Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Labour Inspection Convention, 1947 (No. 81) - Jamaica (Ratification: 1962)

Article 12(1)(a) and (c)(ii) of the Convention. Unannounced visits. Production of documents. The Committee notes that, in reply to its previous request, the Government reiterates that in accordance with the requirements under section 13(2)(b) of the Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, any power of entry of labour officers should not prejudice the rights and freedoms of others. The Government indicates that it would be in breach of the Constitution if Parliament were to pass legislation seeking to infringe on the right to privacy. Therefore, legislation that requires the power of entry by labour officers must have provisions that require reasonable notice before a proposed entry, except in circumstances where the officer has a search warrant. Nevertheless, the Government indicates that the issue will be further discussed with social partners. The Committee emphasizes once again that the conditions for the exercise of the right of free entry to workplaces set out in the Convention are intended to enable inspectors to carry out inspections of workplaces in order to enforce legal provisions relating to conditions of work and the protection of workers. On this understanding, unannounced visits enable the inspector to enter work premises without warning the employer, especially in cases where the employer may be expected to attempt to conceal a violation by changing the usual conditions of work, preventing a witness from being present or making it impossible to carry out an inspection (2006 General Survey on labour inspection, para. 263). While noting the Government’s indication regarding its discussions with social partners, the Committee once again requests the Government to take the necessary measures in order to ensure that labour inspectors provided with proper credentials are empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, and to require the production of any books, registers or other documents (Article 12(1)(a) and (c)(ii) of the Convention). The Committee also requests the Government to indicate whether the OSH Bill still provides for the prior notice of at least 24 hours to be given by labour officers to employers for the inspection of records of information.

Article 13(2)(b). Measures with immediate executory force in the event of imminent danger to the health and safety of the workers. In response to the Committee’s previous request, the Government indicates that provisions are being drafted in the OSH Bill to ensure that OSH officers are to issue prohibition notices in circumstances where there is imminent or immediate danger to the safety and health of workers in all workplaces. The Government also indicates that for 2023 there were two stop orders issued on two construction projects. The Committee requests the Government to continue to pursue its efforts in the adoption of the OSH Bills and to ensure that it includes provisions empowering labour inspectors to order measures with immediate executory force to eliminate danger to the safety and health of workers in all industrial workplaces. The Committee requests the Government to provide information on the progress achieved in this respect and to continue to indicate the number of preventive measures with immediate executory force adopted by labour inspectors, in application of Article 13(2)(b).

The Committee is raising other matters in a request addressed directly to the Government.