Labour Inspection Convention, 1947 (No. 81) - Saint Vincent and the Grenadines (RATIFICATION: 1998)

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Previous comments: observation and direct request

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

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Adequate training of labour inspectors. In response to the Committee’s previous comment, the Government, indicates that it is allocating the necessary resources to enable effective discharge of inspection services, including appropriate training to experienced and recently recruited labour inspectors, and has provided a copy of the agenda of a training workshop held in 2021 on labour inspection administration. While taking note of this information, the Committee requests the Government to continue to pursue its efforts to ensure that all labour inspectors, including occupational safety and health inspectors, receive appropriate training for the discharge of their duties and to provide information on the content, frequency and duration of any training given to new or recently transferred inspectors, as well as similar information with respect to training for more experienced inspectors.

Article 11 of Convention No. 81 and Article 15 of Convention No. 129. Transportation facilities. In response to the Committee’s previous comment, the Government indicates that it is allocating travelling allowances and mileage claims to labour inspectors. The Committee notes the Government’s indication that (i) all labour officers have privately owned vehicles; (ii) vehicles from the Ministry of Agriculture, Forestry, Fisheries, Rural Transformation, Industry, and Labour are made available to the various units on a need basis; and (iii) that there are transportation arrangements with two cargo vessels, to facilitate the transportation of labour officers to the Grenadines for the conduct of inspection visits.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of occupational accidents and cases of occupational disease. Following its previous comment, the Committee notes the Government’s indication that sections 5 and 6 of the Accidents and Occupational Diseases (Notification) Act, 1952, provides for notification of the labour inspectorate of cases of occupational accidents and diseases. The Committee also notes that the Occupational Safety and Health (OSH) Act, 2017 has not been proclaimed by the Governor General. The Committee requests the Government to provide information on the number and nature of occupational accidents and disease notified in practice to the labour inspectorate. It also requests the Government to provide a copy of the OSH Act, once proclaimed.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the labour inspection services. The Committee notes the Government’s indication about the revisions made to the Labour Market Information System (LMIS) with assistance from the ILO Office in the Caribbean. The Government indicates that it has published the reports for 2019 and 2020 and is currently compiling data for the 2021 and 2022 reports. The Committee notes that the 2019 report has not been sent to the Office and it does not appear to be available online. The Committee requests the Government: (i) to publish the periodic reports on the activities of the labour inspectorate; (ii) to ensure they are transmitted to the ILO; and (iii) to ensure that they contain information on all the subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention 129.

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Previous comments: observation and direct request

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

Articles 3(2), 10, 16, 17 and 18 of Convention No. 81 and Articles 6(3), 14, 21, 22 and 24 of Convention No. 129. Functions assigned to labour inspectors. Number of inspectors, number of inspection visits and enforcement. Following its previous comment, the Committee notes the Government’s indication that there are currently six officers who act as labour inspectors (five in 2020), and that five positions for occupational safety and health (OSH) inspectors remain vacant. The Government indicates that 23 inspection visits have been conducted, including in the agricultural sector, and that five violations were detected. Accordingly, improvement notices were issued for underpaying workers, non-payments of overtime, and absence of fire extinguishers on the premises. With regard to functions carried out by labour inspectors, the Committee notes the Government’s indication that 95 percent of labour inspectors’ time is spent performing their main functions, which are to investigate individual complaints, ensure that labour laws are adhered to and inspect workplaces to ensure the workplace is conducive for work. The Committee also notes that according to the job descriptions provided by the Government, labour officers and senior labour officers are engaged in some conciliation function in relation to individual complaints and that approximately 50 percent of the activities performed by senior labour officers relate to employment and labour market research. The Committee encourages the Government to continue to pursue its efforts to ensure that the labour inspection services have at their disposal an adequate number of labour inspectors, including OSH inspectors, to enable them to effectively carry out their duties and that workplaces are inspected as often and as thoroughly as is necessary. In this respect, it requests the Government to continue to provide information on: (i) the number of labour inspectors (including OSH inspectors), indicating the number of inspectors recruited as labour officers and as senior labour officers; (ii) the number of inspection visits undertaken each year, specifying the number of inspections in the agricultural sector; and (iii) the results of those inspections, such as the number of violations detected, and penalties imposed. The Committee requests the Government to indicate the measures taken to ensure the filling of the vacant positions of OSH inspectors, and to indicate whether the compensation and other terms and conditions of employment for OSH inspectors are equivalent or comparable to those for labour inspectors.

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

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

Article 11 of Convention No. 81 and Article 15 of Convention No. 129. Transportation facilities. Following its previous comment, the Committee notes the Government’s indication that every labour officer receives a travel allowance, which is payable only if the officer is also the registered owner of the vehicle used. In this regard, the Committee takes note of the Schedule of Traveling Allowance, the Mileage Claim Form and the Certificate for Transport Allowance transmitted by the Government with its report. Noting an absence of information in reply to its previous request, the Committee once again requests the Government to provide information on the number of vehicles at the disposal of the labour inspectorate for the conduct of inspection visits.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of occupational accidents and cases of occupational disease. The Committee previously noted that the Occupational Safety and Health Bill, once adopted, would give effect to Article 14 of Convention No. 81 by providing for the notification of the labour inspectorate of industrial accidents and cases of occupational diseases.

The Committee notes the Government’s indication in its report that the Occupational Safety and Health (OSH) Act, 2017 has been passed by the Parliament but remains unenforced since it has not yet been proclaimed. The Committee requests the Government to pursue its efforts to ensure the notification of the labour inspectorate of occupational accidents and cases of occupational diseases, and to provide a copy of the OSH Act, once proclaimed.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the labour inspection services. In its previous comments, the Committee noted that technical assistance was provided by the Office for the implementation of the Labour Market Information System (LMIS), which contains statistics on labour inspection and was intended to be used to record and generate reports on labour inspections. The Committee notes the Government’s indication that it is still not in a position to publish the annual labour inspection reports as was envisaged through the establishment of the LMIS, which remains functional at best. The Committee notes that the shortage of human resources at the Department of Labour creates a significant challenge for the Government to regularly and accurately enter data into the system. Taking note of the difficulties identified by the Government, the Committee requests the Government to provide information on the measures it is taking to address these difficulties. It requests the Government to strengthen its efforts to ensure the establishment and publication of an annual report on the work of the inspection services, in conformity with Article 20 of Convention No. 81 and Article 26 of Convention No. 129, containing the information on all the matters listed under Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

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

Articles 3(2), 10, 16, 17 and 18 of Convention No. 81 and Articles 6(3), 14, 21, 22 and 24 of Convention No. 129. Additional functions assigned to labour inspectors. Number of inspectors, number of inspection visits and enforcement. With regard to its previous comment regarding the limited staff available at the Department of Labour to discharge of the duties of the inspectorate, the Committee notes the Government’s indication in its report that the situation remains the same due to national budgetary constraints and the relatively high rate of turnover for labour officers during the last five years. The Committee further notes that there are currently five officers who act as labour inspectors, but that they also perform other duties beside inspections. However, the Government states that a number of occupational safety and health (OSH) inspectors will be recruited following the promulgation of the OSH Act.

The Committee notes that 41 inspection visits were conducted in 2019 and 12 more visits between January and August 2020. In 2019, these inspection visits were conducted in shops, workplaces of professionals, hotels, industrial workplaces, in the workplaces of domestic workers and security workers. No inspection visits were conducted in the agricultural sector that year. It notes in this respect the Government’s indication that there has been a significant decline in the number of workers in the agricultural sector over the last 15 years.

The Committee recalls that, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties, as defined in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. Taking note of the national budgetary constraints, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that the labour inspection services have at their disposal an adequate number of labour inspectors to enable them to effectively carry out their duties and that workplaces are inspected as often and as thoroughly as is necessary. In this respect, it requests the Government to continue to provide information on the number of labour inspectors (including OSH inspectors) and the number of inspection visits undertaken, including the number of inspection visits undertaken in the agricultural sector. It once again requests the Government to provide information on the results of those inspections, such as the number of violations detected and penalties imposed. Lastly, the Committee requests the Government to specify all the other functions carried out by the officials entrusted with labour inspection functions and to provide information on the amount of time spent by those officials on such other functions.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Adequate training of labour inspectors. Following its previous comment, the Committee notes the Government’s indication that no training has been provided to labour inspectors since 2011 and that the majority of officers who have been trained are no longer employed by the Department of Labour. The Government states that new officers were transferred from other government Ministries or Departments and received only on-the-job training from the more experienced officers remaining in the Department. The Committee requests the Government to intensify its efforts to ensure that all labour inspectors receive appropriate training for the discharge of their duties and to provide information on the content, frequency and duration of any training given to new or recently transferred inspectors, as well as similar information with respect to training for more experienced inspectors.

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

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The Committee notes with deep 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. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 10, 16, 17 and 18 of the Convention. Number of inspectors, number of inspection visits and enforcement. The Committee notes that the Government has not provided the requested information on the prevention and enforcement activities by the Department of Labour during the reporting period, and that no relevant statistical information has been provided, such as on the number of inspections, infringements of the law or measures with immediate force in the event of imminent danger to the health or safety of workers.

With regard to the available human resources, the Committee notes the Government’s indications that the limited staff at the Department of Labour does not allow for an acceptable amount of workplace inspections, that is, only four labour officers are carrying out labour inspection functions, in addition to the other functions with which they are entrusted. The Committee also notes the Government’s reference to measures for an increased number of labour inspections per labour officer as from 2013 without providing further information.

With reference to its previous comments on the insufficient number of labour inspectors and labour inspections and the absence of any prosecutions for labour law violations, the Committee expresses the firm hope that on the occasion of yearly budgetary decisions, the comprehensive statistical labour inspection reports, which according to the Government, are expected to be published separately as from 2014, will allow the Labour Department to draw the attention of the competent authorities to the specific needs of the labour inspection system for more human resources in order to better ensure law enforcement in the area of conditions of work, and the protection of workers while engaged in their work. The Committee once again requests the Government to endeavour to the fullest possible extent to ensure that adequate human resources are allocated to the labour inspectorate with due regard for the importance of the duties which inspectors have to perform and the number of workplaces liable to inspections and the workers employed therein. In this regard, it requests the Government to provide further information on the above measures referred to by the Government and whether it is envisaged, in the framework of the current legislative reform, to create new positions for labour inspectors, which are solely charged with the enforcement of legal provisions relating to conditions of work and the protection of workers while engaged in their work.

With reference to its observation under this Convention, the Committee requests the Government to provide with its next report information as detailed as possible on the industrial and commercial places liable to inspection, the number of labour inspectors and inspection visits, as well as the results of inspections (that is, the number of violations detected, the legal provisions to which they relate, sanctions applied if applicable, etc.). Please include such information in the annual reports on labour inspection.

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The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Legislation. The Committee notes with interest that an Occupational Safety and Health (OSH) Bill has been developed in cooperation with the ILO, which addresses several of the previous points raised by the Committee (such as the powers of labour inspectors provided for under Article 13 of the Convention, the notification of the labour inspectorate of industrial accidents and cases of occupational diseases provided for under Article 14, etc.), and that relevant national consultations with various stakeholders, including employers’ and workers’ representatives, are currently being held. The Committee asks the Government to continue to keep the ILO informed of any progress made in the adoption of this Bill and to communicate a copy of the relevant OSH Act, once adopted. It expresses the hope that this OSH Act will give full effect to the Convention.

Articles 20 and 21 of the Convention. Annual report on the work of the labour inspection services. The Committee notes that, once again, no annual labour inspection report has been received by the Office, nor has any statistical information been communicated by the Government. It notes the Government’s indication according to which ongoing technical assistance is provided by the Office for the implementation of the Labour Market Information System (LMIS) which, as the Committee had previously noted, contains statistics on labour inspection and is intended to be used to record and generate reports on labour inspections. It also notes the Government’s indications that comprehensive statistical labour inspection reports are expected to be published separately as from 2014, provided that inspection data are correctly and regularly entered in the LMIS database. The Committee requests the Government to make every effort, including the training of staff in the use and operation of the LMIS, to allow the central labour authority to publish and communicate to the ILO, together with its next report due in 2016, an annual labour inspection report containing full information as required under Article 21(a)–(g) of the Convention. The Committee recalls also that the Government could make use of the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), concerning the type of information that should be included in a labour inspection report.

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

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

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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 initially made in 2013.

Repetition

Articles 10, 16, 17 and 18 of the Convention. Number of inspectors, number of inspection visits and enforcement. The Committee notes that the Government has not provided the requested information on the prevention and enforcement activities by the Department of Labour during the reporting period, and that no relevant statistical information has been provided, such as on the number of inspections, infringements of the law or measures with immediate force in the event of imminent danger to the health or safety of workers.

With regard to the available human resources, the Committee notes the Government’s indications that the limited staff at the Department of Labour does not allow for an acceptable amount of workplace inspections, that is, only four labour officers are carrying out labour inspection functions, in addition to the other functions with which they are entrusted. The Committee also notes the Government’s reference to measures for an increased number of labour inspections per labour officer as from 2013 without providing further information.

With reference to its previous comments on the insufficient number of labour inspectors and labour inspections and the absence of any prosecutions for labour law violations, the Committee expresses the firm hope that on the occasion of yearly budgetary decisions, the comprehensive statistical labour inspection reports, which according to the Government, are expected to be published separately as from 2014, will allow the Labour Department to draw the attention of the competent authorities to the specific needs of the labour inspection system for more human resources in order to better ensure law enforcement in the area of conditions of work, and the protection of workers while engaged in their work. The Committee once again requests the Government to endeavour to the fullest possible extent to ensure that adequate human resources are allocated to the labour inspectorate with due regard for the importance of the duties which inspectors have to perform and the number of workplaces liable to inspections and the workers employed therein. In this regard, it requests the Government to provide further information on the above measures referred to by the Government and whether it is envisaged, in the framework of the current legislative reform, to create new positions for labour inspectors, which are solely charged with the enforcement of legal provisions relating to conditions of work and the protection of workers while engaged in their work.

With reference to its observation under this Convention, the Committee requests the Government to provide with its next report information as detailed as possible on the industrial and commercial places liable to inspection, the number of labour inspectors and inspection visits, as well as the results of inspections (that is, the number of violations detected, the legal provisions to which they relate, sanctions applied if applicable, etc.). Please include such information in the annual reports on labour inspection.

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The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2013.

Repetition

Legislation. The Committee notes with interest that an Occupational Safety and Health (OSH) Bill has been developed in cooperation with the ILO, which addresses several of the previous points raised by the Committee (such as the powers of labour inspectors provided for under Article 13 of the Convention, the notification of the labour inspectorate of industrial accidents and cases of occupational diseases provided for under Article 14, etc.), and that relevant national consultations with various stakeholders, including employers’ and workers’ representatives, are currently being held. The Committee asks the Government to continue to keep the ILO informed of any progress made in the adoption of this Bill and to communicate a copy of the relevant OSH Act, once adopted. It expresses the hope that this OSH Act will give full effect to the Convention.

Articles 20 and 21 of the Convention. Annual report on the work of the labour inspection services. The Committee notes that, once again, no annual labour inspection report has been received by the Office, nor has any statistical information been communicated by the Government. It notes the Government’s indication according to which ongoing technical assistance is provided by the Office for the implementation of the Labour Market Information System (LMIS) which, as the Committee had previously noted, contains statistics on labour inspection and is intended to be used to record and generate reports on labour inspections. It also notes the Government’s indications that comprehensive statistical labour inspection reports are expected to be published separately as from 2014, provided that inspection data are correctly and regularly entered in the LMIS database. The Committee requests the Government to make every effort, including the training of staff in the use and operation of the LMIS, to allow the central labour authority to publish and communicate to the ILO, together with its next report due in 2016, an annual labour inspection report containing full information as required under Article 21(a)–(g) of the Convention. The Committee recalls also that the Government could make use of the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), concerning the type of information that should be included in a labour inspection report.

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

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

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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

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

Articles 10, 16, 17 and 18 of the Convention. Number of inspectors, number of inspection visits and enforcement. The Committee notes that the Government has not provided the requested information on the prevention and enforcement activities by the Department of Labour during the reporting period, and that no relevant statistical information has been provided, such as on the number of inspections, infringements of the law or measures with immediate force in the event of imminent danger to the health or safety of workers.

With regard to the available human resources, the Committee notes the Government’s indications that the limited staff at the Department of Labour does not allow for an acceptable amount of workplace inspections, that is, only four labour officers are carrying out labour inspection functions, in addition to the other functions with which they are entrusted. The Committee also notes the Government’s reference to measures for an increased number of labour inspections per labour officer as from 2013 without providing further information.

With reference to its previous comments on the insufficient number of labour inspectors and labour inspections and the absence of any prosecutions for labour law violations, the Committee expresses the firm hope that on the occasion of yearly budgetary decisions, the comprehensive statistical labour inspection reports, which according to the Government, are expected to be published separately as from 2014, will allow the Labour Department to draw the attention of the competent authorities to the specific needs of the labour inspection system for more human resources in order to better ensure law enforcement in the area of conditions of work, and the protection of workers while engaged in their work. The Committee once again requests the Government to endeavour to the fullest possible extent to ensure that adequate human resources are allocated to the labour inspectorate with due regard for the importance of the duties which inspectors have to perform and the number of workplaces liable to inspections and the workers employed therein. In this regard, it requests the Government to provide further information on the above measures referred to by the Government and whether it is envisaged, in the framework of the current legislative reform, to create new positions for labour inspectors, which are solely charged with the enforcement of legal provisions relating to conditions of work and the protection of workers while engaged in their work.

With reference to its observation under this Convention, the Committee requests the Government to provide with its next report information as detailed as possible on the industrial and commercial places liable to inspection, the number of labour inspectors and inspection visits, as well as the results of inspections (that is, the number of violations detected, the legal provisions to which they relate, sanctions applied if applicable, etc.). Please include such information in the annual reports on labour inspection.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Legislation. The Committee notes with interest that an Occupational Safety and Health (OSH) Bill has been developed in cooperation with the ILO, which addresses several of the previous points raised by the Committee (such as the powers of labour inspectors provided for under Article 13 of the Convention, the notification of the labour inspectorate of industrial accidents and cases of occupational diseases provided for under Article 14, etc.), and that relevant national consultations with various stakeholders, including employers’ and workers’ representatives, are currently being held. The Committee asks the Government to continue to keep the ILO informed of any progress made in the adoption of this Bill and to communicate a copy of the relevant OSH Act, once adopted. It expresses the hope that this OSH Act will give full effect to the Convention.

Articles 20 and 21 of the Convention. Annual report on the work of the labour inspection services. The Committee notes that, once again, no annual labour inspection report has been received by the Office, nor has any statistical information been communicated by the Government. It notes the Government’s indication according to which ongoing technical assistance is provided by the Office for the implementation of the Labour Market Information System (LMIS) which, as the Committee had previously noted, contains statistics on labour inspection and is intended to be used to record and generate reports on labour inspections. It also notes the Government’s indications that comprehensive statistical labour inspection reports are expected to be published separately as from 2014, provided that inspection data are correctly and regularly entered in the LMIS database. The Committee requests the Government to make every effort, including the training of staff in the use and operation of the LMIS, to allow the central labour authority to publish and communicate to the ILO, together with its next report due in 2016, an annual labour inspection report containing full information as required under Article 21(a)–(g) of the Convention. The Committee recalls also that the Government could make use of the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), concerning the type of information that should be included in a labour inspection report.

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

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

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

Articles 10, 16, 17 and 18 of the Convention. Number of inspectors, number of inspection visits and enforcement. The Committee notes that the Government has not provided the requested information on the prevention and enforcement activities by the Department of Labour during the reporting period, and that no relevant statistical information has been provided, such as on the number of inspections, infringements of the law or measures with immediate force in the event of imminent danger to the health or safety of workers. It further notes that the last Statistical Report on the website of the Department of Labour relates to 2009–10, which has already been noted in the Committee’s last comment.

With regard to the available human resources, the Committee notes the Government’s indications that the limited staff at the Department of Labour does not allow for an acceptable amount of workplace inspections, that is, only four labour officers are carrying out labour inspection functions, in addition to the other functions with which they are entrusted. The Committee also notes the Government’s reference to measures for an increased number of labour inspections per labour officer as from 2013 without providing further information.

With reference to its previous comments on the insufficient number of labour inspectors and labour inspections and the absence of any prosecutions for labour law violations, the Committee expresses the firm hope that on the occasion of yearly budgetary decisions, the comprehensive statistical labour inspection reports, which according to the Government, are expected to be published separately as from 2014, will allow the Labour Department to draw the attention of the competent authorities to the specific needs of the labour inspection system for more human resources in order to better ensure law enforcement in the area of conditions of work, and the protection of workers while engaged in their work. The Committee once again requests the Government to endeavour to the fullest possible extent to ensure that adequate human resources are allocated to the labour inspectorate with due regard for the importance of the duties which inspectors have to perform and the number of workplaces liable to inspections and the workers employed therein. In this regard, it requests the Government to provide further information on the above measures referred to by the Government and whether it is envisaged, in the framework of the current legislative reform, to create new positions for labour inspectors, which are solely charged with the enforcement of legal provisions relating to conditions of work and the protection of workers while engaged in their work.

With reference to its observation under this Convention, the Committee requests the Government to provide with its next report information as detailed as possible on the industrial and commercial places liable to inspection, the number of labour inspectors and inspection visits, as well as the results of inspections (that is, the number of violations detected, the legal provisions to which they relate, sanctions applied if applicable, etc.). Please include such information in the annual reports on labour inspection.

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Legislation. The Committee notes with interest that an Occupational Safety and Health (OSH) Bill has been developed in cooperation with the ILO, which addresses several of the previous points raised by the Committee (such as the powers of labour inspectors provided for under Article 13 of the Convention, the notification of the labour inspectorate of industrial accidents and cases of occupational diseases provided for under Article 14, etc.), and that relevant national consultations with various stakeholders, including employers’ and workers’ representatives, are currently being held. The Committee asks the Government to continue to keep the ILO informed of any progress made in the adoption of this Bill and to communicate a copy of the relevant OSH Act, once adopted. It expresses the hope that this OSH Act will give full effect to the Convention.

Articles 20 and 21 of the Convention. Annual report on the work of the labour inspection services. The Committee notes that, once again, no annual labour inspection report has been received by the Office, nor has any statistical information been communicated by the Government. It notes the Government’s indication according to which ongoing technical assistance is provided by the Office for the implementation of the Labour Market Information System (LMIS) which, as the Committee had previously noted, contains statistics on labour inspection and is intended to be used to record and generate reports on labour inspections. It also notes the Government’s indications that comprehensive statistical labour inspection reports are expected to be published separately as from 2014, provided that inspection data are correctly and regularly entered in the LMIS database. The Committee requests the Government to make every effort, including the training of staff in the use and operation of the LMIS, to allow the central labour authority to publish and communicate to the ILO, together with its next report due in 2016, an annual labour inspection report containing full information as required under Article 21(a)–(g) of the Convention. The Committee recalls also that the Government could make use of the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), concerning the type of information that should be included in a labour inspection report.

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

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Articles 10, 16, 17 and 18 of the Convention. Number of inspectors, number of inspection visits and enforcement. The Committee observes that, according to the statistical report of the Department of Labour for 2009–10, inspection visits increased by 21 per cent. However, out of the 1,716 workplaces liable to inspection, only 71 workplaces were inspected, and out of the 19,653 total workers employed in the country, only 785 workers were employed in the inspected workplaces. Furthermore, the number of complaints declined by 19 per cent, injuries reported were 39 per cent less than in 2009, and the number of individual cases adjudicated by the hearing officer dropped by 47 per cent.

The Committee also notes that, according to the Government’s report, as a result of the economic downturn and of the country’s financial challenges, the Government is still not in a position to address the Committee’s concern on the limited number of labour inspectors and that it undertakes to do so once the economic situation improves.

The Committee recalls that, according to Article 16 of the Convention, workplaces should be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. Recalling also from its previous comments that no employer has ever been prosecuted for violation of the law, the Committee once again recalls that labour inspection activities call for an appropriate balance of pedagogic, preventive and repressive measures which means that labour inspectors should be in a position to verify whether their advice and warnings were taken into consideration by the employers found in violation and, if that is not the case, to make use of legal proceedings (Articles 17 and 18). The Committee also recalls that labour inspectors should be in a position to take steps with a view to remedying defects observed in plant, layout or working methods which they may have reasonable cause to believe constitute a threat to the health or safety of the workers and to order measures with immediate executory force in the event of imminent danger to the health or safety of the workers (Article 13). The Committee once again requests the Government to take all the necessary measures in the near future to strengthen the labour inspection services so that they can effectively exercise their functions in terms of control, prevention and advice. In particular, the Committee would be grateful if the Government would indicate the activities, in the areas of both prevention and enforcement, carried out by the labour inspectorate during the reporting period, including the number of measures with immediate executory force issued by the labour inspectorate in case of imminent danger to the health or safety of the workers.

Drawing attention to the socio-economic importance of the objectives assigned to the labour inspection services, the Committee requests the Government to endeavour to the fullest possible extent to ensure that adequate human resources are allocated to the labour inspectorate with due regard for the importance of the duties which inspectors have to perform (Article 10). The Committee hopes that the newly established labour market information system will enable the Government to assess the needs of the labour inspection system in terms of human resources and requests the Government to keep the ILO informed of any measure taken or envisaged with regard to the above.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee requests the Government to describe the system of recording and notification of industrial accidents and the cases of occupational disease, and to indicate the role of the labour inspectorate in this framework. Please also specify the grounds on which reported cases of injuries can be “approved” or “rejected”, and provide copies of related legal provisions. The Committee draws the Government’s attention in this regard to the ILO code of practice on the recording and notification of occupational accidents and diseases which offers guidance on the collection, recording and notification of reliable data and the effective use of such data for preventive action (available at: www.ilo.org/safework/normative/codes/lang--en/docName--WCMS_107800/ index.htm.

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Articles 20 and 21 of the Convention. Reporting obligations on the activities of the labour inspection services. The Committee notes that, according to the Government’s report, the Saint Vincent and the Grenadines Labour Market Information System has been established with technical assistance provided by the ILO Office in Port of Spain and contains statistics on labour inspection, such as the number and causes of complaints, the number of inspection visits per sector, employment injuries and decisions of the Hearing Officer and tribunal decisions.

The Committee requests the Government to indicate the measures taken or envisaged to ensure that the new system will allow the labour inspection central authority to publish and communicate to the ILO in the very near future and on an annual basis a report on the work of the services placed under its supervision and control, containing the information indicated in items (a)–(g) of Article 21. The Committee would be grateful if the Government would indicate any progress made and any difficulties encountered in this regard. The Committee draws once again the Government’s attention to the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), as to the type of information that should be included in annual labour inspection reports.

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

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Also referring to its observation, the Committee draws the Government’s attention to the following.

Articles 10, 16, 17 and 18 of the Convention. Need for more human resources for more inspection activities and better enforcement results. The Committee notes with concern that the number of officers assigned to labour inspection activities throughout the country is insufficient with regard to distances between the islands and the needed air transport facilities. The Government indicates in particular that these officers are also invested with other functions, which leads to a limited number of inspections done yearly. Moreover, according to the Government, the records show that no employer has ever been prosecuted for violation of the law. The Committee hopes that on the occasion of yearly budgetary decisions the labour market information system in preparation will allow the Labour Department to draw the attention of the competent authorities to the specific needs of the labour inspection system for more human resources in order to better ensure law enforcement in the area of conditions of work, and the protection of workers while engaged in their work. The Committee recalls that labour inspection activities call for an appropriate balance of pedagogic and repressive measures which means that labour inspectors should be in a position to verify whether their advice and warnings were taken into consideration by the employers found in violation and, in the negative, to make use of legal proceedings. The Committee would be grateful if the Government would take all necessary measures to this end and to keep the ILO duly informed of any progress.

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Articles 20 and 21 of the Convention. Reporting obligations on the activities of the labour inspection services. The Committee notes with interest the indication in reply to its request of 2008 that the Department of Labour is in the process of establishing a labour market information system with technical assistance provided by the ILO Subregional Office in Port-of-Spain. According to the Government, as of 31 July 2009, all preliminary and follow-up consultations with key stakeholders, including employers’ and workers’ representatives, had already been concluded and all existing forms had been revised and new forms and electronic databases created. Moreover, the training of staff in the use and operation of the new system was due to have been completed by the end of September 2009 and the system is expected to be functional by 31 July 2010. The Government is of the view that, once operational, the system will significantly assist the Department of Labour in generating in an efficient and timely manner a wide range of labour market statistics including those on labour inspection. The Committee requests the Government to ensure that the new system will allow the labour inspection central authority to publish and communicate to the ILO in the very near future and on an annual basis a report on the work of the services placed under its supervision and control, and that the report contains the information indicated in points (a)–(g) of Article 21. The Committee would be grateful if the Government would indicate any progress made and any difficulties encountered.

The Committee hopes that the Government will make use of the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81) to this end.

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

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Articles 20 and 21 of the Convention. Annual report on the work of the labour inspection services. The Committee notes the statistics on the enterprises inspected between January and June 2006 (73) and in 2004 (107), and the indications of the type of violations reported in 2004. In order to have an overview of the operation of the system and assess its effectiveness in relation to the Convention, other information is required, such as the number of workplaces liable to inspection and the number of workers covered, the staff of the inspection services, the penalties applied, and cases of employment accidents and occupational diseases. This information should be published annually so that it can be brought to the knowledge of the social partners to enable them to express their points of view for the purpose of improving the inspection system. The regular transmission to the Office of an annual report provides the ILO supervisory bodies with the necessary information to discharge their functions and offers appropriate support to the Government with a view to improving the application of the Convention and achieving its objectives. In this respect, noting the commitment of the Department of Labour to publish annual reports in future, the Committee trusts that the necessary conditions will soon be established for this purpose and for the communication to the Office of such reports within the time limits established in Article 20, either as part of the reports of the Department of Labour or separately.

The Committee requests the Government in any event to provide with its next report information that is as detailed as possible on the inspection system as a whole (structure, staffing, premises and material resources available, industrial and commercial places liable to inspection, results of inspections, follow-up by the courts where appropriate, etc.), with an indication of any difficulties encountered by inspectors in the discharge of their functions.

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Publication of an annual report. The Committee notes that the Government indicates in its report that although annual reports are prepared by the Department of Labour, they are mainly for internal use. The Committee recalls that Article 20 of the Convention requires that an annual report on the activities of the labour inspection service is not only to be prepared but also published within a reasonable time and transmitted to the ILO. The Committee hopes that the Government will soon be able to indicate that an annual report has been published containing the information required in Article 21 of the Convention, either in the appropriate part of the annual report of the Department of Labour or in the form of a separate report.

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The Committee notes with interest the transmission of the annual report of the Labour Office containing information on the activities of the Labour Inspectorate in 2002 and the attached legislation. The Government is asked, on the one hand, to indicate whether this annual report is published as required by Article 20 of the Convention and, on the other hand, to ensure that updated information on each of the items specified by points (a) to (g) of Article 21 will be included in such report in the future.

Recalling that, in accordance with article 23, paragraph 2, of the ILO Constitution, the Government’s report on the application of the Convention shall be communicated to the most representative employers’ and workers’ organizations, the Committee requests the Government to forward any comments made by these organizations on the manner in which the Convention is applied.

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The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the information contained in the Government’s first report indicating the effect given to each of the provisions of the Convention. It also notes the provisions of the Accidents and Occupational Diseases (Notification) Act, No. 24 of 1952, as amended. However, the Committee notes that the annual inspection report, which the Government indicated had been forwarded, has not been received by the ILO. It trusts that in future an annual report will be published and forwarded to the ILO in the form and within the time limits set out in Article 20 of the Convention, and that it will contain information on each of the subjects indicated in Article 21, so that the Committee has the practical elements available to assess the extent to which the Convention is applied.

The Committee requests the Government to provide the ILO with copies of the laws and regulations respecting the organization and operation of the labour inspection system.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the information contained in the Government’s first report indicating the effect given to each of the provisions of the Convention. It also notes the provisions of the Accidents and Occupational Diseases (Notification) Act, No. 24 of 1952, as amended. However, the Committee notes that the annual inspection report, which the Government indicated had been forwarded, has not been received by the ILO. It trusts that in future an annual report will be published and forwarded to the ILO in the form and within the time limits set out in Article 20 of the Convention, and that it will contain information on each of the subjects indicated in Article 21, so that the Committee has the practical elements available to assess the extent to which the Convention is applied.

The Committee requests the Government to provide the ILO with copies of the laws and regulations respecting the organization and operation of the labour inspection system.

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The Committee notes with interest the information contained in the Government’s first report indicating the effect given to each of the provisions of the Convention. It also notes the provisions of the Accidents and Occupational Diseases (Notification) Act, 1952, as amended. However, the Committee notes that the annual inspection report, which the Government indicated had been forwarded, has not been received by the ILO. It trusts that in future an annual report will be published and forwarded to the ILO in the form and within the time limits set out in Article 20 of the Convention, and that it will contain information on each of the subjects indicated in Article 21, so that the Committee has the practical elements available to assess the extent to which the Convention is applied.

The Committee requests the Government to provide the ILO with copies of the laws and regulations respecting the organization and operation of the labour inspection system.