Demande directe (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

The Committee notes the information supplied by the Government in reply to its previous comments concerning Article 5, paragraph 3, of the Convention.

Article 2, paragraph 2(b). Further to its information concerning the first exercise of reclassification of staff nurses, the Government states that other categories of nurses have been reclassified and that reviewed and rewritten job descriptions have been submitted to a Health Review Board, whose deliberations were now being discussed by the associations and unions. The Committee would appreciate receiving information on the outcome of these discussions.

Article 5, paragraph 2. The Committee notes from the collective agreements supplied together with the Government's report (agreement concluded between the Ministry of the Public Service (MPS) and the Midwives' Association of 26 March 1992; between MPS and the Nurses' Association of Jamaica (NAJ) on 14 September 1992; between MPS and the Jamaica Enrolled Nurses' Association (JENA), the Jamaica Union of Public Officers and Public Employees (JUPOPE), the National Workers' Union (NWU) and the Bustamante Industrial Trade Union (BITU) on 5 February 1991) that these agreements are applicable only to financial benefits for nursing staff. Under these agreements, questions such as training (sections 5.0 to 5.6 of the MPS-NAJ agreement), posts (sections 6.0 to 6.4) and improvement of workplace facilities (section 11) are to be dealt with by the Ministry of Health, and professional appointments and post-basic courses (section 3 of the agreement between MPS and JENA, JUPOPE, NWU and BITU) are again to be examined at the local level by the Ministry of Health, as well as the implementation of post-basic courses (section 5) and the reopening of additional training schools (section 6). The Government states in its report that these conditions of employment and work are determined by negotiation for nursing personnel within the public sector and subsequently by private sector nurses. The Committee asks the Government to indicate where the results of these negotiations are laid down, and to provide a copy of such documents.

Article 6(a) and (b). The Committee notes the information concerning this provision of the Convention, as far as nursing staff in the public sector is concerned. It requests the Government to provide copies of collective agreements, if available, regulating each of the subjects covered by this Article in the private sector.

The Committee further notes that because of the shortage of nursing personnel, voluntary additional hours are worked by nurses, and that remuneration for overtime is based on a formula agreed upon during negotiations. It requests the Government to provide the formula in question, and also indicate up to how many hours overtime may be worked and to what extent weekly rest may be forgone.

Article 7. The Committee requests the Government to indicate the measures which have been taken or are envisaged to improve existing laws and regulations on occupational health and safety by adapting them to the special nature of nursing work and of the environment in which it is carried out. Furthermore, with reference to its general observation of 1990, which was reiterated in 1994, the Committee requests the Government to indicate the measures which have been taken or are envisaged, in consultation with the employers' and workers' organizations concerned, to take into account the particular risk of accidental exposure to the human immunodeficiency virus (HIV) among nursing personnel: for example, by the arrangement of working conditions, confidentiality of test results, recognition that the cause of infection was occupational, etc.

Point V of the report form. The Committee notes the information supplied and hopes that the availability of nursing services will improve with the graduation of the latest nursing class. It asks the Government to continue to supply the information requested under this point regarding the manner in which effect is given to the Convention in practice. The Committee would also appreciate receiving a copy of the Nurses and Midwives Act, which according to the Government is still under revision, upon its adoption.