An Arbitration Panel established to address the growing health and safety concerns at the Basseterre High School (BHS) has ordered the immediate relocation of the students and staff of that institution. The Panel has also called for the immediate implementation of a shift system and facility-sharing arrangement with the Washington Archibald High School (WAHS) while every effort is made to identify and correct – once and for all – the problems that could be responsible for the symptoms being experienced by teachers and staff at the BHS.
In issuing its Findings and Award, the Arbitration Panel was clear to illustrate that its decisions were informed by the following lines of investigation: A walk-through of the physical facilities of the BHS;
Assessment of (a) the commendable remedial work that was undertaken by the Ministry of Education to the Biology and Chemistry laboratories, the auditorium, some classrooms and the surrounding environment; and (b) ongoing work being done on the Eastern campus and renovations still to be completed;
Review of the reports done by local and regional bodies who had undertaken tests of the environment for a number of possible agents within the school confines; and
In-depth hearings with officials from the Ministry of Education, the Management of BHS, the St. Kitts Teachers’ Union, and the Parent-Teacher Association (PTA) of the BHS.
HEALTH issue, and that the Ministry of Health must take a lead role in exploring avenues to identify and resolve the causes giving rise to the medical complaints by students and teachers. A further recommendation of the Panel is the establishment of a comprehensive Task Force comprising representation from the Ministries of Health, Education, Environment, Labour, the Attorney General’s Chambers, the Teachers’ Union, and the BHS Management and PTA.
The Task Force will be charged with the establishment of an Action Plan – with strict timelines and deliverables – to rehabilitate the BHS. Among other matters, the Action Plan should be inclusive of completion of all remedial work previously recommended; the sourcing of technical and/or financial assistance from agencies such as UNICEF, PAHO, WHO, and other United Nations bodies; and the commissioning of an independent agency to do final testing and give full clearance for the return of the students and staff to the school.
The four-member Arbitration Panel was comprised by Dr Ken Ballantyne, attorney-at-law and certified arbitrator; Dr Bichara Sahely, medical practitioner; Reverend Canon Isaiah Phillip of the Anglican Communion; and Ms Wendy Phipps, management consultant and principal of Trinity Business Services.
FINDINGS AND AWARD
1. Following the Panel’s walk through of the physical facilities of the Basseterre High School (BHS), we agreed that much remedial work had been completed in the Biology and Chemistry Labs, the auditorium, some classrooms and surrounding environment by the Ministry of Education. On the Eastern Block, work was still ongoing on classrooms and there were buildings yet to be renovated but would be done shortly. Some of these remedial actions were being done while students and staff were still on the premises.
2. The remedial work undertaken by the Ministry of Education has been the result of the recommendations of local and regional bodies who had uundertaken tests of the environment for a number of possible agents within the school confines.
3. Notwithstanding these remedial works, and the Panel highly commends the Parties for the outstanding job that was clearly visible, the problems experienced by students and staff of the school remain to the present time.
4. Having adhered to the recommendations to resolve the matter and the failure of such action to resolve the problem, one can understand the frustration of the Parties.
5. The Panel reasoned that while some of the symptoms experienced by students and staff may be psychological in nature, we were in agreement that many of them could have been a direct result of causes yet to be detected and remedied.
6. The Panel was in agreement that the current problem at the BHS is primarily a HEALTH issue, and the Ministry of Health must take a lead role going forward in exploring avenues to find and resolve the cause that is giving rise to these medical complaints.
7. Having listened to the presentations made by the both sides, the Panel observed that there was an element of distrust between the parties; that proper communication protocols were not adhered to and there was a pronounced difference in the recommended approach for the way forward
8. In charting the way forward, the Panel recommends the following: a) The establishment of a comprehensive Task Force comprising one (1) representative each from the Ministries of Health, Education, Environment, Labour, and the Attorney General’s Chambers, The Teachers’ Union, the BHS and the BHS PTA, to establish a plan of action to rehabilitate the Basseterre High School.
b) Seek the assistance, financial and/or technical, of UNICEF, PAHO, ILO, OSH and other Agencies of the U.N., along with Regional bodies including the University of the West Indies.
c) Complete the outstanding remedial work previously recommended.
d) Undertake a complete examination and repair where necessary the School’s sewer systems, searching and locating any septic tanks that may have been condemned or unworkable.
e) Have the Public Works Department provide Mechanical, Electrical and Plumbing drawings for the school to avoid a similar situation of unknown sewers and waste water and chemical disposal areas. f) The Task Force will engage a reputable, independent international firm to undertake certain tests of the environment. This may be accomplished with the assistance of the U.N. bodies.
g) Thoroughly check and test the surrounding and adjacent environment and properties, including abandoned properties to eliminate them from the source of the problem. We were advised of the closure of an adjacent pre-school, a check should be made as to whether those students and teachers continue to experience similar symptoms.
h) Continue to maintain the nurse to record all complaints, and to establish a better cooperation with the medical profession we recommend the Chief Medical Officer put in place a protocol where affected students and staff are able to meet with specific doctors in an effort to obtain more reliable data on the problem.
i) All Stakeholders MUST adhere to the “Strategic Communication Action Plan” you now have in place. All parties must seek to establish that trust and transparency in their dealings that would provide for a successful outcome.
j) Place a strict timeline on the completion of all tests and remedial work to cause as little disruption to the school environment as possible.
k) That the students and teachers of the Basseterre High School (BHS) be removed from that facility with immediate effect, in order to alleviate the ongoing impact on the health and safety of all concerned; that a shift system be implemented with a facility-sharing arrangement with the Washington Archibald High School (WAHS), with immediate effect.
l) Ongoing monitoring of the health and safety of the students and teachers be done while on the shift system at WAHS to build a data base on the incidence of symptoms, frequency of visits to the school nurse, sick leave by teachers, and visits to private doctors. This will inform the Task Force of any correlations between the relocation of the students and teachers, the reduction in illnesses, sick leave, lower productivity, etc.
m) Have an independent agency do final tests and give a full clearance for the return of students and staff to the school. By this time, no work whatsoever should be ongoing on the premises.
n) Put in place a comprehensive and proper maintenance plan for the overall maintenance of the school and its surrounding compound.