Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 81) sur l'inspection du travail, 1947 - Jamaïque (Ratification: 1962)

Articles 3, paragraphs 1 and 2, and 14. Preventive activities in the field of occupational safety and health and notification of cases of occupational disease. In response to the Committee’s previous comments, the Government indicates that, despite the legal obligation of employers under section 21(1) and (2) to notify the Occupational Safety and Health (OSH) inspectorate of industrial accidents and cases of occupational disease, the number of cases of occupational diseases reported remains very small. According to the Government, this under-reporting may be due to the difficulty of establishing a causal relationship between the disease and the worker’s occupation and the lack of qualified specialists in occupational medicine.

The Committee notes with interest that the Government has taken measures to overcome this situation and facilitate the notification of occupational diseases through: (a) the inclusion of a reminder to notify accidents and diseases in letters sent to employers outlining the measures necessary to remedy deficiencies observed during OSH inspections; (b) the proposed amendment to the Workmen’s Compensation Act with a view to addressing the issue of the notification of occupational diseases; and (c) the proposed amendment to the Factories Act to increase the amount of fines in case of failure to notify accidents and diseases. The Committee further notes with interest that awareness-raising activities on ergonomics, noise and the use of chemicals in the workplace are carried out by the OSH department through television programmes.

The Committee wishes to draw the Government’s attention to the ILO code of practice on the recording and notification of occupational accidents and diseases which offers guidance on the collection, recording and notification of reliable data and the effective use of such data for preventive action. The Committee requests the Government to supply information on the proposed amendment to the Workmen’s Compensation Act and to indicate the measures envisaged to improve the system for the notification of occupational diseases. It further requests the Government to keep the Office informed of any other amendments to the legislation adopted for this purpose and of their impact on the notification of occupational diseases. The Government is requested to supply copies of the amended laws.

The Committee is also addressing a request directly to the Government on certain other points.