OCCUPATIONAL HEALTH AND SAFETY ACT

Date of Enactment: Republic of Trinidad and Tobago, Act No. 1 of 2004, Amended 2006

The law sets occupational health and safety standards that the Occupational Safety

and Health Agency (OSHA) enforces. The government’s occupational health and safety

regulations apply to all workers, regardless of citizenship. Local labour laws generally protect

foreign labourers brought into the country according to their contract agreement.

In addition to this general common law duty, the Occupational Safety and Health Act

(“OSHA”) sets out a legislative framework governing health and safety practices in the

workplace. The purview of the Act extends beyond traditional industrial establishments and

includes shops, offices and other places of work.

PURPOSE OF THE ACT

The main purpose of the act is to ensure an environment that leads to a safe and

healthy workplace throughout Trinidad and Tobago, and to assure safe and healthful working

conditions for working individuals by setting and enforcing standards and by providing

training, outreach, education, and assistance.

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 MAIN PROVISIONS OF THE ACT:

 Safety: which includes regulations relating to the provision of protective

clothing and devices, removal of dust and fumes and safeguarding of machinery

 Fire: which includes regulations relating to the provision of a means of escape

in case of fire; proper fire-fighting equipment and instructions as to use of means

of the escape in case of a fire.

 Health: which includes provisions relating to cleanliness, lighting,

overcrowding, noise and vibration and the medical examination of employees.

 Welfare: which includes provisions relating to drinking water, washing

facilities, canteens, restrooms, and first aid appliances.

 Employment of Young Persons: which includes nature of their work, hours of

employment and certificate of fitness

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 REDRESS FOR FAILURE TO ADHERE TO THE ACT

 Subject to the provisions of the OSHA Act, any person who commits an offence

under this act for which no penalty is expressly provided, is liable, on summary

conviction to a fine of twenty thousand dollars and to imprisonment for one year, and

if the offence, other than a safety and health offence, in respect of which he was

convicted is continued after the conviction, he is liable to a further fine of ten

thousand dollars for each day on which the offence continues.

 In the event where a person dies, is critically injured or develops an occupational

disease in consequence of an employer, occupier or owner having contravened this

Act ,the employer, occupier or owner shall, without prejudice to any other liability or

right of action arising out of the death or critical injury or disease, be liable to a fine

of one hundred thousand dollars or of an amount equivalent to three years pay of

that person whichever is greater, and the whole or part of the fine may be applied for

the benefit of the victim or of his estate, or otherwise as the court may determine.

 In the event, where a young person is employed in contravention of this Act, the

parent of the young person, as the case may be, commits an offence and is liable, on

summary of conviction, to a fine of five thousand dollars unless appears to the Court

that the contravention occurred without the consent, connivance or wilful default of

the parent.

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Examples for not redressing to the OSHA Act:

According to the Trinidad and Tobago Newsday, a T&TEC clerical worker fell of a chair at

his workplace in the commission’s office in Port of Spain and injured his back. This injury

resulted in him unable to sit for long hours. The worker, Andre Marchong, was awarded four

hundred and thirty-seven thousand dollars ($437,000.00). The company, Galt and Little page

Ltd was also found liable for the type of chair they produced.

In a separate case, a RBTT Bank worker was awarded for receiving injuries she suffered

when she fell during a meeting on December 8 2003. As stated in the Trinidad’s Express,

Mary Blanchfield was “partially responsible when she failed to ensure that the chair she was

sitting on when she got up to speak was still there when she was about to sit.” She accused

her employer for failing to provide a safe place and safe system of work and failing to

provide competent fellow employees.

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 CRITICAL ANALYSIS AND IMPLICATIONS FOR THE PRACTICE OF HRM

Strategic Human Resources Management (HRM)

Strategic HRM can be defined as the practice of attracting, developing, rewarding,

and retaining employees for the benefit of the entire organization and all stakeholders

involved. In order to attract the best candidates, companies must maintain a good workplace

safety record. In terms of development, human resource managers need to implement OSHA-

approved training and development programs to ensure that every employee is aware of

precautionary policies. Employers should also encourage their staff members to follow safety

requirements by offering incentives such as rewarding individuals and departments which

have upheld high safety standards. Likewise, firms should also discourage unsafe practices by

penalising anyone found in breach of safety regulations.

Recruitment and Selection

Recruitment is defined as the process through which the organisation seeks applicants

for potential employment. Whereas, Selection is the process by which the organization

attempts to identify applicants with the necessary knowledge, skills, abilities, and other

characteristics that will help the organisation achieve its goals. Research from a study by the

University of Scranton, in Pennsylvania revealed that nearly 70% of organisations report that

staff turnover has a negative financial impact due to the cost of recruiting, hiring, and training

a replacement employee and the overtime work of current employees that’s required until the

organization can fill the vacant position. (Yazinski, 2009) Therefore, companies that take

OSHA procedures seriously should show preference to candidates who have already engaged

in health and safety training programs. Firms should also try to retain valuable employees by

showing their appreciation for employees who uphold high safety standards

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Orientation, Training, and Development

In the delivery of effective Human Resource Management, the collective functions of

Orientation, Training, and Development are key to the introduction and overall enhancement

of the human resources of any institution.

 Orientation is the systematic and planned introductions of employees to their jobs,

their co-workers, and the organisation. After the interview process, successful

candidates still feel anxious when starting a new job, therefore, a well-designed

orientation process can help strengthen the employee’s commitment to the

organisation by showing them that what they do can affect the company positively or

negatively.

 With respect to Health and Safety, HR is to ensure that as part the systematic

orientation to the organisation, new employees are also informed of the OSH policies

of the company because under the Act the employer is charged with this

responsibility.

 New employees must be informed of the importance of complying with the firm’s

OSH regulations.

HR is also responsible for training employees to make them proficient in job-related skills

and behaviour. Regarding the OSH Act, HR is obligated to train employees, especially in

cases where the lack of proper training can cause damages or even loss of life to employees

in the organisation. The Act also empowers employees with protection if they refuse to work

in unsafe environments. Additionally, HR is expected to develop the acquired knowledge,

skills, and behaviour of employees to ensure that they are equipped to meet any changes in

job requirements. These developments are made by way of the organisation funding

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additional education after which the employee earns certificates, diplomas, and/or relevant

university degrees; this can ensure that the firm remains OSH compliant.

Performance Management

Performance Management is the process of ensuring that employee activities and

outputs match the organisation’s goals. HR Managers must make routine assessments of

employee performance to ensure that company goals and policies are being adhered to. Good

performance should be encouraged and negative performance should be discouraged and

disciplinary action should be taken for noncompliance with health and safety standards.

Compensation Management

Compensation Management involves the financial and non-monetary benefits that

employees receive in return for their work. Annually organisations spend large sums of money

on expenses associated with occupational injuries and illnesses. These expenditures come

straight out of the company’s profits and also increase worker compensation and retraining.

Most companies have in place the necessary compensatory packages to cover employees in the

result of injury or illness on the job, and in the case of the death, the dependants of that

employee will be compensated. Non-monetary benefits that firms can provide include training

in first aid, CPR, fire extinguisher usage and how to deal with any emergency and/or accidents.

Organisations should also provide first aid kits for accidents and a sick bay for employees who

fall ill while at work.

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Career Planning and Development:

Career Planning and Development is the continual process of managing one’s training,

leisure, learning, and work progress as one move through life. Organisations employ persons

who are skilled and capable in the field to ensure that the laws and regulations are adhered to

and enforced by both employees and management while performing their duties. Organisations

can encourage and assist employees in their professional growth; this can add value to the

company. With employees growing and developing in the organisation, they can work together

with management to develop and implement upgraded procedures and policies in the

workplace, to ensure safety at all times.

Employee Relations Management (ERM):

The purpose of Employee Relations Management is to strengthen the employer -

employee relationship through identifying and resolving workplace issues, measuring

employee satisfaction and morale, and providing support and input regarding the company’s

performance management system. Employee Relations is important because HRM strategy and

organisational success depend heavily on the productivity and engagement of a company’s

workforce. As a branch of HR Management, Employee Relations Managers seek the best

interests of employees and assist employers with contract disputes and negotiations. The

policies that a company has in place determines the way employees can act. ERM is responsible

for setting new policies and ensuring that all workers comply. New policies and programs

regarding drug or alcohol use may be created as well as policies on the way employees act on

social media sites and how they behave around customers.

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 Benefit packages refer to all benefits awarded to employees, such as vacation time, sick

leave, maternity leave, health insurance etc. Salaried employees sign a contract that outlines all

the benefits they will receive and what is expected of them on the job. Depending on the

industry, the ERM may need to act as a union representative on the job and step in when

problems arise. The union will want to know that the company followed all the standards it put

in place and that workers did not violate any laws. Employee Relations Managers must comply

with all state laws pertaining to employment. They need to ensure that there is no

discrimination against potential applicants based on factors like race, age, and gender as well

as ensuring that employees follow all OSHA standards. Employees also need to be provided

with a safe place to discuss problems they experience on the job.

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 Work Cited

Noe, Raymond A., et al. Fundamentals of Human Resource Management. 6th ed., McGrawHill

Education, 2016. Print.

Yazinski, Sarah K. “Strategies for Retaining Employees and Minimizing Turnover.” BLR— Business and

Legal Resource, BLR®—Business & Legal Resources, 3 Aug. 2009, <>. Web. 03 March. 2019.

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