In Guyana, the core legislation governing health and safety is the Occupational Safety and Health Act (Chapter 99:10). This act establishes fundamental rights for workers, outlines employer and employee responsibilities, and defines standards across various industries and work environments. The Occupational Safety and Health Authority (OSHA) and the Ministry of Labour are the primary bodies responsible for policy development, enforcement, and promotion of health and safety in Guyana.

Employer Responsibilities

Under the Occupational Safety and Health Act, employers have a wide range of duties to ensure health and safety:

• General duty of care: Employers must take all reasonably practicable measures to provide a safe and healthy workplace. This includes safe systems of work, safe plant and machinery, safe use, handling, storage, and transport of substances, and provision of necessary information, instruction, training, and supervision.
• Workplace Hazards: Employers have a duty to identify and control hazards in the workplace. This includes conducting risk assessments, implementing safety measures, and providing appropriate personal protective equipment (PPE).
• Maintenance of plant and machinery: Employers are responsible for ensuring equipment and machinery are in good working order and properly maintained to prevent risks.
• Safety Committees: In workplaces with 25 or more employees, the employer must establish a joint workplace safety and health committee.

Employee Responsibilities

Employees also have a role to play in maintaining a safe and healthy workplace:

• Taking reasonable care: Employees must take care of their own health and safety, as well as that of others who may be affected by their actions.
• Cooperating with employers: Employees are required to cooperate with their employers' reasonable safety measures.
• Complying with instructions: Employees must follow safety instructions and procedures provided by their employer.

Specific Health and Safety Provisions

The Occupational Safety and Health Act addresses a wide range of specific health and safety issues:

• First aid: Employers must provide adequate first aid facilities and trained personnel.
• Welfare facilities: Employers must provide suitable welfare facilities such as toilets, washing facilities, and drinking water.
• Fire prevention and precautions: The act outlines requirements for fire safety measures and emergency procedures.
• Accident and disease notification: Employers are obligated to report certain accidents and occupational diseases to the relevant authorities.

Enforcement and Penalties

• Powers of inspectors: OSHA inspectors have broad powers to enter workplaces, conduct examinations and investigations, and issue improvement notices or prohibition notices if breaches are found.
• Offences and penalties: The act sets out various offences and penalties for non-compliance, including fines and potential imprisonment for serious violations.

Limitations and Challenges in Enforcement

Despite established legislation, Guyana faces challenges in fully implementing and enforcing health and safety regulations. These include limited resources, the prevalence of the informal economy, and limited awareness and education about rights and responsibilities under health and safety laws.

Occupational safety and health (OSH) standards in Guyana are influenced by several factors. The National Occupational Safety and Health Policy (2018) provides overarching principles and goals for improving OSH in Guyana, emphasizing prevention culture, stakeholder collaboration, and continuous improvement. The Occupational Safety and Health Act (Chapter 99:10) and its supporting regulations outline specific health and safety standards for a wide range of workplace hazards. Additionally, Guyana has ratified key International Labour Organization (ILO) Conventions related to OSH, which influence national standards.

Hazard Prevention and Control

Risk assessment is a key component of hazard prevention and control. The OSH Act mandates employers to conduct risk assessments to identify, assess, and control hazards in the workplace. Employers are expected to implement control measures based on the hierarchy of controls, prioritizing elimination, substitution, engineering controls, administrative controls, and personal protective equipment (PPE).

Workplace Environment

Workplaces must have suitable and sufficient ventilation to maintain safe and healthy air quality. Adequate lighting is also required to prevent eye strain and potential hazards. Employers must provide appropriate toilets, washing facilities, drinking water, and rest areas.

Specific Hazards

The OSH Act sets guidelines for managing exposure to excessive noise levels and regulations exist for the safe handling, storage, transport, and labeling of hazardous substances. Employers must ensure safe operation, guarding, and maintenance of machinery. The OSH Act also establishes fire prevention requirements, emergency plans, and fire-fighting equipment. Guidelines are in place for safe work at height, including fall prevention measures.

Occupational Health

The OSH Act includes provisions for preventing and reporting occupational diseases. Employers may be required to provide medical examinations for workers exposed to specific hazards.

Worker Participation and Representation

Workplaces over a certain size are obligated to establish joint worker-management safety and health committees. Workers have the right to refuse work they believe is unsafe or unhealthy.

Evolving Standards

Guyana's OSH standards continue to evolve, driven by a commitment to building a stronger safety culture within the country. Recent developments include an increasing recognition of the importance of mental health and psychosocial hazards in the workplace, and encouragement of more structured OSH management systems in workplaces for effective prevention.

Workplace inspections are a crucial aspect of maintaining labor standards in Guyana. They help to ensure safe and healthy working conditions by identifying potential hazards and verifying compliance with labor laws and regulations.

Roles and Responsibilities in Workplace Inspections

The Ministry of Labour - Occupational Safety and Health (OSH) Department is responsible for carrying out inspections, issuing enforcement notices, and conducting investigations. Employers are tasked with maintaining safe and healthy work environments, complying with regulations, and cooperating with inspectors. Employees have the right to report workplace hazards and participate in inspections as needed.

Workplace Inspection Procedure

The inspection procedure begins with planning, where inspectors review the workplace history, past notices, and any reports of safety concerns. This is followed by an opening conference where the inspector introduces themselves and explains the scope and purpose of the inspection. The inspector then conducts a walkthrough inspection of the facilities, equipment, processes, and documentation related to safety and health. Employee and employer representatives may accompany the inspection. Interviews with workers and management are conducted to gain additional insights. The inspection concludes with a closing conference where the inspector reviews findings, discusses potential corrective actions, and explains possible enforcement measures. A formal written report outlining findings and recommendations is then prepared by the inspector.

Inspection Criteria

Inspections focus on various aspects such as physical hazards, chemical hazards, biological hazards, ergonomic hazards, work organization and psychosocial hazards, emergency procedures, and recordkeeping.

Inspection Frequency

The frequency of workplace inspections in Guyana varies based on risk factors and the industry. High-risk industries may have more frequent inspections. Inspections may also be triggered by specific complaints or reports of accidents.

Follow-up Actions

Employers are generally given the opportunity to correct any issues voluntarily. The OSH Department may issue notices for compliance with deadlines. Employers failing to comply with notices or address serious hazards may face prosecution.

Key Points to Remember

Workplace inspections are instrumental in preventing accidents and injuries. Employers and workers must actively collaborate with inspectors. Non-compliance with regulations can result in significant penalties. Guyana is committed to fostering safe and healthy work environments for all workers.

Workplace accidents are unfortunate incidents that require immediate attention and proper handling. Employers must promptly notify the relevant authorities about any accidents that result in death, serious bodily injury, or dangerous occurrences. The Occupational Safety and Health Act No. 32 of 1997 stipulates specific timelines for reporting different types of accidents. It is also the employer's duty to maintain thorough records of workplace accidents, including details of the incident, injuries sustained, and actions taken.

Investigation of Workplace Accidents

The primary purpose of an accident investigation is to determine the root causes and identify preventive measures for the future. The Occupational Safety and Health Department is typically responsible for investigating serious accidents and those involving fatalities. Employers also have an obligation to conduct investigations into workplace accidents and to implement necessary corrective actions. These investigations often include site examinations, interviews with witnesses, workers, and management, and a review of relevant documentation such as safety procedures and maintenance logs.

Compensation Claims

Employees injured in workplace accidents may be eligible for compensation through the National Insurance Scheme (NIS). This includes medical benefits, temporary or permanent disability benefits, and survivor benefits in cases of fatalities. In addition to NIS, employers may be directly liable for compensation if negligence contributed to the accident. Workers may need to pursue compensation claims through the courts if the employer disputes a claim.

Important Considerations

Prompt reporting of accidents is crucial for timely investigations and accessing compensation. Thorough accident investigations can prevent similar incidents from happening in the future. Employees have a right to a safe work environment and to compensation in the case of workplace injuries. Employers must comply with reporting, investigation, and compensation requirements.