– Gopaul
Labour Minister Dr Nanda Gopaul says that all employees, whether directly or indirectly employed by Guyana Power and Light (GPL) are supposed to be adequately trained in the area they are charged with, in keeping with the Occupational Health and Safety Act of 1997.
These remarks came in the wake of accusations made by the National Association of Agricultural, Commercial and Industrial Employees (NAACIE) that the company utilises sub-contractors whose employees lack sufficient training and therefore are incapable of efficiently executing their responsibilities, as was the case with 19-year-old Linesman, Seon Scott.
Scott, 19, who sustained severe electrical burns after being struck by a live wire on the job on February 14, succumbed last Thursday in the Intensive Care Unit (ICU) of the Georgetown Public Hospital (GPH). His death came a week after the accident, which occurred at Bath Settlement, West Coast Berbice, where he was on duty. Reports said Scott was about to “belt up” onto a utility post when the live wire hit him, sending him crashing to the ground.
On February 16, when Stabroek News spoke to the boy’s father, Ronald Scott, he indicated that his son was still on a life support machine having sustained “three scorches to his brain.” He said that because of the scorches on the brain doctors were unable to operate.
Stabroek News understands that Scott was taken to the hospital unconscious and he never regained consciousness.
General Secretary of NAACIE, Kenneth Joseph, stated last Friday that Scott’s injury and subsequent death could and have been avoided if the young man had the mandatory training required to operate in such a capacity. He claimed that GPL usually sub-contracts many of its operations to persons whose workforce consists of inadequately-qualified personnel. Joseph said that occupations, such as that held by Scott, require that the individual be trained and be somewhat proficient in carrying out his responsibility. He said that in most cases, the persons used by sub-contractors lack the necessary formal training to carry out such work, even though they may have some amount of experience in the field. It is for this reason, said Joseph, that NAACIE had advised GPL against laying off hundreds of trained linesmen in 2009. He said the union and the company have since gone back and forth about ensuring training for employees. He said, however, that the ad-hoc arrangement which exists between GPL and its sub-contractors inhibits any such considerations for the health and safety of workers.
However, Gopaul yesterday maintained that the Act applies to GPL as well as any other entity it sub-contracts.
According to Chapter 66 (1) of the Act, “In addition to providing information and instruction to a worker as required by section 46 (2)(a), an employer shall ensure that a worker exposed or likely to be exposed to a hazardous chemical or to a hazardous physical agent receives, and that the worker participates in, such instruction and training as may be prescribed.” This training is to be implemented by the employer with the guidance of the safety and health representatives.
Such training, according to 66 (3) is to be carried out at least annually.
Chapter 68 of the act specifies that “employer” includes any body of persons corporate, as in the case of GPL, or incorporate, as in the case if its numerous sub-contractors.
This addresses concerns that Joseph had voiced. He speculated last Friday that since Scott was not a direct employee of GPL; the company may not necessarily be accountable for his death. He further stated that the ad-hoc arrangement between GPL and its sub-contracts may avail it some leverage in whether or not it chooses to abide by regulations laid out in the OHSA.
However the Act suggests that GPL, despite not being Scott’s direct employer, had the responsibility of ensuring that all workers employed by its sub-contractors were adequately trained. Joseph had stated that this consideration should have been implemented into company’s selection process when choosing sub-contractors.
Furthermore, Joseph said that GPL had neglected to inform the Ministry of Public Service of Scott’s injury and subsequent death. This, he said, was revealed during a meeting last Friday with NAACIE, the company and the Minister of Public Service, to discuss a separate matter.
It is not clear if the company also neglected to inform the Labour Ministry, but if this is the case, then penalties may be liable.
According to Section 69 (1)(b) of the Act, “Where any accident arising out of and in the course of the employment of any worker occurs and disables such worker, for more than one day, from earning full wages at the work at which he was employed at the time of such accident, written notice of the accident in the Form and accompanied by the particulars set out in the First Schedule, shall forthwith in the case of paragraph (a) amid within four days in the case of paragraph (b), be sent by the employer to the Authority and the committee, safety and health representative or trade union, if any.”
Section 69 (4) of the Act stipulates that “any employer who fails to comply with this requirement shall be liable on summary conviction to a fine of not less than ten thousand dollars nor more than fifty thousand dollars and to imprisonment for three months.”
