MINISTER of Labour and Social Security, Derrick Kellier, says that the sub-regional office of the International Labour Organization (ILO) has identified a consultant to assist with drafting Jamaica’s decade-late Occupational Safety and Health Act (OSHA).

According to Kellier, the ILO has given an undertaking to provide his ministry with technical assistance. In the meantime the sub-regional office in Trinidad and Tobago has identified a consultant to work with the ministry.

“In just a few days he will be on location here at the ministry, to work alongside our legal division, as well as the Office of the Parliamentary Counsel in finalising the Bill,” Kellier told a tripartite consultation workshop on occupational health and safety at his ministry on Wednesday.

He said that, once that aspect of the work is done, the Bill will be subjected to the approval of the attorney general, after which it will be submitted to the legislation committee of the cabinet for approval prior to being tabled in parliament.

The minister said that, in the meantime, critical policy decisions are being taken ahead of finalisation of the draft, which will impact the current system of labour administration.

“We are exploring options for expanding the jurisdiction of the Industrial Disputes Tribunal (IDT) in relation to the adjudication of labour issues generally… and we are far advanced with plans for establishing an arm of the IDT in Montego Bay,” he stated.

He said that the ministry was also exploring a centralised approach to workplace inspection, by streamlining the various aspects of this function within the ministry.

“So, instead of having different labour officers visiting a workplace to monitor and ensure compliance with different aspects of labour administration, we will have standardised inspections, particularly with respect to shops and offices and other non-hazardous undertaking,” Kellier said.

The workshop was attended by representatives of the ministry, the trade unions, and employers.

OSHA legislation requires that employers must provide their workers with a workplace that does not have serious hazards, and must follow all OSHA standards.

The OSHA Act will address all aspects of the Jamaican workplace. Topics covered include elevators, ventilation, lighting, emergency exits, fire escapes, and fire extinguishers. There are also detailed regulations about the operation of specific dangerous equipments such as drill presses, lathes, forklifts, and welding equipment. Fines for non-compliance range from $25,000 to $250,000 for each violation.

Currently, the old Factories Act covers workers in factories only. This Act sets out additional regulations not spelled out in the OSHA.

For example, injury to a worker must be reported to the Jamaica Industrial Safety Department (JIS) within 48 hours. The Ministry of Labour, which controls the JIS, will then determine the course of action to be taken. The ministry is not responsible for recourse to the injured party, but only to investigate the accident with a view to implementing recommendations so that similar accidents do not recur.