The Tribune

By NEIL HARTNELL

TRIBUNE Business Editor

nhartnell@tribunemedia.net

The Bahamian Contractors Association’s (BCA) president yesterday challenged whether the Health and Safety at Work Act is sufficiently “robust” and can be properly enforced after inspectors identified “serious safety violations that presented an imminent danger” at four New Providence construction sites.

Leonard Sands told Tribune Business that he has major questions over whether, in its current form, the Act can be used as an enforcement tool to crackdown on workplace practices because it does not “define what is safe and unsafe” for workers in any industry - including construction.

Suggesting that this exposes enforcement actions by the Department of Labour’s Occupational Safety and Health Unit (OSHA) to potential legal action, he added that there no industry-specific health and safety requirements - for construction or any other sector - are laid out in the Act. As a result, Mr Sands voiced fears that findings of safety violations, and subsequent enforced workplace closures, could be based on “subjectivity” or opinion rather than grounded in law.

With the timing of OSHA’s crackdown suggesting it has been sparked, at least partially, by a recent series of industrial accidents and fatalities, the BCA president told this newspaper that based on information received since the weekend its actions could be “discriminatory” as it appears construction sites are being targeted.

He argued that, instead of a rush to enforcement, the Government and Department of Labour instead first need to revise and “purpose more robust legislation” as the present Health and Safety at Work Act “does not do anything to improve safety in the workplace”.

Mr Sands spoke after the Department of Labour, in a statement last night, said inspectors had “immediately halted unsafe work activities” at four separate western New Providence construction sites following recent inspections. It also revealed that it is poised to use drone technology to aid inspections of “high-risk construction activities”.

It confirmed that the enforcement and compliance push has been motivated by recent workplace accidents and fatalities, with the safety violations including the absence of safety signs; missing fire extinguishers and first aid kits; and the absence of personal protective equipment (PPE) for workers operating heavy machinery.

Sharan Moss, senior safety officer/supervisor for the Department of Labour’s Occupational Safety and Health Unit, said in a statement to this newspaper: “The Department of Labour extends its deepest condolences to the families and loved ones of those who have lost their lives, or have been affected, by the recent industrial accidents across The Bahamas.

“These tragic incidents underscore the critical importance of maintaining the highest standards of occupational safety and health. Every workplace injury or fatality is one too many, and the Department remains steadfast in its commitment to preventing future workplace accidents through education, compliance and enforcement.”

She added: “As part of its ongoing enforcement of the Health and Safety at Work Act, the Department's Occupational Safety and Health Unit continues to conduct routine and unannounced inspections of construction sites throughout the country to ensure compliance with national safety standards and to eliminate workplace hazards before they result in injury or loss of life.

“During recent inspections of four construction sites in western New Providence, inspectors identified several serious safety violations that presented an imminent danger to workers. These included the absence of required safety signage at site entrances; missing fire extinguishers and first aid kits; the lack of visible eyewash stations where required; uncapped exposed reinforcing steel; improperly secured scaffolding; workers operating machinery without the required personal protective equipment (PPE); and employees working at heights without approved fall protection or safety harnesses.

“In accordance with the Department's enforcement responsibilities, inspectors immediately halted unsafe work activities involving non-compliant employees. Workers who were not wearing the required PPE were removed from the sites until they obtained the appropriate protective equipment, and employers were instructed to ensure that no worker is permitted to enter a construction site without the required PPE.

“Employers were also reminded that it is their responsibility to verify each morning that all workers are properly equipped before work begins. Follow-up inspections will be conducted to ensure that all identified deficiencies have been corrected.”

Mr Sands, meanwhile, said it was vital that the inspections comply with the Act’s legal requirement to issue “improvement notices” to guilty employers so they have the chance to eliminate any health and safety breaches before being shut down. And he also questioned whether the Health and Safety Advisory Council, which the Act calls for, has been formed.

Suggesting the Act, in its current form, provides an inadequate legal basis for OSHA’s regulatory enforcement, the BCA president said: “The Act doesn’t define what is unsafe. It doesn’t even define what is safe. It doesn’t define what is safe or unsafe. It simply says that the employer must maintain a safe workplace.

“Any determination of what is safe is subjective. Based on the subjectivity, you cannot make a fact-based decision to shut something down. It’s subjective; it’s opinion based. This is very serious. I heard it on Saturday, and I heard it again today.” Mr Sands said there has also been precious little education for the construction industry, with many contractors and workers not realising that it applies to them and how it does so.

“The tens of thousands of people operating in the construction industry have no idea the Act concerns them,” Mr Sands said. “It was never addressed to them, they never talked about it. It happened in the middle of the night.” However, Ms Moss, in her statement yesterday, said OSHA had recently partnered with the BCA and Mr Sands over a fall protection course from Bahama Safety Solutions.

Still, the BCA president asserted of the Act: “It’s full of holes. It cannot stand. I would caution them. The contractor will probably get a lawyer that pulls the case apart because it does not define how someone can be held liable.

“There should be a discussion on how they think this Act regulates behaviour in construction. It does not set out how the Act relates to construction… It does not define construction sites. I would argue they are simply targeting construction sites and it seems discriminatory to me. I’ve read the Act; it’s a short read, and it does not set out anything specific to demonstrate what is safe and unsafe.

“It does not define unsafe activities; what are unsafe practices. It goes over the general obligations of employers to employees and is not specific to any industry. They need to look at this again; it’s not binding on anyone,” Mr Sands said.

“I believe this is a response to the fact there’s been five deaths in two months. The first response has to take this legislation, revise this legislation, purpose more robust legislation. This legislation in its current form does not do anything to improve safety in the workplace.”

Ms Moss, meanwhile, warned: “The Department reminds all employers that, under the Health and Safety at Work Act, they have a legal duty to provide and maintain a safe and healthy working environment. Employees also have a responsibility to comply with established safety procedures and wear the appropriate PPE to protect themselves and their fellow workers. Preventing workplace accidents is a shared responsibility.

“Beyond enforcement, the Department remains committed to education and prevention. The Occupational Safety and Health Unit has facilitated several training programmes, including OSHA 10-hour and OSHA 30-hour construction safety courses, as well as construction site safety and inspection training.”

She added: “The Department is also embracing modern technology to enhance workplace safety investigations. In collaboration with ACP Warren Johnson (retired), a former officer of the Royal Bahamas Police Force and drone specialist, the Occupational Safety and Health Unit has begun incorporating drone technology into its inspection and investigative processes.

“During recent field operations, drone demonstrations were conducted to support the safe assessment of high-risk construction activities and improve the effectiveness of enforcement efforts. The Department also welcomes the Government of The Bahamas' ratification of the International Labour Organisation (ILO) Convention 155 on occupational safety and health. This significant milestone reflects the country's commitment to strengthening workplace safety and aligning same with international standards.”

Howard Thompson, the director of labour, said OSHA is aiming to expand to 30 inspectors by year-end. He added: “Since the ratification of ILO Conventions 155 and 187, and more so since the registration of The Bahamas Instrument of Ratifications in Geneva, Switzerland last month, Minister Glover-Rolle had instructed me to focus on health and safety matters throughout the country and to prioritise the Department's OSHA Unit.

“That is what myself and the department's executive committee have done, and so we have directed significant resources to that unit and have focused on further training and development of the persons in that unit and on capacity building with the hopes of expanding the unit to a total on 30 inspectors before year-end.”