Effective Enforcement of Labour Laws

The Experience of Trinidad and Tobago in Occupational Safety and Health

Ministry of Labour and Small and Micro Enterprise DevelopmentTrinidad and TobagoFirst Meeting of the Working Groups of the XV IACMLApril 17, 2008Montevideo, Uruguay

Outline of Presentation

• Background• New Legislation• Occupational Safety and Health Authority• Occupational Safety and Health Agency• Strategic Objectives • Existing Challenges • Way Forward

Background

FACTORIES ORDINANCE Chapter 30, No. 2

Governing legislation since 1948

FACTORIES ORDINANCE Chapter 30, No. 2

Governing legislation since 1948

Globalization – need to be productive and competitive

Globalization – need to be productive and competitive

Rapid industrialization (oil, gas, construction, services)

Rapid industrialization (oil, gas, construction, services)

Vision 2020Vision 2020

Decent Work thrustDecent Work thrust

Background Con’t• Identification of

key principles • of modernized

law

• Identification of key principles

• of modernized law

Review of ILO instrumentsand Model CARICOM Law

on OSH

Review of ILO instrumentsand Model CARICOM Law

on OSH

Tripartite ConsultationsTripartite Consultations

Establishment of OSH Council(May 2003)

Establishment of OSH Council(May 2003)

• Occupational Safety and Health Act No. 1 of 2004

• Assented by Parliament in January 2004

Amended in 2006Occupational Safety and Health (Amendment) Act

No. 3 of 2006

Proclaimed on February 17, 2006

Repealed and replaced the Factories Ordinance with effect from August 17, 2007

New Legislation – The Occupational Safety and Health Act

Key Features of the New Legislation

• Widens the categories of workers OSHA covers most workers in all aspects of work undertaken in an industrial

establishment

Industrial Establishment – “factory, shop, office, place of work or other premises but does not include – premises occupied for residential purposes only; or other categories of establishment exempted by the Minister in accordance with this Act.”

• Promotes voluntary compliance A shift to stronger self-governance by employers and workers and a more

regulatory role by Government

• Identifies a broad range of responsibilities for a number of Agents

Duties are outlined for:- Employers - Suppliers - Employees - Self Employed- Occupiers - Designers- Manufacturers - Importers

Key Features of the New Legislation

• Promotes consultations between employers and workers organization on occupational safety and health issues

– For establishments with 25 employees or more employers to establish a joint (trade union/employee and employer)

Safety and Health Committee to review health and safety measures and investigate matters considered to be unsafe or a risk to health at the industrial establishment

OSH policy to be developed jointly by employers/occupiers and workers’ representatives

• Empowers inspectors to take enforcement and legal actions– Inspectors can:

Enter, inspect, examine and take samples from any industrial establishment

Serve prohibition or improvement notices Initiate legal proceedings against persons in breach of the Act

Key Features of the New Legislation

• Establishes two entities for the administration of Occupational Safety and Health

– Parts XII and XIII provides for the establishment of: The Occupational Safety and Health Authority which was established in October

2006 The Occupational Safety and Health Agency established in August 2007

Occupational Safety and Health Authority Regulatory and advisory body

responsible for implementation of OSHA

COMPRISES 18 MEMBERSChairman, Deputy Chairman, Executive Director of Agency, 1 rep. from Agency, 1 from Min. of Health, 1 from Min. of Energy, 1 from TTBS, 1 from THA, 2 from employers’ orgs., 2 from Trade Unions, 1 from an NGO, 1 from Medical Board, 1 from Board of Engineering, 1 from Safety Council of TT, 1 from EMA

Appointment of Members of the OSH Agency

Role and functions clearly identified in legislation

Occupational Safety and Health Agency

Inspection and enforcement bodyHeaded by an Executive Director

Officially started on August 17, 2007 Currently comprises

32 Inspectors. Numbers to be increased.

Occupational Safety and Health Agency Vision an Mission

Mission

To ensure an environment that leads to safe and healthy workplaces throughout Trinidad and Tobago

Vision

The OSH Agency will be a highly respected and reliable organization, achieving world-class safety and health standards, with committed professional staff, comprehensive enforcement, education and advisory programs, all supported by cutting edge tools and technologies, and by strategic partnerships

Existing Challenges

Labour Force – 613,400 (CSO 2004)

No of Establishments – 29,418

No of Reported Accidents - 765 (2007)

No. of Fatalities - 17 (2007)

Injury Rate/100,000 employees - 1561.3 Chem/Petro 531.5 Manufacturing 175.6 Oil & Gas 59.5 Agri/Services 48.1 Construction

Fatalities/100,000 employees - 2.8 (2007)

• THE ASENCE OF AN APPROVED AND ACCEPTED POLICY FOR OSH (A DRAFT CURRENTLY EXIST THAT REQUIRES FINALISATION)

• ABSENCE OF A CLEAR STRATEGIC PLAN

• LIMITED CAPACITY IN THE REGION

• NO GRADUATE/POST GRADUATE OSH TRAINING IN THE REGION

• THE NEED FOR A COMPREHENSIVE OSH INFORMATION SYSTEM THAT SUPPORTS THE DEVELOPMENT OF TARGETED RESPONSES

• INDEPT ANALYSIS THUS ENABLING TARGETED PROGRAMMES TO BE DEVELOPED• NOT YET ADEQUATELY EQUIPPED

• NO PUBLIC RELATIONS

• NO BENCH MARKING OF TARGETS

• NO FORMAL NETWORKING MECHANISM

• EXPANSION OF INFORMAL SECTOR AND OSH ACCIDENTS AND INJURIES• • THE NEED TO UPDATE THE LEGISLATION (WORKMEN’S COMPENSATION

ACT) PROVIDING COMPENSATION TO WORKERS IN CASES WHERE INJURIES AND ACCIDENTS OCCUR

Existing Challenges

OCCUPATIONAL SAFETY AND HEALTH10 Strategic Objectives 2008-2012

Finalization of the OSH Policy

Balancing compliance techniques

Targeting higher risk and higher impact groups

Negotiating strategic relationships

Building a cadre of OSH Professionals (internally

and externally

OCCUPATIONAL SAFETY AND HEALTH10 Strategic Objectives 2008-2012

Implementing supportive structures

Establishing comprehensive practices

Building public awareness

Collecting quality information

Managing OSHA’s brand

Organizational Structure

In spe cto r I(3 + 1 )

O I L A N D G A SIn spe c to r II

In spe cto r I(3 + 1 )

C H E M IC A L /P O R TSP E T R O C H E M IC A LS

In spe c to r II

In spe cto r I(5 + 1 )

M A N U F A C T U R IN GIn spe c to r II

SEN I O R I N SPEC T O R

In spe cto r I(5 + 2 )

C O N S T R U C T IO N /Q U A R R IE S /

E L E C T R IC IT YIn spe c to r II

In spe cto r I(4 )

O C C U P A T IO N A LH Y G IE N EIn spe c to r II

In spe cto r I(4 + 1 )

A G R IC U L T U R E /S E R V IC E SIn spe c to r II

SEN I O R I N SPEC T O R

C H I E F I N SPE C T O R

InvestigativeTeam

Strategic Inspection themes

Enforcement

Information/Advice

Strategic partnerships

Staff development & Infrastructural Support

Efficiency/Effectiveness (Targets & Performance indicators)

Occupational Safety and Health Agency Short-term Goals 2008

Reduce accidents by 10%

Reduce fatalities to 2.0 per 100,000 employees

Increase the number of educational Occupational Health Programmes by 5%

The Way Forward

Guiding principles in getting things right:

Tripartite Consultation

Focus on Prevention

Education and Awareness

Continuous Training of Inspectors

The Way Forward

Declaration of Port of Spain 2007:

Paragraph 29:

“…Commit to the promotion of regulations and codes as regards occupational safety and health to ensure the inclusion of measures to promote a culture of prevention and control of occupational hazards in the hemisphere.”