Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

With reference to its observation, the Committee would be grateful if the Government would provide additional information on the following points.

1. The appropriate and dissuasive nature of penalties. Under the terms of section 17 of the Health and Safety at Work Act, No. 2 of 2002, a single penalty is envisaged for any offence against any of its provisions, without the gravity of the offence being taken into account (a fine of $5,000). In accordance with Article 18 of the Convention, penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties must be adequate. The Committee would be grateful if the Government would provide information on the manner in which it is ensured that the penalty is adequate, as required by Article 18 of the Convention, and if it would indicate, where appropriate, the respective case law.

2. Staffing and functions of the labour inspectorate. In its report provided in 2001, the Government indicated under Article 3 of the Convention that no additional duties are entrusted to labour inspectors other than those provided for in paragraph 1. However, under Article 10, the Government indicated that labour inspectors assigned to the various islands have to perform functions in addition to their inspection duties. According to the information provided in the additional report of October 2002, labour inspection is ensured by a staff composed of five inspectors, of whom three are in Nassau and two in Freeport, and on other islands by labour officers, the numbers of whom are being increased. The Committee would be grateful if the Government would indicate the criteria for the recruitment, conditions of service and qualifications, as well as the duties attributed to labour officers acting as labour inspectors. Please also indicate the basis on which the geographical distribution of each of the two categories of labour inspection personnel is determined.

3. Obligation of confidentiality with regard to information and the source of complaints. The Committee would be grateful if the Government would provide information on the manner in which it is ensured that labour officers who do not have the status of labour inspectors comply with the obligations of confidentiality set out in Article 15(b) and (c) of the Convention with regard, firstly, to manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties and, secondly, the source of any complaint bringing to their notice a defect or breach of legal provisions.

4. Fields of competence of labour inspectors with regard to the application of legal provisions respecting working conditions. Noting that the Employment Act No. 27 of 2001 does not contain provisions on the supervision of its application, the Committee would be grateful if the Government would provide information in this respect and supply a copy of any relevant text.

Noting that labour inspectors are empowered to enter workplaces without previous notice, in conformity with Article 12, paragraph 1(a) and (b), and that they are required to notify the employer or his representative of their presence, the Committee would be grateful if the Government would indicate whether, as envisaged in paragraph 2 of the same Article, labour inspectors may decide to refrain from this formality where they consider that such notification may be prejudicial to the effectiveness of the inspection. If not, the Government is requested to take the necessary measures to bring its legislation into conformity with this provision of the Convention.

5. Labour inspection and child labour. With reference to its general observation of 1999, and noting that the provisions of the Employment Act, No. 27 of 2001, also cover the employment of children and young persons, the Committee hopes that the Government will ensure that labour inspectors are able to involve themselves actively in seeking out and taking legal action against violations of the legislation respecting child labour and that relevant statistics will regularly be included in the annual inspection report.