Employers chief: Workers must get rights to escape from 'harm's way'
By NEIL HARTNELL
Tribune Business Editor
BAHAMIAN workers must have the right to remove themselves from “harm’s way” in the workplace and not suffer consequences that threaten their employment, the Bahamas Employers Confederation’s (BECon) president said yesterday, something employees currently enjoy no protection on.
Brian Nutt, speaking to Tribune Business in the wake of the report on the Freeport Container Port tornado incident being released, said he agreed with the recommendations made by its author on reforming Bahamian occupational health and safety laws, including the provision of statutory protection for workers wanting to remove themselves from life-threatening workplace situations.
The report by Jacques Obadia, a former International Labour Organisation (ILO) executive, said the Bahamas needed to amend the Health and Safety at Work Act 2002 - its main workplace safety statute - “in a number of areas” to bring it into line with key ILO conventions on the issue.
A key reform, the report said, was to address “the protection of workers removing themselves from a work situation presenting an imminent danger to their life or health”.
Backing this recommendation, Mr Nutt told Tribune Business: “I guess right now that it would be the employer who would determine whether it’s a life or death situation, and it could be that someone is dealt with unjustly.
“There has to be a right for an individual to get themselves out of harm’s way.”
Mr Nutt confirmed to Tribune Business that the Health and Safety at Work Act had effectively been a toothless piece of legislation during the eight years since it had been passed in 2002, as it had lacked the standards, codes of practice and regulations to give it enforcement teeth.
This was confirmed by the Freeport Container Port report, which hinted that this state of affairs could potentially have left Bahamian workers dangerously exposed.
“The Act has been in force since 2002, but without the regulations and codes of practice, nobody knows what they are supposed to do,” Mr Nutt said. “Other than making people more aware of health and safety, and the fact the Act does require any business with more than 20 employees to form a Health and Safety Committee, there’s nothing else in the Act. The Act provides for these committees, but it’s the regulations and codes of practice that give them an agenda as to what meetings should be like.
“All the Act is is a framework. It’s similar to the National Health Insurance Act passed by the PLP. That’s enacted; that’s a law, but no regulations under it, so there’s nothing happening with it.”
Mr Nutt said that while he had not been on the committee, formed from trade union, government and employer representatives, that had been asked by the second Ingraham administration to draft the Act’s regulations, he knew it had “put a lot of work into it” and passed its draft on to the Government, where it had been “for some time”.
The BECon president added that the regulations’ drafting had also been interrupted by the 2002 change of government, the Health and Safety at Work Act being one of three Bills passed into statute by the first FNM government just prior to that year’s general election.
“The PLP came into power and did not do anything to put in regulations and codes of practice,” Mr Nutt told Tribune Business, adding that the FNM had to pick up the thread once it returned to power in 2007.
The BECon chief questioned whether the “price tag” that would come from enforcing the Health and Safety at Work Act may had caused the Government to hesitate, given the state of the Bahamian economy and fears about imposing additional costs on business, and suggested the administration could have “stripped it down a bit to get something out there”.
Mr Nutt said that when the first Ingraham administration passed the Health and Safety at Work Act, along with the Employment Act and Minimum Wage Act, it had viewed this legislation as bringing the Bahamas into compliance with the ILO’s “core conventions”.
Yet the Freeport Container Port report confirms that the Bahamas is still not in compliance with all these conventions, as it urges this nation to “initiate the formal process leading to the ratification of the main ILO occupational health and safety standards”.
These include the ILO’s Convention 155 of 1981, and its Protocol 2002 relating to the recording and notification of occupational accidents and diseases.
July 27, 2010
tribune242
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