Lambert Brown, Guest ColumnistImagine your spouse leaving home for work one day. He or she is full of energy, with anticipation of returning home at the end of work for a happy reunion. Unfortunately later in the day you receive the sad news that there was a terrible and fatal accident at your spouse's work place. Your spouse was the unlucky one who died. How would you feel?
Distraught, sad, hopeless and most likely penniless if the deceased was the breadwinner for the family, are some of the likely responses. Now spare a thought for the family of 40-year-old mason Linwall Mitchell of Spanish Town. They are faced with the mournful reality that he will never come back home for a happy reunion or a last hug, kiss and goodbye. He was the worker recently crushed to death at that infamous hotel being built at Pear Tree Bottom in St Ann.
What is the value that we place on the life of Linwall and other such workers in Jamaica? I submit - very little, certainly much less than that which we are prepared to pay for the reputation of others. This iniquitous situation needs to be corrected with maximum speed. Our Parliament needs urgently to step in and correct this evil by ensuring that we put a premium on the life of our Jamaican citizens. If our courts can value mere reputations at $80 million then the life of the worker, your spouse, should no longer be worth the pittance it is now.
Libel case
Think also of a recent case where the Supreme Court of Jamaica awarded a policeman a sum of over $20 million for libel committed by a media house. God forbid, but if the unfortunate policeman, like so many of his colleagues, was murdered in the line of duty what would be the value on his life? He would have received a mere four million from his employer as death benefit. Examine the contrast! His bruised reputation is more valuable than his extinguished life in the eyes of our society. While I have no problem with paying large sum for malicious and careless action against the good reputation of our citizens, the value of a worker's life should be on a higher level. Reputations can be repaired, death is final and can be devastating on those left behind.
fatal accidents
The record will show that since the year 2000, there have been at least 25 fatal accidents at workplaces in Jamaica. This does not include policemen, soldiers or correctional officers killed while at work - in the line of duty. At least 25 families, in the last six years have faced devastation, mourned, and maybe had the funeral expenses of their loved ones paid by the employer. The majority of workers in Jamaica have no contractual arrangement providing group life insurance in the event of injury or fatality on the job. This situation needs to be changed with dispatch. I challenge the Senators and Members of Parliament with a trade union background to come together, across party lines and expeditiously initiate legislating of a new and modern Occupational Health and Safety Law. This new law should have provision for proper, fair and adequate compensation of workers injured or killed in workplace accidents.
The current law that deals with work place safety is the Factories Act. This law was passed 83 years ago in 1943 before poor people gained the right to vote in Jamaica. Yes, there have been a few amendments since; however such a law must not continue to be the basis for the protection of our workers in the 21st century. It is outdated and action is demanded now to save more families from the distress and impoverishment caused by that the loss of a breadwinner in a workplace accident. Currently, the estate of a sugar worker killed in a workplace accident will receive only $100,000 in insurance. What a shame! And this is only so because of trade union representation. Not even enough for a pauper's funeral, despite his immense contribution to the national economy over the years. The law now requires that a security guard be insured for not less than $1.2 million. Still inadequate, but could be worse without the foresight and bold initiative of the current Prime Minister Portia Simpson Miller when she was the Minister of Labour.
The Minister of Labour must become a crusader for the protection of workers and fairness at the workplace. Minister Derrick Kellier, fresh from his recent visit to the International Labour Conference in Geneva, is in a unique and pivotal position to do something positive to facilitate and lead the change to protect our workers and their families. He was present in Geneva when discussions leading to two new international conventions on subjects relevant to the status of workers and accidents at the workplace took place. Every Jamaican should support the necessary reforms to our outdated labour law on safety at the work place. The next victim could be you, your spouse, some other relative, co-worker, neighbour or friend.
Uncertainty
Much work has already been done in the Ministry of Labour, with the generous help of the International Labour Organisation in drafting a new Occupational Health and Safety Law. It has lingered in the corridor of uncertainty at the Ministry of Labour for over ten years. This is too long a time to be sitting and doing nothing, while workers are dying unprotected around us. Abort the "labour pains", move to the operating theatre of Parliament and deliver workplace justice now. Let there be a grand bi-partisan coalition to get the new Occupational Health and Safety Act fast-tracked before the end of this year. That would add value to the life of our workers. Let it be our tribute to all workers who have served this country with diligence, added to our prosperity and who have paid the ultimate sacrifice in the interest of our nation.
Lambert Brown is president of the University and Allied Workers Union and can be contacted at Labpoyh@yahoo.com.
