anika.gumbs@guardian.co.tt
A breach of the law continues at the Occupational Safety and Health Authority (Osha) even as the Ministry of Labour moved to revoke the $50,000 expenditure limit granted to the agency's chief executive director Anthony Joseph, who was originally hired as a $65,000-a-month administrative consultant.
By an e-mail dated September 8, the Sunday Guardian learned, permanent secretary Carl Francis instructed that all expenditure must be directed to the ministry for approval with immediate effect. The move comes two months after the Sunday Guardian reported exclusively that Joseph had no authority to grant such approval, as his job title does not appear on the approved organisational chart. The position of chief executive director does not exist on the chart.
But as the ministry took steps to correct the error, an illegal move to vary contracts at the agency over the last week has raised questions. By letters dated September 7-10, the contracts of safety and health inspectors I and II were varied. Copies of the memos which were obtained revealed that with immediate effect the contracts of some of the safety and health inspectors were varied to "interim leaders," while others were reassigned to special projects for a period of six months.
Two inspectors were assigned to the Laventille/San Juan Regional Corporation and the Couva/Talparo Regional Corporation. The memos were sent from the chief inspector Gaekward Ramoutar and copied to Joseph. However, the relevant approval from the administration and organisation committee and ratification by Osha was not submitted.
Section G of the guidelines for contract employment states: "As a general rule a contract employee must not be placed to act in another contract position. The terms and conditions for a contract position are determined, taking into account the nature of the duties, the scope of responsibilities and the experience and training requirement of the position involved.
"Thus the assignment of different duties/ responsibilities to the person engaged amounts to an inappropriate variation of the person's contract. "Accordingly, a person employed in a specific contract position, having satisfied the particular criteria for that position, shall not be assigned to perform the duties other than those of the position in which he is employed."
An employee commented: "The process was not transparent at all and is not in compliance with the chief personnel officer's instructions. It is time for the line minister to intervene and correct the wrong that is taking place." Joseph and Labour Minister Errol Mc Leod could not be reached for comment on Friday, as telephone calls to them went unanswered.