The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

Employers and trade unions yesterday both gave their backing to the Government’s plans to finally implement the Health and Safety at Work Act, although companies will have to make “further capital investments” to comply.

Speaking after Shane Gibson, minister of labour and national insurance, told the House of Assembly that the necessary regulations to implement the Act will be laid in Parliament soon, both the Bahamas Chamber of Commerce and Employers Confederation (BCCEC) and Trades Union Congress (TUC) president gave a cautious welcome.

Edison Sumner, the BCCEC’s chief executive, told Tribune Business: “The Chamber had some significant input into the drafting of those regulations.

“We are still anxious to see the amended regulations before they’re tabled in the House of Assembly. We’re hoping we would be able to have sight of them and be able to provide feedback and further input.”

The Health and Safety at Work Act was passed into statute in 2001, some 12 years ago, but has yet to be brought into effect because the necessary regulations - which provide the enforcement teeth - were never agreed and laid in Parliament.

The former Ingraham administration had sought to bring them forward, and engaged in discussions with companies in Grand Bahama’s industrial sector, but ultimately decided to hold-off because the economy was embroiled in the global recession.

Mr Gibson yesterday indicated that Bahamian companies might have to bear a further cost burden, as the Act and regulations will require all companies with 20 employees and over to form Health and Safety Committees.

Mr Sumner agreed, saying: “The new Act and regulations will have their effect on companies small and large as it relates to practices to implement.

“The Act will require expenditure of capital to make companies compliant, but in a lot of cases it is necessary to improve working situations in the country and bring us into line, especially protecting health and safety for everyone on the job site.

“It will take capital investment, the expenditure of resources, but in the long run it will be good for everyone - employer and employee.”

The BCCEC chief executive said implementation of the Health and Safety at Work Act “augurs well” for all working Bahamians.

“Safety in the workplace has been on the discussion table for quite some time,” Mr Sumner said. “We’re glad to see it making its way to Parliament.

“We are at a crossroads in many respects in this country as it relates to any number of pieces of legislation to be tabled in Parliament.”

Obie Ferguson, the TUC president and a noted labour attorney, said he fully supported the Government’s plans, adding: “There are no statutory regulations governing health and safety in the workplace.”

The absence of these regulations, and the fact the law was not in effect, did “a disservice” to both Bahamian employers and employees, Mr Ferguson added, with companies not knowing if they were doing “something contrary to the Act”.

And, with employees unaware if the Act was being breached, Mr Ferguson said the potential existed for employers to be subjected to lawsuits that had no merit.

He added that many industrial agreements required employers to form Health and Safety at Work committees, and these “seem to be working well”.