T&T MINISTRY OF LABOR ON OSHA REVISIONS AND

C O N F I D E N T I A L PORT OF SPAIN 000074

SIPDIS

SIPDIS

DEPT FOR WHA/CAR

E.O. 12958: DECL: 01/13/2016
TAGS: ELAB PGOV TD
SUBJECT: T&T MINISTRY OF LABOR ON OSHA REVISIONS AND
IMPLEMENTATION

REF: 05 PORT OF SPAIN 002160

Classified By: AMB RLAUSTIN FOR REASONS 1.4 (B) AND (D)


1. (SBU) Poloff met with Mr. Devnath Roopnarine, Chief
Inspector of the Occupational Health and Safety Division in
the Ministry of Labor to discuss the implementation of the
Occupational Safety and Health Act (OSHA). Roopnarine
explained that the OSHA has had a long history under three
different Ministers of Labor, pointing out that each minister
has wanted to review the act, delaying its implementation.
By way of example, Roopnarine reported that when the current
Labor Minister, Danny Montano, took the portfolio, he
expressed "personal concerns" over certain phrasing in the
act. Montano has taken a list of proposed amendments to OSHA
to the cabinet for discussion. Montano will then need
Parliamentary approval for the amendments, but is optimistic
that the act will be implemented by March.


2. (C) Roopnarine's assessment of most of the proposed
revisions is that they are "not bad" and simply trade one set
of concerns for another. For example, as written, the OSHA
mandates that periodic inspections take place at set
intervals, regardless of the type of business. Montano would
have the inspection schedule based on risk assessments for
each particular type and place of business. This means that
lower-risk organizations would go longer between inspections,
while companies in high-risk categories would have more
frequent required inspections. One proposal that Roopnarine
is skeptical of involves changing some of the infractions of
the code from criminal violations to placing them under the
rubric of "health and safety violations." This would change
the punishment from jail time to a monetary fine, which, in
Roopnarine's opinion, would not have the deterrent effect of
prison time.


3. (U) Roopnarine also spoke about the bureaucratic changes
that will need to take place once the OSHA is implemented.
The Occupational Health and Safety Division will dramatically
increase its staffing in order to cover some 27,000
workplaces, up from the 3000 they inspect now. Companies
will also be given a phase-in period to come up to compliance
with the act. Inspectors are already issuing advisory
notices to companies informing them of the changes they will
need to make to be in full compliance with the law.


4. (SBU) COMMENT: Until it is finally implemented, the OSHA
is going to continue to be a thorn in Montano's side. The
two umbrella organizations of labor unions, the Federation of
Independent Trade Unions (FITUN) and the National Trade Union
Centre (NATUC),have opened discussions on a nation-wide work
stoppage. As reported reftel, the head of the Oilfield
Workers' Trade Union has expressed readiness to call a strike
over the issue. Though FITUN and NATUC parted ways over
political involvement some years ago, Roopnarine pointed out
that it is very likely they will join forces on this issue,
as it furthers the interests of all workers. If FITUN and
NATUC do join forces, it could mean that the ruling People's
National Movement will need to answer to a united workers'
front as well as the United National Congress when
parliamentary elections are held. END COMMENT.
AUSTIN