radhica.sookraj@guardian.co.tt
The Occupational Safety and Health Agency (OSHA) has issued prohibition notices against Paria Fuel Trading Company Limited and LMCS Limited barring subsea maintenance works and diving operations by both companies.
In a release last night, OSHA said pursuant to the Prohibition Notice, Paria must stop all subsea maintenance works with immediate effect until the existing danger is removed and it has complied with the OSH Act and an approved standard.
Likewise, it said all diving operations by LMCS Limited have also been prohibited with immediate effect until the existing danger identified in the notice is removed and it (LMCS) has complied with the OSH Act and an approved standard.
It said Section 74(1) of the Occupational Safety and Health Act Chap. 88:08 confers upon OSHA powers to “prohibit or restrict the use of any premises or part thereof or thing in the industrial establishment until the existing danger has been removed” or the act has been complied with. It noted that it is the public authority in Trinidad and Tobago vested with powers to inspect, investigate and prosecute where necessary, OSH-related accidents.
The agency noted that it is in the process of investigating the fatal accident at Paria on February 25 where divers Rishi Nagassar, Kazim Ali Jr, Yusuf Henry and Fyzal Kurban were killed.
It extended sympathies to the families, friends and associates of the deceased and said it will continue to do all within its power to secure the safety and health of employees in T&T.
Meanwhile, Paria Fuel says it cannot comment on a 12-minute video that shows for the first time what rescuers would have encountered had they entered the No. 36 sealine at its Pointe-a-Pierre facility where the divers were killed.
Since the video was aired by CNC3 News, there have been mixed views from some citizens, some of whom say the video was meant to sway public opinion in Paria’s favour.
The company had been widely condemned for its refusal to allow other divers into the pipeline after the four men disappeared into a vortex.
Contacted yesterday on the contents of the video, however, the company said it cannot respond to questions as there is an ongoing OSHA investigation.
It said the formal establishment of a Commission of Enquiry and the initiation of civil litigation also prevents further comment. The company said it will “address all questions and issues arising out of the incident in due course.”
LMCS, the contractor hired to do the underwater maintenance works, issued a statement this week claiming it was barred by Paria from conducting a rescue mission.
“Our singular aim was the rescue of our employees. We not only had the manpower and personnel to carry out their rescue, but we provided Paria with the methodology to execute the rescue. At all material times, we were prevented from executing this rescue by Paria and the Trinidad and Tobago Coast Guard. We were not given the chance to save the lives of our employees,” LMCS said.
However, Paria subsequently denied LMCS’ allegations and in a counterclaim said, “It was determined by Paria – and supported by the Coast Guard, the OSH Agency, and external experts – that it was too dangerous for anyone to proceed further into the pipeline without posing a significant risk to life.”
The company explained that a vertical drop from the hyperbaric chamber to the seabed is approximately 60 feet within a 30-inch diameter pipe.
It said video footage from a remotely operated camera sent down into the pipeline showed that at approximately 80 feet, tanks were wedged against the wall of the pipeline as it ran along the seabed, creating an obstruction.
On Thursday, Energy Minister Stuart Young revealed that the Commission of Enquiry will consist of Justice Cecil Dennis Morrison (OJ, CD, QC), sub-sea specialist Gregory Wilson, with the third member coming from a specialist international investigative firm, who will have experience in conducting investigations into accidents and incidents in large industrial settings, especially in oil and gas.
Former attorney general Ramesh Lawrence Maharaj will be the lead legal counsel. The commission has been given six months to produce its findings.
Under the Commission of Enquiry Act, the commission has the right to call for witnesses, documents, subpoena witnesses and make recommendations not only limited to culpability but also to make strong recommendations on what should be done to avoid a further occurrence of the incident.
