Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 81) sur l'inspection du travail, 1947 - Barbade (Ratification: 1967)

The Committee notes the Government’s report and the indication that the new Safety and Health at Work Act, which was enacted in 2005 (hereinafter the SHAW Act), has still not been proclaimed. It also notes the comments communicated on 19 June 2008 by the Congress of Trade Unions and Staff Associations of Barbados (CTUSAB). The union once again emphasizes the low number of labour inspectors, their lack of training, preventing them from enforcing the new Act, and the inadequacy of transport facilities. It also recommends the establishment of higher penalties for major violations of the labour legislation.

Articles 7, paragraph 3, 10 and 11 of the Convention. Staff and resources of the labour inspectorate. The Committee observes that the issue of the shortage of inspection staff has been raised for many years, also by an employers’ organization in 2005. It notes with interest that four new safety and health officers have been appointed. The Committee hopes that the appointment of more staff will reinforce inspection capacities, particularly with regard to the enforcement of the SHAW Act once it is proclaimed, and requests the Government to supply information regarding the training provided to health and safety officers on technical issues for that purpose.

Also noting the information already supplied on transport facilities, the Committee would be grateful if the Government would provide particulars on the manner in which travelling costs are reimbursed to inspection officers (deadlines for payment, etc.).

Article 18. Adequacy and enforcement of penalties. For many years, the Government indicated that it would take the opportunity of the adoption of the new Act to raise the level of the penalties in force, which were considered too low to be dissuasive. In this respect, the Government refers to sections 109 to 121 of the SHAW Act. The Committee notes, however, that the general penalty established under such provisions (section 110(1)) is the same as that established by the Factories Act adopted in 1984. It wishes to emphasize that it is essential for the credibility and effectiveness of systems for the protection of workers that violations are identified in national legislation and that the proceedings instituted or recommended by labour inspectors against employers guilty of violations are sufficiently dissuasive to ensure that employers are aware of the need to comply with their obligations. It is also important that penalties are defined in proportion to the nature and gravity of the offence and that the amount of fines is regularly adjusted to take account of inflation. It would be regrettable if employers were in a position to opt for the payment of fines as a less costly alternative to the adoption of the measures necessary to ensure compliance with the labour legislation. The Committee therefore requests the Government to take measures to ensure that penalties are dissuasive and effectively enforced. The Government is also requested to keep the ILO informed of any progress in this respect.

Articles 20 and 21. Publication and communication of an annual report on the work of the labour inspection services. The Committee notes that the annual reports for 2000, 2001 and 2002, indicated in the Government’s report as having been sent to the ILO, were not received by the Office and that, as a result, it is not possible to assess the application of the Convention in practice. It notes in this regard that, in the view of the CTUSAB, the resources and technical assistance necessary to ensure the publication of such an important document must be made available as soon as possible. Recalling the importance of making the fullest possible information available on an annual basis on each of the subjects enumerated by Article 21 so that the social partners, the national authorities and the ILO supervisory bodies can assess the effectiveness of the labour inspection system and contribute to its improvement, the Committee requests the Government to ensure that the annual reports published since 2000 are communicated to the ILO in the near future.

The Committee is also addressing a request on other matters directly to the Government.