Last week when two maintenance workers of the Katunayake Expressway were struck down by a vehicle and killed, serious concerns were raised regarding the health and safety measures taken during the maintenance of Expressways. Despite the accident being caused by a driver falling asleep at the wheel, questions were asked if better safety measures could have averted the accident from claiming two innocent lives. While the Road Development Authority (RDA) has imposed strict safety measures on the private contractors in charge of maintenance, experts on health and safety say due to lack of stringent laws enforcing health and safety measures in Sri Lanka accidents at workplaces including roadways are now becoming a more common occurrence.
Two deaths
On October 21 two maintenance workers attached to a private contractor in charge of maintaining the Katunayake Expressway had been trimming the grass on the edge of the road near the 15.4 Kilometer mark close to the Expressway Police Post in Seeduwa when according to the Police around 2.50 pm a red Alto car travelling towards Katunayake had veered off the road fatally knocking down the two workers.
While the men identified as H.K.D Mahesh and K.A.P Perera from Jaela were later declared dead at the National Hospital of Sri Lanka, the cause of the accident as later found out by the Police was due to the driver of the car falling asleep at the wheel. The two deaths which happened on an expressway known to maintaining a low accident rate came as a shock to many and concerns were raised if any measures could have been taken to avoid the deaths by way of imposing better health and safety measures. In fact despite the dangers in some instances there have also been reports of workers walking across the highway during maintenance work causing a sense of alarm among motorists.
Strict safety measures
However, according to the Deputy Director of the Katunayake Expressway, the Operation Maintenance and Management Division of the Road Development Authority (RDA) Nihal Lodwick, the RDA has imposed a series of safety measures to its various private contractors. “The measures imposed are not for the Katunayake Expressway alone,” he said. ‘The RDA has strictly enforced these safety procedures in all expressways ensure the welfare of the workers and public alike’.
According to Lodwick while the maintenance work such as the trimming of grass is done by a private contractor, the RDA has requested they section-off the work area using traffic cones while the workers are also expected to wear reflective clothing. ‘We have also instructed them to place warning signs or use’, he said.
When questioned regarding the workers at times walking across the expressway to reach the opposite side, the Deputy Director said the workers have been instructed to refrain from acting in such a manner. “It is not allowed under any circumstance,” he said. ‘Members of the public could lodge complaints with the RDA if workers are seen to be behaving in a dangerous manner while posing a risk to themselves and the members of the public’.
Lack of laws
Just as the RDA, today many organizations have had to formulate health and safety procedures of their own due to the lack of laws and regulations covering the area in Sri Lanka. As a result many health and safety failures are also not actionable by law while the formulated procedures are also neither legally enforceable.
While many countries in the world have updated legislation on health and safety according to experts the only legal provision for health and safety at work places in Sri Lanka is the Factories Ordinance which was formulated in 1942 while out of the various regulations the latest was formulated over 20 years ago.
According to the Director General of the National Institute of Occupational Safety and Health Dr. Champika Amarasinghe, the current law is only applicable to factories within the definition of the existing law. “This leaves out many modern day workplaces,” she points out emphasizing that it is a country requirement to now update the law.
In fact a more updated Safety and Welfare Act has been in the pipelines since 2007 but has become a victim of delays between various government departments tasked with formulating legal provisions.
Blocking out sections of the road where maintenance is ongoing, setting up signs, a system signalling to drivers about ongoing maintenance and to reduce speed are all various safety measures that can be taken, says Dr. Amarasinghe. According to her, perhaps more stringent safety procedures could have saved the lives of the workers despite the accident being caused by the driver. But nevertheless according to Dr. Amarasinghe, no safety measures imposed can ensure they are adhered to due to its non binding nature. “No one can take action if safety procedures are not met with,” she pointed out. ‘Therefore proper laws enforcing safety and health at all work places must be put in to place.’