Labour Ministry’s OSH Dept. not working effectively – AG Report  

Dec 24, 2023 News

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Kaieteur News – A Performance Audit conducted on the Ministry of Labour’s Occupational Safety and Health (OSH) Department has found that the inspection processes are not working effectively.

This is according to Auditor General (AG), Deodat Sharma. The AG noted that the ministry’s OSH Department is responsible for protecting workers’ safety and health in Guyana by inspecting workplaces for safety and health requirements to reduce workplace accidents and fatalities.

A performance audit was conducted for the period January 2021 to December 2022, to determine whether the Labour Ministry implemented effective Occupational Safety and Health inspection processes to ensure that obligated employers are protecting the safety and health of workers.

For the revised period, the AG Report states that the ministry recorded 337 accidents and 27 fatalities in 2021, and 655 accidents during 2022, which included 20 deaths.

Having carried out an audit on the performance of the department for the reviewed period, Sharma revealed in the report that, “The Ministry’s OSH inspection processes are not working effectively. We found weaknesses at each stage of the inspection process, from registering new businesses to following up on recommendations made to correct unsafe working conditions. Collectively, the weaknesses increase the possibility that employers are not protecting the safety and health of workers.”

He went onto share that many unregistered workplaces remain unidentified. It was highlighted that the department’s primary responsibility under the OSH Act is to register and regulate workplaces to protect the safety and health of workers. A workplace is required to be registered within 30 days after the workplace commences to operate.

The AG in his audit revealed that the Labour Ministry did not collaborate with other Government agencies to promptly identify new workplaces and enforce registration. He added that a comparison of the Deeds and Commercial Registries Authority registrations with the Department’s registrations revealed that over 99% of new workplaces were not registered.

In some of its responses to the AG, the Department mentioned that it does not have outstations that are set up to facilitate the registration process which includes the collection of Government revenue. Against this backdrop, it is difficult to easily access business owners and employers in remote areas. Additionally, the Department said it is unable to properly carry out its functions due to a lack of resources.

The AG said that awareness of new workplaces will enable inspectors to monitor workplaces in high-risk sectors on a proactive basis.

In another finding, the AG noted that there was a lack of a comprehensive inspection plan. He said that there was no evidence that the OSH Department had properly planned inspections and allocated available resources, especially in the high-risk sector. As a result, the Department could not utilize its resources efficiently and effectively to carry out preventative inspections at workplaces.

The Auditor General noted that apart from that, what the auditors found is that workplaces were not adequately inspected, and that inspections carried out were partially effective.

The report detailed that inspectors did not perform important tests that can affect workers safety and health, such as, air quality, noise and radiation levels. The tests should be performed at workplaces regarding construction, manufacturing, service (hospitals, schools, restaurants). It was highlighted that there was little or no equipment available to undertake specific testing by the Department, such as tests of the workplace environment for contaminants and hazards. The tests conducted usually include surveys on noise levels, vibration levels, and water quality.

In its response to this, the Department admitted that indeed, the unit requires more tools and equipment. It was only this year that steps were taken to equip each inspector with a kit to carry out various tests, the Department stated.

Lastly, the AG found that the OSH Department has no system to monitor follow-up inspections. Follow-up of inspections is ineffective since progress made by employers to implement inspectors’ recommendations was not monitored, and penalties for violations were not enforced.

In his document, the AG revealed that an “Annual Plan for Preventative Activities” was presented for both years however, the plans lacked key details. Specific follow-up and enforcement activities , and the associated costs were not included in the plan.

It was made clear that follow-up inspections are required to ensure that owners and employers implement inspector’s recommendations to effectively address previously identified hazards. The purpose is to protect the health and well-being of employees.

According to the Auditor General, the audit sought to verify the total number of follow-up inspections carried out during the years audited. However, the Department did not present documentary evidence to show the number of follow-up inspections conducted during the years audited.

The OSH Department in its response to those findings, noted that follow-up inspections are usually done from time to time and in most instances. The department added that there is a high level of compliance with the recommendations made according to the reports from the officers. “However, it is recognized that there is need for improvement with regards to the record keeping and this will be addressed with an improvement of the staffing situation,” the Department related.

Having found that the OSH Department is not effectively executing its inspection processes, the Audit Office made thirteen recommendations to the Ministry for improvements to the inspection process in place.

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• Audit, Auditor General (AG), department, Ministry of Labour, Occupational Safety and Health (OSH)

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