Prevention of Occupational Diseases in Trinidad and Tobago

Prevention and control of Occupational Dieases in Trinidad and Tobago is managed by the the Trinidad and Tobago Occupational Safety and Health Authority Agency ( OSHA) in conjunction with the Ministry of Labour and micro Enterprise development and by in large the International Labour Organisation (ILO) also with input from the Ministry of Community Development.

The significance of the Ministry of Labour in prevention of Occupational diseases is important because the contruction industry is certainly one of the most high risk/high impact industries in Trinidad economy today which the statistics show:

• 2005: Construction industry accounted for 24% of all fatalities • 2006: Construction industry accounted for 30% of all fatalities • 2007: Construction industry accounted for 35% of all fatalities• 2008: Construction industry accounted for 33.3% of all fatalities• 2009: Construction industry accounted for 27% of all fatalities

THE OCCUPATIONAL SAFETY AND HEALTH IN TRINIDAD AND TOBAGO • Occupational Safety and Health in Trinidad and Tobago has been governed since

1948 via the Factories Ordinance 1948 as amended in 1952. As early as 1973, Trinidad and Tobago examined a number of drafts to amend and review the health and safety law.

• In 2004, the Occupational Safety and Health Act was assented to, primarily because the existing legislation proved to be narrow in scope, outdated and inappropriate to deal with the expanding industrial sector, and most occupations and workplaces fell far outside the ambit of the legal framework of the Factories Ordinance of 1948.

• The Occupational Safety and Health Act 2004 (as amended) (OSH Act) include construction sites within the definition of 'industrial establishments' and Section 5(4) specifies that 'this Act binds the state.'

• All construction sites are therefore subjected to inspection by the OSH Agency; both private and public sector worksites, including projects owned by the State and quasi-State bodies.

• As a direct result of the construction boom and deficient provisions for health and safety on several project sites throughout Trinidad and Tobago, an increase in accidents and incidents was noted prior to the economic slowdown.

• Trench related activities and work at heights are particularly high-risk and gave rise to the most fatalities on construction sites from 2005-2007.

• There were also a significant number of construction site related electrocutions within this period. • In 2005 the construction sector in Trinidad and Tobago directly employed 101, 820 people

(Central Bank Data Centre) and in that year 24 per cent of all industrial fatalities arose from this sector.

• In 2006, a renewed initiative was taken by the then Occupational Safety and Health Unit of the Ministry of Labour and Small and Micro Enterprise Development to collaborate with planning organisations, government agencies and professional organisations to facilitate the regulation of this industry. Consequent to the increasing number of major construction projects in Trinidad and Tobago and the increase in the number of accident notifications from this sector, an enhanced inspection programme (blitz) was initiated in October 2007 and was completed in March 2008.

• There are several contributing factors for the high fatality rate in the construction industry. • The construction industry is inherently hazardous. • In fact the International Labour Organisation (ILO) identifies it as one of the most hazardous

industries in the world, with agriculture, logging and mining being other highly dangerous industrial sectors.

The OSH Agency, officially established August 17, 2007, is built upon the old Factories Inspection Unit of the Ministry of Labour and Small and Micro Enterprise Development. Whereas the OSH Authority has the primary function of policy formulation, the OSH Agency is responsible for the implementation and execution of those policies.

The new OSH Act (in effect since February 2006) extended the work area, the legal powers of the inspectors and the obligations for employers and employees as well.

OSHA is basically an enforcing body of the OSH regulation (OSH Act and OSH regulations) vested with legal powers for the inspectors, to access every industrial establishment, to require any information needed to carry out investigations and to use their legal intervention powers. The inspectors report to the Chief Inspector and are currently operating in the following six (6) sub units:

• Oil and gas; • Ports, chemical and petrochemical industry; • General manufacturing; • Construction and quarries; • Agriculture and services; and • Occupational health. However being an enforcing body, the main objective of OSHA is compliance with the OSH Act,

rather than primarily sanctioning or prosecution.  As such, public awareness-raising, the involvement and sensitization of tripartite partners and other stakeholders and close co-operation with other ministries and institutions, as well as supporting OSH training structures and provision of accessible OSH information are considered critical in promoting a preventative safety and health culture in Trinidad and Tobago. 

The main target for the OHS-Agency for the coming two years is to build a modern, efficient, effective and highly qualified HS Inspection Service, meeting international standards.  That implies an organization which will be considered as reliable, integer, communicative and accountable, with a high impact and a good image

• June 23rd 2010 was an historic moment for Labour in Trinidad and Tobago - the Industrial Court heard its first ever OSHA matter The court ruled in favour of protecting the people and another step was made in creating Safe and Healthy workplaces throughout Trinidad and Tobago.

• Enforcement is just one approach of OSHA which is committed to educating the public on their roles and responsibilities under the OSH Act of 2004 (as amended).

• Another approach are symposiums which are planned throughout the year - all with the aim of educating the public about Occupational Safety and Health and the promotion of a culture of safety in Trinidad and Tobago.Another much-anticipated activity that is along the line of educating the public and promoting a culture of safety is the OSHA Lecture Series 2010.

• OSHA has designed a series of lectures, free to the public, covering every aspect of the OSH Act. This lecture series took place in July and August of 2010 and will be delivered at various venues across the country. Venues that are easily accessible and attendance is free of charge

• These lectures will be presented by experts within the field of Health and Safety who also conduct inspections on various establishments and will also serve to enlighten and educate stakeholders on the importance of the health and safety in the workplace.

• The Mission of the Ministry of Labour and Small and Micro Enterprise Development is to protect the national workforce and is not without its challenges. More employers need to appreciate that Occupational Safety and Health is a good investment, not only from a moral viewpoint but also from a sound business perspective.

• The Occupational Safety and Health Authority and Agency plays a vital role in educating and raising OSH awareness among Employers and their Employees; in essence catalyzing a cultural change.

The Occupational Health and Safety Agency is charged with:

• Assisting and encouraging persons to be protected by the provisions within the OS&H Act

• Exceeding and publishing research that improves occupational safety and health

• Providing information and advice to government, employers, employees and other organizations

• Advising the Minister of Labour and Small and Micro Enterprise Development on regulations that support the OS&H Act

• Arranging OSH information and OSH advisory service

• Request the presence or assistance of a police officer.  

• Request relevant documents in order to inspect, examine or copy them.

• Conduct examination and inquiry to ascertain whether the act is being complied with. 

• Investigate accidents occurring in industrial establishment and so on. 

• Issuing improvement notices, prohibition notices and starting prosecution procedures

• Regulatory)• Preventative (Review of Machinery

reports 1.e. Boilers, Air Pressure Vessels, Hosist and Lifts, to ensure legal compliance)

• Investigative (Investigation of serious accidents at work , serious working conditions complaints)

• Informational (Providing lectures and promotion material on how to comply with the OSH legislation, Data supply to i.e. ILO)

• Advisory (Advices to institutions, ministries, authorities and stakeholders).

• In order to enhance safety and health culture and to improve compliance, also activities will be developed:

• Cooperation and partnerships with stakeholders;

• Awareness raising programs;• Outreach programs (exhibitions,

lectures, workshops, promotion materials, etc);

• Consultation programs for small businesses;

• Alliances