Try talking it out, Roget

THE EDITOR: Within recent times some trade unions have been using the Occupational Safety and Health Act (OSHA) as a leverage in dealing with long-standing labour disputes with employers. This is a misuse of the legislation which was designed to ensure a safe workplace for both workers and management within defined parameters.

The operationalisation of the act was never intended to be weaponised to force settlement of outstanding grievances. This was a major issue raised by the PNM, then in opposition, as well as the Employers Consultative Association (ECA) when the OSHA legislation was being redrafted during the Basdeo Panday administration in 1996. Bearing in mind that OSHA drafts had been reviewed for some 21 years prior.

This issue came up repeatedly during technical and public consultations initiated by the Ministry of Labour in October 1996 and at the ministry’s standing tripartite committee. It also came up for discussion at a parliamentary joint select committee.

I had chaired that committee as minister of labour in 1996. Colm Imbert, then in Opposition, was a member of that JSC. All stakeholders, big and small, were consulted, including the labour movement led by then OWTU leader Errol McLeod.

We resolved that fear by putting specific procedures in the law to avoid arbitrary walkout by workers citing health and safety issues. As far as I can recall, those procedures form part of the law at Part 111, Clauses 14-20, of the legislation when it was eventually passed on December 3, 2003 under a PNM administration when Larry Achong was labour minister.

So, I find it strange that current OWTU leader Ancel Roget would threaten a “screeching halt” by T&TEC workers using health and safety as an excuse.

Roget is obliged to advise his T&TEC members to follow the law as they contemplate industrial action. Despite his hot-air threats, he seems to be following the rules so far, judging from the fact that the Industrial Court ruled in his favour in relation to T&TEC’s recent pre-emptive action.

As an essential industry, the law presupposes dialogue between both T&TEC and the OWTU to resolve disputes. Why not try talking it out.

HARRY PARTAP

former labour minister