Independent Senators point to shortcomings in safety at work legislation

The Safety and Health at Work (Amendment) Bill, 2022 should make better provisions for the island’s sanitation workers, an Independent Senator has suggested.

Senator Lindell Nurse, who praised the efforts of workers who keep the country clean, and others who clear drains and perform similar tasks, declared “it should be mandatory that sanitation workers have a free [health] examination done every six months”.

He told the Upper House during Wednesday’s debate on the Safety and Health at Work (Amendment) Bill, 2022 that this was important given the nature of their jobs,

“It is critical, I think, for those categories of workers. We spoke of the effects of the recent pandemic, and again from time to time we started to hear little things about proper equipment being available, proper PPE [Personal Protective Equipment] and so and I would like to think that we recognise that these are all important issues that have to be addressed under the safety and health legislation,” Senator Nurse said.

Fellow Independent Senator Andrew Mallalieu, in his contribution, lamented that the Bill does not adequately address the responsibilities of employees.

While expressing broad support for the legislation, he pointed out that the 136-page Bill which contains 138 sections only has 15 lines in Section 9 that place equal burden on employees for safety and health in the workplace.

“And in this [COVID-19] pandemic, what we did learn if anything at all is that we need to be responsible for each other. What personal choices we made affected everyone around us,” Mallalieu said.

Highlighting Section 9, Mallalieu pointed out that it requires and obligates employees to take reasonable care of their health and safety and that of persons who may be affected by their acts or omissions and to cooperate with their employer as far as necessary to enable the duty imposed on the employer by the Act

“I think we have missed a huge opportunity in these amendments not to address that which was in the media, in the public forum, for the last 24 months – at least since vaccinations were available since testing was available,” he said.

“It is clearly now proven that is irresponsible of someone who may be ill to go into a workplace, but why have we not taken this opportunity andthese amendments to make it absolutely clear that is an employee’s responsibility – not to bring sickness into a workplace?”

Mallalieu made clear he had no objection to the amendments, but suggested that Government should have done more to address such issues.