Offences, Prejudice and Legal Proceedings (Trinidad and Tobago)

In terms of civil punishment for OSHA infractions, there have been Industrial Court decisions in
favor of the Authority against corporations for OSHA violations that resulted in harm and/or
death. The fines in those cases ranged from TT$15,000.00 to TT$20,000.00 for each breached
clause, with an order for compensation to be paid to the employee or his estate. The act also
states if anyone is to commit an offence under the OSHA law and a penalty is not stated within
the OSHA act is liable to a fine of up to TT$20,000 and imprisonment of up to one year.The
Public Services Association ("PSA") has also shut down some high-profile government offices
for alleged OSHA violations. In addition, the High Court of Justice has issued conflicting
decisions on whether combined claims in negligence at common law and for breach of statutory
duty under OSHA can be brought in the High Court. This question will be decided by the Court
of Appeal.

If a person is found guilty of a law violation, OSHA imposes a number of penalties. Directors
and/or officers of corporations who are shown to have approved, acquiesced, or conspired in
such crimes may be held personally accountable. The Criminal Court has summary jurisdiction
over criminal cases, whereas the Industrial Court has authority over civil cases. Those who have
been wronged have the right to file a complaint with the Industrial Court, and offenders face the
potential of civil damages awards under OSHA, in addition to the statutorily imposed penalties
and terms of jail.

Some of these are:

1. In the case that someone dies, becomes critically injured or develops an occupational injury
and is proven negligence is by the employer, owner or the occupier will be liable to a fine of
up to TT$100,000 or the amount equivalent to three years pay of that person. The Court can
determine otherwise in these cases as well as it relates to damages.
2. For forgery of documents, false submissions, false declarations and other certificates the
person can be liable to a fine of up to TT$25,000 and imprisonment of up to three years.
3. Any person that willingly obstructs the duties of a verified officer under this act will be liable
to a fine of TT2,000 and imprisonment of up to six months.
4.