Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Labour Inspection Convention, 1947 (No. 81) - Jamaica (Ratification: 1962)

The Committee notes the information provided by the Government in reply to its previous comments relating to Article 3(1)(b) of the Convention (technical information and advice concerning occupational safety and health).

Article 6 of the Convention. Status and conditions of service of the inspection staff. The Committee notes the indication of the Government in its report that the draft Occupational Safety and Health (OSH) Act is currently being considered by Parliament. With respect to the status and conditions of service of the inspection staff, the Committee notes that section 140 of the draft stipulates that: (a) the Ministry may appoint OSH Officers; (b) the appointment may be subject to conditions or limitations specified in the instrument of appointment; and (c) the Minister may vary or revoke an appointment at any time. The Committee recalls that in its 2006 General Survey, Labour inspection (paragraphs 201–208), it emphasized that inspectors cannot act in full independence, as required by their functions, if their service or their career prospects depend on political considerations. As public servants, labour inspectors are generally appointed on a permanent basis. A decision to dismiss an inspector, like any other decision to apply a sanction with serious consequences, should be taken, or confirmed, by a body offering the necessary guarantees of independence or autonomy with respect to the hierarchical authority and in accordance with a procedure guaranteeing the right of defence and appeal. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the inspection staff is 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 of improper external influences, as required by Article 6 of the Convention.

Article 12(1)(a) and (c)(ii). Unannounced visits. Production of documents. The Committee notes that, pursuant to section 119 of the draft OSH Act, a labour officer is entitled to enter a workplace to inspect employee records or information for the purpose of inquiry into a suspected contravention of the Act. However, the labour officer shall give notice of the proposed entry to the person from whom the documents are requested and the relevant person conducting a business or undertaking, during usual working hours at that workplace at least 24 hours, but not more than 14 days, before the entry. The Committee recalls that pursuant to Article 12 of the Convention, labour inspectors shall be empowered to enter freely and without previous notice any workplace liable to inspection at any hour of the day or night. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that labour inspectors provided with proper credentials shall be empowered to: enter freely and without previous notice at any hour of the day or night any workplace liable to inspection; and to require the production of any books, registers or other documents the keeping of which is prescribed by national laws or regulations relating to conditions of work, in order to see that they are in conformity with the legal provisions, and to copy such documents or make extracts from them.

Article 13(2)(b). Measures with immediate executory force in the event of imminent danger to the health or safety of the workers. In its previous comments the Committee had noted that, pursuant to section 26 of the Factories Act 1943, the chief factory inspector could require that work be discontinued until health and safety conditions are met. Noting that this provision only applied to the sectors listed in section 26, the Committee had urged the Government to take the necessary measures to ensure the adoption of legislation that would empower labour inspectors to adopt measures with immediate executory force in the event of imminent danger to the health or safety of workers in all industrial workplaces. The Committee notes the Government’s indication that, pursuant to sections 173–175 of the draft OSH Act 2017, officers of the OSH Department (OSHD) are empowered to issue prohibition orders in all sectors. The Committee requests the Government to adopt the necessary measures to empower inspectors to make or have made orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers, in conformity with Article 13(2)(b) of the Convention.

Article 14. Notification of cases of occupational disease. In its previous comments, the Committee had requested the Government to pursue its efforts to ensure notification of cases of occupational diseases to labour inspectors. The Committee notes the Government’s indication that the OSHD conducted several educational sessions on the National Insurance (Prescribed Diseases) Regulations 1970, and that there has been greater collaboration with the Ministry of Health. However, the Government indicates that no occupational diseases on the prescribed list were reported in 2016 to the Employment Injury Benefit Department of the Ministry of Labour and Social Security (MLSS). The Government also indicates that a new management information system will soon be implemented for the National Insurance Scheme to assist in capturing information on cases of occupational diseases that may be reported to the Employment Injury Benefit Department. In this respect, the Committee recalls the importance of formal mechanisms to provide labour inspectorates with the data needed to identify high-risk activities and the most vulnerable categories of workers, and to carry out research into the causes of occupational diseases in establishments and enterprises liable to inspection (see 2006 General Survey, Labour inspection, paragraphs 118–127). The Committee requests the Government to pursue its efforts to ensure that labour inspection services are notified of cases of occupational disease, in accordance with Article 14 of the Convention, and to provide information on the measures taken or envisaged in this respect, including on the implementation of a new management information system. It also requests the Government to continue to provide information on the number of notifications received.

Articles 20 and 21. Annual report on the work of the inspection services. In its previous comments, the Committee had noted that the Statistical Bulletin of the MLSS of 2012 contained information on the number of complaints received, inspections undertaken and accidents reported. The Committee notes that the Annual Report of the MLSS for 2016–17: (i) refers to laws and regulations relevant to the work of the inspection service, in accordance with Article 21(a); (ii) indicates the number of accidents reported and investigated, in conformity with Article 21(f); and (iii) contains information on the number of workplaces liable to inspection and inspection visits, as prescribed by Article 21(d). However, the Committee notes that the Annual Report does not indicate the number of workers employed therein, as required by Article 21(c). In addition, the Committee notes the Government’s indication in its report that there are 16 posts for industrial safety inspectors. The Government also provides information concerning violations, particularly that: (a) the OSHD sent 110 letters to employers that were not in compliance with registration requirements under the Factories Act 1943, or with OSH requirements; and (b) one employer was prosecuted for failure to comply with the provisions of the Factories Act 1943. However, no information is provided on the penalties imposed, as required by Article 21(e). Finally, the Committee notes the Government’s indication that no occupational diseases were reported and refers to its comments above on the application of Article 14 of the Convention. The Committee requests the Government to continue to publish the annual report on the work of the inspection services in accordance with Article 20 of the Convention and to ensure that it deals with all the subjects listed in Article 21 of the Convention, including those that were not covered in its last annual report (staff of the labour inspection; number of workers employed in the workplaces liable to inspection; penalties imposed; and cases of occupational disease).