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 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 Rapid industrialization (oil, gas, construction, services) Vision 2020 Decent Work thrust

Background Con’t Identification of key principles of modernized law Identification of key principles of modernized law Review of ILO instruments and Model CARICOM Law on OSH Review of ILO instruments and Model CARICOM Law on OSH Tripartite 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2004 Amended in 2006 Occupational Safety and Health (Amendment) Act No. 3 of 2006 Proclaimed on February 17, 2006 Repealed and replaced the Factories Ordinance with effect from August 17, 2007 New Legislation – The Occupational Safety and Health Act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 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 Appointment of Members of the OSH Agency Role and functions clearly identified in legislation

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 (CSO 2004) No of Establishments– 29,418 No of Reported Accidents (2007) No. of Fatalities - 17 (2007) Injury Rate/100,000 employees Chem/Petro Manufacturing Oil & Gas 59.5 Agri/Services 48.1 Construction Fatalities/100,000 employees (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 HEALTH 10 Strategic Objectives  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  Implementing supportive structures  Establishing comprehensive practices  Building public awareness  Collecting quality information  Managing OSHA’s brand

Organizational Structure Investigative Team

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.”