Work safety in limbo without OSHA
SPECIFIC GUIDELINES for the employment of young persons in industrial establishments are laid out in the Occupational Safety and Health Act 2004 (OSHA), which was passed by both Houses of Parliament early last year but never implemented. Clauses of the sidelined legislation dealing with safety state that young persons should not work on dangerous machinery unless they are "fully instructed as to the dangers arising in connection with its operation and the precautions to be observed." In addition, they must get sufficient training in work at the machine and be under "adequate supervision" by a person who has special knowledge and experience in operating the machinery. Under the legislation, a young person must be at least 16 years old and must be certified as medically fit to work in an industrial establishment as an adult. The Act also specifies the working conditions and hours of work for young persons. They cannot work between the hours of 10 pm and 7 am, or for more than eight hours a day. Hours of employment should include a rest period of at least one hour and no young person should work more than 48 hours a week. The delays in implementing OSHA, concerns about safety in the workplace and issues relating to the employment of young persons, came into sharp focus last week after two 17-year-old workers were killed in industrial accidents on the compound of Trinidad Cement Limited. In the first incident, which occurred last week Saturday, Dinesh Rampersad died after he fell head first into a silo at the cement plant. Just a few days later, the other teen worker, Sunil Balgobin died of injuries sustained from a fall down a flight of stairs at TCL. Their deaths brought the total number of industrial fatalities in this country for the year to 14 and in the aftermath of these latest tragedies, there have been calls for implementation of long-outstanding OSHA legislation. The legislation which has been the centre of controversy and criticism for approximately two years first saw light of day in October 2003 when it was introduced in the House of Representatives by then Labour Minister Lawrence Achong. Achong successfully piloted the Bill through both Houses of Parlia-ment. It was debated and passed in the Lower House on December 5 of that year and was introduced in the Senate a few days later on December 9. The legislation was passed by the Senate on January 13, 2004. The OSHA Act was assented to on January 30, 2004, but was never proclaimed and has since been moth balled. According to Labour Minister Danny Montano, the Act is being amended and is currently the subject of consultations aimed at strengthening some of its provisions. Once the consultations are completed, the proposed amendments will be taken to Parliament for debate — a process that may take several months. The high number of workplace fatalities for the year so far has only heightened the acrimonious debate over OSHA, with trade unionists and Opposition parliamentarians regularly lashing out at the Government’s failure to implement the legislation. In the House of Representatives last Wed-nesday, Opposition MP Dr Roodal Moonilal, a labour expert and the representative for Oropouche, des-cribed the situation as "corporate manslaughter." Strong condemnation of the current situation has also come from the country’s leading trade unionists. Occupational safety and health, a contentious issue in Trinidad and Tobago for several years, has to do with protecting the safety, health and welfare of employees, organisations and others affected by the work they undertake — customers, suppliers and members of the public. The prevailing view is that employees should not have to risk life or limb in carrying out their duties and others should not be affected by their undertakings. In the United States, the United Kingdom and in several parts of Europe, occupational health and safety laws have been in existence for many years and are reinforced in both civil and criminal law. It is believed that without the threat of litigation for failing to protect workers, many organisations would not comply with the moral obligation to provide a safe working environment, inclusive of protective gear, that meeting established standards. There are also economic reasons for complying with occupational safety and health laws. There is a cost to the State for poor occupational safety and health practices and companies face a number of costs in the event of an incident at work, including legal fees, fines, compensation and loss of production. In the European Union (EU), member states have enforcing authorities to ensure that the basic legal requirements relating to occupational safety and health are met. In several EU countries, there is strong cooperation between employers and trade unions on this issue, since it is recognised that there are benefits for workers, as well as employers. Since the 1970s, OSHA has been regulating occupational safety and health in the United States. Occupational safety and health legislation usually requires that risk assessments are conducted to identify hazards and those affected by it, evaluate possible risks and determine and prioritise required action. This assessment is recorded and reviewed periodically, particularly when there is a significant change to work practices. In Trinidad and Tobago where there is a large industrial sector, including oil and gas facilities and other light and heavy manufacturing plants, significant numbers of workers work in places where they are exposed to a number of hazards. These include biological and chemical agents, noise, vibration, dangerous machinery, electricity, falls and several factors that can trigger work-related stress. The current OSHA, which is more than 100 pages long, deals with issues of safety, fire, health and welfare, as well as the rights of employees to refuse to work where their safety and health would be in danger. The Act provides for establishment of an Occupational Safety and Health Authority consisting of a Chairman, Deputy Chairman, Execu-tive Director and members representing safety, health, energy industries and other relevant sectors.
Comments
"Work safety in limbo without OSHA"