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The Occupational Safety and Health Agency (OSHA) says valid complaints including the NiQuan case and fatal accident at Paria Fuel Trading Company Ltd, were filed within the statutory time frames, and remain active before the court. In a release on September 26, OSHA said it has consistently acted within the law to safeguard prosecutions. It was responding to statements arising out of a recent Privy Council ruling which clarified that safety and health prosecutions must be brought within six months, not two years. The Privy Council’s decision affirmed that Section 93 of the Occupational Safety and Health (OSH) Act governs prosecutions for safety and health offences, while Section 97B applies only to civil proceedings. The agency said in addition to matters filed in the Industrial Court, complaints were also filed in the magistrates’ court under Section 91 of the OSH Act to preserve the agency’s authority to prosecute. “The NiQuan matter was also filed within the statutory six-month period and therefore remains a valid case before the court. “Similarly, OSHA’s complaint filed on December13, 2023, regarding the fatal accident on February 25, 2022, which occurred at Paria Fuel Trading Company Ltd, remains valid, as it was initiated within six months of the Commission of Enquiry’s report (on November 30, 2023), which is provided for under Section 91 (2). “These matters are before the magistrates’ court and are proceeding in accordance with the law.” The agency stressed that the Privy Council ruling guided future cases but does not retroactively invalidate Industrial Court decisions from the past decade. It said legislative reforms are already being advanced through the Ministry of Labour, Small and Micro Enterprise Development, to clarify limitation periods and strengthen the OSH Act’s enforcement framework. Addressing allegations by attorney and Congress of the People (COP) political leader Prakash Ramadhar, OSHA rejected claims of suppression, political interference, or staff departures tied to the Paria investigation. “Allegations linking staff departures to suppression or undue influence are baseless. At no point did the agency act to suppress inquiries or compromise the case.” It further stressed that OSHA has “never experienced or documented interference from any government in its operations. “Since its establishment in 2007, the agency has functioned autonomously under successive Governments, free from political influence.” The agency said its lead investigator, employed since 2007, remains in service, and all staff are appointed transparently under the guidelines of the Chief Personnel Officer. The release also noted that OSHA’s participation in the commission of enquiry into the Paria tragedy, through Senior Counsel Pamela Elder, was full and co-operative. The agency confirmed that four inspectors were now certified to conduct offshore rig inspections after securing funding for specialised training. “OSHA reaffirms its commitment to upholding the highest standards of occupational safety and health, pursuing all valid cases within the statutory time frame, and acting transparently and independently in the interest of all workers and employers,” the agency said. OSHA also declared all statements made by Ramadhar were “baseless and misrepresent the true state of affairs.” The agency said it welcomed any independent review of its operations and remained confident that such scrutiny would affirm its integrity, professionalism, and adherence to the rule of law. At a media conference on September 23, Ramadhar called on the government to look into alleged claims of nepotism and interference in the agency’s operations. He said he was concerned about the Paria and NiQuan investigations. In February 2022, five men were trapped in an underwater pipeline they were servicing for Paria. One of the men, Christopher Boodram, escaped, while the other four men died. A commission of inquiry into the incident concluded the men’s deaths were due to “gross… and consequently criminal” negligence and recommended that charges be laid for corporate manslaughter. In June 2023, an explosion and fire at the NiQuan gas-to-liquids plant in Pointe-a-Pierre resulted in the death of Massy Energy pipe-fitter Allanlane Ramkissoon. A subsequent report, which was only released after a court ruling, said the accident was linked to systemic failures, including inadequate supervision and poor safety systems. Ramadhar said the operations at OSHA are “in a terrible mess” as he claimed to have received documentation from people working with the agency to support his comments. “I’m calling for an investigation into OSHA by those who have a responsibility to oversee it, whether there’s a new board or ministerial level.” He claimed efforts by the investigator in the Paria diving tragedy to complete the probe within six months were frustrated. Ramadhar alleged the NiQuan investigation was similar. “This is such a grave issue that we cannot allow for the suspicions or for the uncertainty about the integrity of OSHA to be in question.”
