29 workers die on the job in 5 years

Sunday Newsday Special Report

At the end of 2002, there had been over 350,000 deaths worldwide, as a result of  occupational accidents. Most of them occurred in Asia, according to the International Labour Organisation (ILO). The ILO report on occupational accidents for the Caribbean area, showed that five out of a total of 65 fatalities were reported to the organisation for the same year. The Central Statistical Office (CSO) on Labour and Employment between the years 1994 to 1999, showed a total of 29 fatalities over the five-year period in TT, and over 2,500 non-fatal accidents in the industrial sector. However, according to trade union officials, these figures are grossly under-reported. The ILO estimated that over two million workers die each year from work-related accidents and diseases, and that globally, this figure is on the increase.

With regard to this type of industrial accidents, the most occurred when the workers either stepped on or were struck by objects. The second highest number of accidents were through over exertion or strenuous movements, third highest — struck by falling objects, fourth — fall of person, fifth — caught in, or between objects and in the sixth and seventh least categories, — exposure to, or contact with extreme temperatures and exposure to, or contact with harmful substances of radiation. In another report, accidents caused by equipment other than machines, seemed to be the highest forms of industrial accidents by agency, followed by accidents via materials, substances and radiations. While the figures in TT are small in comparison to those of other countries, trade unionists say the loss of one life is one too many, and the economic gain of employment is no compensation for the human suffering and the loss of a limb, a finger, a leg or toe.

The Occupational Safety and Health Bill, 2003, an Act, aimed at respecting the safety, health and welfare of persons at work, was passed in the Lower House recently and may soon become proclaimed after appropriations are made. The Bill has been bandied about for many years since the first Act of 1891 and one amendment in 1975. Since then, there have been several attempts for further amendments. The Bill was recently passed with support of the Opposition UNC, who broke their threat of non-cooperation with the Government. It will repeal the Factories Ordinance of 1948, and the Employment of Wo-men (NightWork) Act, Chap 88:12, which provides for the revision and extension of the present law regarding the safety, health and welfare of persons at work in order to keep pace with the country’s rapid industrialisation. The former Act applied only to persons employed in factories, but the jurisdiction of this Bill, would be wide enough to embrace all persons at work.

Trade Unions have lauded the attempt by Government to pass the law, as scores of occupational accidents, some resulting in the loss of life, occurred over the years, without reprieve. One trade unionist summed up the impact of occupational hazards, saying that the human suffering associated with it is immeasurable. Among the arguments from certain quarters of society, is why, despite the human suffering, most employers in TT continue to cover up accidents on the job and are reluctant to compensate the affected person/s. One UNC politician, Dr Fuad Khan, said while the present Government did not support the UNC when they tried to pass the Bill a few years ago because the then PNM Opposition had found several flaws, the present Opposition agreed to support the PNM Government this time because they believe in workers’ rights.

Some notable aspects of the Bill—“Employers will have to preserve accident scene”

Trade Union representatives pointed out that in times past,  employers at various industrial factories would have their workers quickly cover up the scene of an accident. The result — there was very little evidence left to formulate a strong case for the injured worker to receive full benefits.
But this may soon be a thing of the past when the law is enforced. Director of Health, Safety and Environment of  the National Trade Union Centre (NATUC), Giddeon Lynch, said if the Act is enforced, it would be a “wake-up call” for all employers across the country to raise health and safety standards to an international level. Lynch noted that the current law is ancient, dating as far back as the 1940s. “Therefore, the unions could not even deal with a number of issues because there was nearly no law but a non-operational law with very little powers,” he said. Referring to the Act, which states that all companies will have to form a health and safety committee, he said this is the start of putting the law along international standards.

Section 25(e)1, states:
Every employer in consultation with the representatives of his employees shall establish a safety and health committee, at an industrial committee’s establishment in accordance with this section where —
(a) there are 25 or more persons employed at that establishment or
(b) the Chief Inspector on the basis of the prescribed criteria, directs the establishment of such a committee at the industrial establishment where fewer than 25 persons are employed. Every safety and health committee established at a work place in accordance with this Act shall —
(a) keep under review the measures taken to ensure the safety and health of persons at the place of work
(b) investigate any matter at an industrial establishment —
(c) in which a member of the committee or person employed there at,  considers not safe or is a risk to health and
(d) which has been brought to the attention of the employer
(e) attempt to resolve any matter and, if it is unable to do so, shall request the Chief Inspector to investigate the matter.
Part VIII of the Bill, provides for the notification of a Chief Inspector and the investigation of accidents which may be prejudicial to the safety or health of the public, or which cause or have the potential of causing death or critical injury.
When death or critical injury as defined in clause 4 occurs, the scene of the incident must be preserved.
Part VIII
a. Notification of accidents
b. Preservation of scene
c. Notification of occupational diseases
d. Autopsy in cases of death by accident or occupational disease
e. Enquiry into accidents and cases of occupational disease
f. Medical inspector to investigate and report.
Lynch noted that establishing such a mandate, is the very foundation of democracy.
“And the standards of occupational health and safety will further be raised with the participation of all of its employees and they should be trained and educated in these matters,” he said.
He admitted, however, that one of the problems in our society is that a lot of people can get away with almost anything.
Lynch has called on government, that if they are to ensure that these committees are established, there be more policing of  business places.
“Just like the implementation of the minimum wages Bill, people tried to circumvent that, so they will try to circumvent the law in this regard.
To avoid this, there must be more vigilance on the part of the workers, trade unions and the State,”he said.
Lynch lamented that the number of incidents due to negligence on the workplace is grossly under-reported and the human suffering associated with accidents and severe injuries is imeasurable, and cannot be calculated in any value.

Government’s OSH Authority

If the Act is enforced, it would also allow for the establishment of the Occupational Safety and Health Authority. This Authority would consist of a Chairman and Deputy Chairman appointed by the Minister, an Executive Director, who would be a public officer, representatives of the Minister responsible for occupational safety and health, health and energy industries and representatives of employers’ organisations, employees’ organisations and such other organisations as the Minister considers appropriate. The functions of the Authority, which are generally of an advisory nature, are set out in clause 66 of the Bill.

4. “No children allowed to work”

The Act will establish law which prevents people from hiring children to work, especially in an industrial establishment.
Part 1V(4), under safety states-
“In every industrial establishment, no young person shall work at a machine to which this section applies, unless he has been fully instructed as to the dangers arising in connection with its operation, and the precautions to be observed, and-
a. has received sufficient training in work at the machine or
b.is under adequate supervision by a person who has special knowledge and experience in the operation of the machine.”

5. “Workers must use protective gear”-

Under clause 23 of part four(1) of safety, all persons entering an area in an industrial establishment where they are likely to be exposed to the risk of head, eye, ear, hand or foot injury, injury from air contaminant or any other bodily injury, shall be provided with suitable protective clothing or devices of an approved standard and adequate instructions in the use of such protective clothing or devices, and no person shall be permitted to be in any such area, unless he is wearing such protective clothing or device.
2.In every area where protective clothing or devices are required to be worn under sub-section 1, a notice to that effect shall be conspicuously displayed.
25(1) Every dangerous part of any machinery, other than prime movers and transmission machinery, shall be securely fenced, unless it is in such a position or of such construction as to be safe to every person employed or working on the premises as it would be if securely fenced.

Steel Workers’ Trade Union-
‘Workers, be empowered’

President of the Steel Workers’ Union, Lex Lovell, has called on all workers, especially those employed in industrial factories, to know their rights where the Occupational, Health and Safety Bill is concerned. He said for the past year alone, there were two deaths and a few occupational accidents. He lamented the fight unions have had to battle over the past few years in getting enough compensation for the affected individual and his family. “When a family looses a loved one because of an accident on the job, no compensation can ever be enough for that,” said Lovell. He noted that while there have been fewer fatalities, there were increased numbers of physical injuries on the job. Referring to certain aspects of the Bill, he called on government to ensure that there be enough forensic resources available when investigators have go on an accident site.

“Sometimes, the site can be interferred with during a short space of time, not just by persons but through environmental factors as well. So, they need to have them go there quickly and have all the forensic testing necessary for effective results,” he said. Lovell said some companies have already started occupational, health and safety committees, but he called on workers to become more involved and responsible, in knowing their rights. He said while the unions are very happy about the law, they will be policing its eventual  implementation across the board. “We will have to do some policing because there are some unscrupulous employers who will be reluctant to implement the law,”said Lovell. He has also called on govenment to start tri-partheid consultation, in which the businesses, unions and government will be included in discussions over the law. Lovell said it was time the law was amended, pointing out that laws have been made for the improvement of the country’s economic development, but legislation for workers’ rights has always been discarded.

ILO — OHS culture needed in TT-
‘Prevention is better than cure’

The ILO Subregional Office for the Caribbean, Port-of-Spain, has stated that a national preventative safety and health culture is needed in TT for the successful implementation of the OHS Bill. Such a culture, the ILO said, is one in which the right to a safe and healthy working environment is respected at all levels. It is also one in which governments, employers and workers actively participate in securing a safe and healthy working environment through a system of defined rights, responsibilities and duties and where the principle of prevention is given the highest priority. Referring to a report issued on the occasion of the ILO’s first commemoration of a World Day for Safety and Health at work on April 28, 2003, the organisation said: “Building and maintaining a preventative safety and health culture require making use of all available means to increase general awareness, knowledge and understanding of the concepts of hazards and risks and how they may be prevented or controlled.”