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Attorney says independent investigators needed for Kingston Wharves probe into stevedore's death

Attorney Bert Samuels
 
Attorney Bert Samuels says independent investigators should be brought in by Kingston Wharves to probe the death of stevedore Scot Bamburry.
 
Mr. Bamburry died on Tuesday after he fell from a ship at Berth 8. His body was found on Thursday
 
Chief Executive Officer of Kingston Wharves, Mark Williams, told Radio Jamaica News that a senior executive will oversee an internal probe.
 
Speaking Friday on the Morning Agenda on Power 106, Mr. Samuels said that may be considered a conflict of interest. 
 
He said the police, which is carrying out its own probe, will likely rely more heavily on the separate investigation by the Occupational Health and Safety Division of the Ministry of Labour with regard to the safety records at Kingston Wharves.
 
"There is a form that must be filled out to show that you [the company] have inspected and you signed off on this inspection, so... there are legal responsibilities for the safety of workers and you must keep a register to show that you have been examining these ropes and chains and cables," he said of Kingston Wharves' responsibility.   
 
The Kingston Wharves CEO has said the safety systems used by the company and vessels which access the wharf are in keeping with international standards.
 
Mr. Samuels believes the incident has opened the door for a comprehensive review of the protocols.
 
He is expecting an in-depth investigation by the Occupational Health and Safety Division into the safety protocols that were in place at Kingston Wharves on Tuesday night.
 
Proper lighting and a rescue team on stand-by are among the areas he anticipates should be examined, as he suggested the investigators return to the wharf at night to "see whether the area is well lit so that persons could have seen or heard" when the incident took place.  
 
Still, the attorney highlighted that the safety of the work environment does not solely depend on the employers, but also is a "camaraderie between employees who can make protest...and refuse to work if safety standards are below par". 
 
Mr. Samuels said the Occupational Health and Safety Division's findings and those of an independent investigator will be important in determining whether there are grounds for a civil suit.
 
"If there is any negligence, if there is something that they ought to have done which they did not do and it was related to this accident, then a civil claim may be made by the survivors, the family... for compensation to be paid to the children, if he had any, or his family," Mr. Samuels explained.  
 


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