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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the Standards Review Mechanism (SRM) Tripartite Working Group, confirmed the classification of Convention No. 85 as an outdated instrument, and has placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation.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tripartite constituents to take appropriate measures including follow-up action involving abrogation and withdrawal of outdated standards, giving due consideration to the availability of technical assistance to encourage ratification of up-to-date instruments.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.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

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 113th 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 to take 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 encourages the Government to follow-up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider taking the necessary steps towards extending the application of Convention No. 81, as the most up-to-date instrument in this subject area, to the British Virgin Islands. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

Article 2 of the Convention. Training of labour inspectors. The Committee notes the information provided by the Government in its report, in response to its previous request that in 2018, labour inspectors and other staff of the Labour Department and the Ministry of Natural Resources and Labour underwent training on occupational safety and health (OSH), focused on the importance of management’s role in the area of OSH, particularly risk management. The Committee also notes the Government’s indication that staff had participated throughout 2019 in ITC–ILO training courses for labour inspectors but that on-the-job training opportunities for labour inspectors have been reduced. The Committee requests the Government to continue to provide information on the measures taken to provide adequate training to labour inspectors, so as to enable labour inspectors to perform their duties. It requests in this respect information on the subject matters covered, as well as the frequency and number of participants.

Application of the Convention in practice. The Committee welcomes the statistical information provided by the Government in relation to the inspections undertaken, the infringements detected and the stop orders issued from 2014 to 2018. It notes that there has been an increase in the number of infringements of the Labour Code due to the effects of Hurricanes Irma and Maria: 96 infringements were detected in the course of 144 inspections in 2016; 138 in the course of 156 inspections in 2017, and 302 in the course of 266 inspections in 2018. It notes the Government’s indication in its supplementary information that in 2019 there were 84 infringements of the Code detected in the course of 193 inspections. The Committee also notes the Government’s statement that OSH-related incidents leading to inspections remain underreported. The Committee requests the Government to provide information on the measures taken to address the underreporting of occupational safety and health incidents to the labour inspectorate. It also asks the Government to continue to provide statistical information on the application of the Convention in practice.

[The Government is asked to reply in full to the present comments in 2022.]

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 113th 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 to take 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 encourages the Government to follow-up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider taking the necessary steps towards extending the application of Convention No. 81, as the most up-to-date instrument in this subject area, to the British Virgin Islands. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

Article 2 of the Convention. Training of labour inspectors. The Committee notes the information provided by the Government, in response to its previous request that in 2018, labour inspectors and other staff of the Labour Department and the Ministry of Natural Resources and Labour underwent training on occupational safety and health (OSH), focused on the importance of management’s role in the area of OSH, particularly risk management. The Committee also notes the Government’s indication that the Labour Department continues to offer on-the-job training opportunities for labour inspectors, and that staff are participating throughout 2019 in ITC–ILO training courses for labour inspectors. The Committee requests the Government to continue to provide information on the measures taken to provide adequate training to labour inspectors, so as to enable labour inspectors to perform their duties. It requests in this respect information on the subject matters covered by this training, as well as the frequency, attendance and impact of such training.

Application of the Convention in practice. The Committee welcomes the statistical information provided by the Government in relation to the inspections undertaken, the infringements detected, and the stop orders issued from 2014 to 2018. It notes that there has been an increase in the number of infringements of the Labour Code due to the effects of Hurricanes Irma and Maria: 96 infringements were detected in the course of 144 inspections in 2016; 138 in the course of 156 inspections in 2017, and 302 in the course of 266 inspections in 2018. Noting the increase in the number of inspections, the Committee requests the Government to continue to provide information on the measures taken to address the increase in the number of infringements detected of the Labour Code, including the results of such measures. It also asks the Government to continue to provide statistical information on the application of the Convention in practice.

The Committee notes the information provided by the Government in its report concerning the application of Article 3 of the Convention on the measures taken to enable workers and their representatives to communicate freely with the inspectors.

Article 2 of the Convention. Training of labour inspectors. The Committee notes the Government’s indications that the two labour inspectors of the Labour Department received on-the-job training and that the senior inspector received training in the Maritime Labour Convention, 2006 and international arbitration. It also notes that there is a need for labour inspectors to receive more specific training, particularly in the area of occupational safety and health (OSH). The Committee requests that the Government provide information on the efforts made in this regard, and in particular on the measures taken to provide labour inspectors with training in the area of OSH, and on the results of these measures.

Application of the Convention in practice. The Committee welcomes the statistical information provided by the Government in relation to the inspections undertaken, the infringements detected, and the complaints received from workers and employers in 2012 and 2013. The Committee requests the Government to continue to provide statistical information on the application of the Convention in practice.

Articles 2, 3, 4 and 5 of the Convention. Application of the Convention in practice. The Committee notes with interest the text of the Labour Code, No. 4 of 2010, which meets the requirements of Articles 4 and 5 of the Convention. The Committee also notes however that, according to the Government’s report, labour inspectors have found no contraventions during the reporting period. In this regard, the Committee notes that under section 24 of the Labour Code, the Commissioner of Labour should produce an annual report with information on the inspections undertaken, the infringements detected, the complaints received from workers and employers, and a status report on occupational safety and health. The Committee would be grateful if the Government would communicate the annual report in order to illustrate the manner in which the powers and obligations of labour inspectors envisaged in sections 13–15 and 155 of the Labour Code are exercised in practice.

Finally, the Committee reiterates its request for the Government to provide full and detailed information on the questions raised in Parts I–V of the report form.

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

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