Basil Jarrett | The Protected Disclosures Act: Safer workplaces start here

COMING OFF our recent Independence Day celebrations, it is always a fitting time to reflect on the strides we’ve made as a nation since 1962. Life here may not be perfect, but over those six decades, I think it’s safe to say that we’ve quite effectively managed to navigate the complexities of self-governance, while simultaneously fostering a sense of national pride.

With six years to go, Independence Day is as good a time as any to see how well we’re progressing in meeting our Vision 2030 goals of making Jamaica the place of choice to live, work, raise families and do business.

In focusing on the latter part of that by now, well-rehearsed Vision Statement, one essential area that continues to elude us and requires our collective attention and commitment is the integrity of our workplaces. This is where the Protected Disclosures Act of 2011 comes into play, offering a powerful tool for ensuring accountability and safeguarding the welfare of every Jamaican worker.

The act has sort of developed a well-earned reputation over the years as being mainly a tool to expose and report corruption in our public offices, but one often overlooked aspect of the legislation is its ability to ensure that our workplace systems function safely and efficiently. In doing so, it has the power to transform not just individual lives, but entire organisations.

THE SILENT SENTINEL: UNDERSTANDING THE ACT

Take a look at this scenario for instance. Imagine John, a dedicated worker at a manufacturing plant. For years, he’s been handling various chemicals and other harmful substances, and despite his repeated concerns about the lack of proper safety equipment, his warnings have fallen on deaf ears. Management’s focus is on productivity, and this has overshadowed the crucial aspect of worker safety. Over time, John starts experiencing symptoms that point to serious health risks: persistent coughing, headaches, and dizziness. He knows he can’t stay silent any longer, but he has four mouths to feed at home.

This is where the Protected Disclosures Act becomes his shield. Introduced to encourage employees to report improper conduct without fear of retaliation, the act is a legislative beacon of hope. It ensures that disclosures made in good faith and in the public interest are taken seriously, fostering a culture of accountability within organisations. In addition to its most well-known function as an anti-corruption tool, it is also a framework designed to protect whistle-blowers from occupational detriments such as dismissal, demotion, or harassment. Whistle-blowers like John.

JOHN’S COURAGE: A CASE STUDY

John decides to act. The Protected Disclosures Act allows for disclosures to be made externally to a range of receiving bodies, such as the Major Organised Crime and Anti-Corruption Agency and the Integrity Commission, which serve as designated authorities. But it also allows for John to make a protected disclosure to a designated person within his organisation. Let’s call her Candice, and she has responsibility for receiving and investigating such reports within the organisation. Candice receives John’s complaint and drafts a meticulous investigation plan, ensuring confidentiality throughout the process. This is critical, as the act imposes hefty penalties for revealing a whistle-blower’s identity, an additional layer of protection for John. The investigation uncovers systemic failures in the plant’s safety protocols, leading to immediate corrective actions, such as proper safety equipment being procured, comprehensive training programmes being established, and regular inspections becoming routine. John’s courage not only safeguards his health, but also transforms the entire workplace, ensuring a safer environment for all employees.

THE BROADER IMPACT: WHY THIS MATTERS

John’s story is a testament to the transformative power of the Protected Disclosures Act. But why should this matter to you, to me, and to every Jamaican? The answer lies in the broader impact of fostering an environment where integrity and accountability are the norms rather than the exceptions. When employees feel empowered to speak up about wrongdoing without fear of retribution, it creates a ripple effect that extends beyond the individual. It cultivates trust within the organisation, enhances morale, and ultimately leads to a more productive and ethical workplace. For businesses, this means reduced risks of legal liabilities, financial losses, and reputational damage. It also encourages a culture where transparency and honesty are valued. But it also places the responsibility on both employees and employers to make the most of this legislation.

For example, employees must ensure that they familiarise themselves with the provisions of the act, and understand clearly what constitutes a protected disclosure, improper conduct, and the steps to make a report. For employers, it is important to create awareness and education programmes for employees, while creating an atmosphere that encourages open dialogue about ethical practices. It is also critical to ensure that designated officers within the organisation are not only known and accessible, but are also properly trained to handle disclosures with professionalism and due care.

LOOKING AHEAD: OUR COLLECTIVE RESPONSIBILITY

And so, as we celebrate 62 years of independence, we must envision a Jamaica where integrity and accountability are the cornerstones of our workplaces. In that regard, the Protected Disclosures Act is a powerful tool in this journey, but it requires our collective effort to realise its full potential. If we are to create a Jamaica where every worker feels safe and empowered to speak up against wrongdoing, and where businesses thrive on ethical practices and accountability, then perhaps we can truly begin to create a country that is the place of choice to live, raise families and do business.

Major Basil Jarrett is a communications strategist and CEO of Artemis Consulting, a communications consulting firm specialising in crisis communications and reputation management. Visit him at www.thecrisismajor.com. Send feedback to columns@gleanerjm.com.