THE Labour Unit of the Occupational Safety and Health (OS&H) Department has recommended compensation to the estate of murdered Sophia security guard, Gerald Henry, 64, and sanctioning of his employers for failing to report his death to the relevant labour authorities.

Henry, who was performing guard duties on behalf of Sentinel Security Incorporated (COPS), was killed in a botched robbery at the Good-Luck Supermarket in Dennis Street, Sophia, on June 30, 2017.

An investigation found that Henry was killed while operating on behalf of his employer and that his death could not only be classified as a murder, but also an industrial accident.

According to a report from the investigation, his employer (Sentinel) failed to report the accident as prescribed by the Occupational Safety and Health (OS&H) Act .

“The least that they could have done was report the accident as prescribed by Cap 99:10. The matter of compensation is to be pursued by Henry’s estate and addressed by the employers and the NIS,” the report said, adding “… the management of the Sentinel should be sanctioned for not reporting the accident in the prescribed manner and time.”

In its recommendations, the Labour Department found that first aid facilities were not located on the business premises where Henry worked, and recommended that the need exists for safety measures at workplaces as required by the Occupational Safety & Health Act Cap 99:10 part V (Duties of the employer, Workers and other persons) section 46, subsection 2 (0).

The Labour Department said most accidents are easily identified and classified immediately, but others can be more complex.

The report said the accident in question which resulted in a fatality, in the opinion of some individuals, should not be classified as an industrial accident given the fact that the death resulted from a robbery.
It said based on the definition of what an industrial accident is and advice from former Attorney General and Minister of Justice, Mohamed Shahabudeen, the security guard’s murder “…ought to be classified as an industrial accident and investigated as such”.

The report also said that NIS and Henry’s employers must also treat the matter as an industrial accident.

The Labour Department also put forward the case of Martin Fraser, who was a watchman also performing guard duties at Regent Street. It was while doing so that an unknown man walked up to Fraser and fatally stabbed him before walking away.

A claim by Fraser’s wife to the NIS for industrial death benefit was denied, but when advice had been sought from the attorney general, it was found that the watchman had suffered during the course of his employment and that the accident arose from his job.

“The facts in that case are somewhat similar to the facts in the case under focus and while each case will be decided on its own facts, the facts in the Martin Fraser’s case and those in the Gerald Henry’s are too similar for different conclusions to be drawn,” the Labour Department said.

In Henry’s case, the Sentinel has an insurance policy which covers all its employees and the deceased’s estate should be benefitting from it.

The Labour Department is currently investigating five other work-related deaths and incidents.