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Duke files charges against Khan

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The Public Service Association (PSA) has filed criminal charges against Health Minister Dr Fuad Khan at the Sangre Grande Magistrates Court in the wake of industrial action by health care workers at the Sangre Grande District Hospital. It was filed yesterday by the association’s president Watson Duke. He did not want to say what exactly the criminal charges were. He said if he disclosed what charges were laid then “carnival will overshadow the matter.”

Duke said he had given Khan a deadline of February 12 to provide documents including fire certificates and inspection reports. Duke claims the Eastern Regional Health Authority (ERHA) is violating the Occupational Safety and Health (OSH) Act by the “deplorable” work conditions at the Sangre Grande hospital. He added that the requested documents were not provided and that led him to file court action. 

For more than a week, health care workers, including nurses, have been signing in for work, but sitting out in a tent in the car park. This protest action has led to the suspension of many hospital services. For now, the emergency room only accommodates critical emergencies, the pharmacy remains closed, all outpatient services have been suspended, and the radiology unit is closed to outpatients. 

The health care workers are also demanding better working conditions which include the removal of the CEO of the ERHA, Ameena Ali. Ali was previously removed from the North West Regional Health Authority under similar conditions. “We are demanding that she be removed before sunset of Carnival Tuesday. We are also calling on the removal of Dr Fuad Khan as the Minister of Health,” Duke said.

Khan previously went on record stating the protesters had not filed their complaints in writing, and thus he was unable to adequately address their grievances. However, Duke said, they had placed their issues in writing to the minister. 

“The complaints are already in writing and they have failed to fix the issues,” Duke said. He also added that for the carnival weekend, “The health care workers of Sangre Grande and San Fernando will be playing old mas on Carnival Monday and Ash Wednesday.” The PSA also filed similar charges against Ali and ERHA chairman Dr Stephan Bhaggan.

Flashback
In 2013, Duke filed criminal charges against Transport Minister Stephen Cadiz, Transport Commissioner Reuben Cato and the permanent secretary in the ministry, Verna Johnson. In that matter, according to the documents that were filed in court, the PSA alleged that the three parties were in violation of Section 26(2) of the Occupational Safety and Health Act as it pertains to provision for escaping a fire.

Section 26(2) states, “Every occupier shall ensure that his industrial establishment is certified in the manner prescribed under this act by the fire authority as being provided with such means of escape in the case of fire for the persons employed therein as may reasonably be required in the circumstances of each case and, if premises with respect to which no such certificate is in force are used as an industrial establishment, the occupier commits an offense and is liable, on summary conviction, to a fine of ten thousand dollars and to imprisonment for six months and to a further fine of one thousand dollars for each day on which the offence continues.”

When asked if he had filed the ERHA charges citing a violation of Section 26(2) of the OHS Act as in the Transport Ministry matter, Duke declined comment. T&T Guardian was unable to reach Khan for a comment.


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