OSHA's charges against WASA outline health, safety breaches

SIX charges against the Water and Sewerage Authority (WASA) by the Occupational Safety and Health Authority (OSHA) in the death of wastewater craftsman Kern Etienne in October 2023 detail the allegations against the public utility company, citing significant health and safety breaches.

OSHA’s complaint was filed in the Industrial Court on April 16. Newsday has obtained a copy of the complaint filed by OSHA’s attorneys Patricia Cross and Trudy Thomas.

On June 7, WASA disclosed six breaches had been filed against it arising out of the accident that claimed Ettienne’s life on October 22, 2023.

The first count alleges that on October 23, 2023, at the Rienzi Kirton Highway, WASA” failed to ensure so far as reasonably practicable the safety, health and welfare” in the installation of sewer mains and manholes to upgrade the wastewater collection system at the San Fernando Licensing office.

“There was no safe system of work to prevent cave-ins of the trench of a box drain.” That count further alleged that Ettienne, part of the crew installing the sewer mains, was on the side of a box drain that was “not benched to remove the excess dirt for the pipe to be laid.

“The northern side’s wall collapsed and covered Mr Ettienne’s body. As a result, he succumbed to his injuries at the San Fernando General Hospital.

“This is a contravention of section 6(1) of the Occupational Health and Safety Act Chapter 88:08.”

Count two alleged a failure by the authority to provide and maintain plant and systems of work. It alleged during the job at the licensing office, it “failed to implement the standard operating procedures for excavation and trenching; it did not ensure that the northern side of the trench of a box drain was benched or shored to prevent cave-in of the trench.”

The charge alleged the collapse of the side wall covering Ettienne which led to his death was in contravention of section 6(2) of the OSH Act and was a health and safety offence under section 83(1) of the act.

Count three alleged that WASA failed to provide Ettienne with job-specific training on the standard operating procedures for excavation and trenching.

The charge alleged that this failure was in contravention of section 6(2) of the OSH Act and was a health and safety offence under section 83(1) of the act.

Count four accused WASA of backfilling the site of the trench that collapsed on Ettienne preventing an OSHA inspector from making observations and collecting measurements of the accident site.

“This is in contravention of section 47(1) of the OSH (Protective Measures) Order -Excavations, Trenching and Shoring General Protective Requirements of the OSH Act and it is a safety and health offence…” the charge said.

The complaint explained on the day in question, the authority “failed to ensure that where a person is killed or sustained a critical injury at an industrial establishment, no person shall, except for the purpose of saving life or relieving human suffering; maintaining an essential public utility service a pubic transportation system or preventing unnecessary damage to equipment or other property interfere with, disturb, destroy, alter or carry away any wreckage article or thing at the scene of or connected with the occurrence until permission to do so was given by a safety and health inspector.”

The fifth count in the complaint alleged that the authority failed to ensure that a qualified engineer inspected all excavation daily and where, on inspection, there was evidence of possible cave-ins or slides, stop work in the excavation until precautions were taken to safeguard employees.

“The area of the trench where its employee, Mr Kern Ettienne, a craftsman I, was not safeguarded to protect a cave-in.

“... He was on the northern side of a box drain that was not benched to remove the excess dirt for the next length pipe to be laid. The northern side’s wall collapsed and covered Mr Ettienne’s body.”

The final count alleged that the authority failed to ensure that the section of the trench of the box drain Ettienne was working in was protected from cave-ins by shoring or benching.

In its statement on June 7, WASA admitted its internal investigation into the incident identified a number of procedural and safety deficiencies in the conduct and execution of the job, and the authority has been in consultation with its attorneys to get legal direction on the matter.

WASA said, that immediately after the October fatality, its Board of Commissioners launched an investigation and instructed the authority’s executive team to take immediate steps to ensure all health and safety processes and procedures were adopted and adhered to without exception.

These steps included:

• An immediate HSE safety standdown of all WASA crews, during which the CEO and Director of Operations met with all senior operations staff to reinforce a zero-tolerance standard on safety.

• Refresher training was provided for all managers and crews on the safety procedures and protocols regarding excavation and similar types of work.

• To ensure compliance, random inspections are conducted at operations sites, with zero tolerance for any safety breach.

• WASA had partnered with AmCham and the National Gas Company to enhance excavation safety competency for selected staff.

It also said it engaged the services of NGC to review, audit and advise on its processes to ensure they are in line with international best practice.

The authority said it remained committed to ensuring that all its safety systems are robust, and that works are performed safely.

The authority also said the company adopted a zero-tolerance stance on safety after the fatality and has engaged an HSE expert to bolster WASA’s safety systems. WASA’s internal investigation found several procedural and safety deficiencies in the conduct and execution of the job.

In an immediate reaction to the news that OSHA had found six breaches, Ettienne’s family said they supported the action.

“I gave WASA enough time to liaise with me on the matter. I will not let my son’s case be swept under the carpet," Etienne’s mother, Joyce Grant-Roberts, told Newsday on June 9 at the family’s home at Embacadere, San Fernando.

Etienne, 39, was standing inside a trench at Rienzi Kirton Highway, San Fernando, near the San Fernando Licensing Office compound, on October 22, 2023, when a mound of dirt collapsed and trapped him underneath.

He and other workers were doing emergency repair works on a sewer pipeline. The father of two was declared dead at the San Fernando General Hospital.

Last year in Parliament, Public Utilities Minister Marvin Gonzales promised to make the report, once complete, public. “I can assure this house that the findings of the report will be made public and if negligence is found on the part of WASA, we would allow the chips to fall where they may,” he said.

Immediately after the fatality, WASA’s Board of Commissioners launched an immediate investigation and instructed its executive team to take immediate steps to ensure that all health and safety processes and procedures were adopted and adhered to without exception.

WASA’s chairman Ravindra Nanga said the authority’s full investigating report was not yet complete and was before the board for its consideration.