Fines & Penalities As Prescribed Under the Trinidad

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Fines and penalities as prescribed under the Trinidad and Tobago OSH Act.

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Reasonably Practicable, Fines & Penalities As Prescribed Under the Trinidad & Tobago OSH Act 2004/2006: 

Reasonably Practicable, Fines & Penalities As Prescribed Under the Trinidad & Tobago OSH Act 2004/2006 Dr. Deryck D. Pattron, Ph.D. Public Health Consultant 1 copyright(c) Dr Deryck D. Pattron 2012

Preamble: 

Preamble The main purpose of the “Fines and Penalities Presentation As Prescribed Under the Trinidad and Tobago OSH Act 2004/2006” is to provide greater awareness for better compliance of OSH practitioners and all stakeholders of the OSH Act. 2 copyright(c) Dr Deryck D. Pattron 2012

Reasonably Practicable : 

Reasonably Practicable Considerable judicial interpretation The minimum cost involved in reducing the risk further when compared to the benefit gained. The risk is weighed against time, money and effort required to control it. It is a best common practice of judgment between risk and societal benefit. Mentioned 15 times in the OSH Act 2004/2006. 3 copyright(c) Dr Deryck D. Pattron 2012

Frequency & use of the term “reasonably practicable”: 

Frequency & use of the term “reasonably practicable” 6(1 ) It shall be the duty of every employer to ensure , so far as is reasonably practicable, the safety, health and welfare at work of all his employees. 6(2)a the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health. 4 copyright(c) Dr Deryck D. Pattron 2012

Frequency of use of the term “reasonably practicable” cont’d: 

Frequency of use of the term “reasonably practicable” cont’d 6(2)b arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in connection with the use , handling, storage and transport of equipment , machinery, articles and substances. 6(2)d the provisions of such information, instruction , training and supervision as is necessary to ensure, so far as is reasonably practicable , the safety and health at work of his employees; 5 copyright(c) Dr Deryck D. Pattron 2012

Frequency & use of the term “reasonably practicable” cont’d: 

Frequency & use of the term “reasonably practicable” cont’d 6(2)e so far as is reasonably practicable as regards any place of work under the employer’s control, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks. 6 copyright(c) Dr Deryck D. Pattron 2012

Frequency & use of the term “reasonably practicable” cont’d: 

Frequency & use of the term “reasonably practicable” cont’d 6(2)f the provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe , without risks to health, and adequate as regards amenities and arrangements for their welfare at work . 7 copyright(c) Dr Deryck D. Pattron 2012

Frequency & use of the term “reasonably practicable” cont’d: 

Frequency & use of the term “reasonably practicable” cont’d 7 (1) It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment , who may be affected thereby are not thereby exposed to risks to their safety or health. 8 copyright(c) Dr Deryck D. Pattron 2012

Frequency & use of the term “reasonably practicable” cont’d: 

Frequency & use of the term “reasonably practicable” cont’d 7(2 ) It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure , so far as is reasonably practicable, that he and other persons, not being his employees, who may be affected by his actions are not thereby exposed to risks to their safety or health. 9 copyright(c) Dr Deryck D. Pattron 2012

Frequency & use of the term “reasonably practicable” cont’d: 

Frequency & use of the term “reasonably practicable” cont’d 7(4 ) An occupier shall ensure, as far as is reasonably practicable, that no unsafe structure exists in the industrial establishment that is likely to expose persons to risks to bodily injury. 10 copyright(c) Dr Deryck D. Pattron 2012

Frequency & use of the term “reasonably practicable” cont’d: 

Frequency & use of the term “reasonably practicable” cont’d 13(1)a ensure, so far as is reasonably practicable, that the technology, machinery, plant, equipment or material is safe and without risks to health when properly used. 13(2 ) A person who undertakes the design or manufacture of any technology, machinery, plant, equipment or material shall carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimization of any risks to safety or health to which the machinery, plant, equipment or material may give rise. 11 copyright(c) Dr Deryck D. Pattron 2012

Frequency & use of the term “reasonably practicable” cont’d: 

Frequency & u se of the term “reasonably practicable” cont’d 13(3 ) It shall be the duty of any person who erects or installs any machinery, plant, equipment or component thereof , in any premises when that article is to be used by persons at work to ensure, as far as is reasonably practicable , that nothing about the way in which it is erected or installed makes it unsafe or exposes persons to risks to their safety or health when properly used. 12 copyright(c) Dr Deryck D. Pattron 2012

Frequency & use of the term “reasonably practicable” cont’d: 

Frequency & use of the term “reasonably practicable” cont’d 13 (6 ) Where a person designs, manufactures, imports or supplies any technology, machinery, plant, equipment or material for, from or to another on the basis of a written undertaking by that other to take specified steps sufficient to ensure, so far as is reasonably practicable, that the article will be safe and without risks to health when properly used, the undertaking shall have the effect of relieving the first mentioned person from the duty imposed by subsection (1 ) to such extent as is reasonable having regard to the terms of the undertaking. 13 copyright(c) Dr Deryck D. Pattron 2012

Frequency & use of the term “reasonably practicable” cont’d: 

Frequency & use of the term “reasonably practicable” cont’d 82A In any proceedings for an offence under any of the relevant statutory provisions consisting of a failure to comply with a duty or requirement to do something so far as is practicable, or so far as is reasonably practicable , or to use the best practicable means to do something , it shall be for the accused to prove, as the case may be, that it was not practicable or not reasonably practicable to do more than was in fact done to satisfy the duty or requirement, or that there was no better practicable means than was in fact used to satisfy the duty or requirement. 14 copyright(c) Dr Deryck D. Pattron 2012

Penalties: 

Penalties Offense Fine Refusal to comply with the general duties of employees at work (Section 10) Ten thousand dollars Sells defective technology, machinery or plant materials which are in contravention to the OSH Act 2004/2006 Ten thousand dollars Obstruction of an authorized officer under the OSH Act Two thousand dollars and six months imprisonment Tampering or destroying evidence at an accident scene or site Five thousand dollars Defaces any document required by the OSH Act to be posted in a plant Five hundred dollars 15 copyright(c) Dr Deryck D. Pattron 2012

Penalties cont’d: 

Penalties cont’d Offence Fine Failure to certify premises under the OSH Act Ten thousand dollars and one thousand dollars for every day after and/or six months imprisonment Failure to inform the Chief Inspector within four working days of an employee’s occupational disease Five thousand dollars and/or three months imprisonment Death of an employee or suffering critical injury or developing disease One hundred thousand dollars or three years pay depending on which one is greater. Failure to report accident to employer Ten thousand dollars and/or three months imprisonment Failure of a medical practitioner to inform the Chief Inspector within two days of an employee suffering from an occupational disease Five thousand dollars and/or three months imprisonment 16 copyright(c) Dr Deryck D. Pattron 2012

Penalties cont’d: 

Penalties cont’d Offense Fine Threat of dismissal, suspension, of an employee to prevent an inspector from gathering information Five thousand dollars and/or three months imprisonment Failure to make the necessary corrective actions within the specified time frame, after being convicted of an offence Ten thousand dollars for every day after Committing an offence when there is no stated penalty under the OSH Act Twenty thousand dollars and/or one year imprisonment and/or ten thousand for every day after Making false entries; counterfeiting, signing and forging documents for the purpose of the OSH Act Twenty-five thousand and/or three years imprisonment 17 copyright(c) Dr Deryck D. Pattron 2012

Appropriateness of Fines: 

Appropriateness of Fines Specificity with regards to the scope and depth of non-compliance Timeliness of fines and penalities Relevance of fines and penalities to non-compliance Promptness in the application of fines and penalities Equity in the application of fines and penalities Realistic measure of compliance copyright(c) Dr Deryck D. Pattron 2012 18

Benefit vs. Cost: 

Benefit vs. Cost Benefit = Cost (45-50 % compliance) Benefit > Cost (65-85% compliance) Benefit < Cost (10-25% forced compliance) copyright(c) Dr Deryck D. Pattron 2012 19

Reference: 

Reference Occupational Health & Safety Act 1 of 2004. The Government Printery. Port of Spain: Republic of Trinidad and Tobago. Pattron, D. World Issues in Public Health. 2004. New York: Scientific Publishers. 20 copyright(c) Dr Deryck D. Pattron 2012