) (US$12,500) repayable over seven years for the purchase of a vehicle, and that a travelling allowance is currently paid at the rate of BBD1.09 (US$1.54) per kilometre. In reply to its previous request in this regard, the Committee notes the Government’s indication that adequate office accommodation is available. In terms of mobility, the Government indicates that inspectors have access to public transportation and that there is a mechanism for the payment of a travelling allowance based on the travel undertaken. Moreover, the department has at its disposal a vehicle. However, this vehicle is not a four-wheel drive, which is sometimes required for rough terrain. The Committee once again requests that the Government provide details of the office equipment available to labour inspectors (number of offices, computers, printers, paper, inspection forms, etc.).

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes the Government’s indication that, while the system for notification of industrial accidents to the Labour Department functions relatively well and has improved through enhanced collaboration with the National Insurance Department; historically cases of occupational disease have not been reported. The Government indicates that this might be due to the fact that: (i) the occupational diseases as defined in the law are unlikely to occur because of the type of economic activity in the country; (ii) persons at risk or affected may not make an association between the disease and work activities; (iii) there are no guidelines indicating the criteria for determining a case of “suspected” occupational disease when employers and medical practitioners are required to report cases of occupational disease; (iv) anecdotal evidence suggests that limited medical examination is carried out. The Committee requests that the Government provide information on any measures taken or envisaged to improve the system for the notification of cases of occupational disease. In this regard, it also invites the Government to take into account the guidance provided in the ILO code of practice on the recording and notification of occupational accidents and diseases.

Articles 20 and 21. Publication and communication of an annual report on the work of labour inspection services. The Committee notes the information in the annual reports of the Labour Department for the years 2005–08 which were received at the ILO in December 2013 and which also contain labour inspection statistics. While the Committee notes that no labour inspections reports for the years 2009–15 were received by the Office, it however notes that some labour inspection statistics were communicated by the Government in its report (including information on the number of labour inspections in the manufacturing sector and the non-manufacturing sector, the violations detected, and the number of industrial accidents reported). This information does however not include the number of workplaces liable to inspection. The Committee trusts that the Government will ensure that annual labour inspection reports are regularly published and communicated to the ILO (Article 20 of the Convention), and that they contain information on all the subjects covered by Article 21(a)–(g). It requests the Government in any event to continue to provide statistical information that is as detailed as possible on the activities of the labour inspection services (including, in particular, workplaces liable to inspection).

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

Articles 3(1)(b) and 13 of the Convention. Preventive activities in the area of occupational safety and health (OSH). The Committee notes with interest the information provided by the Government in response to its previous request concerning the various preventive activities undertaken in the area of OSH. In this context, the Committee also recalls its previous comments concerning the introduction of powers under the Safety and Health at Work Act (SHAW), allowing OSH inspectors to issue “improvement notices” requiring alterations to secure compliance with the provisions of the SHAW (section 112 of the SHAW) and “prohibition notices” requiring alterations to remedy risks to the safety and health of workers, which take immediate effect if the inspector is of the opinion that there is an imminent danger to the health or safety of workers (section 113 of the SHAW). The Committee notes the Government’s indication that forms and procedures for the issuing of improvement and prohibition notices have been developed, and that inspectors are no longer required to submit a request to the judicial authorities for the issuing of such notices. The Committee also notes the Government’s indication that currently no situations warranting the issuing of such notices have been encountered since employers continue to cooperate with inspectors. The Committee requests that the Government provide statistical information, where applicable, on preventive measures adopted in the event that labour inspectors had reasonable cause to believe that defects in workplaces constituted a threat to the health or safety of workers (Article 13(1)). Where applicable, the Committee also requests the Government to provide information on preventive measures adopted with immediate executory force in the event of imminent danger to the health or safety of workers (Article 13(2)).

Articles 3(2), 10 and 16. Human resources of the labour inspectorate and additional duties entrusted to inspection officers. The Committee previously noted that the Executive Council of the Barbados Workers’ Union (BWU) welcomed the increase in the number of labour inspectors, but indicated that their number was still inadequate in view of the increased responsibilities of labour inspectors under the SHAW. The Committee also observed that the terms “labour/OSH officer” and “labour inspector” are used interchangeably, but that it is not clear whether all labour and OSH officers have the status of labour inspectors and how much of their time is devoted to other functions, to the detriment of their inspection functions. In this regard, the Committee noted that labour inspectors or labour/OSH officers are also responsible for the conciliation of individual labour disputes including the resolution of issues relating to the recommendations of workplace-based OSH committees. The Committee notes the Government’s indication in its report that there are currently eight OSH inspectors and eight labour inspectors working at the Labour Department. However, the Government does not provide the information requested in its previous request. The Committee therefore once again requests that the Government provide clarifications as to whether all labour and OSH officers have the status of labour inspectors, and provide information on the tasks assigned to them. The Committee also once again requests that the Government provide an estimate of the time spent on activities focusing on primary labour inspection duties as compared to any other duties that might be entrusted to them (such as conciliation, mediation, administration, etc.). In addition, it requests that the Government take the necessary measures, in accordance with Article 3(2) of the Convention, to ensure that any other functions entrusted to inspection officers do not interfere with the effective discharge of their primary duties.

Articles 5(a), 17 and 18. Adequacy and enforcement of penalties. Cooperation between the labour inspectorate and the justice system. The Committee previously noted the Government’s indications that, in addition to the increased level of penalties for the violation of several provisions of the SHAW, further attempts were made to increase the penalties under other Acts’ provisions relating to labour law; these penalties having been considered too low by the Government to be dissuasive. The Committee notes that the Government has not provided the requested information in relation to the measures taken to ensure that penalties are dissuasive, and the progress made with the announced plans to strengthen cooperation between the inspectorate and the justice system within the framework of legislative reform. However, it notes the Government’s indication that the Labour Department primarily uses moral persuasion to encourage compliance with labour law, and that therefore no penalties were applied in relation to the violations observed. The Committee further notes that, according to the Government, inspectors normally give instructions to employers to correct infringements detected and undertake follow-up visits to assess the progress made and any remedial steps undertaken.

The Committee recalls that, under the terms of Article 17(1) of the Convention, persons who violate or neglect to observe legal provisions shall be liable to prompt legal proceedings without previous warning. The Committee also recalls paragraph 282 of the 2006 General Survey on labour inspection which notes that violations may be the result of failure to understand the terms or scope of the applicable laws or regulations, and that therefore, labour inspectors must always have the discretion to choose not to impose penalties for the purposes of enforcing legal provisions. The Committee further explained in this paragraph of the General Survey that the discretion provided for in Article 17(1) implies that inspection staff have the necessary capacity for judgment so as to distinguish between serious or repeated wilful non compliance, culpable negligence or flagrant ill will (which all call for a penalty) and an involuntary or minor violation, which may lead to a mere warning. In the light of the above, the Committee requests that the Government take the necessary measures to ensure that labour inspectors are granted the discretion to warn and advise as well as to institute or recommend proceedings in cases of violation of the law, as is provided for in Article 17 of the Convention. In addition, the Committee once again requests that the Government provide information on any measures taken to ensure that penalties are dissuasive and effectively enforced, and to provide information, where applicable, on the number of legal proceedings commenced for labour law infringements and their outcome. The Committee also once again requests that the Government indicate the arrangements made or envisaged to enhance effective cooperation between labour inspection services and the justice system.

Article 7. Training of labour inspectors. The Committee notes that the Government has not provided the requested information on the training of labour inspectors. The Committee therefore once again requests that the Government provide information on the training provided to labour inspectors (subjects covered, number of participants, duration, etc.).

Article 11. Material means and transport facilities available to labour inspectors. The Committee previously noted that labour inspectors have access to an interest-free loan of 25,000 Barbadian dollars (BBD) (US$12,500) repayable over seven years for the purchase of a vehicle, and that a travelling allowance is currently paid at the rate of BBD1.09 ($1.54) per kilometre. In reply to its previous request in this regard, the Committee notes the Government’s indication that adequate office accommodation is available. In terms of mobility, the Government indicates that inspectors have access to public transportation and that there is a mechanism for the payment of a travelling allowance based on the travel undertaken. Moreover, the department has at its disposal a vehicle. However, this vehicle is not a four-wheel drive, which is sometimes required for rough terrain. The Committee once again requests that the Government provide details of the office equipment available to labour inspectors (number of offices, computers, printers, paper, inspection forms, etc.).

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes the Government’s indication that, while the system for notification of industrial accidents to the Labour Department functions relatively well and has improved through enhanced collaboration with the National Insurance Department; historically cases of occupational disease have not been reported. The Government indicates that this might be due to the fact that: (i) the occupational diseases as defined in the law are unlikely to occur because of the type of economic activity in the country; (ii) persons at risk or affected may not make an association between the disease and work activities; (iii) there are no guidelines indicating the criteria for determining a case of “suspected” occupational disease when employers and medical practitioners are required to report cases of occupational disease; (iv) anecdotal evidence suggests that limited medical examination is carried out. The Committee requests that the Government provide information on any measures taken or envisaged to improve the system for the notification of cases of occupational disease. In this regard, it also invites the Government to take into account the guidance provided in the ILO code of practice on the recording and notification of occupational accidents and diseases.

Articles 20 and 21. Publication and communication of an annual report on the work of labour inspection services. The Committee notes the information in the annual reports of the Labour Department for the years 2005–08 which were received at the ILO in December 2013 and which also contain labour inspection statistics. While the Committee notes that no labour inspections reports for the years 2009–15 were received by the Office, it however notes that some labour inspection statistics were communicated by the Government in its report (including information on the number of labour inspections in the manufacturing sector and the non-manufacturing sector, the violations detected, and the number of industrial accidents reported). This information does however not include the number of workplaces liable to inspection. The Committee trusts that the Government will ensure that annual labour inspection reports are regularly published and communicated to the ILO (Article 20 of the Convention), and that they contain information on all the subjects covered by Article 21(a)–(g). It requests the Government in any event to continue to provide statistical information that is as detailed as possible on the activities of the labour inspection services (including, in particular, workplaces liable to inspection).

CMNT_TITLE

Articles 3(1)(b) and 13 of the Convention. Preventive activities in the area of occupational safety and health (OSH). The Committee notes with interest the information provided by the Government in response to its previous request concerning the various preventive activities undertaken in the area of OSH. In this context, the Committee also recalls its previous comments concerning the introduction of powers under the Safety and Health at Work Act (SHAW), allowing OSH inspectors to issue “improvement notices” requiring alterations to secure compliance with the provisions of the SHAW (section 112 of the SHAW) and “prohibition notices” requiring alterations to remedy risks to the safety and health of workers, which take immediate effect if the inspector is of the opinion that there is an imminent danger to the health or safety of workers (section 113 of the SHAW). The Committee notes the Government’s indication that forms and procedures for the issuing of improvement and prohibition notices have been developed, and that inspectors are no longer required to submit a request to the judicial authorities for the issuing of such notices. The Committee also notes the Government’s indication that currently no situations warranting the issuing of such notices have been encountered since employers continue to cooperate with inspectors. The Committee requests that the Government provide statistical information, where applicable, on preventive measures adopted in the event that labour inspectors had reasonable cause to believe that defects in workplaces constituted a threat to the health or safety of workers (Article 13(1)). Where applicable, the Committee also requests the Government to provide information on preventive measures adopted with immediate executory force in the event of imminent danger to the health or safety of workers (Article 13(2)).

Articles 3(2), 10 and 16. Human resources of the labour inspectorate and additional duties entrusted to inspection officers. The Committee previously noted that the Executive Council of the Barbados Workers’ Union (BWU) welcomed the increase in the number of labour inspectors, but indicated that their number was still inadequate in view of the increased responsibilities of labour inspectors under the SHAW. The Committee also observed that the terms “labour/OSH officer” and “labour inspector” are used interchangeably, but that it is not clear whether all labour and OSH officers have the status of labour inspectors and how much of their time is devoted to other functions, to the detriment of their inspection functions. In this regard, the Committee noted that labour inspectors or labour/OSH officers are also responsible for the conciliation of individual labour disputes including the resolution of issues relating to the recommendations of workplace-based OSH committees. The Committee notes the Government’s indication in its report that there are currently eight OSH inspectors and eight labour inspectors working at the Labour Department. However, the Government does not provide the information requested in its previous request. The Committee therefore once again requests that the Government provide clarifications as to whether all labour and OSH officers have the status of labour inspectors, and provide information on the tasks assigned to them. The Committee also once again requests that the Government provide an estimate of the time spent on activities focusing on primary labour inspection duties as compared to any other duties that might be entrusted to them (such as conciliation, mediation, administration, etc.). In addition, it requests that the Government take the necessary measures, in accordance with Article 3(2) of the Convention, to ensure that any other functions entrusted to inspection officers do not interfere with the effective discharge of their primary duties.

Articles 5(a), 17 and 18. Adequacy and enforcement of penalties. Cooperation between the labour inspectorate and the justice system. The Committee previously noted the Government’s indications that, in addition to the increased level of penalties for the violation of several provisions of the SHAW, further attempts were made to increase the penalties under other Acts’ provisions relating to labour law; these penalties having been considered too low by the Government to be dissuasive. The Committee notes that the Government has not provided the requested information in relation to the measures taken to ensure that penalties are dissuasive, and the progress made with the announced plans to strengthen cooperation between the inspectorate and the justice system within the framework of legislative reform. However, it notes the Government’s indication that the Labour Department primarily uses moral persuasion to encourage compliance with labour law, and that therefore no penalties were applied in relation to the violations observed. The Committee further notes that, according to the Government, inspectors normally give instructions to employers to correct infringements detected and undertake follow-up visits to assess the progress made and any remedial steps undertaken.

The Committee recalls that, under the terms of Article 17(1) of the Convention, persons who violate or neglect to observe legal provisions shall be liable to prompt legal proceedings without previous warning. The Committee also recalls paragraph 282 of the 2006 General Survey on labour inspection which notes that violations may be the result of failure to understand the terms or scope of the applicable laws or regulations, and that therefore, labour inspectors must always have the discretion to choose not to impose penalties for the purposes of enforcing legal provisions. The Committee further explained in this paragraph of the General Survey that the discretion provided for in Article 17(1) implies that inspection staff have the necessary capacity for judgment so as to distinguish between serious or repeated wilful non compliance, culpable negligence or flagrant ill will (which all call for a penalty) and an involuntary or minor violation, which may lead to a mere warning. In the light of the above, the Committee requests that the Government take the necessary measures to ensure that labour inspectors are granted the discretion to warn and advise as well as to institute or recommend proceedings in cases of violation of the law, as is provided for in Article 17 of the Convention. In addition, the Committee once again requests that the Government provide information on any measures taken to ensure that penalties are dissuasive and effectively enforced, and to provide information, where applicable, on the number of legal proceedings commenced for labour law infringements and their outcome. The Committee also once again requests that the Government indicate the arrangements made or envisaged to enhance effective cooperation between labour inspection services and the justice system.

Article 7. Training of labour inspectors. The Committee notes that the Government has not provided the requested information on the training of labour inspectors. The Committee therefore once again requests that the Government provide information on the training provided to labour inspectors (subjects covered, number of participants, duration, etc.).

Article 11. Material means and transport facilities available to labour inspectors. The Committee previously noted that labour inspectors have access to an interest-free loan of 25,000 Barbadian dollars (BBD) (US$12,500) repayable over seven years for the purchase of a vehicle, and that a travelling allowance is currently paid at the rate of BBD1.09 ($1.54) per kilometre. In reply to its previous request in this regard, the Committee notes the Government’s indication that adequate office accommodation is available. In terms of mobility, the Government indicates that inspectors have access to public transportation and that there is a mechanism for the payment of a travelling allowance based on the travel undertaken. Moreover, the department has at its disposal a vehicle. However, this vehicle is not a four-wheel drive, which is sometimes required for rough terrain. The Committee once again requests that the Government provide details of the office equipment available to labour inspectors (number of offices, computers, printers, paper, inspection forms, etc.).

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes the Government’s indication that, while the system for notification of industrial accidents to the Labour Department functions relatively well and has improved through enhanced collaboration with the National Insurance Department; historically cases of occupational disease have not been reported. The Government indicates that this might be due to the fact that: (i) the occupational diseases as defined in the law are unlikely to occur because of the type of economic activity in the country; (ii) persons at risk or affected may not make an association between the disease and work activities; (iii) there are no guidelines indicating the criteria for determining a case of “suspected” occupational disease when employers and medical practitioners are required to report cases of occupational disease; (iv) anecdotal evidence suggests that limited medical examination is carried out. The Committee requests that the Government provide information on any measures taken or envisaged to improve the system for the notification of cases of occupational disease. In this regard, it also invites the Government to take into account the guidance provided in the ILO code of practice on the recording and notification of occupational accidents and diseases.

Articles 20 and 21. Publication and communication of an annual report on the work of labour inspection services. The Committee notes the information in the annual reports of the Labour Department for the years 2005–08 which were received at the ILO in December 2013 and which also contain labour inspection statistics. While the Committee notes that no labour inspections reports for the years 2009–15 were received by the Office, it however notes that some labour inspection statistics were communicated by the Government in its report (including information on the number of labour inspections in the manufacturing sector and the non-manufacturing sector, the violations detected, and the number of industrial accidents reported). This information does however not include the number of workplaces liable to inspection. The Committee trusts that the Government will ensure that annual labour inspection reports are regularly published and communicated to the ILO (Article 20 of the Convention), and that they contain information on all the subjects covered by Article 21(a)–(g). It requests the Government in any event to continue to provide statistical information that is as detailed as possible on the activities of the labour inspection services (including, in particular, workplaces liable to inspection).

CMNT_TITLE

With reference to its observation, the Committee would like to raise the following additional points.

Articles 3(2), 10 and 16 of the Convention. Human resources of the labour inspectorate and additional duties entrusted to inspection officers. The Committee notes that there are currently eight labour officers working in the Industrial Relations Section and eight labour officers working in the Safety and Health Section of the Labour Department at the Ministry of Labour, with a senior labour officer heading each section. It further notes that the Executive Council of the Barbados Workers’ Union (BWU), in a communication dated 31 August 2011, welcomes the increase in the number of labour inspectors from four to nine in recent years, but indicates that this number is still inadequate in view of the increased responsibilities of labour inspectors under the Safety and Health at Work Act (SHAW).

The Committee observes that the terms “labour officer” and “labour inspector” are used interchangeably, but that it is not clear from the information provided whether all labour officers have the status of labour inspectors and how much of their time is devoted to other functions, to the detriment of their inspection functions.

In this regard, the Committee notes that labour inspectors or labour officers in the Industrial Relations Section of the Labour Department are also responsible for the conciliation of individual labour disputes and the production of reports for international bodies. Furthermore, as it might appear from the observations made by the BWU and the responsibilities allocated to the chief labour officer under the SHAW, labour officers in the Safety and Health (OSH) section have a number of duties, including: investigating occupational accidents; issuing orders (such as re examination orders) in response to the reports received on certified machinery (such as steam boilers, pressure vessels, lifting machines); the resolution of issues relating to the recommendations of safety and health commissions at the workplace level, etc.

The Committee reminds the Government of the primary functions under Article 3(1) of the Convention (enforcement of the legal provisions relating to conditions of work and the protection of workers and advice to employers and workers), and of the guidelines provided in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”.

The Committee asks the Government to provide clarifications as to whether all labour and OSH officers have the status of labour inspectors. Please also provide information on any other functions assumed by them, as well as an estimate of the time spent on activities focusing on primary labour inspection duties in relation to their other duties.

In the light of the limited human resources available to the inspectorate and the wide range of activities entrusted to it, the Committee hopes that the Government will take the necessary measures, in accordance with Article 3(2) of the Convention, to ensure that any other functions entrusted to inspection officers do not interfere with the effective discharge of their primary duties.

Articles 3 and 16. Integrated approach to inspections in the area of general labour conditions and OSH. The Committee notes that the Government has not reported on the outcome of discussions on an integrated approach to workplace inspections, to which the Government referred in its previous report, in which it indicated that labour officers and OSH officers had already received training on the introduction of this concept. The Committee once again requests the Government to supply information on any measures taken or envisaged for the implementation of this approach at the workplace level and its impact on the work of inspection officers.

Article 7. Training of labour inspectors. The Committee notes the information provided by the Government that labour officers have received in house training, OSH officers have received additional training to enhance their knowledge in specific areas and that training was provided by the ILO Decent Work Team and Office for the Caribbean, although no details were provided. The Committee asks the Government to provide information in its next report that is as detailed as possible on the training provided for labour inspectors (subjects covered, number of participants, duration, etc.). Please provide information on whether these training activities included training in the area of OSH in relation to the different sectors of economic activities which are now covered by labour inspection.

Article 11. Material means and transport facilities available to labour inspectors. The Committee notes that labour inspectors have access to an interest-free loan of the equivalent of $25,000 Barbadian dollars (BBD) repayable over seven years for the purchase of a vehicle, and that a travelling allowance is currently paid at the rate of $BBD1.09 per km. The Committee asks the Government to provide detailed information on the office equipment available to labour inspectors (number of offices, computers, printers, paper, inspection forms, etc.), as well as any transport facilities available other than those purchased by the inspection officers themselves (where applicable).

Please also provide information on the total amount of travel expenses reimbursed to inspection officers in the performance of their duties during the period covered by the next report.

Articles 5(a), 17 and 18. Adequacy and enforcement of penalties. Cooperation between the labour inspectorate and the judicial authorities. The Committee notes the Government’s indications that, in addition to the increased level of penalties for the violation of several provisions of the SHAW, the review of the Shops Act and Holidays with Pay Act and the adoption of the Employment Rights Act are further attempts to increase the level of currently existing penalties which, as the Committee noted previously, were considered too low by the Government to be dissuasive.

Referring to its previous observations, in which it noted that the level of penalties for contraventions of the SHAW and its accompanying regulations, for which no specific penalty is provided, remained the same as in the repealed Factories Act of 1987 (that is a fine of $BBD500 and a further fine of $BBD100 for each day in respect of which the offence continues), the Committee recalled previously that the amount of fines should be regularly adjusted to take account of inflation and that it would be regrettable if employers were in a position to opt for the payment of fines as a less costly alternative to the adoption of the measures necessary to ensure compliance with the labour legislation.

While section 129 of the SHAW provides that “all prosecutions under this Act shall be by information in the name of the Chief Labour Officer”, the Committee notes that the Government has not provided the requested information with regard to plans to strengthen cooperation between the inspectorate and the judicial system in the framework of the legislative reform, as it announced in its previous report. The Committee requests the Government to keep the ILO informed of any measures taken to ensure that penalties are dissuasive and effectively enforced. In this regard, it also asks the Government to indicate the number of cases referred to the judicial authorities by the labour inspectorate, the number of cases dealt with by the courts, the type of penalties imposed, the areas of labour law concerned, etc. Please also include this information in the annual labour inspection reports.

Referring to its 2007 general observation, the Committee once again asks the Government to indicate the arrangements made or envisaged to enhance effective cooperation between labour inspection officers and the judicial authorities.

CMNT_TITLE

Articles 2, 22 and 23 of the Convention. Scope of labour inspection. The Committee understands that the Safety and Health at Work Act (SHAW) 2005 entered into force in January 2013. It notes that its scope of application is wider than that of the repealed Factories Act (FA) Cap. 347 1987, and that the SHAW applies not only to factories, but also to agricultural enterprises, sea- and airports and the public service, etc. The Committee understands from the observations made by the Executive Council of the Barbados Workers’ Union (BWU), in a communication dated 31 August 2011, that draft regulations under the provisions of the SHAW have been forwarded for comments to the representative employers’ and workers’ organizations. The Committee also notes the Government’s indications that, following the entry into force of the SHAW, routine labour inspections will be conducted in commercial workplaces, which have not been covered by labour inspection in the past. The Committee asks the Government to provide information on the number of labour inspections conducted in the different sectors of economic activity and to include this information in the annual labour inspection reports.

Articles 3(1)(b) and 13. Preventive activities in the area of occupational safety and health (OSH). The Committee notes that under the SHAW employers are required to conduct risk assessments in the area of OSH and prepare and regularly revise a general policy statement with respect to workplace safety, health and welfare (sections 6 and 7 of the SHAW). In this regard, the Committee notes with interest, from the website of the Labour Department, the recent launching of a voluntary OSH self-management systems programme. In the context of this programme, companies are being evaluated on the basis of the following criteria: the degree to which risk assessments are conducted; statistics of occupational accidents and diseases; the level of compliance with the SHAW; and the commitment of management, as well as the involvement of employees. Each company’s OSH performance will be awarded a designation, ranging from bronze to platinum, with the latter awarded to those entities which demonstrate excellence in the management and promotion of OSH. The Labour Department is providing assistance for the implementation of the OSH self-management system. The Committee also notes from the observations made by the BWU that the OSH section of the Labour Department provides training in the area of OSH and undertakes public awareness-raising programmes.

The Committee further notes with interest that, under the SHAW, labour inspectors are now vested with the power to issue “improvement notices” requiring alterations to secure compliance with the provisions of the SHAW (section 112 of the SHAW) and “prohibition notices” requiring such alterations as to remedy risks to the safety and health of workers, which take immediate effect if the inspector is of the opinion that there is an imminent danger to the health or safety of workers (section 113 of the SHAW). The Committee asks the Government to provide detailed information on the preventive activities undertaken by inspection officers in the area of OSH, including: activities in relation to the voluntary OSH self-management systems programme; training provided to employers and workers; public awareness-raising programmes; and the adoption of measures with immediate executory force in the event of imminent danger to the health or safety of workers. Please indicate the impact of these activities on the number of occupational accidents and diseases.

Articles 20 and 21. Publication and communication of an annual report on the work of labour inspection services. The Committee notes with regret that the last annual report on the work of the Labour Department, containing useful information on most of the subjects enumerated in Article 21, was received by the Office in 1999. Referring to its 2010 general observation, the Committee recalls that the annual labour inspection report offers an indispensable basis for the national authorities, the social partners and the ILO supervisory bodies to evaluate the results in practice of the activities of the labour inspection services and contribute to its improvement, particularly for the determination of the means necessary to improve their effectiveness. Noting the Government’s reference to a weekly, monthly and quarterly reporting system, the Committee believes that relevant data for the establishment of the annual labour inspection reports should be available at the Labour Department. The Committee therefore urges the Government to make every effort to ensure that annual labour inspection reports are published and communicated to the ILO (Articles 20 and 21 of the Convention), to indicate the measures taken and to report on any difficulties encountered in this regard. The Committee reminds the Government that it can avail itself of the technical assistance from the Office, if it so wishes, in order to fulfil its obligations under these provisions.

It requests the Government in any event to provide with its next report statistical information that is as detailed as possible on the activities of the labour inspection services (industrial and commercial places liable to inspection, number of inspections, infringements detected and the legal provisions to which they relate, penalties applied, number of occupational accidents and diseases, etc.).

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

Articles 3 and 16 of the Convention. Inspection of workplaces. Noting that discussions, in which labour and safety and health officers are participating, are taking place on the integrated approach to workplace inspections, the Committee requests the Government to supply information on the results of such discussions, on any measures taken or envisaged to implement this approach at the workplace level and its impact on the work of inspection officers.

Article 5(a). Cooperation between the labour inspection system and the judicial system. The Committee notes that, according to the Government, it is envisaged that cooperation between the inspectorate and the judicial system will be strengthened within the framework of the legislative reform. With reference to its 2007 general observation, the Committee would be grateful if the Government would keep the Office informed of any development in this regard. It further requests it to indicate in its next report the number of cases of violation of labour legislation brought before the courts and the outcome of such procedures.

CMNT_TITLE

The Committee notes the Government’s report and the indication that the new Safety and Health at Work Act, which was enacted in 2005 (hereinafter the SHAW Act), has still not been proclaimed. It also notes the comments communicated on 19 June 2008 by the Congress of Trade Unions and Staff Associations of Barbados (CTUSAB). The union once again emphasizes the low number of labour inspectors, their lack of training, preventing them from enforcing the new Act, and the inadequacy of transport facilities. It also recommends the establishment of higher penalties for major violations of the labour legislation.

Articles 7, paragraph 3, 10 and 11 of the Convention. Staff and resources of the labour inspectorate. The Committee observes that the issue of the shortage of inspection staff has been raised for many years, also by an employers’ organization in 2005. It notes with interest that four new safety and health officers have been appointed. The Committee hopes that the appointment of more staff will reinforce inspection capacities, particularly with regard to the enforcement of the SHAW Act once it is proclaimed, and requests the Government to supply information regarding the training provided to health and safety officers on technical issues for that purpose.

Also noting the information already supplied on transport facilities, the Committee would be grateful if the Government would provide particulars on the manner in which travelling costs are reimbursed to inspection officers (deadlines for payment, etc.).

Article 18. Adequacy and enforcement of penalties. For many years, the Government indicated that it would take the opportunity of the adoption of the new Act to raise the level of the penalties in force, which were considered too low to be dissuasive. In this respect, the Government refers to sections 109 to 121 of the SHAW Act. The Committee notes, however, that the general penalty established under such provisions (section 110(1)) is the same as that established by the Factories Act adopted in 1984. It wishes to emphasize that it is essential for the credibility and effectiveness of systems for the protection of workers that violations are identified in national legislation and that the proceedings instituted or recommended by labour inspectors against employers guilty of violations are sufficiently dissuasive to ensure that employers are aware of the need to comply with their obligations. It is also important that penalties are defined in proportion to the nature and gravity of the offence and that the amount of fines is regularly adjusted to take account of inflation. It would be regrettable if employers were in a position to opt for the payment of fines as a less costly alternative to the adoption of the measures necessary to ensure compliance with the labour legislation. The Committee therefore requests the Government to take measures to ensure that penalties are dissuasive and effectively enforced. The Government is also requested to keep the ILO informed of any progress in this respect.

Articles 20 and 21. Publication and communication of an annual report on the work of the labour inspection services. The Committee notes that the annual reports for 2000, 2001 and 2002, indicated in the Government’s report as having been sent to the ILO, were not received by the Office and that, as a result, it is not possible to assess the application of the Convention in practice. It notes in this regard that, in the view of the CTUSAB, the resources and technical assistance necessary to ensure the publication of such an important document must be made available as soon as possible. Recalling the importance of making the fullest possible information available on an annual basis on each of the subjects enumerated by Article 21 so that the social partners, the national authorities and the ILO supervisory bodies can assess the effectiveness of the labour inspection system and contribute to its improvement, the Committee requests the Government to ensure that the annual reports published since 2000 are communicated to the ILO in the near future.

The Committee is also addressing a request on other matters directly to the Government.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government’s report received in January 2005, which responds in part to its previous comments, and the attached observations of the Barbados Employers’ Confederation (BEC) and the Congress of Trade Unions and Staff Associations of Barbados (CTUSAB). The Committee invites the Government to continue providing detailed information on the application of the Convention, particularly with regard to the following aspects.

1. Staffing and resources of the labour inspectorate. The Committee notes that, in the view of the CTUSAB, the number of labour inspectors should be increased and they should be provided with adequate training and additional resources to allow them to do their work effectively. The BEC considers that there is a lack of inspectors to deal with the growing number of complaints. The Government emphasizes that the constantly increasing work load has not been accompanied by the increase in staffing required to handle it. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that the number of labour inspectors is sufficient to secure the effective discharge of their duties, particularly in view of the forthcoming adoption of new legislation on occupational safety and health, which should reinforce their functions in this field (Article 10 of the Convention). It also requests the Government to continue to provide information on the measures adopted to furnish labour inspectors with the necessary transport facilities and to reimburse their travelling expenses (Article 11).

2. Adequate penalties. The Committee notes the assurances given by the Government that the question of the provisions respecting penalties will be addressed in the context of the current reform of the labour legislation so as to ensure that the penalties established for violations of the labour legislation are sufficiently dissuasive, in accordance with Article 18 of the Convention. It requests the Government to indicate the progress made in the legislative reform in this connection.

3. Publication of an annual report. The Committee notes that no annual report on the labour inspection services has been supplied to the ILO since the communication in 2001 of the annual reports of the Department of Labour for the years 1997, 1998 and 1999. The Committee requests the Government to ensure that an annual report on the inspection services is published and transmitted to the Office within the time limits set out in Article 20 of the Convention and that it contains all the required information, including statistics of occupational diseases, in accordance with Article 21(g) of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes the Government’s report, which responds in part to its previous comments, and the attached observations of the Barbados Employers’ Confederation (BEC) and the Congress of Trade Unions and Staff Associations of Barbados (CTUSAB). The Committee invites the Government to continue providing detailed information on the application of the Convention, particularly with regard to the following aspects.

1. Staffing and resources of the labour inspectorate. The Committee notes that, in the view of the CTUSAB, the number of labour inspectors should be increased and they should be provided with adequate training and additional resources to allow them to do their work effectively. The BEC considers that there is a lack of inspectors to deal with the growing number of complaints. The Government emphasizes that the constantly increasing work load has not been accompanied by the increase in staffing required to handle it. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that the number of labour inspectors is sufficient to secure the effective discharge of their duties, particularly in view of the forthcoming adoption of new legislation on occupational safety and health, which should reinforce their functions in this field (Article 10 of the Convention). It also requests the Government to continue to provide information on the measures adopted to furnish labour inspectors with the necessary transport facilities and to reimburse their travelling expenses (Article 11).

2. Adequate penalties. The Committee notes the assurances given by the Government that the question of the provisions respecting penalties will be addressed in the context of the current reform of the labour legislation so as to ensure that the penalties established for violations of the labour legislation are sufficiently dissuasive, in accordance with Article 18 of the Convention. It requests the Government to indicate the progress made in the legislative reform in this connection.

3. Publication of an annual report. The Committee notes that no annual report on the labour inspection services has been supplied to the ILO since the communication in 2001 of the annual reports of the Department of Labour for the years 1997, 1998 and 1999. The Committee requests the Government to ensure that an annual report on the inspection services is published and transmitted to the Office within the time limits set out in Article 20 of the Convention and that it contains all the required information, including statistics of occupational diseases, in accordance with Article 21(g) of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes the Government’s report, which responds in part to its previous comments, and the attached observations of the Barbados Employers’ Confederation (BEC) and the Congress of Trade Unions and Staff Associations of Barbados (CTUSAB). The Committee invites the Government to continue providing detailed information on the application of the Convention, particularly with regard to the following aspects.

1. Staffing and resources of the labour inspectorate. The Committee notes that, in the view of the CTUSAB, the number of labour inspectors should be increased and they should be provided with adequate training and additional resources to allow them to do their work effectively. The BEC considers that there is a lack of inspectors to deal with the growing number of complaints. The Government emphasizes that the constantly increasing work load has not been accompanied by the increase in staffing required to handle it. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that the number of labour inspectors is sufficient to secure the effective discharge of their duties, particularly in view of the forthcoming adoption of new legislation on occupational safety and health, which should reinforce their functions in this field (Article 10 of the Convention). It also requests the Government to continue to provide information on the measures adopted to furnish labour inspectors with the necessary transport facilities and to reimburse their travelling expenses (Article 11).

2. Adequate penalties. The Committee notes the assurances given by the Government that the question of the provisions respecting penalties will be addressed in the context of the current reform of the labour legislation so as to ensure that the penalties established for violations of the labour legislation are sufficiently dissuasive, in accordance with Article 18 of the Convention. It requests the Government to indicate the progress made in the legislative reform in this connection.

3. Publication of an annual report. The Committee notes that no annual report on the labour inspection services has been supplied to the ILO since the communication in 2001 of the annual reports of the Department of Labour for the years 1997, 1998 and 1999. The Committee requests the Government to ensure that an annual report on the inspection services is published and transmitted to the Office within the time limits set out in Article 20 of the Convention and that it contains all the required information, including statistics of occupational diseases, in accordance with Article 21(g) of the Convention.

CMNT_TITLE

Also referring to its observation, the Committee notes that the Government’s report has not been received. It must therefore repeat its previous direct request, which read as follows:

Also referring to its observation, the Committee notes the Government’s replies to its previous comments and the annual reports of the Department of Labour for 1997, 1998 and 1999. It asks the Government to provide additional information on the following points.

1. Presence of women on the labour inspection staff. The Committee notes with interest that out of 14 inspectors, nine are women and, of these, two occupy senior positions. The Committee would be grateful if the Government would indicate if effect is given to the provision of Article 8 which provides that special duties may be assigned to men and women inspectors.

2. Transport facilities and reimbursement to labour inspectors of travelling expenses necessary for the performance of their duties (Article 11). The Government indicates that travelling officers are provided with an interest-free loan of 35,000 Barbados dollars for the purchase of a car and that travelling expenses necessary for the performance of their duties are reimbursed to labour inspectors. The Government is asked to indicate the number of vehicles used by labour inspectors for travel necessary for the performance of their duties and to communicate copies of the texts serving as a legal basis for arrangements connected with the reimbursement of travelling expenses for labour inspectors.

3. Notification of occupational diseases to labour inspectors (Articles 14 and 21). Referring to the Committee’s previous comments, concerning the absence of statistics on occupational diseases, the Committee notes that in the annual report of the Department of Labour for 1998 information was received by the Department of Labour in the form of letters from medical practitioners and from employees describing symptoms of respiratory ailments and reporting problems of indoor air quality and ergonomic concerns in the workplace. The Committee reiterates that, under Article 14, labour inspectors must be notified of industrial accidents and cases of occupational disease. In this regard, it calls the attention of the Government to its general observation of 1996 concerning the ILO’s practical guidelines on the "Recording and notification of occupational accidents and diseases", and asks it to take measures to establish the legal obligation to notify cases of occupational disease to labour inspectors, in cases and in a manner to be defined by national law. The Committee hopes that in future  the relevant statistics will be shown, in conformity with Article 21, subparagraph (g), in the annual inspection reports.

4. Dissuasive character of penalties for violations of labour legislation (Article 18). Referring to its previous comments on the derisory character of penalties applicable for violations of legal provisions enforceable by labour inspectors, the Committee notes that the Government has not supplied any information on the announced measures concerning the revision of the method for setting fines, so that they maintain a sufficiently dissuasive character in spite of any monetary fluctuations, following the guidelines given in paragraph 263 of the 1985 General Survey on labour inspection. The Committee hopes that the Government will not fail to provide information in its next report on the implementation of the results of such measures.

5. Publication of annual inspection reports (Article 20). The Committee asks the Government to indicate whether annual inspection reports are published and, if not, to take the measures necessary for this. It would be grateful if the Government would ensure that these reports will be communicated in future to the ILO within the prescribed time limits.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government’s report in which reference is made to the observations of the Barbados Workers’ Union (BWU). According to the above union, the labour inspection services’ main problem is the lack of inspectors to deal with the growing number of complaints. The Committee hopes that the Government will not fail to give its views on the matter in its next report.

The Committee is addressing a request directly to the Government concerning other matters.

CMNT_TITLE

Also referring to its observation, the Committee notes the Government’s replies to its previous comments and the annual reports of the Department of Labour for 1997, 1998 and 1999. It asks the Government to provide additional information on the following points.

1. Presence of women on the labour inspection staff. The Committee notes with interest that out of 14 inspectors, nine are women and, of these, two occupy senior positions. The Committee would be grateful if the Government would indicate if effect is given to the provision of Article 8 which provides that special duties may be assigned to men and women inspectors.

2. Transport facilities and reimbursement to labour inspectors of travelling expenses necessary for the performance of their duties (Article 11). The Government indicates that travelling officers are provided with an interest free loan of 35,000 Barbados dollars for the purchase of a car and that travelling expenses necessary for the performance of their duties are reimbursed to labour inspectors. The Government is asked to indicate the number of vehicles used by labour inspectors for travel necessary for the performance of their duties and to communicate copies of the texts serving as a legal basis for arrangements connected with the reimbursement of travelling expenses for labour inspectors.

3. Notification of occupational diseases to labour inspectors (Articles 14 and 21). Referring to the Committee’s previous comments, concerning the absence of statistics on occupational diseases, the Committee notes that in the annual report of the Department of Labour for 1998 information was received by the Department of Labour in the form of letters from medical practitioners and from employees describing symptoms of respiratory ailments and reporting problems of indoor air quality and ergonomic concerns in the workplace. The Committee reiterates that, under Article 14, labour inspectors must be notified of industrial accidents and cases of occupational disease. In this regard, it calls the attention of the Government to its general observation of 1996 concerning the ILO’s practical guidelines on the "Recording and notification of occupational accidents and diseases", and asks it to take measures to establish the legal obligation to notify cases of occupational disease to labour inspectors, in cases and in a manner to be defined by national law. The Committee hopes that in future  the relevant statistics will be shown, in conformity with Article 21, subparagraph (g), in the annual inspection reports.

4. Dissuasive character of penalties for violations of labour legislation (Article 18). Referring to its previous comments on the derisory character of penalties applicable for violations of legal provisions enforceable by labour inspectors, the Committee notes that the Government has not supplied any information on the announced measures concerning the revision of the method for setting fines, so that they maintain a sufficiently dissuasive character in spite of any monetary fluctuations, following the guidelines given in paragraph 263 of the 1985 General Survey on labour inspection. The Committee hopes that the Government will not fail to provide information in its next report on the implementation of the results of such measures.

5. Publication of annual inspection reports (Article 20). The Committee asks the Government to indicate whether annual inspection reports are published and, if not, to take the measures necessary for this. It would be grateful if the Government would ensure that these reports will be communicated in future to the ILO within the prescribed time limits.

CMNT_TITLE

The Committee notes the Government’s report in which reference is made to the observations of the Barbados Workers’ Union (BWU). According to the above union, the labour inspection services’ main problem is the lack of inspectors to deal with the growing number of complaints. The Committee hopes that the Government will not fail to give its views on the matter in its next report.

The Committee is addressing a request directly to the Government concerning other matters.

CMNT_TITLE

The Committee notes the Government's report as well as the annual report from the Department of Labour for 1994 and 1995 containing information and statistics in respect of Article 21(a) to (f) of the Convention.

The Committee notes the Government's comments on Article 18, under which inspectors may initiate proceedings against employers in cases of contravention; however, to be dissuasive, the penalties imposed should be more severe. In this connection, the Committee refers to paragraph 263 of its 1985 General Survey on labour inspection, and invites the Government to consider the adoption of a method of determining the levels of fines whereby they may be periodically reviewed.

The Committee notes with interest from the statistics of the labour inspection, provided in the annual report mentioned above, that in 1994 inspectors carried out 725 visits in the 873 establishments liable to inspection. Noting that the number of inspections carried out following occupational accidents (94) represents less than a fifth of the total number of accidents occurring during the same period (522), the Committee asks the Government to clarify the criteria for determining occupational accidents which initiate inquiries by the inspection services.

The Committee wishes to draw the Government's attention to the time limits set forth under Article 20 for the publication of the annual inspection reports and their transmission to the ILO. It asks the Government to take the measures necessary to give full effect to this provision and to provide statistics on occupational diseases in the forthcoming annual report in conformity with Article 21(g).

CMNT_TITLE

Articles 10, 11, 16, 20 and 21 of the Convention. Further to its previous comments the Committee notes the statistics on inspections relating to the period ending December 1990 contained in the Government's report and in particular the indication that 740 visits were made to factories and other workplaces including quarries. The Committee also notes the annual reports of the Department of Labour for the years 1984-87 received in September 1995 containing information on labour inspection. The Committee hopes that the Government will be in a position to provide more detailed information on the application of the Convention's main requirement that workplaces be inspected as often and thoroughly as necessary to ensure the effective application of legal provisions. It also hopes that the Government will publish and send to the ILO annual inspection reports containing information on all the subjects listed in Article 21 within the time-limits fixed in Article 20.

CMNT_TITLE

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:

Articles 10, 11, 16, 20 and 21 of the Convention. Further to its previous comments, the Committee notes that the Labour Market Information Newsletter for 1991 and the Labour Market Information Report for 1989 contain very partial information relating to occupational accidents and numbers of workers. They show that there was in 1989 a 50 per cent increase in reported accidents at work over the 1988 figures, and that a total of 4,360 claims were made to the National Insurance Scheme, relating to occupational injuries, representing almost a 100 per cent increase on the 1988 figures. The Committee hopes the Government will supply a full report on the Convention, indicating how effect is given to the Convention's main requirement that workplaces should be inspected as often and thoroughly as necessary to ensure the effective application of legal provisions. Inspection services should be adequately staffed and resourced; an annual inspection report containing all the information referred to in Article 21 should be published.

CMNT_TITLE

Articles 10, 11, 16, 20 and 21 of the Convention. Further to its previous comments, the Committee notes that the Labour Market Information Newsletter for 1991 and the Labour Market Information Report for 1989 contain very partial information relating to occupational accidents and numbers of workers. They show that there was in 1989 a 50 per cent increase in reported accidents at work over the 1988 figures, and that a total of 4,360 claims were made to the National Insurance Scheme, relating to occupational injuries, representing almost a 100 per cent increase on the 1988 figures. The Committee hopes the Government will supply a full report on the Convention, indicating how effect is given to the Convention's main requirement that workplaces should be inspected as often and thoroughly as necessary to ensure the effective application of legal provisions. Inspection services should be adequately staffed and resourced; an annual inspection report containing all the information referred to in Article 21 should be published.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It must therefore repeat its previous comments which read as follows:

Article 20 of the Convention. The Committee notes the annual report of the Department of Labour for 1983. It hopes that in future annual reports will be published and transmitted to the ILO in the time-limits set forth in Article 20.

CMNT_TITLE

Article 20 of the Convention. The Committee notes the annual report of the Department of Labour for 1983. It hopes that in future annual reports will be published and transmitted to the ILO in the time-limits set forth in Article 20.