Importance of the OSHE Framework in Trinidad and Tobago

- Overview of the OSH landscape in Trinidad and Tobago

- Challenges faced in OSH risk control

- Legal framework and regulations related to OSH

- Role of the OSHE framework in addressing local challenges

The Occupational Safety and Health Act sets out a legislative framework governing workplace health
and safety. The Occupational Safety and Health Act Chap. 88:08 (“OSHA”) applies to all “industrial
establishments” including such industrial establishments owned by or occupied by the State. The
goal of the Trinidad and Tobago OSH Act is to ensure employers establish and maintain a safe and
healthy workplace. Within the Act, there are general duties to which all employers must adhere.
Outside of the duties of employers, the Act also looks at the rights of employees and many other
comprehensive aspects of occupational health and safety. The creation of annual risk assessments is
among the most prominent of the responsibilities established for employers. According to Section
13A of the Act, every employer shall make a suitable and sufficient annual assessment of the risks to
the safety and health of his employees to which they are exposed whilst they are at work; and the
risks to the safety and health of persons not in his employment arising out of or in connection with
the environmental impact of his undertaking, for the purpose of identifying what measures are
necessary. In many instances, however, employers and employees are not adequately educated
about and trained in safety procedures and best practices. Therefore, it is critical that there is proper
awareness of the duties laid out in the Act to ensure that the proper standards are kept for accident
prevention. As a way of regulating proper risk control in the workplace, the amended OSH Act of
2006 established two agencies which are the Occupational Safety and Health Agency and the
Occupational Safety and Health Authority. The OSH Agency is the enforcing body whereas the OSH
Authority is primarily concerned with policy formulation, development, incorporation and adoption
of regulations, standards and codes of practice. The OSH agency, under the OSHA, is allowed the
appointment of a chief inspector, a medical inspector, and a supervisory body of inspectors. These
inspectors are granted a number of rights, including the ability to gain access, to give directives
and/or notifications for compliance, and to bring legal action for non-compliance in the Industrial
Court. Within the OSH Act, employers can be held liable for not adhering to the framework set out.
This liability can be in the form of penal sanctions and penalties for breaches of the Act and also an
employee may bring civil proceedings against the employer for breach of statutory duty.