Business and economic commentary by Christopher Ram
Introduction
In a letter in the Stabroek News of 11 January 2025, spurred by the tragic death of the Chinese rigger at the Demerara Harbour Bridge (DBH), I noted that the many injuries and fatalities that occur annually in mining pits, construction sites, and factories across Guyana underscore the widespread neglect of workplace safety. A few days later, a stevedore died while working at John Fernandes Limited Wharf.
While the Occupational Safety and Health Division of the Ministry of Labour has been forthcoming about their investigation into the death of the stevedore at John Fernandes Wharf, there is a parallel legal requirement that seems to have escaped public attention. Under Guyana’s Coroners Act, any unnatural death – which includes workplace fatalities – requires investigation by a coroner, either through an inquest with a jury or an inquiry without one. My attempts to ascertain from the relevant Magistrate’s office whether either form of investigation has been initiated for either death have been unsuccessful, with calls unreturned. This silence is particularly concerning given that the Act requires the coroner to “forthwith cause due investigation to be made” when such deaths occur.
Curiously, neither the press, which initially reported these deaths, nor trade unions have followed up on whether these legally mandated investigations are taking place. Media coverage typically ends with Ministry of Labour announcements, overlooking the crucial role of coroner’s investigations in ensuring public accountability for workplace deaths. This oversight by the press and organized labour effectively shields employers from public scrutiny.
Legislative framework
In 1997, Guyana passed the Occupational Safety and Health Act, designed to “Improve working conditions and the environment with an emphasis on prevention rather than cure.” Yet, the culture of unsafe workplace conditions is widespread and worsening. A couple of weeks ago, at a construction site in Ogle, East Coast Demerara, I witnessed a worker climbing the boom of a huge crane without headgear or harness.
The gap between law and practice is stark. While the Ministry of Labour actively investigates workplace deaths, the parallel legal requirement for coroner’s investigations appears neglected. The Coroners Act provides a crucial framework requiring post-mortem examinations, witness testimony, and detailed documentation – elements that could strengthen accountability and workers’ compensation claims. However, these mandated procedures often fall victim to resource constraints.
Poor enforcement
Poor enforcement and inadequate resources explain much of this gap. The Ministry of Labour and Regional Administrations lack the necessary resources to enforce compliance with safety legislation. The magistracy, required by the Coroners Act to investigate every unnatural death, appears similarly constrained. Consequently, workers’ lives remain at risk in a system that has not evolved to meet the complexities of modern employment relationships, particularly in the country’s booming construction sector and extractive industries.
A significant legislative gap exists in cases where principal employers contract out work. This loophole allows businesses to disclaim responsibility, leaving employees at the mercy of subcontractors who often operate in the informal sector. In such cases, the absence of proper coroner’s investigations means that the chain of responsibility remains unexamined and unrecorded.
The compensation system is equally problematic. While the law requires compensation for workplace injuries and deaths, many contractors fail to secure adequate insurance coverage, or any at all. Victims’ families must navigate a convoluted process without the benefit of findings from proper coroner’s investigations that could support their claims.
Recommendations and Conclusion
Four areas require urgent attention. First, while the Ministry of Labour provides information about workplace fatality investigations, the parallel requirement for coroner’s investigations must be honoured. Second, the Coroners Act must be fully implemented, with adequate funding and staffing. The current situation, where attempts to confirm whether legally required investigations are taking place meet with silence, is unacceptable. Third, the entire system of apportioning legal liability between primary and secondary contractors must be addressed. Fourth, the adequacy of insurance coverage against injury and death at the workplace must be addressed.
Trade unions, consumer rights advocates and civil society generally must educate themselves about existing legal frameworks, including the Coroners Act, and use these tools to demand accountability. Workers must be educated about their rights and encouraged to report unsafe conditions without fear of retaliation. Most importantly, the press must follow workplace death cases beyond initial Ministry of Labour statements and demand to know whether legally required coroner’s investigations are held.
