The Occupational Safety and Health Authority and Agency (OSHA) has filed a matter against Paria Fuel Trading Company Ltd and Land and Marine and Construction Services (LMCS) in the Industrial Court.
OSHA executive director Carolyn Sancho, in an interview with GML, revealed that the matter was filed on December 13, two weeks after President Christine Kangaloo received the report into the Paria/LMCS tragedy from Commission of Enquiry chairman Jerome KC on November 30th.
Last Friday, Energy Minister Stuart Young laid the document in Parliament.
Among the 52 recommendations in the report were that Paria be charged with corporate manslaughter, and that there was evidence to prosecute Paria’s Operations Head Colin Piper and LMCS owner Kazim Ali Sr individually, and Paria and LMCS as employers, for offences under the OSH Act.
Sancho said, “This matter was filed in the Industrial Court on December 13 by OSHA against LMCS Ltd, Paria Fuel Trading Company et al. Where there is a potential for summary offences we are liaising with the DPP.”
“At the time of writing this report, the OSH Act requires that any such proceedings before the Industrial Court must be filed within two years of the incident becoming known – in other words 24th February 2024,” the report stated.
She told the media house, “As you are aware, the Government has sent matters regarding the CoE report to the DPP, therefore, we would not want to make any statements that may be prejudicial.”
Following the CoE findings on Paria’s conduct, there have been many calls for Paria executives to be fired.
Recommendation 40 of the report stated, “We recommend to the Director of Public Prosecutions that on the evidence before this tribunal we find that there are sufficient grounds to conclude that Paria’s negligence could be characterised as gross negligence and consequently criminal. We do not conclude that the same is true of LMCS as we are of the view that they were effectively prevented from pursuing a rescue by Paria.”
Recommendation 41 stated: “That the DPP consider charging Paria with what is commonly known as Corporate Manslaughter.”