Transcript Document 7610864

Effective Enforcement
of Labour Laws
The Experience of Trinidad and Tobago
in Occupational Safety and Health
Ministry of Labour and Small and Micro Enterprise Development
Trinidad and Tobago
First Meeting of the Working Groups of the XV IACML
April 17, 2008
Montevideo, Uruguay
Outline of Presentation
• Background
• New Legislation
• Occupational Safety
and Health Authority
• Occupational Safety
and Health Agency
• Strategic Objectives
• Existing Challenges
• Way Forward
Background
Globalization – need
to be productive and
competitive
Decent Work thrust
FACTORIES ORDINANCE
Chapter 30, No. 2
Governing legislation since 1948
Rapid
industrialization (oil,
gas, construction,
services)
Vision 2020
Background Con’t
• Identification of
key principles
• of modernized law
Review of ILO instruments
and Model CARICOM Law
on OSH
Tripartite Consultations
Establishment of
OSH Council
(May 2003)
New Legislation –
The Occupational Safety and Health Act
•
•
Occupational Safety and Health Act No. 1 of
2004
Assented by Parliament in January 2004
Amended in 2006
Occupational 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Repealed and replaced the Factories Ordinance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
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
- Employees
- Occupiers
- Manufacturers
- Suppliers
- Self Employed
- Designers
- 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
Role and functions
clearly identified in
legislation
Appointment of
Members of the
OSH Agency
COMPRISES 18 MEMBERS
Chairman, 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
Occupational Safety and Health Agency
Inspection and enforcement body
Headed 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
No of Establishments
–
29,418
No of Reported Accidents
-
765 (2007)
No. of Fatalities
-
17
Injury Rate/100,000 employees -
Fatalities/100,000 employees
(CSO 2004)
(2007)
1561.3 Chem/Petro
531.5 Manufacturing
175.6 Oil & Gas
59.5 Agri/Services
48.1 Construction
-
2.8 (2007)
Existing Challenges
•
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
OCCUPATIONAL SAFETY AND HEALTH
10 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 HEALTH
10 Strategic Objectives 2008-2012
Implementing supportive structures
Establishing comprehensive practices
Building public awareness
Collecting quality information
Managing OSHA’s brand
Organizational Structure
CHIEF INSPECTOR
Investigative
Team
SENIOR INSPECTOR
SENIOR INSPECTOR
OIL AND GAS
Inspector II
CHEMICAL/PORTS
PETROCHEMICALS
Inspector II
MANUFACTURING
Inspector II
CONSTRUCTION/
QUARRIES/
ELECTRICITY
Inspector II
OCCUPATIONAL
HYGIENE
Inspector II
AGRICULTURE/
SERVICES
Inspector II
Inspector I
(3 + 1)
Inspector I
(3 + 1)
Inspector I
(5 + 1)
Inspector I
(5 + 2)
Inspector I
(4)
Inspector I
(4 + 1)
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.”