OSHA’s first two decades

THREE things – October’s worksite death of Kern Reynold Ettienne, 39, a Water and Sewerage Authority (WASA) employee; the Cabinet’s position on the NiQuan accident report; and the continued fallout from the Paria enquiry – last year placed strain on the public’s confidence in the effectiveness of safety and health laws.

The year 2024 marks exactly two decades since the introduction of legislation establishing the Occupational Safety and Health Authority and Agency (OSHA). That law heralded a new era. In the years since, a profound cultural shift has occurred. There is greater awareness of safety within the commercial sector. The law established a duty on the part of every employer to ensure, so far as is reasonably practicable, the welfare of employees.

The sea of change was seemingly cemented by the covid19 pandemic, which brought a focus on microscopic risks. Safety was no longer something in the background for which occasional drills would occur and special equipment would be deployed. It became front and centre. The advent of the virus, meanwhile, necessitated a wider conception of the workplace.

Over time, deaths have dropped or remained stable. In the first decade of operation of OSHA, there were 102 on-the-job fatalities. In the years 2016 to 2022, there were 92. And yet, notwithstanding the overall trend, more recent years have begun to see a spike. The 25 deaths confirmed by OSHA for the most recent reporting period of 2021–2022 is one of the highest ever.

Whether gains have been big or small, there has been a consistent failure to disclose the findings of probes, both within the OSHA framework and elsewhere.

In November, Colm Imbert, usually loquacious, was mum when asked about the NiQuan matter, which involved a Massy Energy employee. “I know my place,” the Minister of Finance said, redirecting queries to the Ministry of Energy.

Weeks later, Paula Gopee-Scoon, Minister of Trade and Industry, beat down questioning over the same NiQuan report, saying it does not belong to the Ministry of Energy but rather the company.

The Prime Minister in July vaguely circled around, noting “these things” are guided by commercial controls.

The cloak of secrecy that today accrues, seemingly by default, around worker deaths accentuates a perception that there is, at best, a lack of true urgency in how such matters are handled. At worst, it opens the door to fears of cover-ups. Through delay, investigative reports can be rendered irrelevant. OSHA complaints are time-sensitive.

In this way, the purpose of the existing safety framework is undermined.

The State, in citing commercial imperatives, has got things the wrong way around. Workers must feel safe to be productive. It is against economic interests to fetter accountability when things go awry.