Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Also referring to its observation, the Committee notes that the Government’s report has not been received. It must therefore repeat its previous direct request, which read as follows:

Also referring to its observation, the Committee notes the Government’s replies to its previous comments and the annual reports of the Department of Labour for 1997, 1998 and 1999. It asks the Government to provide additional information on the following points.

1. Presence of women on the labour inspection staff. The Committee notes with interest that out of 14 inspectors, nine are women and, of these, two occupy senior positions. The Committee would be grateful if the Government would indicate if effect is given to the provision of Article 8 which provides that special duties may be assigned to men and women inspectors.

2. Transport facilities and reimbursement to labour inspectors of travelling expenses necessary for the performance of their duties (Article 11). The Government indicates that travelling officers are provided with an interest-free loan of 35,000 Barbados dollars for the purchase of a car and that travelling expenses necessary for the performance of their duties are reimbursed to labour inspectors. The Government is asked to indicate the number of vehicles used by labour inspectors for travel necessary for the performance of their duties and to communicate copies of the texts serving as a legal basis for arrangements connected with the reimbursement of travelling expenses for labour inspectors.

3. Notification of occupational diseases to labour inspectors (Articles 14 and 21). Referring to the Committee’s previous comments, concerning the absence of statistics on occupational diseases, the Committee notes that in the annual report of the Department of Labour for 1998 information was received by the Department of Labour in the form of letters from medical practitioners and from employees describing symptoms of respiratory ailments and reporting problems of indoor air quality and ergonomic concerns in the workplace. The Committee reiterates that, under Article 14, labour inspectors must be notified of industrial accidents and cases of occupational disease. In this regard, it calls the attention of the Government to its general observation of 1996 concerning the ILO’s practical guidelines on the "Recording and notification of occupational accidents and diseases", and asks it to take measures to establish the legal obligation to notify cases of occupational disease to labour inspectors, in cases and in a manner to be defined by national law. The Committee hopes that in future  the relevant statistics will be shown, in conformity with Article 21, subparagraph (g), in the annual inspection reports.

4. Dissuasive character of penalties for violations of labour legislation (Article 18). Referring to its previous comments on the derisory character of penalties applicable for violations of legal provisions enforceable by labour inspectors, the Committee notes that the Government has not supplied any information on the announced measures concerning the revision of the method for setting fines, so that they maintain a sufficiently dissuasive character in spite of any monetary fluctuations, following the guidelines given in paragraph 263 of the 1985 General Survey on labour inspection. The Committee hopes that the Government will not fail to provide information in its next report on the implementation of the results of such measures.

5. Publication of annual inspection reports (Article 20). The Committee asks the Government to indicate whether annual inspection reports are published and, if not, to take the measures necessary for this. It would be grateful if the Government would ensure that these reports will be communicated in future to the ILO within the prescribed time limits.