The Occupational Safety and Health Act (OSHA) is the primary legislation governing workplace health and safety in Trinidad and Tobago. This Act outlines the rights and responsibilities of all workplace parties and establishes the OSH Agency and Authority for enforcement and policy creation.

Core Duties and Responsibilities

OSHA defines the following general duties:

Employers' Duties

Outlined in Section 6, employers' responsibilities include ensuring the safety, health, and welfare of employees as far as reasonably practicable. They are also required to provide and maintain a safe working environment, equipment, and systems. Employers must develop written safe work procedures and policies, provide information, instruction, training, and supervision to ensure employee health and safety, and consult with employees on health and safety matters.

Duties of Employers and Self-Employed Persons to Others

Section 7 mandates that employers and self-employed persons ensure that their work activities do not endanger people other than their employees.

Employees' Duties

Section 10 outlines that employees must take reasonable care to protect their own health and safety, as well as that of others affected by their actions. Employees must cooperate with their employer’s efforts to fulfill OSH requirements, use provided safety equipment and follow procedures correctly, and report any unsafe or hazardous conditions to their employer.

The Occupational Safety and Health Agency and Authority

The OSH Agency is the body primarily responsible for enforcing the Occupational Safety and Health Act. It includes OSH inspectors with the power to enter workplaces, conduct investigations, and issue improvement or prohibition notices in case of OSH violations. The OSH Authority serves an advisory role. It's a tripartite board (government, employers, worker representatives) that develops OSH policies, promotes research, and recommends new regulations.

Specific OSH Requirements

Beyond the general duties, OSHA and its accompanying regulations establish specific requirements in these key areas:

• Hazard Identification and Risk Assessment: Employers must conduct risk assessments to identify and control hazards in the workplace (Section 13A).
• Penalties: The Act sets out penalties for violating OSH regulations, including fines and potential imprisonment.

Other Relevant Legislation

Specific workplaces or industries may be subject to additional health and safety laws, such as:

• Factories Ordinance (where not superseded by OSHA) - Contains regulations specific to factories.
• Public Health Ordinance - Addresses sanitation and some workplace health risks.
• Workmen's Compensation Act - Provides compensation for work-related injuries and diseases.

Occupational health and safety (OHS) is a crucial aspect of any workplace, and it is governed by specific legislation and bodies. In Trinidad and Tobago, the primary legal framework for OHS is the Occupational Safety and Health (OSH) Act of 2004, which was amended in 2006. This act outlines the duties of employers, employees, and the government in ensuring workplace safety and health.

Governing Bodies

The Occupational Safety and Health Authority (OSHA) is a tripartite body established under the OSH Act. It consists of representatives from the government, employers, and workers. OSHA is responsible for developing and recommending OHS policies and standards, promoting OHS research and training, providing OHS information and advice, and making recommendations on OSH regulations and codes of practice.

The Occupational Safety and Health Agency is the enforcement arm of OSHA. This agency is responsible for ensuring compliance with the OSH Act and its regulations.

Employer Responsibilities

Under the OSH Act, employers have significant responsibilities. These include providing a safe and healthy workplace, assessing and controlling risks, providing OHS training and information to employees, consulting with employees on OHS matters, and reporting and investigating serious accidents and dangerous occurrences.

Employee Responsibilities

Employees also have responsibilities under the OSH Act. They are required to follow safe work procedures, use personal protective equipment (PPE) correctly, report unsafe conditions and incidents, and participate in OHS activities.

Specific OHS Standards and Regulations

Trinidad and Tobago has various regulations dealing with specific OHS issues. These include Construction Safety Regulations, Noise-Induced Hearing Loss Regulations, First Aid Regulations, and Hazardous Chemicals Regulations.

Best Practices and Guidance

Employers are encouraged to develop a proactive OHS management system to effectively manage workplace safety and health. Promoting a positive workplace safety culture, where everyone is committed to safety and health, is also vital.

Workplace inspections play a crucial role in maintaining a safe and healthy work environment. They are instrumental in identifying and assessing potential and existing hazards, verifying compliance with safety protocols, driving proactive measures, and raising awareness of safety principles among employers and workers.

The Procedure of Inspections

Workplace inspections typically follow a structured process. Initially, inspectors develop a plan, often focusing on high-risk industries or workplaces with a history of incidents. The inspection begins with an opening conference where inspectors meet with workplace representatives to explain the purpose and scope of the inspection. This is followed by a walkthrough inspection where inspectors conduct a physical examination of the workplace, observing work processes, machinery, equipment, and work environments.

Inspectors may also interview employees and review relevant documents, such as training records and incident reports. After the inspection, a closing conference is held to discuss preliminary findings and potential violations. A formal report is then prepared outlining the findings, any identified violations, and recommendations for corrective action. In cases of severe or repeated violations, enforcement actions may be taken.

Criteria for Inspections

Inspections cover a wide range of safety aspects. Physical hazards such as slips, trips, falls, unguarded machinery, electrical hazards, noise, and vibration are examined. Chemical hazards, including exposure to hazardous substances and their storage, labeling, and handling practices, are also assessed. Other areas of focus include biological hazards, ergonomic hazards, fire and emergency preparedness, and management systems.

Frequency of Inspections

The frequency of inspections is risk-based. High-risk industries or workplaces with known issues may face more frequent inspections. Inspections may also be conducted in response to complaints, serious accidents, or changes in work processes.

Follow-up Actions

After an inspection, employers must take corrective action within the specified time frame on any identified violations. Re-inspections may be conducted to confirm that corrective actions have been taken. Workplaces should use inspection findings to continuously improve their safety management systems and enhance safety performance overall.

Workplace accidents are a serious matter and require immediate attention. The Occupational Safety and Health Act (2004) mandates that employers report all types of accidents, including fatal and major accidents, dangerous occurrences, and minor accidents. The reporting process varies depending on the severity of the accident. For instance, fatal and major accidents must be reported immediately, while minor accidents need to be reported if an employee is absent from work for more than three consecutive days.

Investigation of Workplace Accidents

Investigating workplace accidents is crucial to prevent similar incidents in the future. The process typically involves securing the scene to preserve evidence, gathering information such as eyewitness statements and equipment condition, conducting a root cause analysis to identify the factors that contributed to the accident, and making recommendations to prevent recurrence. It's important to note that employers are legally obligated to investigate accidents, and in some cases, the OSH Agency may conduct their own investigation.

Compensation for Workplace Accidents

In Trinidad and Tobago, there are two main avenues for compensation related to workplace injuries or illnesses. The National Insurance System (NIS) provides benefits for short-term and long-term disability, as well as payments to dependents in cases of fatal accidents. Employees and employers contribute to the NIS, establishing eligibility for these benefits. In some cases, employees may also have the right to pursue legal action against their employer for negligence, especially if a third party was involved or an OSH Act breach is evident.

Important Considerations

Employees should report any work-related injury or illness, regardless of severity, to their employer. Employers, on the other hand, must follow the stipulated reporting protocols for workplace accidents and ensure investigations are conducted. Injured employees may be entitled to compensation and should consult with the NIS and potentially seek legal advice for further clarification on their rights.