OSH Authority
The OSH Authority is a multi stakeholder Board, advising the Minister.
Composition of the Board:
- Chairman – appointed by the Minister
- Deputy Chairman – appointed by the Minister
- Executive Director of the Agency
- Representatives of the Ministries responsible for OSH, Public Health and Energy Industries
- Representative of the body responsible for standards in Trinidad and Tobago
- Representative of the Tobago House of Assembly
- Nine other members appointed by the Minister from key stakeholder organizations on OSH, among which Trade Unions and Employers Associations.
The OSH Agency (OSHA)
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.
1 . Current Members of the OSH Authority
Mr. Wayne Bertrand |
| Ryan Ramjit - Deputy Chairman |
| Drs. Ing. Paul Huijzendveld - Executive Director of the OSH Agency |
| Brahma Beharrysingh - Representative of Ministry of Labour and Small and Micro Enterprise Development |
| Johnson Alexander - Representative of Trinidad and Tobago Manufacturers Association |
| Alfred Phillips - Representative of Engineers Association |
| Ms. Carol Noel - Representative of Network of Non-Governmental Organisations of Trinidad and Tobago for the Advancement of Women |
| Ian Ramdahin - Representative of Ministry of Energy and Energy Industries |
| Gladstone Solomon - Representative of the Tobago House of Assembly |
| Dr. Neil Singh - Representative of Medical Board |
| Chandrasain Ramsingh - Representative of Oilfield Workers’ Trade Union |
| Lennox Findlay - Representative of Safety Council |
| Dr. Rohit Doon - Representative of the Ministry of Health |
| Deryck Omar - Representative of Trinidad and Tobago Bureau of Standards |
| Vincent Cabrera - Representative of National Trade Union Centre |
2. OSH Agency Management Team
Dr. Paul Huijzendveld
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|
Prem Nandlal
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Karla Prime Pantor
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Devnath Roopnarine
|
Christendyal Ramnarine |
David Alexis
|
Alicia Charles |
3 . Summarized Tasks Of The OSH Authority
The OS&H Authority is charged with
- Enforcing the provisions of the OS&H Act via the OS&H Agency
- 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
- Approving and issuing codes of practice
The full description of the tasks and functions of the OSH Authority can be found in the text of Sections 66 and 67 of the OSH Act.
4 . Legal powers of OSHA inspectors
The duties and responsibilities given to inspectors under the act is helpful to foster compliance. Inspectors under the OSH Act are dispensing new and stronger power than before. Inspectors can now, among others, under the OSH Act:
- Enter, inspect and examine any premises which he has reasonable cause by producing the prescribed certificate of appointment and other relevant identification.
- Request the presence or assistance of a police officer in any situation where there is serious obstruction to his duties.
- 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 in the industrial court, or in specific cases, the criminal court.
Any person who is deemed to be committing an offense can be punished by the summary court or the industrial court under the act. In the summary court breaches can result in fines or imprisonment.
Enforcement policy
The principle behind OSHA’s enforcement policy is to promote and support voluntary compliance, before legal enforcing instruments are used for compulsory compliance.
In other words: employers who are willing to comply will be supported by information and guidance by the OSHA inspectors. On the other hand employers who are unwilling to comply will have to face the enforcement instruments that are available to the OSH agency.
Other principles to be included in the enforcement policy are consistency, proportionality, consistency and transparency.
5 . The organizational schedule of OSHA
(see separate document)
6 . Tasks And Activities Of OSHA
The OSH Agency (OSHA) is an enforcing body, but the main objective is compliance with the OSH legislation. That means that voluntary compliance will be stimulated, and enforcement actions will be used in case of unwillingness to comply or fatalities, serious accidents and severe breaches of the law.
OSHA performs the following major functions:
- Regulatory (Enforcement of safety and health requirements based on the OSH Act and regulations)
- 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.
| © 2008 Trinidad and Tobago Occupational Safety and Health Authority | All Rights Reserved |
| Last Updated 2008-09-18 11:17 |