OSHA finds WASA breaches in fatal accident, family wants justice

The family of deceased Water and Sewerage Authority (WASA) wastewater craftsman Kern Etienne is calling for justice, after the Occupational Health and Safety Authority (OSHA) found six breaches in its investigation in the 2023 accident which claimed his life.

“We support it 100 per cent. 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. His colleagues managed to get him out. The father of two was declared dead at the San Fernando General Hospital.

“As I told the CEO (Kelvin Romain), I will not leave any stone unturned. WASA did not have safety measures in place, and my son died a cruel death,” his mother added.

In the latest development into the death, OSHA filed a formal complaint in the Industrial Court against WASA for six breaches of the Occupational Health and Safety (OSH) Act. The matter was called for case management on June 7.

Like other relatives, including Etienne’s twin brother Kerdell Etienne, the bereaved mother of seven accused the state company of negligence, citing a lack of proper safety measures.

Grant-Roberts recalled previous conversations with the WASA CEO, whom she said had promised to meet with her.

However, when he learned that the family had retained the services of a lawyer, it was cancelled as certain protocols had to be followed.

Grant-Roberts said she intends to visit her lawyer on June 10 to determine the next step.
The family did not yet want to disclose the name of the attorney.

On October 30, hundreds of people, including Romain and San Fernando mayor Robert Parris attended the funeral at the Embacadere Community Centre. Both offered condolences to the family.

Etienne would have turned 40 on February 14, 2024.

His twin agreed with their mother’s view on the tragedy.

Kerdell Etienne added, “We have to get justice. We are waiting to see what will happen with that case. We are not really in contact with WASA officials.

“The CEO was beating us around the bush, saying he was coming, every week, and did not. We gave him time to tell us what was happening with the investigations.”

WASA attorney Ravindra Nanga told Newsday on Sunday that its full investigating report was not yet complete and is before the board for consideration.

Asked about the issue of compensation, he said, “Once the investigation comes back and there is culpability, then the issue of compensation will be discussed.”

He said WASA has a legal committee and has not shied away from settling issues once culpability is established. He said the committee has made strides in trimming the backlog of cases to avoid unnecessary litigation.

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.

A statement from WASA on June 9 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. The statement added that WASA has been in consultation with its attorneys to get legal direction on the matter.

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.

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 type work.

The statement added that to ensure compliance, random inspections are conducted at operations sites, with zero tolerance for any safety breach.

WASA also partnered with Amcham and the National Gas Company (NGC) to enhance the competency of the selected staff in excavation safety.

“Additionally, the authority has engaged the services of the NGC to review, audit and advise on its processes to ensure they are in line with international best practice,” the statement said.

“The authority remains committed to ensuring that all its safety systems are robust and that works are performed in a safe manner.”

Calls to National Union of Government and Federated Workers (NUGFW) president James Lambert for comments went unanswered.

WITH REPORTING BY STEPHON NICHOLAS