Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Labour Inspection Convention, 1947 (No. 81) - Antigua and Barbuda (Ratification: 1983)

Articles 3(2) and 16 of the Convention. Additional functions entrusted to labour inspectors and frequency of inspection visits. With reference to its previous comments, the Committee notes the Government’s statement that labour inspectors only carry out labour inspection functions. The Committee recalls however, that according to the job description communicated by the Government, labour inspectors may be required from time to time to function in other areas of the Labour Department and may be assigned other duties by their immediate supervisor, the Labour Commissioner or the Deputy Labour Commissioner. The Committee would be grateful if the Government would indicate the numbers and frequency of inspections in industrial and commercial workplaces achieved as a result of the main focus of labour inspectors on the effective discharge of their primary functions and to give details as to additional functions that may be entrusted to them.

Article 5. Cooperation between the labour inspection services and other Government services or public institutions and collaboration with employers’ and workers’ organizations. The Committee notes that according to the Government there has been no change on the question of promoting cooperation between the labour inspectorate and the Ministry of Health despite the Committee’s longstanding comments on this question and a previous commitment to this effect by the Government. The Committee requests the Government to supply detailed information on the difficulties which prevent the adoption of practical measures to develop cooperation between the labour inspectorate and the Ministry of Health (for instance, the regular exchange of information and data, common training seminars or conferences, etc.). It also asks the Government once again to provide details on the content and modalities of any existing cooperation.

Furthermore, the Committee notes that according to the Government, there has been no change on the issue of collaboration with trade unions. Recalling once again that the existing collaboration is very limited, merely consisting of the trade unions informing the Labour Department of violations of legal provisions in workplaces, the Committee refers the Government once again to Part II of the Labour Inspection Recommendation, 1947 (No. 81), on examples of measures that might be taken to encourage collaboration between labour inspectors and both workers and employers, such as the organization of conferences or joint committees, or similar bodies to provide a space for discussions on safety and health issues. The Committee once again urges the Government to take measures to encourage collaboration between the labour inspectorate and the social partners, and to keep the ILO informed of the results achieved. With regard to occupational safety and health in particular, noting that the tripartite National Labour Board is responsible for the revision of the Labour Code which relates to safety and health issues in the private sector, the Committee requests the Government to indicate whether the labour inspectorate is associated in the work of this Board in any way.

Articles 6, 7 and 10. Number, status and qualifications of labour inspectors. The Committee notes that according to the Government’s report the inspectorate is comprised of nine “non-established” labour inspectors and one “established” civil servant (or two such civil servants according to the annual labour inspection report). All labour inspectors conduct general inspections with reference to Article 3(1) of the Convention. Only one labour inspector specializes in the area of occupational safety and health. There is no requirement as to the qualifications and level of competence required of the other labour inspectors who are not labour inspectors in the strict sense of the word. Labour inspectors are remunerated according to the scale of the department in which they are placed. They received training during the reporting period in various areas including modern inspection techniques, basic inspections, the Labour Code, ILO Conventions and occupational hygiene.

The Committee recalls that according to Article 10, the number of labour inspectors should be sufficient to secure the effective discharge of their duties. Moreover, under Article 6, the inspection staff should be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and improper external influences. Finally, under Article 7, labour inspectors should be recruited with sole regard to their qualifications and should be adequately trained for the performance of their duties.

The Committee requests the Government to indicate the steps taken or envisaged to ensure that:

–      the labour inspectorate is staffed with adequate numbers of labour inspectors, especially in the area of occupational safety and health;

–      all labour inspectors are recruited with sole regard to their qualifications;

–      all labour inspectors are assured of the status, notably stability of employment and adequate wages, which is necessary to ensure their independence vis-à-vis changes of government and improper external influences. In this regard, the Committee requests the Government to specify the scale of remuneration of labour inspectors by comparison to the remuneration of comparable categories of public officers like tax inspectors.

Moreover, the Committee would be grateful if the Government would provide details on the training programmes provided to labour inspectors, in particular the subjects, duration, attendance, evaluation and impact and to communicate copies of any relevant documents.

Articles 17 and 18. Necessary balance between warnings and the prosecution of employers in violation. With reference to its previous comments, the Committee notes the Government’s statement that labour inspectors are free to decide whether to prosecute those found in breach of the law. The Committee recalls once again that while advice and information can only encourage and lead to compliance with legal provisions, it should nonetheless be accompanied by an enforcement mechanism allowing for prosecution where needed. The functions of enforcement and advice are inseparable in practice and the credibility of the labour inspectorate depends to a large extent on the existence and implementation of a sufficiently dissuasive enforcement mechanism (see 2006 General Survey on labour inspection paragraphs 279 and 280). The Committee requests the Government to provide detailed information on the number of warnings issued by labour inspectors and the number of prosecutions initiated, as well as their outcome in practice.

Articles 19, 20 and 21. Annual report on labour inspection activities. The Committee notes with interest that for the first time since 1995, an annual labour inspection report on the year 2009 was communicated to the ILO. The Committee invites the Government to take all the necessary measures so as to ensure that the annual report is published as required by Article 20, and draws attention to Part IV of Recommendation No. 81 which provides guidance on how the information and statistics requested under Article 21 can be disaggregated to give a reliable basis for the assessment of the work of the labour inspection system.