Occupational Safety & Health (Part V)
The third segment of PART IV concluded last Sunday, June 12, 2011.  That presentation ended with a look at Article 70 (5) of the Occupational Safety and Health Act of 1997.  Today, I’d like to begin PART V by looking at Article 71(2), which deals with the topic: INQUEST IN CASE OF DEATH BY ACCIDENT OR OCCUPATIONAL DISEASE.

ACCORDING to 71 (2) of the OSH Act of 1997, where a coroner holds an inquest on the body of any person whose death may have been caused by an accident or a disease of which notice is required by this Act to be given, the coroner shall adjourn the inquest unless the Authority, or some person authorised on behalf of the Authority, is present to watch the proceedings, and shall, at least four days before holding the adjourned inquest, send to the Authority notice in writing of the time and place of holding the adjourned inquest, provided that:
(a) the coroner, before the adjournment, may take evidence to identify the body, and may order the interment thereof; and

(b) if the inquest relates to the death of not more than one person, and the coroner has sent to the Authority notice of the time and place of holding the inquest at such time as to reach the Authority not less than 24 hours before the time of holding the inquest, it shall not be imperative on him to adjourn the inquest in pursuance of this section, if the majority of the jury think it is unnecessary so to adjourn.
The following provisions shall have effect with respect to any such inquest as aforesaid:
(a) no person having a personal interest in, or employed in or about or in the management of the place of employment in or about which the accident or disease occurred or was contracted, shall be qualified to serve on the jury empanelled on the inquest; it shall be the duty of the coroner or other officer not to summon any person disqualified under this provision, and it shall be the duty of the coroner not to allow any such person to be sworn or to sit on the jury;

(b) the following persons shall, subject to the power of the coroner to disallow any question which in his opinion is not relevant or is otherwise not a proper question, be entitled to examine any witness either in person or by counsel, solicitor or agent, that is to say:
(i) any inspector;
(ii) any relation of the person in which of whose death the inquest is being held;
(iii) the occupier of the place of employment in which the accident or disease occurred or was contracted;
(iv) the employer of the deceased;
(v) any person appointed by the Order in writing of the majority of the persons employed in the place of employment in which the accident or disease occurred or was contracted;
(vi) any person appointed in writing by any trade union, friendly society or other association of persons to which the deceased at the time of his death belonged or to which any person employed in the place of employment in which the accident or disease occurred or was contracted belongs;
(vii) any association of employers of which the said employer is a member.
71 (3): Where at any such inquest at which the Authority is not present, evidence of any neglect as having caused or contributed to the accident or disease, or of any defect in or about the place of employment appearing to the coroner to require a remedy, the coroner shall send to the Authority notice in writing of the neglect or defect.

71 (4): The provisions of this section shall be in addition to, and not in [Cap. 4:03] derogation of, the provisions of the Coroners Act.

Power of Minister to direct formal investigation
of accidents and cases of occupational disease

The Act, 72 (1) says that: The Minister may, where he considers it expedient so to do, direct a formal investigation to be held into any accident arising out of, and in the course of employment of any worker or case of occupational disease contracted or suspected to have been contracted in the course of employment of any worker, and of its causes and circumstances, and with respect to any such investigation the following provisions shall have effect:

(a) the Minister may appoint a competent person to hold the investigation and may appoint any person possessing legal or special knowledge to act as an assessor in holding the investigation;

(b) the person or persons so appointed (hereafter in this section referred to as ‘the Court’) shall hold the investigation in open court in such manner, and under such conditions as the court may think most effectual for ascertaining the causes and circumstances of the accident or case of occupational disease, and for enabling the court to make the report in this section mentioned;

(c) the court shall have for the purposes of the investigation all the powers of a court of summary jurisdiction under the Summary Jurisdiction Acts and, in addition power:
(i) to enter and inspect or to authorise any person to inspect any place or building the entry or inspection whereof appears to the court requisite for the said purpose;
(ii) by summons signed by the court to require the attendance of all such persons as it thinks fit to call before it and examine for the said purposes, and to require answers or returns to such inquiry as it thinks fit to make;
(iii) to require the production of all books, papers, and documents which it considers relevant;
(iv) to administer an oath and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination;
(d) persons attending as witnesses before the court shall be allowed such expenses as would be allowed to witnesses attending before the High Court in its civil jurisdiction, and in the case of dispute as to the amount to be allowed the same shall be referred by the court to the Registrar of the Supreme Court, who on request signed by the court shall ascertain and certify the proper amount of the expenses;

(e) the court shall make a report to the minister stating the cause and circumstances of the accident or case of occupational disease and adding any observations which the court thinks right to make;

(f) the court may require the expenses incurred in and about an investigation under this section (including the remuneration of any persons to act as assessors) to be paid in whole or part by any person summoned before it who appears to the court to be, by reason of any act or default of his part or on the part of any servant or agent of him, responsible in any degree for the occurrence of the accident or case of occupational disease, but any such expenses not required to be so paid shall be deemed to be part of the expenses of the Authority in the administration of this Part;

(g) if any person without reasonable excuse (proof whereof shall lie on him) either fails.  After having had the expenses (if any) to which he is entitled tendered to him, to comply with any summons or requisition of a court holding an investigation under this section, or prevents or impedes the court in the execution of its duty, he shall be liable on summary conviction to a fine of $5,000.00(five thousand dollars) and in the case of a failure to comply with a requisition for making any return or producing any document he shall be liable on summary conviction to a fine of $500.00(five hundred dollars) for every day on which such failure continues;

(h) the expenses of the Authority in the execution of the provisions of this section shall be defrayed out of monies provided by Parliament;

(i) if any witness objects to answer any question or to produce any document on the ground that it may tend to incriminate him, or on any other lawful ground, he shall not be required to answer such question or to produce such document nor shall he be liable to any penalty in respect of such refusal.
72 (2): The Minister may cause the report of the court to be made public at such time and in such manner as he thinks fit.

*The writer is the former General Secretary of the Clerical & Commercial Workers’ Union (CCWU) and also a former President of the Federation of Independent Trade Unions of Guyana (FITUG) and a former Vice President of the Guyana Trades Union Congress (GTUC). He served the Caribbean Congress of Labour (CCL) as Research Officer 1983 – 1998.