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A CRITICAL ANALYSIS OF THE HEALTH AND SAFETY SYSTEM IN TRINIDAD AND TOBAGO

BY: Kelvin Vine

September 2005

 INTRODUCTION

The purpose of health and safety legislation is to prevent accidents and injury. Any organization operating in a country must abide by the health and safety systems of that country. This report describes the existing legislation in Trinidad and Tobago as well as the proposed (soon to be enacted) legislation.

HISTORY OF LEGISLATION

The present legislation in Trinidad and Tobago dates back to 1949 and is modelled on 1937 English statutes. Over the years, several updates have been put into effect:

Boiler Regulations 2/1949, Air Pressure Container Regulations 3/1949, Distillery (Safety) Regulations Government Notice 213/1949, Factories (Welfare Regulations) 62/1951, Factories (Electricity Regulations) 61/1951, Factories (Cleaning of machinery in motion) Order 109/1949, Woodworking Machinery Regulation 152/1949, The Electric Accumulator (Manufacture and Repair) Order184/1974 and The Factories (Protective Measure) Order 210/1977.

A completely new bill, intended to repeal all previous bills, was passed by Parliament (December 2003), and by the Senate (January 2004). However, this bill has not yet been proclaimed and hence not yet in force.

 

CURRENT STRUCTURE

The current legislation in force is the Factories Ordnance Act. This act places the responsibility for occupational health and safety in the hands of Occupational Safety and Health Division of the Ministry of Labour. Inspectors are appointed by this division whose function is to inspect factories to ensure compliance with the act. Inspectors are authorised to take along a police constable if there is reasonable cause. Inspectors may require the production of any applicable register, notice or document in pursuance of the ordinance, and require any person found in a factory to supply information.

Inspectors have the power to enter any factory at any reasonable time of the day or night and to examine every part of the factory. Obstruction of an inspector in the performance of his duty is an offence. Inspectors are authorized to conduct proceedings before magistrates with regard to offences committed by the occupier of a factory under the act. Inspectors of the local health authorities are also provided with powers of entry and inspection similar to that granted to inspectors of the Occupational Safety and Health Division of the Ministry of Labour described above. Both these inspectors have the power to initiate legal proceedings against any owner of any factory in breech of the ordinance. Inspectors are not required to serve on any jury.

In addition to providing the legal framework for inspection and prosecution, the act provides legislation and standards for the following aspects of Health and Safety:

  • Cleanliness, crowding, ventilation, drainage and toilet facilities of the factory.
  • Fencing, guarding of machinery.
  • Hoists and lifts, steam boilers and air pressure containers.
  • Provisions for prevention, fighting and escape from fire.

 

The ordinance embodies many of the health and safety standards, leaving very little for subsidiary legislation called Regulations. Acts of this nature are very difficult to keep up to date. Changes in technology or working practices requires the statute to be revisited and passed through government i.e. the lower and upper houses of parliament, the senate and finally the president for proclamation. As a result, the act has become outdated and obsolete. There are no provisions for environmental issues. Penalties for breeches of the act are ridiculously low, for example a TT$240 fine for working a pressure vessel over its recommended maximum pressure and TT$48 for wilfully obstructing an inspector.

In an effort to solve this problem, successive governments in Trinidad and Tobago have been trying to update the Factories Act for the past 15 years, with little success. Presently a new bill, the Occupation Safety and Health Act 2004, is awaiting presidential proclamation after having been passed by both houses of parliament. The new bill seeks to alleviate many of the concerns arising from the Factories Act being outdated, and represents an effort by the government to modernise health and safety legislation.

STRUCTURE OF THE PROPOSED OCCUPATIONAL SAFETY AND HEALTH ACT OF 2004

The proposed Occupational Safety and Health Act of 2004 has been much anticipated. It is not merely an update of the old Factory Act but an entirely new piece of legislation intended to repeal the outdated Factories Act. It follows the trends of modern health and safety legislation, and complies with most of the guidelines and principles set out in International Labour Organisation (ILO) conventions and recommendations.

ILO convention No. 155 and ILO recommendation No. 165 emphasises the tripartite policy of co-operation between government, employers and employees in the formulation of legislation on safety and health. The Occupational Safety and Health Act of 2004, updates, revises and extends the scope of the existing law. It also establishes an Occupational Safety and Health Authority responsible for consulting with representatives of employers, employees and other members of professional boards in the updating of regulations pertaining to the act. It also sets down guidelines for employers and workers separately, detailing the responsibility of each.

The updated 2004 Occupational Safety and Health Act makes the following general provisions:

  • Broadens coverage to include contract workers, and increases coverage of the area occupied by workers.
  • Increases the power of inspectors.
  • Includes protection of the environment and the public.
  • Requires medicals for workers.
  • Requirement for written emergency response plan.
  • Fines increased to realistic sums; $10,000 to $100,00

Duties of employers are clearly set out as recommended by the ILO. However, these duties serve merely as an update and broadening of the duties defied under the current Factories Act. One critical aspect which has been omitted is the requirement for the employer to consult with employees or a representative of the employees in the formulation of a safety policy. The updates to the general duties of employers are to:

  • Ensure employee safety and welfare.
  • Develop and publish hazardous chemical safety plan.
  • Provide a written health and safety policy.
  • Establish safety committees in the workplace.
  • Provide personal protective equipment.
  • Responsible for providing safe plant and safe systems of work.
  • Responsible for providing safe means of handling, transporting and storage of articles, machinery and substances.
  • Responsibility for training employees in safe working practices.
  • Ensuring safe maintenance of workplace.
  • Conduct risk assessments for the safety of employees.
  • Ensure safe means of access and egress without risk to employees.
  • Ensure a safe environment without risk to workers.
  • Ensure the safety of pregnant mothers and the unborn child.

 

Duties of employees are also given. However, these duties are basic and do not give them rights to query safety procedures, or have any input into the formulation of company safety policy. Duties of employees are:

  • Take reasonable care of ones safety and the safety of others.
  • Fines of up to $10,000 for wilful acts causing death or injury to others.
  • Compliance with the safety policy published by the employer and reporting any breeches of the act.
  • Must not interfere with anything provided for the safety and health of workers.
  • Correctly use provided personal protective equipment.
  • Employees now have the right to refuse to work in a situation which he/she determines to be dangerous.

 

The most notable advantage over the Factories Act is the establishment of an Occupational Safety and Health Authority. It is through this authority that regulations governing the act are to be updated and revisited. The authority is composed of a chairman and representatives from the Ministry of Health, Bureau of Standards, Ministry of Labour, Ministry of Energy and 9 other members. Of these 9, 2 should be representatives of employers, 2 representatives of employees and the remaining 5 to include representatives of other bodies concerned with safety and health.

The Authority oversees and assists persons with the general provisions of the act. It will also conduct relevant research which will enable the Authority to make proposals for the making of regulations under the act. The authority is responsible for the approval and review of codes of practice and also has the power to withdraw approval for codes which become unsuitable.

Appointment of inspectors shall now fall under the new authority. Inspectors will have all the powers of entry, prosecution and right to take samples as in the Factories Act. Additionally, inspectors have the power to take along technical advisors to conduct investigations into accidents, to take necessary photographs and to conduct any necessary medical examinations. Inspectors can now serve probation notices if he/she determines that dangerous conditions exist.

CONCLUSION

The act that is presently in force, as well as that proposed does not contain any unusual provisions beyond what any manufacturing firm should already have in place to avoid the financial cost of accidents and to preserve its own reputation in a competitive market.

BIBLIOGRAPHY

Caribbean Environmental Health Institute website http://www.cehi.org.lc/wh/TrinidadTobago.htm

Convention 155, Occupational Safety and Health Convention, 1981. Convention concerning Occupational Safety and Health and the Working Environment. C 155 International Labour Organisation.

International Labour Organisation website:  Handbook for Joint Safety and Health Committees in the English-speaking Caribbean. Occupational Safety and Health Legislation in the Caribbean.
http://www.ilo.org/public/english/region/ampro/portofspain/infsources/osh_handbook/legisl.htm

Legal Supplement Part A to the “Trinidad and Tobago Gazette’’, Vol. 43,
No. 20, 5th February, 2004

Recommendation 164, Occupational Safety and Health Recommendations, 1981, Recommendation concerning Occupational Safety and Health and the Working Environment Recommendation: R164. International Labour Organisation.

Revised ordinances 1950 Chapter 30 No.2  FACTORIES 18th December 1948

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