Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Other comments on C085

Observation

Direct Request

2023
2020
2019
2016
2006

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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the Standards Review Mechanism (SRM) Tripartite Working Group, confirmed the classification of Convention No. 85 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation.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tripartite constituents to take appropriate measures to take follow-up action involving abrogation and withdrawal of outdated standards, giving due consideration to the availability of technical assistance to encourage ratification of up-to-date instruments.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.]