Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 81) sur l'inspection du travail, 1947 - Bahamas (Ratification: 1976)

Autre commentaire sur C081

Observation

Demande directe

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Article 15 of the Convention. Compliance by labour inspectors with the obligations of maintaining manufacturing or commercial secrets and the confidentiality of the source of any complaint. The Committee notes that according to the Government, labour inspectors are bound by the secrecy oath applicable to all public servants and that manufacturing in the Bahamas is limited to small businesses while safety and health is not the main focus of the labour inspectorate. The Committee once again requests the Government to provide copies of the texts which ensure compliance by labour inspectors with the requirements of Article 15 of the Convention concerning the obligation of labour inspectors to maintain manufacturing or commercial secrets and the confidentiality of the source of complaints, including the secrecy oath of public servants. The Committee also requests the Government to provide information on the sanctions and disciplinary measures applicable in case of breach of the obligation to maintain manufacturing or commercial secrets and the duty of confidentiality. Finally, the Committee requests the Government to provide information on any proceedings instituted against labour inspectors in breach of these duties and obligations.

Articles 19, 20 and 21. Reporting obligations of the labour inspection services. The Committee notes that, once again, no annual inspection report has been received and the Government is confined to indicating that while there are inspection reports, these are submitted in hard copy and not electronically. The Committee draws the Government’s attention to the general observation of 2010 concerning Articles 20 and 21 of the Convention, and emphasizes that annual reports constitute an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness. Detailed and well prepared reports on the activities of the labour inspection system are of fundamental importance to assess the rate of coverage by labour inspection services in relation to their scope and to determine the resources that have to be allocated to this public function. Furthermore, the publication of the annual inspection report, particularly through modern technological means, can also facilitate the development of exchanges in the fields of the conditions of work and the protection of workers at the regional and international levels, including through technical and financial cooperation. Therefore, the Committee once again requests the Government to indicate the measures taken or envisaged in order to compile and publish an Annual Labour Inspection Report containing information which is as detailed as possible on all items listed in clauses (a)–(g) of Article 21. Furthermore, the Committee requests the Government to provide copies of the inspection reports mentioned in its report, as well as copies of model reports for the inspections of establishments, periodical reports by inspection officers as envisaged by Article 19, and any relevant statistics available. The Government is finally requested to indicate the difficulties encountered in the implementation of these provisions of the Convention and the measures envisaged to overcome them.