MINISTER CHAUMIERE ON HEALTH AND SAFETY TO THE CONSTRUCTION INDUSTRY DEVELOPMENT BOARD

It is my honour and privilege to be present this morning on the occasion of the launching of this workshop on Safety and Health in the construction industry organised by the Construction Industry Development Board in collaboration with the Ministry of Public Infrastructure, Land Transport and Shipping.
I am informed that the aim of this workshop is to sensitize the consultants and contractors of the construction industry about the need to promote a healthy and safe working environment on construction sites.
At the outset, I would like to thank and congratulate the Construction Industry Development Board for their laudable initiative in organising such an important workshop at this opportune time when we have unfortunately witnessed a number of fatal accidents in the sector recently.
The construction industry is indeed one of the booming sectors of the economy with a significant workforce. However the construction industry has certain characteristics which distinguish it from other industries. These are: -
 the high proportion of small firms and of self-employed workers;
 the variety and comparatively short life of construction sites;
 the high turnover of workers;
 the large numbers of seasonal workers who may be unfamiliar with construction processes and practices;
 exposure to the weather; and
 the many different trades and occupations.
Given the nature of the activities prevailing in the sector, it is evident that significant risks may exist and if safety measures are not taken, serious injuries may be sustained and in certain cases can even be fatal. It is therefore imperative that every stakeholder, be it employer, worker, engineer, safety and health officer, contractor or consultant should take all appropriate and adequate measures to ensure that all risks are controlled and that the works are performed safely and safety and health norms are observed on site of work. Safety and health is the concern of everybody and it is only through our concerted efforts that we can achieve high standards of safety and health in the sector.
Over the past years we have seen the emergence of many high-rise buildings being constructed vertically, thus increasing the risks to the safety and health of workers in that sector. Working at height is indeed dangerous as falls of persons from a height and falls of materials and objects, represent some of the serious hazards. Of late, a high proportion of accident in this sector has been caused by falls from heights, falling of materials and contact with overhead electricity lines.
Working at height is a common feature nowadays and I would like here to point out that in this regard suitable and safe scaffold is of prime importance. In fact part 19 of the Health, Safety and Welfare Regulations, 1980 regarding buildings and excavation works require every building work to be undertaken under the general supervision of a competent person. No builder can ask a person to perform any work in an elevated position unless such work can be performed safely from a ladder or a scaffold. The law also imposes amongst others the duty on the builder to cause every scaffold to be:-
 securely and effectively braced to ensure stability;
 secured at suitable intervals;
 inspected by a competent person at regular intervals and after bad weather; and
 provided with a safe access.

Other hazardous activities which require serious consideration from all stakeholders from the safety and health point of view include working in deep excavations, roof work, working near void spaces, erection of scaffolds, demolition work, operation of mechanical equipment and working close to overhead electrical cables.
The Occupational Safety and Health Act 2005 clearly stipulates the responsibility of employers. Under Section 5 (1) of OSHA 2005 the employer has a duty, so far as is reasonably practicable, to ensure the safety, health and welfare of his employees. The employer has to comply with specific duties which include amongst others: -
(i) the need for a written safety and health policy, where 50 or more employees are employed; and
(ii) the need for periodic risk assessment.
The Act 2005 also requires every employer to provide adequate safety and health information, instruction and training to its employees: -
(i) on being recruited into the employers’ undertaking;
(ii) on being exposed to new or increased risks as a result of a transfer or change of responsibility; and
(iii) on the introduction of new plant or a change relating to any process already in use within the place of work.
Good management of construction projects is essential from concept through to design, construction, use, and eventual demolition to ensure that safety and health standards are being complied with. Poor management of the design or construction process is a prime cause of most of the deaths, injuries, and illnesses in the construction industry. Most serious accidents can be avoided by good design, good planning, and the use of tried and tested techniques for building safely. Actions taken at an early stage of the design process have a significant potential to reduce the level of risk on construction projects. Good co-ordination of activities and co-operation between all parties during design and construction is essential in reducing the high levels of risks found on many construction projects.
On this note, I wish all the participants fruitful interaction during the workshop and I have no doubt that they will make the most out of it.
Let me take this opportunity to make an earnest appeal to all consultants and contractors in the Construction Industry to place occupational safety and health high on their agenda and to take all necessary measures to ensure that all works are carried out in a safe manner.

JEAN FRANCOIS CHAUMIERE ON THE BUDGET - TUESDAY 24 NOVEMBER 2009

Let me, at the very outset, congratulate the Hon. Vice-Prime Minister and Minister of Finance, for this Budget which will remain as a major landmark as it aligns the fiscal year with the calendar year – thus breaking away from a tradition which was reminiscent of the colonial days.
This budget, Mr. Speaker, Sir, aims at placing people, especially the poor and the under-privileged, at the centre of development against the backdrop of global economic recovery. It is a budget that is fair and responsible, and the Minister of Finance has been able to reconcile the expectations of the population, the workers as well as the business community. Everybody has his share of the cake. He has been able to reconcile once again the economic exigencies to our social objectives.
I have listened with much interest to the interventions of Honourable members of the opposition. I am, as always, much disappointed with their comments, because they are simply not convincing at all. Our colleagues from the opposition are finding some difficulties not only in identifying any weaknesses in this budget, but in making concrete proposals or suggesting alternative measures. Why? Simply, because one cannot be more ‘royaliste que le Roi’. How can one criticizes this budget, when the majority of Trade Unions, workers and representatives of Force-Vives and NGOs acclaim most of the measures proposed by the Minister of Finance in the most positive and satisfactory terms.
When we come up with bold and courageous measures, the budget is branded as ‘a budget dominaire’ by our friends from the opposition. And now that we attempt to share equitably the national income following economic recovery, among the most vulnerable and the working class, the budget is criticized as being a ‘Budget electoraliste’. Which is which, Mr. Speaker, Sir. Let us be serious. The situation even if we are economically more comfortable than before, it still calls for serious actions, and less rhetorics, or at least constructive criticism on the part of our colleagues from the opposition. Mais surtout pas de la démagogie.
The 2010 National Budget has come up with concrete and practical measures in order to better the quality of life of each and every Mauritian citizen. It fully and ably addresses the three main priorities of the government, namely in: (a) shaping recovery to accelerate job creation while maintaining employment, (b) in consolidating social protection and progress to embed inclusive growth and (c) in sustaining a green Mauritius in order to mitigate the impact of climate change.
Most of the economic and social indicators have shown that this government was always right in coming up with enabling and bold measures in time through successive budgets since we took office in 2005. We have been able not only to address the serious and catastrophic economic situation we had inherited, but we have also been able to mitigate the impact of the world economic and financial crisis with some success.
In the face of the world’s most severe economic and financial crisis, if Mauritius has managed to come out relatively unscathed, it is certainly thanks to these bold, pragmatic, and timely measures initiated by this government.
The national budget 2010 provides comfort, not only to the business community, but to the population at large and to the ‘small people’ in particular.
As a caring government, in order to protect the population, and particularly the vulnerable, the Budget has proposed a series of social measures. For examples, just to mention a few, namely:

 developing national programmes on housing, women empowerment, sports & others through the National Empowerment Foundation;

 increase of the monthly income ceiling for full payment of SC/HSC examination fees from Rs7,500 to Rs8,500;

 extension of social aid to beneficiaries of Basic Invalids and Widows Pensions and child allowance in respect of children whose parents are recipients of social aid, and increase of old age pensions;

 refund of taxi fares for university students with disabilities; and

 expansion of the eradication of Absolute Poverty Programme to ensure that all pre-primary age children from poor families attend school.

The Minister of Finance must be congratulated for not forgetting all those who are struggling to have a house of their own. Through this Budget, we wish to fulfill the dreams of those still unfortunate ones by strengthening our social house programmes in line with our objective of providing ‘un toit pour chaque famille’. In this regard, the budget is providing for the setting-up of a low-cost housing programme on 1,000 arpents of land on 20 sites. The income threshold for government sponsored loans at the MHC has been increased from Rs8,500 to Rs10,000, thus increasing the number of beneficiaries. The upper limit for the sites and services scheme has also been increased fromRs12,000 to Rs16,000.

This budget rightly provides for spending and investing in vital sectors that also symbolize our welfare state, namely Education, Health and Social Security. These are core sectors on which depend the future of Mauritius through an educated, healthy and socially secured population.

Thanks to the subsequent budgets presented by my colleague, Dr. Sithanen, we have successfully mitigated the impact of not only the catastrophic economic situation we inherited in 2005, but also of the triple shocks as well as of the recent world economic and financial crisis. On top of that, we have not only been able to maintain and sustain the welfare state conceptualized by the Father of the Nation, but we have further strengthened the concept of welfare state so that the most vulnerable and the most deserving get maximum benefits.

These are the very fundamentals of the ideals of the Labour Party to which my friend Hon. Nando Bodha was referring. Even during the worst economic and financial scenario, this government will never to away with the welfare state. We shall never sacrifice the very ideals of the welfare state under any conditions. As a caring government, we shall always strive to further consolidate the welfare state by providing adequate social protection, free social security, free education and free health services to our citizens.

Our social achievements are many, Mr. Speaker, Sir. By way of examples, let me just mention a very few:-


 Free bus transport for over 120,000 senior citizens.
 Free bus transport for some 280,000 students.
 Restoring universal old age pension.
 Full payment of SC and HSC examination fees for some 9,000 students from families with modest income.
 Doubling the subsidy on flour and cooking gas, while maintaining subsidy on rice. En passant, this reminds me of 1982, when the then government took a decision to remove subsidies on our staple food namely on rice and flour.

 Giving financial support to help pig breeders recover from the impact of the swine fever epidemic.
 Low cost Housing Schemes.
 Granting 4,400 fishermen shares in the Fishermen Investment Trust.
 Providing Rs1 billion to support small planters for derocking, irrigation and land preparation.

These are practical examples of what we understand by ‘Putting People First’, Mr. Speaker, Sir.

‘Putting People First’ is not merely a slogan of the present government, but rather it also reflects our sincere commitment to the ideals and goals of the Labour Party. Today, we have every reason to be proud particularly whenever Mauritius is cited in international Forums for its remarkable achievements. It is not for nothing that Mauritius is among a very few countries in the African Continent placed among the High Human Development Countries in the 2009 UNDP Human Development Report, and is given a ‘honourable’ ranking in the Human Development Index.
It is a known fact that the best way to protect our people is to provide them with jobs. Contrary to what is happening world wide, be it in the USA, in Europe, in emerging economies like China and India, we in Mauritius, we are not only protecting jobs, but also creating jobs. For the year 2008 alone, we have been able to create more than 19,500 jobs. Much more than what the previous government created during 5 years when the international economic situation was relatively better than what it is today.
The unemployment rate has been continuously going down since we assumed office. The rate which was 9.6% has now reached a rate of less than 8%. During the past 4½ years, we have been able to reverse the rising trend.
I have noted that various opposition members, of whom Hon. Nando Bodha, has in his intervention repeated what he said in his observation last year relating to the new labour laws contributing to job losses. I will reiterate my comments on the observations made for the benefit of my colleagues on the other side of the floor and in particular to Hon. Bodha.
Job losses during the period 2001 to 2005 were as follows:-

2001 8,788
2002 7,957
2003 14,663
2004 16,100
2005 10,085

These bring a total of more than 57,500 workers who were laid off in the EPZ Sector alone during the years 2001 to 2005. The new labour laws came into effect on 2nd February, this year. And we are talking of more than 57,500 job losses in the EPZ sector alone at the time of the previous law – the Labour Act.
Contrary to those years where no immediate protection was available for laid-off workers, today workers under similar situation are better protected under the new labour law, particularly the Employment Rights Act.

We have, for example the Workfare Programme under the Employment Rights Act which has the merit of ensuring a means of immediate subsistence – a maximum of Rs10,095 and a minimum of Rs3,000 for a maximum period of 12 months to all laid-off workers. Unlike the situation prevailing under the previous laws – the Labour Act – where many workers did not receive any compensation on the closure of enterprises, the Workfare Programme guarantees a Transition Unemployment Benefit. This programme, in fact, maintains a contact between the laid-off worker and my Ministry until he is placed in a job, retrained/reskilled through the IVTB or is assisted through the SEHDA to set up a small business of his own. The Workfare Programme also ensures payment of the laid-off workers’ contribution to the NPF on his behalf for a maximum of 12 months. This is indeed a revolutionary scheme which has also been commended by the ILO.
Since the coming into operation of the new Labour Legislation in February this year, some 1700 laid-off workers have been admitted to the Workfare Programme and an amount of Rs43.5 million has been paid to the workers as Transition Unemployment Benefit. Had there not been the workfare programme, these laid-off workers would have to wait until their cases were determined by the Industrial Court and even then there would have been no guarantee of any payment especially in cases of liquidation.
Let me reassure the House that contrary to what opposition MPs had stated, the new labour legislation gives better protection to workers against termination of employment and in no way facilitates firing. Even in disciplinary cases employers still have the obligation to give the worker a proper hearing. Besides, all cases of unjustified termination of employment are duly investigated by my Ministry and bona-fide cases are lodged before the Industrial Court for adjudication.
There has also many comments regarding the role of the National Pay Council in relation to the grant of salary compensation announced in the budget. As members are aware, that as from the year 2007, the National Pay Council meets in May to make recommendation to government on the quantum of salary compensation to be paid to workers. The NPC functions in all independence.
For this exceptional circumstances, arising out of the transitional period required to concide the Financial Year with the Calendar Year government had to come with a policy decision regarding the payment of a salary compensation to workers. This does not in any way undermine the very existence of the National Pay Council.
Furthermore, this budget provides for massive investment in public infrastructure, without forgetting to give the necessary ‘encadrement’ to other as important sectors as Fisheries, Housing, Construction, SME’s, Tourism and ICT, just to name a few.
I am happy to note that the Minister of Finance has given due consideration in this budget to the SME Sector as well by providing several additional measures. The SME Sector, according to the Minister of Finance, has been the main source of employment creation during the crisis.
Mr. Speaker, Sir, as this House is aware, the government, since it took office in 2005, has attached high priority to the development of SMEs, which now amounts to around 100,000 enterprises and employs some 45% of the workforce. We believe that SMEs are socially and economically important because they are one of the main driving forces behind economic growth.
They are indeed playing a major role in the recovery of employment levels, as well as in addressing unemployment problems and poverty alleviation objectives.
In order to boost up this sector, the government, has, over the years continuously been taking an array of budgetary, institutional and legal measures. In the last budget, particularly in the context of the international economic crisis and also with a view not only to creating jobs, but also to saving and preserving employment, a series of measures were announced and are presently being implemented –with regard to giving SMEs all the support this sector requires.
The SMEs sector is called upon to play major role in generating employment opportunities for thousands of people in the economy. It will also be a major avenue to absorb new entrants on the labour market and thus open new vistas for the entrepreneurial class. Our efforts to developing a culture of entrepreneurship is slowly but steadily gaining grounds among our population, particularly among women.
I wish to take this opportunity to also congratulate the efforts of such SMEs development institutions such as the National Women Entrepreneurs Council, AREU, DBM, Trust Fund for Social Integration of Vulnerable groups, Enterprise Mauritius, amongst others. And last, but not least, the SEHDA to be known in future as SMEDA for its accomplishment so far – since 2005.
Mr. Speaker Sir, the Vice Prime Minister and Minister of Finance in the budget speech 2010 quote US Secretary of State Hillary Clinton who was speaking in Nairobi in August this year. Mrs. Clinton said that Mauritians have benefited from government reforms which I quote “unlock human potential”, unquote.
I wish to expand, Mr. Speaker Sir, on this idea of ‘unlocking human potential’. Even before going any deeper into this idea, I would like to focus for a moment on this very word: ‘unlock’. We have seen, in this budget speech, and in all of the ones presented by this government since it came into power four and half years ago, many doors being unlocked for the population.
Mr Speaker Sir, it began with this very concept of Democratization of the Economy and Empowerment, which are among the various programs devised by our government to help the Mauritian population unlock its own potential. It unlocked the possibility for them to do business with ease, to become their own boss and to create small and medium enterprises. It unlocked the possibility for planters, labourers and artisans to become shareholders of the cane industry, an industry who had remained for years without reach of the people that for decades had constituted its very core. It has unlocked the possibility for the former workers from this industry to own land and to recycle into new jobs. It has unlocked the possibility for women to train in fields ranging from manufacturing to agro-industry, and set up their own businesses.
This government, Mr. Speaker Sir, is now going even further in this unlocking process. Indeed, as the Vice Prime Minister and Minister of Finance himself said in his speech, it is going to, I quote : “break new ground, while intensifying efforts to consolidate the traditional and emerging economic pillars, so as to open more business opportunities and further stimulate job creation” … unquote.
And breaking new ground and unlocking human potential we are Mr. Speaker sir through this fresh, re-invigorating process of developing the creative arts industry. Mr. Speaker Sir, this is unheard of in this country. Other than listen to local music on the radio occasionally, and seeing them perform when we attend official functions, which government has encouraged the Arts industry as much as we have? It began in 2007 with the de-tax of musical instruments and other related equipment. The aim being to encourage those who are making a name for themselves on the local, regional and even international front, through events such as cultural festivals. Now this Government is going to unlock the potential of these artists, but also that of budding artists. What the Government is proposing to do, is its own version of ‘El Sistema’, which is a program of Social Action for Music begun in Venezuela, and which has spread even to the United States. The idea is to help children and young people from poor backgrounds, and particularly those who demonstrate a liking and aptitude for music, to acquire the necessary musical knowledge and skills which will propel them to break out of the cycle of poverty. This is our new ground, Mr. Speaker Sir… a ground that has already been broken in other countries in the world, and which will in ours too.
Other than this innovation, Mr. Speaker Sir, for those are establishing themselves in the performing and creative arts industry, the government ins proposing to support artists in undertaking journeys abroad, to benefit from international events and attend courses and workshops overseas. Grants and scholarships ranging from 52 to 200 thousand rupees have been earmarked for this purpose. Moreover, Government is proposing to use money from the National Lottery to cater for these needs. But every artist needs a stage or performing space and structure… and this too we are providing Mr. Speaker Sir, through the habilitation of the Anjalay Coopen for concerts and the subsidization of such concerts for broader public attendance. The creation of a Mauritius Symphony Orchestra is all the more commendable, Mr. Speaker Sir, at not only does it enhance the cultural profile of our country, but of its citizens who are going to be called upon to become part of this orchestra. The creation of this symphony orchestra will be the stimulus for our young musicians not only to believe in their talent, practice and perfect it and unlock their potential of becoming the pride of our nation through the Mauritius Symphony Orchestra. Just imagine the small child from an area seen as a pocket of poverty, playing on his small drum or pipe… and dreaming of one day playing at the … Plaza in his country’s national orchestra…and actually making a very decent living of it. This child’s dream is what this government is proposing to make come true, his potential we are working towards unlocking.
The successive budgets presented by this government over the years, under the leadership of Dr. Navin Chandra Ramgoolam, have given me enough reasons to be optimistic. Our achievements speak for themselves. Slowly but steadily, we have been able to overcome all the challenges and constraints on which we have absolutely no control. Yet thanks to the bold, courageous reforms as well as necessary measures taken – coupled with the support, contribution and comprehension of the population, our country and our people are better off today than they were 5 years ago. The feel-good factor is very much present among the population.

REPLY TO PRIVATE NOTICE QUESTION

PRIVATE NOTICE QUESTION

The Honourable Leader of the Opposition, Mr Paul Raymond Bérenger, G.C.S.K, M.P.

To ask the Honourable Minister of Labour, Industrial Relations and Employment:-

Whether, in regard to the dispute between the Mauritius Sugar Producers Association and the Trade Unions of the sugar industry, he will state where matters stand as at to date, indicating if-

(a) Collective bargaining at enterprise, rather than industry level, is being promoted under the Employment Relations Act; and

(b) Government would agree, after consultations with the Unions, to the appointment of a former judge of the Supreme Court, as arbitrator, with an economist and an accountant as assessors?


REPLY

Mr Speaker, Sir,

As Honourable Members may be aware, negotiation for a collective agreement between the Mauritius Sugar Producers Association and the recognised trade unions of the sugar industry started last year. The trade unions have constituted themselves into a Joint Negotiating Panel for the purpose.

For the purpose of the negotiation, the trade unions submitted the following main proposals:

(a) a compensation for lack of agreement between 2002-2008;
(b) a salary increase of 42-45% + a yearly increment of Rs 100 over 4 years;
(c) increase of all bonuses by 50%;
(d) an increase of End of Year Bonus from 9 to 12%;
(e) payment of gratuity equivalent to Blue Print benefits on normal retirement (i.e. 2½ months’ wages per year of service) + a plot of land;
(f) extension of 40 hr week over 5 days during crop season;
(g) an increase in quantum of sick, local and vacation leaves;
(h) allocation of land for agriculture diversification to VRS beneficiaries.

The MSPA was not agreeable and made the following counter proposals:

(a) an increase in basic salary as follows:
- 1 July 2009: 5%;
- 1 July 2010: 2.5%;
- 1 July 2011: 2.5%.
(b) maintain the 40 hour week as it is
- 5 days during intercrop;
- 6 days during crop season.
(c) establishment of a new methodology of bonus schemes as follows:
- A “Prime de Presence Annuelle” varying between Rs 3000 and Rs 9000;
- A “Prime d’Anciennete” varying between Rs 11,000 and Rs 20,000 depending on years of service;
- A “Prime de Productivite” for workers affected at cutting and/or loading canes (The bonus varies between Rs 250 and Rs 2500 per fortnight depending on workers’ earning);
(d) end of year bonus of 10%;
(e) the leaves remain unchanged;
(f) retirement schemes to remain unchanged;
(g) the Funeral grants to be increased to Rs 5,000 and Rs 2,500 to a worker and a pensioner respectively.

The Joint Negotiating Panel was not agreeable and maintained its demands and, in addition, in a letter dated 24 September 2009, it called for information on 15 specific issues, namely:

(a) the yearly Financial Reports of all the listed companies from 2001 to 2009;
(b) the yearly amount of dividends paid to shareholders of the listed companies from 2001 to 2009;
(c) the yearly value of assets of the listed companies from 2001 to 2009;
(d) the yearly overall remuneration paid by the listed companies to all its employees (i.e. total labour force) from 2001 to 2009;
(e) the yearly overall remuneration paid by the listed companies to labourers and artisans from 2001 to 2009;
(f) the number of employees employed by the listed companies as permanent labourers, artisans, staff (etat major) for every year, from 2001 to 2009;
(g) the number of employees employed by the listed companies as contractual/seasonal labourers, artisans, staff (etat major for every year, from 2001 to 2009;
(h) the overall amount of funds benefitted by the listed companies from the national budget in connection with the EU Accompanying Measures Fund for the funding of VRS/BP/ERS and the application of the Multi Annual Adaptation Strategy Plan 2006-2015 (MAAS);
(i) the total amount of Bank Loan on preferential rate benefitted by the listed companies;
(j) the area of agricultural land under cane cultivation of the relevant listed companies from 2001 to 2009;
(k) the area of listed companies for which land related taxes have been exempted from 2001 to 2009, and the amount of money corresponding to these exemptions;
(l) a copy of all Bagasse-Electricity agreements between the relevant listed companies with existing Independent Power Producers Companies for the exchange of bagasse and electricity;
(m) a copy of all agreements signed by the IPP sugar related companies involved in coal-bagasse energy co-generation with the Central Electricity Board;
(n) a copy of the agreement signed by the relevant listed companies for sugar refinery with Suckzuker;
(o) a list of all major share holders of the listed companies and a list of other companies in which they hold shares in Mauritius and abroad.

The MSPA indicated, in a letter dated 9 October 2009, that it was prepared to provide information it deems relevant to the collective bargaining exercise at industry level but not information pertaining to individual undertakings. For example, information pertaining to the Independent Power Producers was not deemed relevant as the institutions concerned are not members of MSPA and, as such, not concerned with the on-going collective bargaining exercise.

Mr. Speaker, Sir, the Employment Relations Act provides at Section 41 (1) that in the process of collective bargaining, either party shall provide to the other all relevant information required for the purposes of collective bargaining. Moreover, Section 41 (4) provides that where any party refuses to provide information under this Section, the other party may apply to the Employment Relations Tribunal for an order and the Tribunal shall, where it is satisfied that the information is relevant, make an order within 30 days that the information be provided. The order has to be complied with within 14 days of its making.

Mr Speaker, Sir,

I have had meetings with both the representatives of MSPA and the Joint Negotiating Panel at the end of October this year and have urged them to return to the negotiating table. It needs be noted that my Ministry can only act as facilitator in this process and the decision on how to proceed rests with the parties concerned.

The MSPA submitted a second set of counter proposals on 23 October 2009 to the trade unions which essentially concern:

- A salary increase of 13% over a 4 year period starting 1st July 2009;
- The productivity bonuses and the Prime d’Ancienneté et Assiduité to remain unchanged, as required by the Unions;
- Their proposal regarding the Prime de Présence Annuelle was maintained however.

I had a meeting with the representatives of the Joint Negotiating Panel on 30 October 2009. The trade unions indicated that they would only return to the negotiation table if MSPA:

(a) Provides them with all information they had called for;
(b) Withdraws its proposal regarding Prime de Présence Annuelle which they consider to be an attempt by MSPA to make their acquired rights less favourable; and
(c) Does not encourage enterprise level collective bargaining as in the case of FUEL and the Sugar Industry Workers Association (SIWA).

Should MSPA fail to accede to their requests, the Joint Negotiating Panel indicated that the workers would proceed with a one-day strike at the end of November. I drew their attention to the fact that any such strike would be unlawful as the established procedures under the Employment Relations Act have not been followed and urged them to follow the required procedures.

In a letter dated 21 November 2009 addressed to MSPA and copied to the Prime Minister and to me, the Joint Negotiating Panel has reiterated the three requests communicated to me at the meeting of 30 October 2009 and has added a fourth condition, namely that the listed companies of the MSPA should strictly abide to Section 21 (2) of the Sugar Industry Efficiency Act 2001 and to the Employment Rights Act 2008, on seasonal/contractual labour.

On 20 November 2009, MSPA has made an application to the Employment Relations Tribunal under Section 86 (3) for an order

(a) requiring the Joint Negotiating Panel to make use of the procedures and remedies available under the law; and
(b) to declare the threatened strike to be unlawful.

An order from the Tribunal is binding on both the parties and has to be complied with.

It has been reported in the press that the one day strike is scheduled for this Friday 27 November.

Mr Speaker, Sir,

With regard to sub paragraph (a) of the PNQ, I have to inform the House that the Employment Relations Act provides the framework and procedures for collective bargaining at both enterprise and industry level. Where collective bargaining is undertaken at industry level, there has to be a procedure agreement at industry level, which is the case for MSPA and the recognised trade unions. The decision to proceed with collective bargaining at enterprise or industry level rests with the parties concerned.

As regards sub paragraph (b) of the PNQ, the Employment Relations Act provides at Section 63 that the parties to a labour dispute may jointly refer such dispute for voluntary arbitration to the Employment Relations Tribunal or to an arbitrator appointed by them. Where any dispute is referred to the Employment Relations Tribunal under this Section, the Tribunal has 90 days of the referral to make an award. Where circumstances so require, this time limit may be extended with the consent of the parties.

Arbitration under the law is a voluntary process at the discretion of the parties concerned. It would not be proper for the Government to appoint an arbitrator and this, after consultation with the trade unions only.

PRESS RELEASE - MEF TRAINING OF TRAINERS WORKSHOP ON OCCUPATIONAL SAFETY AND HEALTH

Minister Chaumière makes appeal for healthier and safer working environment for workers.
The Minister of Labour, Industrial Relations and Employment, the Hon. Jean-Francois Chaumière launched a 5-day training of trainers workshop entitled: Risk Assessment and Introduction to Occupational Safety and Health Management today, Monday 23 November 2009 at the MEF-MCCI Building in Ebène.

Minister Chaumière highlighted the existing legal provisions under the Occupational Safety and Health Act 2005 to ensure safe and decent working conditions for workers. He applauded this initiative of the MEF which is line with government policy of promoting health and safety at work. Minister Chaumière asked “all stakeholders to put our efforts together so as to ensure a safer, and healthier working environment for our fellow workers.”
The main resource persons to the workshop are Mr. Franklin Muchiri, Senior Occupational Safety and Health Specialist from the International Labour Organisation (ILO), and Mr. Pavan Baichoo, Technical Officer Occupational Safety, International Programme on Safety and Health at Work and the Environment (Safework) – ILO.

The themes to be addressed in the course of this training week are inter alia:
-Fundamentals of Occupational Safety and Health
-Principles of Risk Management
-Incident/Accident Investigation
-ILO Guidelines on Occupational Safety and Health Management Systems

SPEECH - MEF TRAINING OF TRAINERS WORKSHOP ON OCCUPATIONAL SAFETY AND HEALTH

It gives me much pleasure to be amongst you, this morning, on the occasion of the opening ceremony of this ‘Training of Trainers Workshop on “Risk Assessment and Introduction to Occupational Safety and Health Management’ organised by the Mauritius Employers Federation in collaboration with the ILO.
I am informed that the objectives of the workshop are to train participants in the area of risk assessment in line with the requirements of the Occupational Safety and Health Act 2005 and to introduce the Occupational Safety and Health Management Systems concept.
I am pleased to note that two eminent experts from the ILO, namely Mr. Pavan Baichoo, Technical Officer, Occupational Safety, International Programme on Safety and Health at Work and the Environment, Safework and Mr. Franklin Muchiri, Senior Occupational Safety and Health Specialist will be the resource persons for the workshop and let me take this opportunity to extend a special welcome to them and wish them a pleasant stay in the country.
Globalisation, intense competition and technological progress are leading to fast changing working environment and eventually to new emerging workplace hazards. All these, result in a lot of pressure on all stakeholders in the world of work, including workers, employers and also on the enforcing authority. And in this context, I wish to thank and congratulate the Mauritius Employers Federation for its laudable initiative in organising this important workshop for its members and occupational safety and health professionals from the Institution of Occupational Safety and Health Management.
In this dynamic working environment, Safety and Health Officers have also a key role to play in the development and promotion of a safety and health culture at the enterprise level and I have no doubt that such training programme will enhance their skills and knowledge towards achieving these objectives.
The Occupational Safety and Health Act 2005, which came into force on 01 September 2007, prescribes specific duties for Safety and Health Officers. They are inter-alia required to assess the need for preventive measures to safeguard the safety and health of employees; advise the employer in writing on practicable measures and appropriate techniques to be implemented to minimise any risk in any process in the undertaking of his employer; design and implement appropriate training programmes, inspect all places of work, exercise adequate supervision to ensure the effective implementation of any arrangement made and enquire into complaints and occupational accidents and recommend in writing any safety and health measures to be implemented by the employer.
The employment of Safety and Health Officers is therefore of major importance in attaining high standards of safety and health at workplaces and promoting safe conduct of work. Given the wide range and complex nature of their duties, the need for continuous and appropriate professional training in various fields of occupational safety and health cannot be thus over-emphasised with the assistance of technical experts.
The Occupational Safety & Health Act 2005 provides for every employer to make a suitable and sufficient assessment of any risk to the safety and health to which any employee is exposed whilst he is at work for the purpose of identifying the measures he needs to implement. Any such assessment shall be reviewed by the employer not later than two years after any assessment or earlier where there has been a significant change in the matters to which it relates. Where an employer employs more than five persons, the significant findings of any assessment should be recorded. This workshop comes at an appropriate time as it will be a forum where you will strengthen further your knowledge by sharing your experiences and also learning new techniques from the two resources persons.
My Ministry is fully aware of the importance of occupational safety and health management system and risk assessment in an enterprise as a means to move forward in further improving the existing occupational safety and health environment. In this context, my Ministry is coming up with guidelines on Risk Assessment. This document is being prepared at the level of the Advisory Council for Occupational Safety and Health, a statutory body set up under the Act.
It has also been well established that an Occupational Safety and Health Management System in an enterprise is an important element in managing occupational safety and health at the enterprise. The employer has the responsibility and duty to ensure the safety and health of his employees and the implementation of an occupational safety and health management system is one useful approach in fulfilling this duty. The employer should show strong leadership and commitment to occupational safety and health activities in the organisation and make appropriate arrangements for the establishment of an occupational safety and health management system. The basic principles of an occupational safety and health management system are: -
(a) the preparation of an Occupational Safety and Health policy, through consultation with workers and organising resources for implementation of the policy;
(b) the allocation of responsibilities and accountability, ensuring competence of resources through training, documentation of Occupational Safety and Health Management Systems and establishing adequate communication related to Occupational Safety and Health;
(c) the planning and implementation of the Occupational Safety and Health Management Systems;
(d) evaluation through performance monitoring and measurement, auditing, investigation of accident, disease, incidents and review of procedures; and
(e) taking actions for improvement of Occupational Safety and Health.
In fact, the law provides that every employer of 50 or more employees shall make a written statement of his policy with respect to the safety and health of his employees and provide such resources, as appropriate, having regard to the nature of his activities and size of his undertaking for the effective planning, organisation, control, monitoring and review of the preventive and protective measures required to be taken by him under the Act. Moreover, every employer shall, so far as is reasonably practicable, ensure the safety, health and welfare at work of all his employees. The employer should also provide and maintain a working environment that is safe and without risks to health.
This government has pledged to ‘put people first’ and we share the belief of the ILO that the right to life is the most fundamental right and that workers’ protection against work-related accidents and illnesses is one of their fundamental rights. That is why we have come up with such a comprehensive and modern piece of legislation on occupational safety and health.
I sincerely believe that besides a strong legislative framework, training of the workforce to build a long-lasting safety and health culture is very important. My Ministry conducts regular training programmes for employers and their representatives and for workers from different economic sectors, including high risk sectors.
We are fully aware of the need to have adequate resources for an effective enforcement of the law. In this context, my Ministry is taking necessary measures to recruit additional Occupational Safety and Health Officers so as to provide an effective and efficient service.
Occupational Safety and Health, I believe, should become an integrated function of any business activity. It should not be looked at when “time is available” or when “funds are available”.
I therefore make an earnest appeal to all employers to place occupational safety and health high on their agenda, especially when it comes to high risk sectors such as construction. Workers, as well, should assume their responsibility. Poor health and safety can have negative impact on the employee, his family and also affect the enterprises image and productivity. As Minister, I will accept no compromises at all on matters pertaining to safety and health of workers. Any breach of the Occupational Safety and Health legislation will be dealt with very seriously and severely by my Ministry.
I again seize this opportunity to make an appeal to all stakeholders to put our efforts together so as to ensure a safer, and healthier working environment for our fellow workers.