Island beefs up workplace health and safety standards
Parliament tightened up the Island?s health and safety at work legislation on Friday with a bill that brought it up to international standards and technological developments.
The amendments to the Health and Safety at Work Act make it mandatory to investigate accidents that occur at work and improve the reporting regime.
The amendments also boost the rights of employees to refuse to work if they are in imminent danger, protecting them from unjust disciplinary action if they try to act within the law.
It also imposes stiffer penalties for non-compliance and requires more involvement of employees and employers in self regulation.
It requires employers to investigate employees? claims of an imminent danger in the workplace and call in the Health and Safety Officer if they cannot agree on the claim.
The Health and Safety inspectors can, in the most serious cases, order a workplace closed or prosecute the offender, said in introducing the bill.
?The primary sociological impact of these changes to legislative policy is expected to manifest itself in increased participation and interest of employers and employees in the regulation of safety and health matters affecting the workplace,? she said.
?It is expected that the revised policies will encourage co-operation and increased self-regulation by the workplace partners, and provide stronger incentives to the offenders and potential lawbreakers to achieve closer compliance with the health and safety policies and standards.?
The bill provides for fines of up to $1 million, as well as two years imprisonment, for the most serious violations.
While the Opposition supported the bill, they did express concern that it may be effectively ignored.
?Laws anywhere in the world don?t mean anything if they are not respected and if they are not upheld,? said .
He said it was important to have an awareness campaign which would enhance public appreciation of the law because many businesses had no idea of what Bermuda?s health and safety laws entailed.
And ruling party backbencher called for stronger measures, and said that health and safety inspectors should be required to investigate use of substances in the workplace that may be dangerous to individuals but not the general population.
He also called for fines to be levied against those who put hazardous substances in the garbage, and said that construction sites should be regulated.
?An inspector in Europe can close down a job,? Mr. Burgess said.
?In the US they can close down a restaurant and put a notice up saying why they closed you down.?
He said a lot of businesses were concerned about making money but not concerned about the health and safety of their employees and, while many did comply with existing regulations, many chose to ignore them.
And Mr. Burgess urged the Health and Safety office not to overlook the smaller, family owned businesses in discharging their duties.agreed with Mr. Burgess?s concerns and said that the inspectors must be proactive and given powers to shut a construction site down if they violate the rules.
He said there was a culture of ignoring health and safety regulations which needed to be changed.
?We have to change that sort of culture and make them realise that at the end of the day everyone is better off.?
His colleague pointed to a Southside company which was found to be in violation of the law, but pleaded ignorance and went unpunished.
?People in the community may suffer the consequences of an employer who did not follow the regulations that were put in place.?
She demanded to know if the Health and Safety office had a history of conducting random inspections.
?Any rule is only a rule, any legislation is only legislation if (it is) followed,? Ms Holshouser said.
