Fatal Kara Kara workplace accident: Employer failed to adhere to health & safety law – investigations reveals

The Labour Ministry’s Occupational Safety and Health (OSH) Department has concluded the investigation into the fatal accident involving 19-year-old heavy-duty equipment operator, Ezekiel Benjamin that occurred on November 12, 2024, at BOSAI Mineral Group (Guyana) Inc, East Montgomery mines, Region 10 (Upper Demerara- Upper Berbice).

It was reported that Benjamin, who was employed by Dindyal Sookram and Daughters General Contractor, was operating an XCMG excavator to construct a drainage system intended to channel water from the surrounding area to the Kara Kara Creek.
During this operation, the excavator reportedly began sinking and soon became submerged in the swampy terrain, trapping Benjamin inside.
An alarm was raised by nearby operators of BOSAI Minerals Group and efforts were made to rescue Mr. Benjamin. He was retrieved and transported to the Mackenzie Hospital Complex, where he was pronounced dead.
Following this accident, a formal investigation was launched by the Labour Ministry led by Occupational Safety and Health Officer Ray Hosannah per the requirements of the Occupational Safety and Health Act, Chapter 99:06 Laws of Guyana.
While the investigations revealed that there was non-compliance with certain sections of the Occupational Safety and Health Act, Cap 99:06. It should however be noted that the Act does not address the issue of compensation.
Some of the main findings were that the accident was not reported to the Ministry of Labour and a register for the recording of workplace accidents was not kept. There was no evidence that the company had an Occupational Safety and Health Policy and there was an absence of a programme for the implementation of the Safety and Health Policy. No one was identified as a safety and health representative. Additionally, it was found that the Ezekiel Benjamin operated an excavator in an unstable working environment that caused the excavator to topple and pin him in the swamp. There was also a lack of adequate supervision since the accident was not detected immediately and the delay in responding could have contributed to the demise of the worker.
The investigations also revealed that the employer failed to provide and maintain a safe, sound, healthy and secure working environment for the deceased in keeping with the duties of an employer as required by Section 46 (2) O of the Occupational Safety and Health Act, Chapter 99:06, Laws of Guyana.
Several recommendations were made in keeping with the findings and among these were that the employer was duly informed and follow-up actions will be taken to ensure compliance with the recommendations which were made.
In addition, the Occupational Safety and Health Department is seeking legal advice from the Ministry’s Attorney -At -Law concerning this matter.