SIX charges against the Water and Sewerage Authority (WASA) by the Occupational Safety and Health Authority (OSHA) in the death of wastewater craftsman Kern Etienne in October 2023 detail the allegations against the public utility company, citing significant health and safety breaches.

OSHA’s complaint was filed in the Industrial Court on April 16. Newsday has obtained a copy of the complaint filed by OSHA’s attorneys Patricia Cross and Trudy Thomas.

On June 7, WASA disclosed six breaches had been filed against it arising out of the accident that claimed Ettienne’s life on October 22, 2023.

The first count alleges that on October 23, 2023, at the Rienzi Kirton Highway, WASA” failed to ensure so far as reasonably practicable the safety, health and welfare” in the installation of sewer mains and manholes to upgrade the wastewater collection system at the San Fernando Licensing office.

“There was no safe system of work to prevent cave-ins of the trench of a box drain.” That count further alleged that Ettienne, part of the crew installing the sewer mains, was on the side of a box drain that was “not benched to remove the excess dirt for the pipe to be laid.

“The northern side’s wall collapsed and covered Mr Ettienne’s body. As a result, he succumbed to his injuries at the San Fernando General Hospital.

“This is a contravention of section 6(1) of the Occupational Health and Safety Act Chapter 88:08.”

Count two alleged a failure by the authority to provide and maintain plant and systems of work. It alleged during the job at the licensing office, it “failed to implement the standard operating procedures for excavation and trenching; it did not ensure that the northern side of the trench of a box drain was benched or shored to prevent cave-in of the trench.”

The charge alleged the collapse of the side wall covering Ettienne which led to his death was in contravention of section 6(2) of the OSH Act and was a health and safety offence under section 83(1) of the act.

Count three alleged that WASA failed to provide Ettienne with job-specific training on the standard operating procedures for excavation and trenching.

The charge alleged that this failure was in contravention of section 6(2) of the OSH Act and was a health and safety offence under section 83(1) of the act.

Count four accused WASA of backfilling the site of the trench that collapsed on Ettienne preventing an OSHA inspector from making observations and collecting measurements of the accident site.

“This is in contravention of section 47(1) of the OSH (Protective Measures) Order -Excavations, Trenching and Shoring General Protective Requirements of the OSH Act and it is a safety and health offence…” the charge said.

The complaint explained on the day in question, the authority “failed to ensure that where a person is killed or sustained a critical injury at an industrial establishment, no person shall, except for the purpose of saving life or relieving human suffering; maintaining an essential public utility service a pubic transportation