Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Labour Inspection Convention, 1947 (No. 81) - Guyana (Ratification: 1966)

Other comments on C081

Observation

Direct Request

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Referring to its observation, the Committee wishes to raise the following additional points.

Articles 3(1)(a) and (b), 5(a), 13, 17 and 18 of the Convention. Enforcement and advisory functions of labour inspection. 1. Enforcement mechanisms and cooperation with the justice system. The Committee notes that while the Government has not provided a reply in response to its request for detailed information on the enforcement activities of the labour inspectorate, some relevant statistics can be found in the annual report of the Labour and Occupational Safety and Health Department (LOSHD) for 2012. These statistics relate to the number of infringements detected, the legal obligations to which they relate, and the number of legal proceedings instituted against employers. As it appears from the report, penalties have been imposed by the courts in 14 cases. The Committee also notes from the information in the report that labour inspectors have been trained in the prosecution of labour law infringements, among others by a representative of the Public Prosecutor’s Office. The Committee once again asks the Government to provide detailed information on the enforcement activities of the labour inspectorate, including the detection of infringements, the issuance of non-compliance notices, the initiation or recommendation of prosecutions and their outcome (number of convictions in relation to the infringements reported, amount of penalties imposed, etc.). Please also continue to provide information on any training sessions provided to labour inspectors with a view to enhancing their capacity to effectively prosecute labour law infringements.

Drawing attention to its general observation of 2007 on the importance of cooperation between the labour inspectorate and the justice system for the effective enforcement of legal provisions relating to conditions of work and the protection of workers, the Committee once again asks that the Government state what measures have been taken or are envisaged to enhance effective cooperation between the labour inspection services and the judicial authorities (such as joint meetings to discuss practical aspects of cooperation, joint training on the procedural and material aspects of labour law and inspection procedures, the establishment of a system for the recording of judicial decisions accessible to labour inspectors, etc.).

2. Activities of the labour inspectorate in the area of occupational safety and health (OSH). The Committee notes that, except for the reference to training of employers in the annual report of the LOSHD, no information has been provided on the measures taken by labour inspectors in the area of OSH, which makes it impossible to assess the work of the labour inspectorate in this respect. The Committee therefore asks that the Government provide detailed information on the activities of the labour inspectorate in the area of OSH, indicating both the enforcement activities (number of infringements detected and effectively prosecuted), and the preventive measures taken by labour inspectors with a view to remedying defects observed in plant, layout or working methods which they may have reasonable cause to believe constitute a threat to the health or safety of the workers, including measures with immediate executory force ordered by labour inspectors (work stoppage, suspension of the operation of machines or equipment, the prohibition of the use of products or substances, etc.).

Article 3(2). Additional duties entrusted to labour inspectors. The Committee notes that the 16 “labour inspectors” referred to in the Government’s report seem to be the same as the “labour officers” referred to in the annual report of the LOSHD. It appears that labour inspectors (or labour officers) are entrusted with a variety of functions within the mandate of the LOSHD, in addition to the functions within the meaning of the Convention. It understands that these functions include the conciliation of labour disputes and the settlement of complaints. In this respect, the Committee would like to draw the Government’s attention to paragraph 69 of its General Survey of 2006 on labour inspection, in which it is emphasized that the primary duties of labour inspectors are complex and require time, resources, training and considerable freedom of action and movement. Any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. With specific regard to functions exercised in the context of labour disputes, the Committee refers the Government to the guidance contained in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee asks the Government to clarify whether the terms “labour inspectors” and “labour officers” are used interchangeably, and to provide information on any other functions assumed by these officers, as well as an estimate of the time spent on activities focusing on primary labour inspection duties in relation to their other duties. It hopes that the Government will take the necessary measures, in accordance with Article 3(2) of the Convention, to ensure that any other functions entrusted to inspection officers do not interfere with the effective discharge of their primary duties.

Articles 6 and 10. Status and conditions of service of labour inspectors and number of labour inspectors. The Committee notes from the annual report of the LOSHD that, due to resignations or the non-renewal of contracts, the number of staff significantly decreased, and that it was not possible to find suitable candidates to fill the vacant positions. In this context, the Committee recalls its previous observations according to which the salary of labour inspectors is less than half that of tax inspectors and approximately half that of National Insurance Scheme inspectors. It once again draws the Government’s attention to paragraphs 204 and 209 of the 2006 General Survey on labour inspection, which emphasize that the levels of remuneration and career prospects of inspectors have to be such that high-quality staff are attracted, retained, and protected from any improper influence. Having previously noted that labour inspectors enjoy the status of public servants and stability of employment, the Committee asks the Government to provide explanations as to the abovementioned non-renewal of contracts. Moreover, it asks that the Government indicate the measures taken or envisaged to fill the vacant positions and to improve the conditions of service of labour inspectors, including their remuneration and career prospects, with a view to retaining them within the labour inspection services and attracting suitable candidates.

Articles 11 and 16. Material resources of the labour inspectorate and frequency of inspection visits. 1. Material and logistical resources, including transport facilities. The Committee notes the Government’s indication that, in accordance with the Public Service Rules, labour inspectors are reimbursed travel and subsistence expenses. It also notes that labour inspectors are assigned to divisions of wards and districts and that inspections are conducted routinely and inspectors are rotated every six months. The Committee asks the Government to provide further information on the measures taken to ensure that all workplaces are inspected as often and as thoroughly as necessary including in remote areas and that labour inspectors are furnished with transport facilities for this purpose.

2. Safety of labour inspectors. In its previous comments, the Committee had noted that, due to a climate of violence, the labour inspectorate was unable to ensure a presence in workplaces situated in certain particularly dangerous regions. The Committee once again asks for information on the measures taken to ensure the safety of inspection staff in the regions affected by the climate of violence towards public servants, with a view to effectively guaranteeing the enforcement of legal provisions relating to conditions of work (the possibility of labour inspectors being accompanied by the police, etc.).

Article 14. Notification to the labour inspectorate of industrial accidents and cases of occupational diseases. The Committee notes that sections 69 and 70 of the Occupational Safety and Health Act provide for the notification of occupational accidents and diseases to the labour inspectorate. It further notes that statistics relating to industrial accidents are contained in the annual report of the LOSHD, but that statistics relating to cases of occupational diseases have never been provided by the Government. The Committee asks the Government to describe the functioning in practice of the system of notification of industrial accidents and cases of occupational diseases. It asks the Government to take measures to ensure that labour inspectors are notified of both industrial accidents and incidences of occupational disease so that they are in a position to identify the occupational risks inherent in the various activities carried out in the workplaces liable to inspection and can take appropriate preventive action and, further, that they are able to provide relevant information to the central inspection authority for the purposes set out in the Convention, including for the inclusion of such data in the annual reports on the activities of the labour inspection services (Article 21(f) and (g)).