Repetition

Articles 3(2) and 6 of the Convention. Status of labour inspectors. Additional duties entrusted to labour inspectors. Following its previous comments, the Committee notes the Government’s indication that all labour officers and safety and health officers have the mandate to carry out inspection activities and have the status of labour inspectors. According to the Government, it is estimated that the safety and health officers devote at least two-thirds of their time to labour inspection duties, such as routine workplace visits, special inspection in response to specific concerns (for example, indoor air quality or ergonomics) and accident investigations. A third of their time is used in administrative functions, such as producing reports and organizing training and awareness-raising activities. Regarding labour officers, each officer is assigned two field days per week to carry out eight shop inspections. However, the Committee notes that the labour officers hold the responsibility for the conciliation of disputes as provided for by section 43 of the Employment Rights Act and that, according to the Government, they spend two thirds of their time performing this duty because dispute resolution is now the more demanding area of their work. The Committee requests the Government to indicate the measures taken or envisaged to ensure that, in accordance with Article 3(2) of the Convention, additional functions entrusted to labour officers, identified by the Government as demanding, do not interfere with the effective discharge of their primary labour inspection duties and to provide information on any progress thereon.

Article 13. Preventive activities in occupational safety and health (OSH). The Committee notes the Government’s response to its previous request regarding the application in practice of sections 112 and 113 of the Safety and Health at Work Act (SHAW). Accordingly, one improvement notice, which requires alterations to secure compliance with the provisions of SHAW, was issued in 2017, 2018 and 2019 respectively. However, no prohibition notice with immediate effect in case of imminent danger to the health or safety of workers has been issued. The Committee requests the Government to continue to provide information on the improvement notices and prohibition notices issued pursuant to sections 112 and 113 of the Safety and Health at Work Act, as well as any other preventive measures undertaken by inspectors, where applicable, as required by Article 13 of the Convention.

Articles 5(a), 17 and 18. Adequacy of penalties and enforcement. Cooperation between the labour inspectorate and the justice system. The Committee previously noted that the Labour Department primarily used moral persuasion to encourage compliance with labour law, and that therefore no penalties were applied in relation to the violations observed. It notes the Government’s indication that penalties, including fines and imprisonment up to one year, are provided for by relevant laws, such as SHAW, Holidays with Pay Act and Shops Act. During the period of May 2016 to May 2017, no legal proceedings were instituted under the SHAW. Under the Holidays with Pay Act, a total of 19 cases were lodged in courts, while 23 matters were heard and generally settled in favour of the employee. The Committee also notes that the Government report does not contain information regarding the measures taken or envisaged to enhance effective cooperation between labour inspection services and the justice system. The Committee requests the Government to continue to provide information on any measures taken to ensure that penalties are dissuasive and effectively enforced in the area of both OSH and other working conditions. It also requests the Government to continue to provide information on the number of legal proceedings commenced for labour law infringements, including the cases submitted to courts by inspectors, and their outcome. The Committee also once again requests that the Government indicate the arrangements made or envisaged to enhance effective cooperation between labour inspection services and the justice system.

Article 7. Training of labour inspectors. Following its previous comments, the Committee notes the Government’s detailed information on the training activities for safety and health officers during the period of May 2016 to May 2018. The Government also indicates that both safety and health officers and labour officers participate in training activities as approved for the period of a financial year; however, training opportunities for safety and health officers are more easily identified than those pertaining to labour officers. The Committee notes that of the fifteen reported training activities for safety and health officers, eight were attended by only one officer and only four of the fifteen were attended by more than three officers. The Labour Department is seeking to obtain further training opportunities through local and international organizations (such as the ILO), as well as local tertiary training institutions. The Committee requests the Government to continue to provide information on the training provided to labour inspectors (subjects covered, number of participants, duration, etc.). It also requests the Government to continue to provide information on the measures taken to ensure adequate training for both labour officers and safety and health officers, including information on how to improve attendance at these sessions.

Article 11. Material means and transport facilities available to labour inspectors. Following its previous requests, the Committee notes the Government’s indication that adequate office space is provided to labour inspectors. Eleven workstations are assigned to the team of nine labour officers and one senior labour officer and ten workstations are assigned to the team of seven safety and health officers and one senior safety and health officer. Each workstation is equipped with a desktop computer, and three laptops are available for use as needed. All required stationary is readily supplied and there is the possibility to purchase special items on demand. The Government also states that the interest-free loan for the purchase of a vehicle increased from 25,000 Barbadian dollars (BBD) (US$12,500) to BBD 50,000 (US$25,000), while the commuted travelling allowance increased from BBD 1.09 (US$0.54) to BBD 2.19 (US$1.10) per kilometre. The Committee takes note of this information, which addresses its previous request.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee previously noted that, while the system for notification of industrial accidents to the Labour Department functioned relatively well, cases of occupational disease were not reported. The Committee notes the Government’s indication that workshops and seminars organised by the safety and health officers inform employers and employees of the legal requirements and duties related to the reporting of accidents and occupational diseases. The Government reports that the statutory duty of medical practitioners to inform the Labour Department of any suspected cases of occupational disease is also emphasised. According to the Government the existing Accidents and Occupational Diseases (Notification) Act is to be reviewed. This Act requires employers to notify the Labour Department if a worker, during the course of his/her employment, was involved in an accident which causes the worker to have an injury that renders him/her incapable of doing work to which he/she is employed for a period longer than three days. The revision of this Act includes the alignment of the current statutory list of occupational diseases to that developed by the ILO. Moreover, the guidance provided in the ILO code of practice on the recording and notification of occupational accidents and diseases is taken into account in the proposed revisions. The Committee requests the Government to provide information on the revision to the Accidents and Occupational Diseases (Notification) Act, as well as the statutory list of occupational diseases, and to provide a copy of the revised Act once adopted. It also requests the Government to indicate the data concerning industrial accidents and cases of occupational diseases notified to the Labour Department.

Articles 20 and 21. Publication and communication of an annual report on the work of labour inspection services. The Committee notes the Government’s indication that the Labour Department endeavours to provide the report as necessary. However, the Committee notes that no annual reports of the Labour Department have been received by the Office since 2009 despite its requests. The Committee urges the Government to take the necessary measures to ensure that annual labour inspection reports are regularly published and communicated to the ILO (Article 20 of the Convention), and that they contain information on all the subjects covered by Article 21(a)–(g).

Repetition

Articles 3(2) and 6 of the Convention. Status of labour inspectors. Additional duties entrusted to labour inspectors. Following its previous comments, the Committee notes the Government’s indication that all labour officers and safety and health officers have the mandate to carry out inspection activities and have the status of labour inspectors. According to the Government, it is estimated that the safety and health officers devote at least two-thirds of their time to labour inspection duties, such as routine workplace visits, special inspection in response to specific concerns (for example, indoor air quality or ergonomics) and accident investigations. A third of their time is used in administrative functions, such as producing reports and organizing training and awareness-raising activities. Regarding labour officers, each officer is assigned two field days per week to carry out eight shop inspections. However, the Committee notes that the labour officers hold the responsibility for the conciliation of disputes as provided for by section 43 of the Employment Rights Act and that, according to the Government, they spend two thirds of their time performing this duty because dispute resolution is now the more demanding area of their work.The Committee requests the Government to indicate the measures taken or envisaged to ensure that, in accordance with Article 3(2) of the Convention, additional functions entrusted to labour officers, identified by the Government as demanding, do not interfere with the effective discharge of their primary labour inspection duties and to provide information on any progress thereon.

Article 13. Preventive activities in occupational safety and health (OSH). The Committee notes the Government’s response to its previous request regarding the application in practice of sections 112 and 113 of the Safety and Health at Work Act (SHAW). Accordingly, one improvement notice, which requires alterations to secure compliance with the provisions of SHAW, was issued in 2017, 2018 and 2019 respectively. However, no prohibition notice with immediate effect in case of imminent danger to the health or safety of workers has been issued.The Committee requests the Government to continue to provide information on the improvement notices and prohibition notices issued pursuant to sections 112 and 113 of the Safety and Health at Work Act, as well as any other preventive measures undertaken by inspectors, where applicable, as required by Article 13 of the Convention.

Articles 5(a), 17 and 18. Adequacy of penalties and enforcement. Cooperation between the labour inspectorate and the justice system. The Committee previously noted that the Labour Department primarily used moral persuasion to encourage compliance with labour law, and that therefore no penalties were applied in relation to the violations observed. It notes the Government’s indication that penalties, including fines and imprisonment up to 1 year, are provided for by relevant laws, such as SHAW, Holidays with Pay Act and Shops Act. During the period of May 2016 to May 2017, no legal proceedings were instituted under the SHAW. Under the Holidays with Pay Act, a total of 19 cases were lodged in courts, while 23 matters were heard and generally settled in favour of the employee. The Committee also notes that the Government report does not contain information regarding the measures taken or envisaged to enhance effective cooperation between labour inspection services and the justice system.The Committee requests the Government to continue to provide information on any measures taken to ensure that penalties are dissuasive and effectively enforced in the area of both OSH and other working conditions. It also requests the Government to continue to provide information on the number of legal proceedings commenced for labour law infringements, including the cases submitted to courts by inspectors, and their outcome. The Committee also once again requests that the Government indicate the arrangements made or envisaged to enhance effective cooperation between labour inspection services and the justice system.

Article 7. Training of labour inspectors. Following its previous comments, the Committee notes the Government’s detailed information on the training activities for safety and health officers during the period of May 2016 to May 2018. The Government also indicates that both safety and health officers and labour officers participate in training activities as approved for the period of a financial year; however, training opportunities for safety and health officers are more easily identified than those pertaining to labour officers. The Committee notes that of the fifteen reported training activities for safety and health officers, eight were attended by only one officer and only four of the fifteen were attended by more than three officers. The Labour Department is seeking to obtain further training opportunities through local and international organizations (such as the ILO), as well as local tertiary training institutions.The Committee requests the Government to continue to provide information on the training provided to labour inspectors (subjects covered, number of participants, duration, etc.). It also requests the Government to continue to provide information on the measures taken to ensure adequate training for both labour officers and safety and health officers, including information on how to improve attendance at these sessions.

Article 11. Material means and transport facilities available to labour inspectors. Following its previous requests, the Committee notes the Government’s indication that adequate office space is provided to labour inspectors. Eleven workstations are assigned to the team of nine labour officers and one senior labour officer and ten workstations are assigned to the team of seven safety and health officers and one senior safety and health officer. Each workstation is equipped with a desktop computer, and three laptops are available for use as needed. All required stationary is readily supplied and there is the possibility to purchase special items on demand. The Government also states that the interest-free loan for the purchase of a vehicle increased from 25,000 Barbadian dollars (BBD) (USD 12,500) to BBD 50,000 (USD 25,000), while the commuted travelling allowance increased from BBD 1.09 (USD 0.54) to BBD 2.19 (USD 1.10) per kilometre. The Committee takes note of this information, which addresses its previous request.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee previously noted that, while the system for notification of industrial accidents to the Labour Department functioned relatively well, cases of occupational disease were not reported. The Committee notes the Government’s indication that workshops and seminars organised by the safety and health officers inform employers and employees of the legal requirements and duties related to the reporting of accidents and occupational diseases. The Government reports that the statutory duty of medical practitioners to inform the Labour Department of any suspected cases of occupational disease is also emphasised. According to the Government the existing Accidents and Occupational Diseases (Notification) Act is to be reviewed. This Act requires employers to notify the Labour Department if a worker, during the course of his/her employment, was involved in an accident which causes the worker to have an injury that renders him/her incapable of doing work to which he/she is employed for a period longer than three days. The revision of this Act includes the alignment of the current statutory list of occupational diseases to that developed by the ILO. Moreover, the guidance provided in the ILO code of practice on the recording and notification of occupational accidents and diseases is taken into account in the proposed revisions.The Committee requests the Government to provide information on the revision to the Accidents and Occupational Diseases (Notification) Act, as well as the statutory list of occupational diseases, and to provide a copy of the revised Act once adopted. It also requests the Government to indicate the data concerning industrial accidents and cases of occupational diseases notified to the Labour Department.

Articles 20 and 21. Publication and communication of an annual report on the work of labour inspection services. The Committee notes the Government’s indication that the Labour Department endeavours to provide the report as necessary. However, the Committee notes that no annual reports of the Labour Department have been received by the Office since 2009 despite its requests.The Committee urges the Government to take the necessary measures to ensure that annual labour inspection reports are regularly published and communicated to the ILO (Article 20 of the Convention), and that they contain information on all the subjects covered by Article 21(a)–(g).

Repetition

Articles 3(1)(b) and 13 of the Convention. Preventive activities in the area of occupational safety and health (OSH). The Committee notes with interest the information provided by the Government in response to its previous request concerning the various preventive activities undertaken in the area of OSH. In this context, the Committee also recalls its previous comments concerning the introduction of powers under the Safety and Health at Work Act (SHAW), allowing OSH inspectors to issue “improvement notices” requiring alterations to secure compliance with the provisions of the SHAW (section 112 of the SHAW) and “prohibition notices” requiring alterations to remedy risks to the safety and health of workers, which take immediate effect if the inspector is of the opinion that there is an imminent danger to the health or safety of workers (section 113 of the SHAW). The Committee notes the Government’s indication that forms and procedures for the issuing of improvement and prohibition notices have been developed, and that inspectors are no longer required to submit a request to the judicial authorities for the issuing of such notices. The Committee also notes the Government’s indication that currently no situations warranting the issuing of such notices have been encountered since employers continue to cooperate with inspectors. The Committee requests that the Government provide statistical information, where applicable, on preventive measures adopted in the event that labour inspectors had reasonable cause to believe that defects in workplaces constituted a threat to the health or safety of workers (Article 13(1)). Where applicable, the Committee also requests the Government to provide information on preventive measures adopted with immediate executory force in the event of imminent danger to the health or safety of workers (Article 13(2)).

Articles 3(2), 10 and 16. Human resources of the labour inspectorate and additional duties entrusted to inspection officers. The Committee previously noted that the Executive Council of the Barbados Workers’ Union (BWU) welcomed the increase in the number of labour inspectors, but indicated that their number was still inadequate in view of the increased responsibilities of labour inspectors under the SHAW. The Committee also observed that the terms “labour/OSH officer” and “labour inspector” are used interchangeably, but that it is not clear whether all labour and OSH officers have the status of labour inspectors and how much of their time is devoted to other functions, to the detriment of their inspection functions. In this regard, the Committee noted that labour inspectors or labour/OSH officers are also responsible for the conciliation of individual labour disputes including the resolution of issues relating to the recommendations of workplace-based OSH committees. The Committee notes the Government’s indication in its report that there are currently eight OSH inspectors and eight labour inspectors working at the Labour Department. However, the Government does not provide the information requested in its previous request. The Committee therefore once again requests that the Government provide clarifications as to whether all labour and OSH officers have the status of labour inspectors, and provide information on the tasks assigned to them. The Committee also once again requests that the Government provide an estimate of the time spent on activities focusing on primary labour inspection duties as compared to any other duties that might be entrusted to them (such as conciliation, mediation, administration, etc.). In addition, it requests that the Government 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 5(a), 17 and 18. Adequacy and enforcement of penalties. Cooperation between the labour inspectorate and the justice system. The Committee previously noted the Government’s indications that, in addition to the increased level of penalties for the violation of several provisions of the SHAW, further attempts were made to increase the penalties under other Acts’ provisions relating to labour law; these penalties having been considered too low by the Government to be dissuasive. The Committee notes that the Government has not provided the requested information in relation to the measures taken to ensure that penalties are dissuasive, and the progress made with the announced plans to strengthen cooperation between the inspectorate and the justice system within the framework of legislative reform. However, it notes the Government’s indication that the Labour Department primarily uses moral persuasion to encourage compliance with labour law, and that therefore no penalties were applied in relation to the violations observed. The Committee further notes that, according to the Government, inspectors normally give instructions to employers to correct infringements detected and undertake follow-up visits to assess the progress made and any remedial steps undertaken.

The Committee recalls that, under the terms of Article 17(1) of the Convention, persons who violate or neglect to observe legal provisions shall be liable to prompt legal proceedings without previous warning. The Committee also recalls paragraph 282 of the 2006 General Survey on labour inspection which notes that violations may be the result of failure to understand the terms or scope of the applicable laws or regulations, and that therefore, labour inspectors must always have the discretion to choose not to impose penalties for the purposes of enforcing legal provisions. The Committee further explained in this paragraph of the General Survey that the discretion provided for in Article 17(1) implies that inspection staff have the necessary capacity for judgment so as to distinguish between serious or repeated wilful non compliance, culpable negligence or flagrant ill will (which all call for a penalty) and an involuntary or minor violation, which may lead to a mere warning. In the light of the above, the Committee requests that the Government take the necessary measures to ensure that labour inspectors are granted the discretion to warn and advise as well as to institute or recommend proceedings in cases of violation of the law, as is provided for in Article 17 of the Convention. In addition, the Committee once again requests that the Government provide information on any measures taken to ensure that penalties are dissuasive and effectively enforced, and to provide information, where applicable, on the number of legal proceedings commenced for labour law infringements and their outcome. The Committee also once again requests that the Government indicate the arrangements made or envisaged to enhance effective cooperation between labour inspection services and the justice system.

Article 7. Training of labour inspectors. The Committee notes that the Government has not provided the requested information on the training of labour inspectors. The Committee therefore once again requests that the Government provide information on the training provided to labour inspectors (subjects covered, number of participants, duration, etc.).

Article 11. Material means and transport facilities available to labour inspectors. The Committee previously noted that labour inspectors have access to an interest-free loan of 25,000 Barbadian dollars (BBD) (US$12,500) repayable over seven years for the purchase of a vehicle, and that a travelling allowance is currently paid at the rate of BBD1.09 (US$1.54) per kilometre. In reply to its previous request in this regard, the Committee notes the Government’s indication that adequate office accommodation is available. In terms of mobility, the Government indicates that inspectors have access to public transportation and that there is a mechanism for the payment of a travelling allowance based on the travel undertaken. Moreover, the department has at its disposal a vehicle. However, this vehicle is not a four-wheel drive, which is sometimes required for rough terrain. The Committee once again requests that the Government provide details of the office equipment available to labour inspectors (number of offices, computers, printers, paper, inspection forms, etc.).

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes the Government’s indication that, while the system for notification of industrial accidents to the Labour Department functions relatively well and has improved through enhanced collaboration with the National Insurance Department; historically cases of occupational disease have not been reported. The Government indicates that this might be due to the fact that: (i) the occupational diseases as defined in the law are unlikely to occur because of the type of economic activity in the country; (ii) persons at risk or affected may not make an association between the disease and work activities; (iii) there are no guidelines indicating the criteria for determining a case of “suspected” occupational disease when employers and medical practitioners are required to report cases of occupational disease; (iv) anecdotal evidence suggests that limited medical examination is carried out. The Committee requests that the Government provide information on any measures taken or envisaged to improve the system for the notification of cases of occupational disease. In this regard, it also invites the Government to take into account the guidance provided in the ILO code of practice on the recording and notification of occupational accidents and diseases.

Articles 20 and 21. Publication and communication of an annual report on the work of labour inspection services. The Committee notes the information in the annual reports of the Labour Department for the years 2005–08 which were received at the ILO in December 2013 and which also contain labour inspection statistics. While the Committee notes that no labour inspections reports for the years 2009–15 were received by the Office, it however notes that some labour inspection statistics were communicated by the Government in its report (including information on the number of labour inspections in the manufacturing sector and the non-manufacturing sector, the violations detected, and the number of industrial accidents reported). This information does however not include the number of workplaces liable to inspection. The Committee trusts that the Government will ensure that annual labour inspection reports are regularly published and communicated to the ILO (Article 20 of the Convention), and that they contain information on all the subjects covered by Article 21(a)–(g). It requests the Government in any event to continue to provide statistical information that is as detailed as possible on the activities of the labour inspection services (including, in particular, workplaces liable to inspection).

Repetition

Articles 3(1)(b) and 13 of the Convention. Preventive activities in the area of occupational safety and health (OSH). The Committee notes with interest the information provided by the Government in response to its previous request concerning the various preventive activities undertaken in the area of OSH. In this context, the Committee also recalls its previous comments concerning the introduction of powers under the Safety and Health at Work Act (SHAW), allowing OSH inspectors to issue “improvement notices” requiring alterations to secure compliance with the provisions of the SHAW (section 112 of the SHAW) and “prohibition notices” requiring alterations to remedy risks to the safety and health of workers, which take immediate effect if the inspector is of the opinion that there is an imminent danger to the health or safety of workers (section 113 of the SHAW). The Committee notes the Government’s indication that forms and procedures for the issuing of improvement and prohibition notices have been developed, and that inspectors are no longer required to submit a request to the judicial authorities for the issuing of such notices. The Committee also notes the Government’s indication that currently no situations warranting the issuing of such notices have been encountered since employers continue to cooperate with inspectors. The Committee requests that the Government provide statistical information, where applicable, on preventive measures adopted in the event that labour inspectors had reasonable cause to believe that defects in workplaces constituted a threat to the health or safety of workers (Article 13(1)). Where applicable, the Committee also requests the Government to provide information on preventive measures adopted with immediate executory force in the event of imminent danger to the health or safety of workers (Article 13(2)).

Articles 3(2), 10 and 16. Human resources of the labour inspectorate and additional duties entrusted to inspection officers. The Committee previously noted that the Executive Council of the Barbados Workers’ Union (BWU) welcomed the increase in the number of labour inspectors, but indicated that their number was still inadequate in view of the increased responsibilities of labour inspectors under the SHAW. The Committee also observed that the terms “labour/OSH officer” and “labour inspector” are used interchangeably, but that it is not clear whether all labour and OSH officers have the status of labour inspectors and how much of their time is devoted to other functions, to the detriment of their inspection functions. In this regard, the Committee noted that labour inspectors or labour/OSH officers are also responsible for the conciliation of individual labour disputes including the resolution of issues relating to the recommendations of workplace-based OSH committees. The Committee notes the Government’s indication in its report that there are currently eight OSH inspectors and eight labour inspectors working at the Labour Department. However, the Government does not provide the information requested in its previous request. The Committee therefore once again requests that the Government provide clarifications as to whether all labour and OSH officers have the status of labour inspectors, and provide information on the tasks assigned to them. The Committee also once again requests that the Government provide an estimate of the time spent on activities focusing on primary labour inspection duties as compared to any other duties that might be entrusted to them (such as conciliation, mediation, administration, etc.). In addition, it requests that the Government 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 5(a), 17 and 18. Adequacy and enforcement of penalties. Cooperation between the labour inspectorate and the justice system. The Committee previously noted the Government’s indications that, in addition to the increased level of penalties for the violation of several provisions of the SHAW, further attempts were made to increase the penalties under other Acts’ provisions relating to labour law; these penalties having been considered too low by the Government to be dissuasive. The Committee notes that the Government has not provided the requested information in relation to the measures taken to ensure that penalties are dissuasive, and the progress made with the announced plans to strengthen cooperation between the inspectorate and the justice system within the framework of legislative reform. However, it notes the Government’s indication that the Labour Department primarily uses moral persuasion to encourage compliance with labour law, and that therefore no penalties were applied in relation to the violations observed. The Committee further notes that, according to the Government, inspectors normally give instructions to employers to correct infringements detected and undertake follow-up visits to assess the progress made and any remedial steps undertaken.

The Committee recalls that, under the terms of Article 17(1) of the Convention, persons who violate or neglect to observe legal provisions shall be liable to prompt legal proceedings without previous warning. The Committee also recalls paragraph 282 of the 2006 General Survey on labour inspection which notes that violations may be the result of failure to understand the terms or scope of the applicable laws or regulations, and that therefore, labour inspectors must always have the discretion to choose not to impose penalties for the purposes of enforcing legal provisions. The Committee further explained in this paragraph of the General Survey that the discretion provided for in Article 17(1) implies that inspection staff have the necessary capacity for judgment so as to distinguish between serious or repeated wilful non compliance, culpable negligence or flagrant ill will (which all call for a penalty) and an involuntary or minor violation, which may lead to a mere warning. In the light of the above, the Committee requests that the Government take the necessary measures to ensure that labour inspectors are granted the discretion to warn and advise as well as to institute or recommend proceedings in cases of violation of the law, as is provided for in Article 17 of the Convention. In addition, the Committee once again requests that the Government provide information on any measures taken to ensure that penalties are dissuasive and effectively enforced, and to provide information, where applicable, on the number of legal proceedings commenced for labour law infringements and their outcome. The Committee also once again requests that the Government indicate the arrangements made or envisaged to enhance effective cooperation between labour inspection services and the justice system.

Article 7. Training of labour inspectors. The Committee notes that the Government has not provided the requested information on the training of labour inspectors. The Committee therefore once again requests that the Government provide information on the training provided to labour inspectors (subjects covered, number of participants, duration, etc.).

Article 11. Material means and transport facilities available to labour inspectors. The Committee previously noted that labour inspectors have access to an interest-free loan of 25,000 Barbadian dollars (BBD) (US$12,500) repayable over seven years for the purchase of a vehicle, and that a travelling allowance is currently paid at the rate of BBD1.09 (US$1.54) per kilometre. In reply to its previous request in this regard, the Committee notes the Government’s indication that adequate office accommodation is available. In terms of mobility, the Government indicates that inspectors have access to public transportation and that there is a mechanism for the payment of a travelling allowance based on the travel undertaken. Moreover, the department has at its disposal a vehicle. However, this vehicle is not a four-wheel drive, which is sometimes required for rough terrain. The Committee once again requests that the Government provide details of the office equipment available to labour inspectors (number of offices, computers, printers, paper, inspection forms, etc.).

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes the Government’s indication that, while the system for notification of industrial accidents to the Labour Department functions relatively well and has improved through enhanced collaboration with the National Insurance Department; historically cases of occupational disease have not been reported. The Government indicates that this might be due to the fact that: (i) the occupational diseases as defined in the law are unlikely to occur because of the type of economic activity in the country; (ii) persons at risk or affected may not make an association between the disease and work activities; (iii) there are no guidelines indicating the criteria for determining a case of “suspected” occupational disease when employers and medical practitioners are required to report cases of occupational disease; (iv) anecdotal evidence suggests that limited medical examination is carried out. The Committee requests that the Government provide information on any measures taken or envisaged to improve the system for the notification of cases of occupational disease. In this regard, it also invites the Government to take into account the guidance provided in the ILO code of practice on the recording and notification of occupational accidents and diseases.

Articles 20 and 21. Publication and communication of an annual report on the work of labour inspection services. The Committee notes the information in the annual reports of the Labour Department for the years 2005–08 which were received at the ILO in December 2013 and which also contain labour inspection statistics. While the Committee notes that no labour inspections reports for the years 2009–15 were received by the Office, it however notes that some labour inspection statistics were communicated by the Government in its report (including information on the number of labour inspections in the manufacturing sector and the non-manufacturing sector, the violations detected, and the number of industrial accidents reported). This information does however not include the number of workplaces liable to inspection. The Committee trusts that the Government will ensure that annual labour inspection reports are regularly published and communicated to the ILO (Article 20 of the Convention), and that they contain information on all the subjects covered by Article 21(a)–(g). It requests the Government in any event to continue to provide statistical information that is as detailed as possible on the activities of the labour inspection services (including, in particular, workplaces liable to inspection).

Repetition

Articles 3(1)(b) and 13 of the Convention. Preventive activities in the area of occupational safety and health (OSH). The Committee notes with interest the information provided by the Government in response to its previous request concerning the various preventive activities undertaken in the area of OSH. In this context, the Committee also recalls its previous comments concerning the introduction of powers under the Safety and Health at Work Act (SHAW), allowing OSH inspectors to issue “improvement notices” requiring alterations to secure compliance with the provisions of the SHAW (section 112 of the SHAW) and “prohibition notices” requiring alterations to remedy risks to the safety and health of workers, which take immediate effect if the inspector is of the opinion that there is an imminent danger to the health or safety of workers (section 113 of the SHAW). The Committee notes the Government’s indication that forms and procedures for the issuing of improvement and prohibition notices have been developed, and that inspectors are no longer required to submit a request to the judicial authorities for the issuing of such notices. The Committee also notes the Government’s indication that currently no situations warranting the issuing of such notices have been encountered since employers continue to cooperate with inspectors. The Committee requests that the Government provide statistical information, where applicable, on preventive measures adopted in the event that labour inspectors had reasonable cause to believe that defects in workplaces constituted a threat to the health or safety of workers (Article 13(1)). Where applicable, the Committee also requests the Government to provide information on preventive measures adopted with immediate executory force in the event of imminent danger to the health or safety of workers (Article 13(2)).

Articles 3(2), 10 and 16. Human resources of the labour inspectorate and additional duties entrusted to inspection officers. The Committee previously noted that the Executive Council of the Barbados Workers’ Union (BWU) welcomed the increase in the number of labour inspectors, but indicated that their number was still inadequate in view of the increased responsibilities of labour inspectors under the SHAW. The Committee also observed that the terms “labour/OSH officer” and “labour inspector” are used interchangeably, but that it is not clear whether all labour and OSH officers have the status of labour inspectors and how much of their time is devoted to other functions, to the detriment of their inspection functions. In this regard, the Committee noted that labour inspectors or labour/OSH officers are also responsible for the conciliation of individual labour disputes including the resolution of issues relating to the recommendations of workplace-based OSH committees. The Committee notes the Government’s indication in its report that there are currently eight OSH inspectors and eight labour inspectors working at the Labour Department. However, the Government does not provide the information requested in its previous request. The Committee therefore once again requests that the Government provide clarifications as to whether all labour and OSH officers have the status of labour inspectors, and provide information on the tasks assigned to them. The Committee also once again requests that the Government provide an estimate of the time spent on activities focusing on primary labour inspection duties as compared to any other duties that might be entrusted to them (such as conciliation, mediation, administration, etc.). In addition, it requests that the Government 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 5(a), 17 and 18. Adequacy and enforcement of penalties. Cooperation between the labour inspectorate and the justice system. The Committee previously noted the Government’s indications that, in addition to the increased level of penalties for the violation of several provisions of the SHAW, further attempts were made to increase the penalties under other Acts’ provisions relating to labour law; these penalties having been considered too low by the Government to be dissuasive. The Committee notes that the Government has not provided the requested information in relation to the measures taken to ensure that penalties are dissuasive, and the progress made with the announced plans to strengthen cooperation between the inspectorate and the justice system within the framework of legislative reform. However, it notes the Government’s indication that the Labour Department primarily uses moral persuasion to encourage compliance with labour law, and that therefore no penalties were applied in relation to the violations observed. The Committee further notes that, according to the Government, inspectors normally give instructions to employers to correct infringements detected and undertake follow-up visits to assess the progress made and any remedial steps undertaken.

The Committee recalls that, under the terms of Article 17(1) of the Convention, persons who violate or neglect to observe legal provisions shall be liable to prompt legal proceedings without previous warning. The Committee also recalls paragraph 282 of the 2006 General Survey on labour inspection which notes that violations may be the result of failure to understand the terms or scope of the applicable laws or regulations, and that therefore, labour inspectors must always have the discretion to choose not to impose penalties for the purposes of enforcing legal provisions. The Committee further explained in this paragraph of the General Survey that the discretion provided for in Article 17(1) implies that inspection staff have the necessary capacity for judgment so as to distinguish between serious or repeated wilful non compliance, culpable negligence or flagrant ill will (which all call for a penalty) and an involuntary or minor violation, which may lead to a mere warning. In the light of the above, the Committee requests that the Government take the necessary measures to ensure that labour inspectors are granted the discretion to warn and advise as well as to institute or recommend proceedings in cases of violation of the law, as is provided for in Article 17 of the Convention. In addition, the Committee once again requests that the Government provide information on any measures taken to ensure that penalties are dissuasive and effectively enforced, and to provide information, where applicable, on the number of legal proceedings commenced for labour law infringements and their outcome. The Committee also once again requests that the Government indicate the arrangements made or envisaged to enhance effective cooperation between labour inspection services and the justice system.

Article 7. Training of labour inspectors. The Committee notes that the Government has not provided the requested information on the training of labour inspectors. The Committee therefore once again requests that the Government provide information on the training provided to labour inspectors (subjects covered, number of participants, duration, etc.).

Article 11. Material means and transport facilities available to labour inspectors. The Committee previously noted that labour inspectors have access to an interest-free loan of 25,000 Barbadian dollars (BBD) (US$12,500) repayable over seven years for the purchase of a vehicle, and that a travelling allowance is currently paid at the rate of BBD1.09 ($1.54) per kilometre. In reply to its previous request in this regard, the Committee notes the Government’s indication that adequate office accommodation is available. In terms of mobility, the Government indicates that inspectors have access to public transportation and that there is a mechanism for the payment of a travelling allowance based on the travel undertaken. Moreover, the department has at its disposal a vehicle. However, this vehicle is not a four-wheel drive, which is sometimes required for rough terrain. The Committee once again requests that the Government provide details of the office equipment available to labour inspectors (number of offices, computers, printers, paper, inspection forms, etc.).

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes the Government’s indication that, while the system for notification of industrial accidents to the Labour Department functions relatively well and has improved through enhanced collaboration with the National Insurance Department; historically cases of occupational disease have not been reported. The Government indicates that this might be due to the fact that: (i) the occupational diseases as defined in the law are unlikely to occur because of the type of economic activity in the country; (ii) persons at risk or affected may not make an association between the disease and work activities; (iii) there are no guidelines indicating the criteria for determining a case of “suspected” occupational disease when employers and medical practitioners are required to report cases of occupational disease; (iv) anecdotal evidence suggests that limited medical examination is carried out. The Committee requests that the Government provide information on any measures taken or envisaged to improve the system for the notification of cases of occupational disease. In this regard, it also invites the Government to take into account the guidance provided in the ILO code of practice on the recording and notification of occupational accidents and diseases.

Articles 20 and 21. Publication and communication of an annual report on the work of labour inspection services. The Committee notes the information in the annual reports of the Labour Department for the years 2005–08 which were received at the ILO in December 2013 and which also contain labour inspection statistics. While the Committee notes that no labour inspections reports for the years 2009–15 were received by the Office, it however notes that some labour inspection statistics were communicated by the Government in its report (including information on the number of labour inspections in the manufacturing sector and the non-manufacturing sector, the violations detected, and the number of industrial accidents reported). This information does however not include the number of workplaces liable to inspection. The Committee trusts that the Government will ensure that annual labour inspection reports are regularly published and communicated to the ILO (Article 20 of the Convention), and that they contain information on all the subjects covered by Article 21(a)–(g). It requests the Government in any event to continue to provide statistical information that is as detailed as possible on the activities of the labour inspection services (including, in particular, workplaces liable to inspection).