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Frequently Asked Questions

Most Frequently Asked Questions

Question

Are workplaces in Trinidad and Tobago adequately prepared to respond to the requirements of the Occupational Safety and Health Act?

Answer

Certainly, the large and medium enterprises are equipped to embrace and respond to the requirements of the Occupational Safety and Health Act. However, the smaller enterprises may have to be especially prepared to measure up to some of the requirements of the Occupational Safety and Health Act.

Question

How effective do you think the Occupational Safety and Health Agency will be?

Answer

With the implementation of the Occupational Safety and Health Act No. 1 of 2004 (as amended) and the many measures put in place by both the Minister and the Ministry of Labour and Small and Micro Enterprise Development, there is no doubt that the Occupational Safety and Health Agency is put on a path to be effective and give great assurances and comfort to the population of the Republic of Trinidad and Tobago.

Question

What sorts of improvements in Occupational Safety and Health can the public in Trinidad and Tobago expect?

Answer

Some of the improvements that the public in Trinidad and Tobago can expect are:-

Less accidents at the workplace; More harmonious working relationships with the introduction of Safety and Health Committees; Quicker resolution to difficult industrial relations issues with access to the industrial Court for Safety and Health issues; More regular inspections to workplaces because of a greater number of inspectors; Quicker interventions by Safety Officers to irritants at the workplace.

Question

Is the staff of the Ministry of Labour and Small and Micro Enterprise Development and the Occupational Safety and Health Agency adequately trained to implement the Occupational Safety and Health Act?

Answer

With the hiring of new personnel into the Occupational Safety and Health Unit, there has been consistent and ongoing training measures put on by the Agency. There have been numerous courses and induction programmes tailored towards the newly recruited safety officers. In addition, the training has been bolstered and boosted by the interfacing of the new officers with the experienced ones. So that as it now stands, the staff is equipped to deal with most of the Safety and Health issues.

Question

Who will benefit more from the new Occupational Safety and Health Act employers or the employees?

Answer

This Act is geared towards benefiting all the people of the Republic of Trinidad and Tobago. In other words, it is not weighed to favour either for employers or for employees. An example of this equanimity is the fact that both employers and employees can suffer fines and or imprisonment coming out of certain breaches of the Act.

Question

Has the Ministry of Labour and Small and Micro Enterprise Development sought to encourage Trade Unions in any discussions on Occupational Safety and Health?

Answer

The Ministry maintains a tripartite approach to industrial relations and, in this context; the Ministry has sought to encourage both the employers and the Trade Unions in all matters pertaining to Occupational Safety and Health.

As a matter of fact, the Trade Unions have been the focus of many separate and individual briefing and training sessions by officers of the Unit. The OSH Authority also has Trade Union representatives.

Questions and Answers

Briefly, what is the evolution of the Occupational Safety and Health Act No: 1 of 2004 (as amended)?

Work on the Act was initiated in 1973 by Dr. Biset, an ILO expert on Occupational Safety and Health. The first draft was formulated in 1975. Subsequently, there were many amendments and in 1984, the Act was subjected to public comments. 37 sets of which were received. This was succeeded by several drafts between 1991-2003. The Act was finally passed in the Lower House in 2003 and in the Upper House in January 2004. It was amended and proclaimed on February 17, 2006.

Who is covered by the Occupational Safety and Health Act?

The Occupational Safety and Health Act No: 1of 2004 (as amended) covers all persons at work in Trinidad and Tobago, except domestic employees.

Must an employer reveal the findings of accident investigations to employees?

The purpose of an accident investigation is to prevent a reoccurrence. Under Section 6 of the Occupational Safety and Health Act No: 1 of 2004 (as amended), the employer has a duty to provide information to his employees to ensure their safety and health at work. Findings from an accident investigation are critical sources of information.

What types of accidents are reportable to the Chief Inspector?

Any accident in which a person is killed or critically injured in an industrial establishment or in the course of employment must be reported immediately by the occupier or employer to the Chief Inspector via telephone, facsimile, e-mail or other direct means and he/she shall send the completed prescribed form within 48 hours of learning of the accident.

Any accident which causes injury to a person whereby the person is unable to perform his usual work or requires medical attention, the employer must give notice to the Chief Inspector on the prescribed form within four (4) days of the occurrence. Any case of an Occupational Disease diagnosed by a medical practitioner should be reported within 48 hours to the Chief Medical Officer who shall forthwith send such report to the Chief Inspector.

Is an incident reportable under the Act?

Any incident which may be prejudicial to the safety or health of the public or which has the potential of causing critical injury, including fire, explosion or the release of toxic substances should be reported immediately to the Chief Inspector and written notice shall be sent within 48 hours of the occupier learning of the incident.

Will a company be issued a Certificate of Compliance (COC) after fulfilling all the requirements of the Act?

No. The Occupational Safety and Health Agency is established by the Occupational Safety and Health Act No: 1 of 2004 (as amended), and its mandate is to enforce compliance with the provisions of the Act and its accompanying regulations.

The Act does not provide the Occupational Safety and Health Agency to issue
Certificates of Compliance (COC); however, Safety and Health Officers of
the OSH Agency may communicate in writing with organizations on their
compliance status.

Questions pertaining to National Safety Week and Awards that may be asked

What is National Safety Week?

National Safety Week is an initiative of the Occupational Safety and Health (OS&H) Authority. The primary objective of the week is to positively highlight safety in the workplace at all companies that operate in Trinidad and Tobago.
When will the 2008 National Safety Week be held?

The third National Safety Week will be held from Sunday 26th April to Saturday May 02, 2009.
Who is the OS& H Authority?

The OS&H Authority was established under the Occupational Safety and Health Act (2004). The Authority is charged with assisting and encouraging persons to be protected by the provisions within the Act. The Board of the Occupational Safety and Health Authority comprises 17 senior professionals from the safety sector, including persons from the labour movement, Government agencies, energy industries and other private sector companies.
Why a week dedicated to National Safety?

It is important that everyone in Trinidad and Tobago understands their role in creating a safe environment. National Safety Week is intended to raise awareness and dialogue that will help build a national safety culture.
Who is sponsoring the event?

BHP Billiton Trinidad and Tobago is the Gold Sponsor of the Awards. BHP Billiton Trinidad and Tobago is an energy company, with a commitment to Zero Harm to people and the environment.

PCS Nitrogen is the Silver Sponsor of the Awards.

Carillion International is the Bronze Sponsor of the Awards.
Where will it be held?

National Safety Week can be observed by everyone at all locations. Official activities for both Trinidad and Tobago will be advertised in the media closer to the date.
How can I celebrate National Safety Week at my workplace?

You can do so in a variety of ways including –
- Safety Awareness Presentations and Lectures Safety Exhibits
- Safety Minutes at all meetings
- Sharing Safety Tips Staging Emergency Drills
- Other observances of your choice.
When is the National Safety Awards Ceremony?

The National Safety Awards Ceremony will take place on Wednesday April 29 2009 at the Hyatt Regency Trinidad. The Awards will recognise an Individual and a Team with the best Safety innovation. In 2009 a Company award is being introduced and will be assessed according to Large, Medium and Small categories. This award will recognize companies that exceed the OSHA requirements as outlined by the OSH Act of 2004 (as amended).

In 2008 The Safe to Work Steering Committee of the South Trinidad Chamber of Industry and Commerce (STCIC) won the Team award.
Who determines which companies are eligible for an Award?

There is a distinguished judging panel that will evaluate entries and the judges’ decision is final.
What does OSHA stand for?

OSHA is the Occupational Safety and Health Agency.

The Agency is the enforcing body of the OSH act. It implements the policies developed by the Authority.
When is the launch of the 2009 Safety Awards?

The official launch for the National Safety Awards is January 14th 2009 at the Jade Room of the Hyatt Regency and the Tobago Launch is scheduled for January 27th at a venue to be announced. Entry forms are available from the OSH authority or from members of the planning team.
Is there a registration fee?

No. There is no cost to send in nominations for the Awards.
What do winners get?

Winners will be recognised at the Awards Ceremony on April 29, 2009 at the Hyatt Regency Trinidad and in subsequent media coverage. They will also receive a specially designed commemorative award.
Judging by recent events, workplaces seem to be riddled with danger. Can an Awards Function impact this in any way?

Workplace incidents are the outcome and not the root cause. A safety culture which is present in our homes, our workplaces and our roads can lead to real change. National Safety Week and the National Safety Awards are intended to help foster and build a national safety culture.
What is the cost of these Awards?

The celebration of National Safety Week and the National Safety Awards will cost approximately TT$700,000 (seven hundred thousand dollars).
Why so much? Is it really necessary?

Can we really put a price on safety? We believe that building a safety culture requires an innovative approach and these awards are a part of this. If we can get one person to be more safety conscious and save one life it will be well worth it.
What are the judging criteria? How are organisations evaluated?

There are several criteria including the outcomes of initiatives implemented and the impact on the Organisation’s safety management.
Who are the judges?

The judges make up a distinguished panel, comprising members from associate NGO’s and stakeholders.
How will the results be known publicly?

Results will be announced at a function on April 30 2008 at the Hilton Trinidad. The winners will also be featured in the press.
Why is Safety Week being held from April 26 to May 2?

This date was chosen to co-incide with the International Labour Organization’s (ILO) World Day for Safety and Health at Work which is April 28.
Who can I contact for additional information?

Ms. Alicia Charles, Mr. Alpha Obika and Debra Dian George are all members of OSH and the planning team. They are based at Duncan Street.

version 1.0 / Last updated 2008-12-17 17:30