On March 11 this year, Mr Neptrid Hercules, who was just seven months shy of retirement, having worked in the mining industry for some 42 years, disappeared along with the bulldozer he was operating when an earthen structure in the area where he was working collapsed. Mr Hercules, whose body was recovered several days later, was employed by Bosai Minerals Group Guyana at Linden; the company was said to have been involved in mine reclamation. Mr Hercules suffered a horrific death.
Subsequent to the incident, an investigation was convened by Minister of Labour Joseph Hamilton in accordance with Section 72 (1) of the Occupational Safety and Health Act, Chapter 99:06 Laws of Guyana. The objective was to determine exactly what occurred and why, and as is customary in inquiries of this nature recommendations were expected to be made to prevent any recurrence. The investigation commenced on March 27.
At the end of April, having received the formal report of that investigation, Mr Hamilton issued, or caused to be issued a press release which offered nine recommendations, seven of which Bosai Minerals Group was to institute within set timelines. That press statement did not reveal the timelines, nor did it say who or if anyone was answerable for Mr Hercules’ death. Days later, questioned on the issue, Minister Hamilton pronounced that no one was found to be culpable. This was more than passing strange, since even in the absence of a probe, for there to be no culpability would mean Mr Hercules had taken the bulldozer without permission and driven it into the earthen wall. In fact, there was every indication that at the time of his death he had been working where he had been directed by his bosses.
As it turned out, Mr Hamilton’s assertion was nothing but shameless obfuscation. The report, the contents of which this newspaper published in this Monday’s edition, was clear on where blame should reside. It named Bosai Minerals Group Guyana, the Ministry of Labour, the Environ-mental Protection Agency and the Guyana Geology and Mines Commission as all being culpable in the incident which caused Mr Hercules’ death. Now hoisted by his own petard, it will be interesting to see how the Minister of Labour attempts to either spin this one or employs a large carpet sweeper. Lest we forget, we live in a country where doing the honourable thing is unheard of.
With regard to the culpability of Mr Hercules’ employer, the report said it was found that the company failed to conduct a risk assessment, and did not “address geotechnical engineering/ groundwater hydrology issues in its operations”. It also did not observe the requisite Occupational Health and Safety measures as it only employed a consultant whose mandate was primarily public relations. In addition, Bosai Minerals Group Guyana did not have an emergency response plan woven into its operations that could have been activated immediately after the incident. All of this points to shoddy work practices and a lack of concern for employees’ welfare on the job.
This company, in which the Government of Guyana owns a 30 percent stake, has over the years racked up a number of debacles. In November 2019, Bosai was found to have discharged wastewater from its tailings pond into the Kara Kara Creek. It was fined in December after an appearance before the Environmental Protection Agency (EPA) headed at the time by Dr Vincent Adams and had further undertaken to design a new tailings pond to prevent a recurrence. Additionally, the company had claimed that it would compensate residents of the area who used the creek as part of their daily livelihoods.
Not long after, in January 2020, Bosai’s tailings pond was breached resulting in effluent flooding the Nooitgedacht community in Linden, as well as flowing into the Kara Kara Creek. The EPA imposed a fine of $1 million and ordered a halt to discharges into the pond until the fault was rectified.
In November 2021, Fabian Anthony, a former heavy-duty mechanic at Bosai filed suit to the tune of $100 million after he sustained a punctured skull while on the job. According to his statement of claim, the injury was as a result of the company’s negligence. Mr Anthony claimed that prior to “an object” dislodging from a crane and striking him in the head, numerous complaints had been made to Bosai about hazards posed by “poor operational safety practices”. The fallout from the incident he had alleged, saw him lose 85 percent of his memory and he had medical expenses of some $20 million to date. He said Bosai had offered him $2 million in full settlement, but that was grossly inadequate.
All of these incidents point to a company that operates as it sees fit, which does not seem to be within the confines of the laws in this country. Apart from the two fines imposed over the environmental failures in 2019 and 2020, local regulatory agencies appear unable or unwilling to do their jobs and read the riot act to Bosai. They are therefore failing not just the workers but the entire country.
