Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Labour Inspectorates (Non-Metropolitan Territories) Convention, 1947 (No. 85) - British Virgin Islands

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The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, confirmed the classification of Convention No. 85 as an outdated instrument, and has placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also called upon the ILO and its tripartite constituents to take appropriate measures including follow-up action involving abrogation and withdrawal of outdated standards, giving due consideration to the availability of technical assistance to encourage ratification of up-to-date instruments.

The Committee takes due note of the Government’s indications, in reply to the Committee previous request, that it is willing to seek technical assistance with respect to the application of the Labour Inspection Convention, 1947 (No. 81). The Committee understands that the current national practice for the extension of treaties, including ILO Conventions, is that the authorities in the non-metropolitan territories would first have to make a request of an extension of the application to the department of the Government with responsibility for the instrument in question. The Committee hopes that the technical assistance requested will be provided in the near future. It also requests the Government to provide information on any requests made by the British Virgin Islands to extend the application of Convention No. 81 to the territory.

Article 2 of the Convention. Training of labour inspectors. In reply to the committee’s previous comments, the Government indicates that labour inspectors have not received any training since March 2019. In this regard, the Government adds that a mediation training was proposed for the end of 2022. The Committee requests the Government to continue to pursue its efforts to ensure that labour inspectors are suitably trained, and to continue to provide information on the training provided, including the subjects covered, the frequency of training sessions, the number of inspectors participating, and the results achieved.

Application of the Convention in practice. The committee notes that in reply to its previous request, the Government indicates that to address the issue of underreporting of workplace accidents, the Labour Protection Unit at the Department of Labour and Workforce Development conducts regular workplace inspections. The Government further indicates its commitment in reducing such accidents through a comprehensive approach aligned with the international OSH standards. Moreover, the Government indicates that the Labour Protection Unit is also involved in regular business surveillance, collaborating with the Immigration and Customs Departments’ Surveillance teams, and in providing advice to businesses as to labour concerns regarding health and safety issues. The Committee further notes the Government’s indication that the annual investigations and inspections carried out during a festival taking place in the month of August were suspended in 2020 and 2021 due to the COVID-19 pandemic but would resume in August 2022.

Finally, the Committee takes note of the statistical information provided by the Government in relation to the inspections undertaken, the infringements detected, the stop orders issued, and the workplaces accidents reported from 2019 to 2020. The Committee notes that for reports after 2019, there is no information available about occupational safety and health. The Committee further notes the Government’s indication that workplace accidents continue to remain underreported, with six accidents reported in 2019 and two in 2020. The Committee requests the Government to continue pursuing its efforts to address the underreporting of workplace accidents to the labour inspectorate. It also requests the Government to continue to provide statistical information on the application of the Convention in practice, including information addressed to occupational safety and health.