-identifies key failures in safety protocols following fatal excavator accident

THE Ministry of Labour’s Occupational Safety and Health (OSH) Department has completed its investigation into the tragic accident that resulted in the death of 19-year-old Heavy-Duty Equipment Operator, Ezekiel Benjamin.
The incident occurred on Tuesday, November 12, 2024, at the BOSAI Mineral Group (Guyana) Inc. East Montgomery mines in Region Ten.
Mr. Benjamin, employed by Mr. Dindyal Sookram and Daughters General Contractor, was operating an XCMG excavator to construct a drainage system designed to channel water to Kara Kara Creek when the accident took place.

Reports indicated that the excavator began sinking and eventually became submerged in the swampy terrain, trapping Mr. Benjamin inside. Nearby operators from BOSAI Minerals Group raised the alarm, and rescue efforts were initiated. Unfortunately, Mr. Benjamin was retrieved and transported to the Mackenzie Hospital Complex, where he was pronounced dead.

In response to the incident, the Ministry of Labour initiated a formal investigation led by Occupational Safety and Health Officer, Mr. Ray Hosannah, as mandated by the Occupational Safety and Health Act, Chapter 99:06 of the Laws of Guyana. The investigation revealed significant non-compliance with several sections of the Act, although it does not address compensation matters.

Key findings from the investigation included: The accident was not reported to the Ministry of Labour, and a register for recording workplace accidents was not maintained; The company lacked an Occupational Safety and Health Policy, as well as a programme for implementing safety and health protocols; there was no designated safety and health representative within the company; Mr. Benjamin operated the excavator in an unstable working environment, leading to the equipment’s overturning and pinning him in the swamp; and Inadequate supervision contributed to the delayed response following the accident, which might have affected the outcome.

The employer failed to provide a safe and secure working environment as required by Section 46 (2) O of the Occupational Safety and Health Act, Chapter 99:06, Laws of Guyana.
Based on these findings, several recommendations have been made to ensure compliance, and the employer has been duly informed of the necessary follow-up actions. The OSH Department is also seeking legal advice from the Ministry’s Attorney-at-Law regarding this matter.
The Minister of Labour, Joseph Hamilton, extended his heartfelt condolences to the grieving relatives, co-workers, and friends of the deceased. He emphasised the critical importance of maintaining good safety and health practices in the workplace to prevent similar incidents that can lead to the tragic loss of life.