Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraph 2(b), of the Convention. Employment and working conditions of nursing personnel. Further to its previous comment, the Committee notes the information provided by the Government concerning the difficulties encountered in completing and implementing the reclassification exercise of registered nurses which has been undertaken since March 1999. The Committee requests the Government to give a detailed account of the ongoing reclassification process and its expected impact on the quality of nursing care and the employment conditions of nursing personnel.

In addition, the Committee wishes to refer to the problem of migration of nursing personnel, which is recognized to be a recurrent problem in the Caribbean region, as indicated in the 2005 report of the Caribbean Commission on Health and Development established under the Caribbean Community (CARICOM). The Committee understands that the Caribbean Ministers of Health have endorsed a programme of “managed migration” to ameliorate some of the factors contributory to migration that their countries can control or influence. It requests the Government to supply more detailed information on the shortage of nursing staff and any measures taken or envisaged in order to secure a sustainable domestic nursing workforce while not limiting the workers’ freedom of movement. In this respect, the Committee draws the Government’s attention to the draft WHO code of practice on the international recruitment of health personnel, currently under preparation, which urges member States to enter into bilateral and multilateral arrangements to promote cooperation and coordination on migrant health personnel recruitment processes in order to maximize the benefits and mitigate the potential negative impact of international recruitment of health personnel, and also calls for measures in order to retain and sustain a skilled domestic health workforce by improving their social and economic status, their living and working conditions, their opportunities for employment and their career prospects.

Article 3, paragraph 1. Nursing education and training. The Committee notes the information provided by the Government concerning the decision taken by CARICOM Ministers on the restructuring of nursing training programmes, so that by 2011 the qualification for entry-level professional nurses be at the Bachelor level (BSc). The Committee requests the Government to keep the Office informed of any further developments and to transmit a copy of the regional curriculum for education and training of nurses adopted in 2007 by the CARICOM Council for Human and Social Development.

Article 5, paragraph 2, and Article 6. Collective bargaining concerning employment and working conditions of nursing personnel. The Committee notes the Government’s indication that despite the Memorandum of Understanding 2006–08, which was concluded between the Nurses Association of Jamaica and the Ministry of Health, there have not been sufficient negotiations with respect to working conditions and as a result, hospitals are faced with serious inconveniences, including critical staff shortage in some cases. It requests the Government to provide copies of all collective agreements or other relevant texts currently regulating the conditions of service of nursing staff.

Article 7. Occupational safety and health of nursing personnel. The Committee notes the Government’s indication that a tripartite working group is leading the process to draft and implement a national workplace policy on HIV/AIDS while the Ministry of Health has drafted a policy to guide its employees as to how to prevent HIV/AIDS at the workplace and how to cope with persons infected with and affected by HIV/AIDS. The Committee would appreciate receiving copies of any relevant documents which may have been adopted in this respect. In this connection, the Committee draws the Government’s attention to the Joint ILO/WHO guidelines on health services and HIV/AIDS, published in 2005, with a view to assisting health services in building their capacities to provide their workers with a safe, healthy and decent working environment as the most effective way to both reduce transmission of HIV and to improve the delivery of care to patients. The Committee also wishes to refer to the International Labour Conference discussion held in June 2009 on “HIV/AIDS and the world of work” with a view to adopting an international labour Recommendation, and in particular to paragraph 37 of the proposed conclusions (see ILC, 98th Session, 2009, Report IV(2), page 310) which provides that public health systems should be strengthened, where appropriate, in order to ensure greater access to prevention, treatment, care and support, and to reduce the additional strain on public services, particularly on health workers, caused by HIV/AIDS. The Committee requests the Government to keep the Office informed of any measures that might be taken or envisaged with a view to improving the protection of nursing personnel from infectious diseases, including HIV/AIDS.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government concerning the number of registered nurses and midwives. It would be grateful if the Government would continue supplying up to date information concerning the application of the Convention in practice, including, for instance, the annual number of students attending or graduating from nursing schools, the number of practising nurses registered with the Nursing Council of Jamaica, the nurse-to-population ratio, copies of official reports or studies addressing nursing-related issues, etc.