Dear Editor,

I wish to extend my heartfelt condolences to the wife, children, relatives and friends of the deceased John Steele, a chief welder/foreman of John Fernandes Limited whose fatality was reported in Stabroek News (SN) 10/28/09 and referred to as a “freak” accident. This classification/reporting of John Steele’s death is not only misleading, it does a great disservice to the family and those close to Mr. Steele. It also denies the case the appropriate attention regarding existing and potential occupational safety and health hazard conditions, and in effect removes employer liability towards providing a safe working environment.

The public, all employees of John Fernandes and particularly the spouse and other family members of John Steele should know that this accident is unacceptable and that there are laws governing safe standards of work for all employees, and the employer’s obligation to fulfill this.  The media that includes Stabroek News must help this family by reporting intelligently and accurately such responsibilities as in keeping with Guyana’s safety and health laws contained in OSHA Act 32 of 1997.

The OSHA Act 32 of 1997 for Guyana places a responsibility on the employer to provide a working environment that is safe for all employees. All employees should therefore be made aware of potential and existing hazards in the workplace and taught how to recognize such hazards as part of their frequent or periodic on the job safety training. Similarly, all should be aware that advancements made in the field of occupational safety and health have caused an expansion of the concept, “accident” which is widely recognized as occurring as a result of one or more identifiable causes, be it through unsafe acts,  unsafe conditions or both.  I would therefore hope that John Fernandes Limited and those who represent these workers are aware of this and will seek to have this company immediately correct the hazardous conditions, which John Fernandes has corporate responsibility for, and which clearly existed at the time of John Steele’s death.

Given that a  wharf is among the most dangerous of workplaces with the potential for falling hazards, other hazards from  high level storage of materials, overhead moving containers, and heavy duty machines and vehicular traffic  included,  it is imperative that safety be a key component of corporate responsibility. According to the Stabroek News report, a wall where bags of rice were stored collapsed. As such, it is reasonable to assume that this collapse resulted either from overburden of bags stacked excessively high, bags stacked in an inappropriate storage location that is subjected to heavy traffic or vibration and therefore collapsed; bags that were not restrained by interlocking means (strapped) to prevent sliding and collapse; or from a wall that was not of sufficient structural integrity to withstand the load that was brought to bear on it. Any of these conditions would suggest an accident waiting to happen due to unsafe conditions and some degree of negligence. No other employee should be subjected to employment under these hazardous conditions in order to earn a living.

While I can only make a few assumptions based on the media report, these are all possibilities that would be considered hopefully in a subsequent incident investigation that should find out who, what, when, where, how and ultimately why.  Specifically, it will bring into focus whether effective company safety procedures, safety personnel to oversee safety operations, a workplace hazard assessment and employee training existed. The answers to these will reveal what was not done by the employer to prevent this accident from occurring

No doubt the family of John Steele will require, and be entitled to some compensation for this death from this occupational accident. They should be fully compensated for the loss of a breadwinner and the years of deprivation from income, emotional and other forms of support which the family (wife and children) must now endure forever. Hopefully the widow of Mr. Steele will seek a good labour and industrial relations attorney and have them represent her interest in this matter.  She should seek legal aid or approach the Women Lawyers Association for advice and assistance if necessary. Furthermore, entities such as the Ministry of Labour and labour organizations should be stepping forward to represent this working class family who without the right guidance and support will be denied the justice they deserve. Likewise the remaining workers of John Fernandes also deserve, after seeing their fallen colleague die, an assurance and demonstration that safety standards of the OSH Act are adhered to.

It is also now time for employee representatives such as the Union and particularly the Ministry of Labour to ensure that industries provide a safe work environment and meet their obligations under the OSHA Act 32 of 1997. From all appearances, the Ministry of Labour’s Occupational safety and health Unit is severely understaffed to carry out the sort of comprehensive inspections required. There are horrible stories of young men spray painting without respirators and safety goggles in tightly sealed rooms in furniture manufacturing and auto repair industries. Where is the justice for poor working class citizens who are made to suffer under such unsafe conditions and then not be able to afford representation or not have these powerful employers respect the judgment of the courts?

Mr. Steele now joins a growing list of occupational fatalities such as twenty-five-year-old Zaheer Baig, welder with the Kissoon Group of Companies who fell into the Abary waters. (SN 08/09/09); Clive Barrett who met a tragic end when the laden lumber truck he was driving turned over (SN 10/09/09); Leon Clarke who was operating a hymac and was buried in a pit. (SN 10/14/09) to name a few. Even one death is one too many and already we have seen countless over the years which suggests that there is need for a major reorganization of those state agencies and the Ministry of Labour to create the awareness , the standards and legislation to protect employees and to give meaning to OSHA Act 32 of 1997.  For too long, accidents are occurring without the apparent seriousness of investigation to effect the requisite change.

Stabroek News July 29, 2009 reports Minister of Labour, Manzoor Nadir saying that no amount of monetary compensation can reimburse for the loss of limb or life and that any breach of the law would be treated seriously.  We must now ask how many more  must die, before the Minister moves more aggressively to enforce the OSHA Act or once again is this just  the usual rhetoric?

Yours faithfully,
David Olton