THE OCCUPATIONAL SAFETY AND HEALTH (NO. 2)BILL, 2001

Arrangement of Clauses

PART IPRELIMINARY

Clause

1. Short title

2. Commencement

3. Act inconsistent with the Constitution

4. Interpretation

5. General application of Act

PART II

GENERAL DUTIES

6. General duties of employers to their employees

7. General duties of employers and self-employed persons topersons other than their employees

8. General duties of occupiers

9. General duty of occupier to protect safety and health of public

10. General duties of employees at work

11. Duty not to interfere with or misuse things providedpursuant to Act

12. Certain charges prohibited

13. General duties of manufacturers and suppliers

PART III

RIGHTS OF EMPLOYEES TO REFUSE WORK WHERE SAFETY OR HEALTH

IN DANGER

14. Application of Part

15. Refusal to work

16. Report of refusal

17. Refusal to work following investigation

18. Investigation by inspector

19. Employee to be available

20. Duty to advise other employees

21. Entitlement to be paid

PART IV

SAFETY

21A. Effective safeguard of machinery

22. Employment of young persons on dangerous machines

23. Protective clothing and devices

24. Removal of dust and fumes

25. Dangerous fumes and lack of oxygen in confined spaces

PART VFIRE

26. Means of escape in case of fire

27. Safety provisions in case of fire

28. Instructions as to use of means of escape in case of fire

29. Provision for adequate fire fighting equipment

30. Power of Chief Inspector to conduct court proceedings

PART VIHEALTH

31. Cleanliness

32. Respiratory protection

33. Lighting

34. Noise and vibration

35. Overcrowding

36. Ventilation

37. Medical examination of persons employed in industrialestablishments

38. Power to require medical supervision

PART VII

WELFARE

39. Drinking water

40. Washing facilities

41. Sanitary conveniences

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42. Accommodation for clothing43. First aid appliances44. Canteens45. Restrooms and lunchrooms

PART VIIINOTIFICATION AND INVESTIGATION OF ACCIDENTS AND INDUSTRIAL

DISEASES

46. Notification of accidents47. Preservation of scene48. Notification of occupational diseases49. Autopsy in cases of death by accident or occupational disease50. Inquest in the case of death by accident or occupational

disease51. Enquiry into accidents and cases of occupational disease52. Medical inspector to investigate and report

PART IXEMPLOYMENT OF YOUNG PERSONS

53. Young persons to have certificate of fitness 54. Hours of employment for young persons 55. Duty to maintain register56. Power to require medical examination

PART XSPECIAL APPLICATION AND EXTENSIONS

57. Provision re: lease of part of premises as a separate industrialestablishment

58. Application of Act to institutions

PART XISPECIAL PROVISIONS IN RESPECT OF FACTORIES, BUILDING

OPERATIONS AND WORKS OF ENGINEERING CONSTRUCTION

59. Construction and alteration of factories60. Notice of occupation of factory and use of mechanical power61. Postings62. Periodical returns of factory employees63. Building operations and works of engineering construction

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PART XII

THE OCCUPATIONAL SAFETY AND HEALTH AUTHORITY

64. Establishment of the Authority

65. Composition of the Authority

66. Functions of the Authority

67. Approval of codes of practice

68. Use of approved codes of practice in criminal proceedings

PART XIII

ADMINISTRATION

69. Establishment of the Agency

69A. Transfers

70. Duties of Chief Inspector

71. Inspector and medical inspector

72. Powers of inspectors

73. Power to take samples

74. Power of inspectors re: dangerous conditions and practices

75. Preservation of registers and records

76. Protection against victimization of employees

77. Source of complaints not to be divulged

78. Penalty for unlawful disclosures

79. Inspector to produce certificate of appointment80. Power of inspectors to conduct court proceedings81. Inspector not liable82. “Inspector” defined

PART XIV

OFFENCES, PENALTIES AND LEGAL PROCEEDINGS

83. Criminal and other remedies

84. Power of Court to order remedy

85. Penalty where none is expressly provided

86. Fines in case of death or injury

87. Fine for offence by parent

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88. Forgery of certificates, false entries and false declarations

89. Provision for employer, occupier or owner to exempt himselffrom liability

90. Proceedings against persons other than employers, occupiersor owners

91. Procedure for prosecution

92. Appeal from orders of court

93. Limitation of time for prosecution

94. Special provisions as to evidence

95. Serving and sending of documents

96. Power of Court to modify agreements

97. Power of Court to apportion expenses

97A. Determination of safety and health offences

97B. Time limit

PART XV

MISCELLANEOUS

98. Ordinance and Acts repealed

99. Power to make regulations

100. Power of Minister to make certain Orders

SCHEDULE 1

LIST OF OCCUPATIONAL DISEASES

SCHEDULE 2

THE OCCUPATIONAL SAFETY AND HEALTH AUTHORITY RULES

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Legal Supplement Part C to the “Trinidad and Tobago Gazette’’, Vol. 40,No. 23, 6th February, 2001

No. 6 of 2001

First Session Sixth Parliament Republic of Trinidadand Tobago

HOUSE OF REPRESENTATIVES

BILL

AN ACT respecting the safety, health and welfare ofpersons at work

PRINTED BY THE GOVERNMENT PRINTER, PORT-OF-SPAIN

REPUBLIC OF TRINIDAD AND TOBAGO—2001

THE OCCUPATIONAL SAFETY AND HEALTH (NO. 2)BILL, 2001

Explanatory Note

(These notes form no part of the Bill, but are intended only toindicate its general purport)

This Bill, which would repeal the Factories Ordinance, 1948and the Employment of Women (Night Work) Act, Chap. 88:12,provides for the revision and extension of the present lawregarding the safety, health and welfare of persons at work inorder to keep pace with the country’s rapid industrialisation.Indicated in this Note are some of the areas in which the proposedlegislation would depart significantly from the law which nowobtains.

The Ordinance applies only to persons employed in factories,but the jurisdiction of this Bill would be wide enough to embraceall persons at work.

The Bill distinguishes employers from occupiers and seeks toimpose appropriate duties on an employer in relation to hisemployees and on an occupier in relation to persons in theindustrial establishment, whether or not such persons areemployed by the occupier. Part II of the Bill, therefore, provides forthe general duties of employers to their employees, of employersand self-employed persons to persons other than their employees,of occupiers to persons in, and in the vicinity of their industrialestablishments, of employees at work and of manufacturers andsuppliers.

Special provision is made in clause 6 of the Bill with respectto the duty of employers to give employees any hazard informationas defined in clause 4(1) pertaining to any dangerous or toxicsubstance with or in proximity to which the employees work andwith respect to the working conditions of pregnant employees.

Part III of the Bill provides for the right of an employee, withcertain exceptions, to refuse to work or to do particular workwhere he has reason to believe that in so doing he is likely toendanger himself or another employee and sets out a procedure forthe reporting, investigation and resolution of the matter.

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Part IV of the Bill provides for additional safetyrequirements in respect of the employment of young persons ondangerous machines, protective clothing and devices anddangerous fumes and lack of oxygen.

Part V of the Bill makes provision in relation to means forfire-fighting and escape in case of fire.

Health requirements under Part VI of the Bill includeprovisions for the cleanliness of industrial establishments,respiratory protection where necessary, proper lighting, thecontrol of noise and vibration, the prevention of overcrowding,adequate ventilation and more rigorous medical examinations,including pre-employment medical examinations.

By Part VII of the Bill, new and improved measures areadded to the law relating to welfare facilities for employedpersons. These include the provision, at no expense to suchpersons, of adequate and easily accessible supplies of drinkingwater, washing up facilities, sanitary conveniences,accommodation for clothing, first aid appliances, canteens,restrooms and lunchrooms. In the larger industrialestablishments, occupiers would be required to provide anambulance and a first aid room with medical and nursing staff.

Part VIII of the Bill provides for the notification of the ChiefInspector, and the investigation of accidents which may beprejudicial to the safety or health of the public or which cause orhave the potential of causing death or serious injury. Seriousinjury is defined in clause 46(6) as such bodily injury as is likely toprevent the victim thereof from performing the duties of hisemployment for three or more days. Where death or critical injuryas defined in clause 47(2) occurs, the scene of the incident must bepreserved.

This Part also provides for the reporting by medicalpractitioners of cases of industrial disease and the investigation ofsuch reports. The list of industrial diseases is set out inSchedule 1.

By Part IX of the Bill, no young person shall be employed towork in an industrial establishment unless a medical practitioner,on the application of the young person or his parent, has examinedthe young person and has ascertained his fitness for employmentin that industrial establishment. A young person is defined inclause 4(1) as a person between the ages of fourteen and eighteenyears. Clause 54 also restricts the hours of employment of youngpersons.

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Part XI of the Bill introduces another important innovation—the requirement that the construction plans of all proposedfactories and warehouses be submitted to the Chief Inspector forhis approval.

Part XII of the Bill establishes the Occupational Safety andHealth Authority (hereinafter referred to as “the Authority”). TheAuthority would consist of a Chairman and Deputy Chairmanappointed by the Minister, an Executive Director who would be apublic officer, representatives of the Ministries responsible foroccupational safety and health, health and energy industries andrepresentatives of employers’ organisations, employees’organisations and such other organisations as the Ministerconsiders appropriate. The functions of the Authority, which aregenerally of an advisory nature, are set out in clause 66 of the Bill.

Clause 67 of the Bill provides for the approval of codes ofpractice by the Authority for the purpose of providing practicalguidance with respect to the requirements of the proposedlegislation and clause 68 provides for the use of such codes ofpractice as evidence in criminal proceedings.

Part XIII of the Bill establishes the Occupational Safety andHealth Agency (hereinafter referred to as “The Agency”). TheAgency shall be headed by an Executive Director and shall alsoconsist of a Deputy Director, a Secretary and two other personswith necessary expertise who shall assist in its management. TheAgency shall direct the operations of several technical units andshall give effect to the policy of the Authority.

This part of the Bill also provides for the powers of inspectorswho assume thereunder a new status and with it, additionalauthority. Clause 74 in particular empowers inspectors to issueprohibition or improvement notices to occupiers where safety isendangered so as to prohibit or restrict, as the case may be, theuse of premises, plant or machinery, until satisfactoryarrangements are made to effectively control the source of danger.

Severe penalties would be imposed on an inspector whodivulges certain information obtained by him in the course of hisduties, but correspondingly he would also be assured of legalprotection for acts done in the proper discharge of those duties.

Part XIV of the Bill makes provision with respect to offences,penalties and legal proceedings. A person who contravenes aprovision of the proposed legislation or fails to comply with any

4

prohibition, restriction, instruction or directive issued thereundercommits an offence and is liable to be dealt with in accordancewith the Summary Courts Act, Chap. 4:20. Where no penalty forthe offence is expressly provided for, the offender is liable, onsummary conviction, to a fine of twenty thousand dollars and toimprisonment for one year and to a further fine of ten thousanddollars for each day on which the offence is continued afterconviction.

Additionally, a person who is aggrieved by a contravention ofa provision of the proposed legislation or the failure to comply withany prohibition, restriction, instruction or directive issuedthereunder may apply to the Industrial Court for redress and theIndustrial Court may impose any penalty, other than a term ofimprisonment, that a summary court may impose in respect of thecontravention or failure to comply and may make an award infavour of the aggrieved person.

The Act for which this is the Bill would be inconsistent withsections 4 and 5 of the Constitution and therefore is required to bepassed by a special majority of three-fifths of the members of eachHouse.

5

BILL

AN ACT respecting the safety, health and welfare ofpersons at work

[ , 2001]

WHEREAS it is enacted inter alia by subsection (1) ofsection 13 of the Constitution that an Act to which that

7

Preamble

section applies may expressly declare that it shall haveeffect even though inconsistent with sections 4 and 5 ofthe Constitution and, if any such Act does so declare, itshall have effect accordingly:

And whereas it is provided by subsection (2) of thesaid section 13 of the Constitution that an Act to whichthis section applies is one the Bill for which has beenpassed by both Houses of Parliament and at the finalvote thereon in each House has been supported by thevotes of not less than three-fifths of all the members ofthat House:

And whereas it is necessary and expedient that theprovisions of this Act shall have effect even thoughinconsistent with sections 4 and 5 of the Constitution:

ENACTED by the Parliament of Trinidad and Tobago asfollows:—

PART I

PRELIMINARY

1. This Act may be cited as the Occupational Safetyand Health Act, 2001.

2. This Act shall come into operation on such date asthe President may appoint by Proclamation.

3. This Act shall have effect even though incon-sistent with sections 4 and 5 of the Constitution.

4. (1) In this Act, except where otherwise expresslyprovided—

“agency” means the Occupational Safetyand Health Agency established undersection 69;

“air contaminant” means airborne solid, liquid,fume or gaseous matter, radioactivefallout, odour, micro-organism or any

8

Enactment

Short title

Commencement

Act inconsistent withthe Constitution

Interpretation

combination of them, in such con-centration or quantities as to impair thequality of the working environment or toexpose persons to risks to their health;

“approved standard” means a national orinternational standard so declared oradopted by the Trinidad and TobagoBureau of Standards under the StandardsAct, 1997;

“Authority” means the Occupational Safetyand Health Authority established undersection 64;

“bodily injury” includes injury to physical andmental health;

“building operation” means the construction,structural alteration, repair ormaintenance of a building (including re-painting, re-decoration and externalcleaning of the structure), the demolitionof a building, and the preparation for, andlaying the foundation of, an intendedbuilding, but does not include anyoperation which is a work of engineeringconstruction within the meaning of thisAct;

“calendar year” means the period of twelvemonths beginning with 1st January in anyyear;

“Chief Inspector”, means the person appointedas such under section 70(1);

“Chief Medical Officer” means the publicofficer holding, or acting in, the office ofChief Medical Officer;

“child” means a person who has not attainedthe age of fourteen years;

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“clerical work” includes writing, book-keeping,filing, duplicating, machine calculating,drawing, electronic data and wordprocessing, the editorial preparation ofmatter for publication, computer data,word processing and secretarial work;

“confined space” means a space in which,because of its construction, location orcontents, or of work activity therein, theaccumulation of a dangerous dust or fumeor the creation of oxygen deficientatmosphere may occur;

“Court”—(a) in relation to criminal

proceedings, means a court ofsummary jurisdiction; or

(b) in relation to proceedings undersection 83(1)(b), means theIndustrial Court;

“dangerous” means likely to create risk tosafety or health or cause bodily injury;

“employee” means any person who has enteredinto or works under a contract with anemployer to do any skilled, unskilled,manual, clerical or other work for hire orreward, whether the contract is expressedor implied, oral or in writing or partly oraland partly in writing;

“employer” means a person who employspersons for the purpose of carrying outany trade, business, profession, office,vocation or apprenticeship;

“factory” means premises in which, or withinthe curtilage or precincts of which, personsare employed, by way of trade, or intended

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trade, or for purposes of gain, in orincidental to any process, including—

(a) the making, demolishing, altering,repairing, warehousing, ornament-ing, furnishing, distributing,cleaning, washing, breaking up oradapting for sale, of any article orproduct, or the filling ofcontainers;

(b) the slaughtering of animals orpoultry;

(c) the production of cinematographfilms or other audiovisualmaterial;

(d) the storing of gas;(e) the transforming or converting of

materials or chemicals;(f) the supplying and maintaining of

services in connection with waterand sewerage; and

(g) the testing or analysing of anysubstance,

and premises shall not be excluded fromthis definition by reason only that they areopen air premises;

“fire authority” means the public officerholding, or acting in, the office of ChiefFire Officer;

“fugitive emissions” means any gas, vapour orliquid which escapes unintentionally fromany part of a plant or machinery;

“hazard information” means information onthe proper and safe use, storage, transportand handling of a dangerous substanceand includes information relating to thetoxicological properties of the substance;

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“Industrial Court” means the court establishedunder the Industrial Relations Act;

“industrial establishment” means a factory,shop, office, place of work or otherpremises but does not include premisesoccupied for residential purposes only;

“inspector” means a person designated as suchunder section 70(1)(a);

“machinery” means a part or an assemblage ofparts, fixed or movable, by which motionor force is transmitted;

“maintained” means kept in an efficient state,in efficient working order, and in goodrepair;

“medical inspector” means a person designatedor appointed in accordance with section71(1)(b);

“medical practitioner” means a personregistered under the Medical Board Act;

“Minister” means the Minister to whomresponsibility for the administration ofoccupational safety and health is assigned;

“municipal corporation” means a municipalcorporation continued or establishedunder sections 3 and 4 of the MunicipalCorporations Act, 1990;

“occupational disease” means a disease listedin Schedule 1;

“occupier” means the person who has theultimate control over the affairs of anindustrial establishment;

“owner” means the person for the time beingreceiving the rackrent of the premises inconnection with which the word is used,whether on his own account or as agent or

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Chap. 88:01

Chap. 29:50

Act No. 21 of 1990

Schedule 1

trustee for any other person, or who wouldso receive the rackrent if the premiseswere let at a rackrent;

“parent” includes a guardian or person havingthe legal custody of, or the control over, achild or young person;

“period of employment” means the workinghours of an employee, inclusive of the timeallowed for meals and rest;

“plant” includes equipment or appliance;

“premises” includes any place, and, inparticular—

(a) any vehicle, vessel, aircraft, orhovercraft;

(b) any subterranean installation orinstallation on land, including theforeshore and other landintermittently covered by water;

(c) any offshore installation and anyother installation, whetherfloating or resting on the seabed orthe subsoil thereof or resting onother land covered with water orthe subsoil thereof; and

(d) any tent or movable structure;

“process” means a treatment applied to asubstance or material to produce thedesired result;

“public emergency” means the publicemergency by declared Proclamation bythe President under section 8 of theConstitution;

“sanitary conveniences” includes urinals,water-closets, latrines and other lavatoriesand such other conveniences necessary forthe personal hygiene of an employee;

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“self-employed person” means an individualwho works for gain or reward otherwisethan under a contract of employment,whether or not he himself employs others;

“ship” includes any description of vessel usedin aquatic navigation but not propelled byoars;

“shop” means a building, booth, stall or placewhere goods are handled or exposed forsale, or where services are offered for sale,and includes a hotel, restaurant, pub andrecreational facility;

“toxic substance” means any disinfectant, andany other substance known to bepoisonous, corrosive, irritating, sensitizingor harmful to man or animal that is usedin agriculture, the arts, commerce orindustry, or for any domestic or otherpurpose but does not include an antiseptic,drug, pesticide or preservative;

“woman” means a female person who hasattained the age of eighteen years;

“work of engineering construction” means theconstruction, structural alteration orrepair (including re-pointing and re-painting) or the demolition of any dock,harbour, inland navigation, tunnel, bridge,viaduct, waterworks, reservoir, pipe-line,aqueduct, sewer, sewerage works,gasholder, oil tank or road;

“workroom” means a room in which anemployee is required to work;

“young person” means a person who hasattained the age of fourteen but has notattained the age of eighteen years.

(2) A railway line or siding which is used inconnection with and for the purpose of a factory shall

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be deemed to be part of the factory, but if such line orsiding is used in connection with more than one factorybelonging to different occupiers, the line or siding shallbe deemed to be a separate factory.

(3) A workplace in which, with the permission ofor under agreement with the owner or occupier, two ormore persons carry on work, which would constitutethe workplace in a factory if the persons workingtherein were in the employment of the owner oroccupier, shall be deemed to be a factory for thepurposes of this Act, and the provisions of this Act shallapply as if the owner or occupier of the workplace werethe occupier of the factory and the persons workingtherein were persons employed in the factory.

(4) Premises shall not be excluded from thedefinition of an industrial establishment by reason onlythat they are open-air premises.

(5) Where the Minister by Order so directs, asrespects all or any of the purposes of this Act, two ormore industrial establishments shall be deemed to be asingle industrial establishment, and different branchesor departments of work carried on in the sameindustrial establishment shall be deemed to beseparate industrial establishments.

(6) Premises belonging to or in the occupation ofthe State shall not be excluded from the definition of anindustrial establishment.

(7) For the purposes of this Act, machinery orplant shall be deemed to have been constructed orreconstructed before the commencement of this Act andan industrial establishment or building shall bedeemed to have been constructed, reconstructed,extended, added to or converted for use as an industrialestablishment, before the commencement of this Act orthe coming into operation of any of the provisions ofthis Act, if the construction, reconstruction, extension,addition, or conversion was begun before the passing of

15

this Act or the coming into operation of any of theprovisions of this Act, as the case may be.

(8) A person who works in an industrialestablishment, whether employed by the occupier ornot, either in a process or in cleaning a part of theindustrial establishment used for a process, or incleaning or oiling the machinery or plant, or in anyother kind of work whatsoever incidental to orconnected with the process, or connected with thearticle made or otherwise the subject of the processtherein, shall except as is otherwise provided by thisAct, be deemed to be employed therein for the purposesof this Act.

(9) A young person who works in an industrialestablishment, whether for remuneration or not, incollecting, carrying or delivering goods, carryingmessages or running errands, shall be deemed to beemployed in the industrial establishment for thepurposes of this Act.

(10) Except where otherwise expressly provided,the provisions of this Act shall be in addition to and notin substitution for or in diminution of the provisions ofany other written law.

5. (1) Except as in this Act otherwise expresslyprovided, this Act shall apply only to industrialestablishments.

(2) This Act shall apply to industrial establish-ments belonging to or occupied by the State but in caseof any public emergency the Minister may, by Order, forthe duration of the period specified in the Order,exempt from this Act any industrial establishment—

(a) belonging to or occupied by the State; (b) in which work is being carried out on

behalf of the State; or (c) whose activities are vital to the national

welfare.

(3) This Act binds the State.

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General applicationof Act

PART II

GENERAL DUTIES

6. (1) It shall be the duty of every employer toensure, so far as is reasonably practicable, the safety,health and welfare at work of all his employees.

(2) Without prejudice to the generality of anemployer’s duty under subsection (1), the matters towhich that duty extends include in particular—

(a) the provision and maintenance of plant andsystems of work that are, so far as isreasonably practicable, safe and withoutrisks to health;

(b) arrangements for ensuring, so far as isreasonably practicable, safety and absenceof risks to health in connection with theuse, handling, storage and transport ofequipment, machinery, articles andsubstances;

(c) the provision of adequate and suitableprotective clothing or devices of anapproved standard to employees who in thecourse of employment are likely to beexposed to the risk of head, eye, ear, handor foot injury, injury from air contaminantor any other bodily injury and the provisionof adequate instructions in the use of suchprotective clothing or devices;

(d) the provisions of such information,instruction, training and supervision as isnecessary to ensure, so far as is reasonablypracticable, the safety and health at workof his employees;

(e) so far as is reasonably practicable asregards any place of work under theemployer’s control, the maintenance of it in

17

General duties ofemployers to theiremployees

a condition that is safe and without risks tohealth and the provision and maintenanceof means of access to and egress from itthat are safe and without such risks;

(f) the provision and maintenance of aworking environment for his employeesthat is, so far as is reasonably practicable,safe, without risks to health, and adequateas regards facilities and arrangements fortheir welfare at work;

(g) compliance with sections 7, 12, 37, 46, 75and 76, Parts III and IX and such otherduties as may be imposed on him byregulations; and

(h) subject to such exemptions as may beprescribed, the establishment of jointhealth and safety committee comprisingworker representatives and represen-tatives of management.

(3) An employer shall ensure that an employeewho works with or in proximity to a dangerous or toxicsubstance received from a supplier is informed aboutall hazard information the employer received from thesupplier concerning that substance and all furtherhazard information of which the employer is or ought tobe aware concerning its use, storage and handling.

(4) An employer who produces a dangerous ortoxic substance shall ensure that every employee whoworks with or in proximity to that substance isinformed about all hazard information of which theemployer is or ought to be aware concerning thatsubstance and its use, storage and handling.

(5) An employer shall, upon the direction of theChief Inspector, prepare or revise, in consultation withthe representatives of his employees, a writtenstatement of his general policy with respect to thesafety and health of persons employed in the industrial

18

establishment, specifying the organization andarrangements for the time being in force for carryingout that policy and the requirements of subsections (1)to (4), and the employer shall submit the statement andany revision thereof to the Chief Inspector and bringthem to the notice of all persons employed in theindustrial establishment.

(6) An employer shall, after being notified by afemale employee that she is pregnant and uponproduction of a medical certificate to that effect, adaptthe working conditions of the female employee toensure that she is not—

(a) involved in the use of, or exposed to,chemicals, substances or anythingdangerous to the health of the unbornchild; or

(b) subjected to working conditions dangerousto the health of the unborn child,

and where appropriate, the employer may assignalternative work, where available, to her withoutprejudice to her right to return to her previous job.

(7) Where a female employee who has notified heremployer of her pregnancy under section 6(6) is nolonger pregnant she shall immediately upon discoveryof this fact notify her employer and shall produce amedical certificate to that effect.

7. (1) It shall be the duty of every employer toconduct his undertaking in such a way as to ensure, sofar as is reasonably practicable, that persons not in hisemployment, who may be affected thereby are notthereby exposed to risks to their safety or health.

(2) It shall be the duty of every self-employedperson to conduct his undertaking in such a way as toensure, so far as is reasonably practicable, that he andother persons, not being his employees, who may beaffected by his actions are not thereby exposed to risksto their safety or health.

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General duties ofemployers and self-employed persons topersons other thantheir employees

(3) In such cases as may be prescribed, it shall bethe duty of every employer and every self-employedperson, in the prescribed circumstances and in theprescribed manner, to give to persons, not being hisemployees, who may be affected by the way in which heconducts his undertaking, the prescribed informationabout such aspects of the way in which he conducts hisundertaking as might affect their safety or health.

8. (1) Subject to Part X and except as otherwiseexpressly provided, it shall be the duty of everyoccupier of an industrial establishment to ensure thatthe following provisions are complied with:

(a) Parts IV to VII; (b) section 46; (c) Part XI; and (d) such other provisions of this Act or such

regulations as impose duties on him.

(2) An occupier shall, upon the direction of theChief Inspector, prepare or revise, in consultation withworker representatives in the industrial establishment—

(a) a written statement of his general policywith respect to the safety and health ofpersons employed in the industrialestablishment, specifying the organisationand arrangements for the time being inforce for carrying out that policy and theprovisions specified in subsection (1); or

(b) an emergency plan in writing which shallinclude—

(i) suitable and rapid means ofobtaining first aid help andtransportation from the industrialestablishment to a hospital forinjured workers; and

(ii) measures and procedures to beused to control a major fire, to

20

General duties ofoccupiers

react to serious damage to theindustrial establishment, toevacuate the industrial establish-ment and to notify rescuepersonnel,

and the occupier shall submit the statement or theemergency plan, as the case may be, and any revisionthereof to the Chief Inspector and bring them to thenotice of all persons employed in the industrialestablishment.

(3) The Chief Inspector may, having regard to thestatement or the emergency plan submitted undersubsection (2), direct the occupier to appoint at his ownexpense, a Safety Practitioner who shall assist inensuring that the policy and the provisions specified insubsection (1) or the requirements of the emergencyplan, as the case may be, are complied with.

(4) An occupier shall ensure, as far as reasonablypracticable, that no unsafe structure exists in theindustrial establishment that is likely to exposepersons to risks to bodily injury.

9. (1) The occupier of every industrial establishmentshall be under a duty to take steps to protect the safetyand health of the public in the vicinity of his industrialestablishment as laid down by the EnvironmentalManagement Authority from dangers created by theoperation or processes carried on therein, and shalltake special care to ensure that plant and equipmentused therein are of such integrity and that suchadequate safety systems exist as to prevent theoccurrence of fugitive emissions.

(2) Where the Chief Inspector is of the view thatthe steps taken under subsection (1) are inadequate, hemay issue directions in writing to the occupier

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General duty ofoccupier to protectsafety and health ofpublic

specifying the measures to be taken in an industrialestablishment or in its vicinity to prevent injury to thepublic and the period within which those measures areto be taken.

(3) Directions under subsection (2) may include arequirement—

(a) to obtain and implement advice fromspecialists or expert consultants;

(b) to implement measures to abate nuisancesarising from the operations carried on inindustrial establishments; or

(c) to implement measures to prevent theoccurrence of fugitive emissions.

(4) An occupier who fails to comply with directionsissued under subsection (2) commits an offence.

10. (1) It shall be the duty of every employee whileat work—

(a) to take reasonable care for the safety andhealth of himself and of other persons whomay be affected by his acts or omissions atwork;

(b) as regards any duty or requirementimposed on his employer to co-operate withhim so far as necessary to ensure that thatduty or requirement is performed orcomplied with; and

(c) to use correctly the personal protectionclothing or devices provided for his use.

(2) An employee who contravenes subsection (1)commits a health and safety offence and is liable, onthe determination of the Industrial Court to a fine offive thousand dollars.

(3) An employee who wilfully and withoutreasonable cause does anything likely to endanger

22

General duties ofemployees at work

himself or another at work commits a health and safetyoffence and is liable on the determination of theIndustrial Court to a fine of ten thousand dollars.

(4) Notwithstanding subsections (2) and (3) anemployer may discipline, in the customary maner, anemployee who breaks the safety provisions of this Act.

11. (1) No person shall wilfully or recklesslyinterfere with or misuse any means, appliance,convenience or other thing provided in the interests ofsafety, health or welfare in pursuance of this Act.

(2) A person who contravenes subsection (1)commits an offence and is liable, on summaryconviction to a fine of one thousand dollars andimprisonment for three months.

12. No employer shall levy or permit to be levied onany employee of his in respect of anything done orprovided in pursuance of any specific requirement ofthis Act, except in respect of foodstuffs and other itemsserved in a canteen and things lost or damaged wilfullyor through the negligence of the employee.

13. (1) A person who designs, manufactures, importsor supplies any machinery or plant for use in anyindustrial establishment shall—

(a) ensure, so far as is reasonably practicable,that the machinery, plant or material issafe and without risks to health whenproperly used;

(b) take such steps as are necessary to ensurethat there will be available in connectionwith the use of machinery, plant ormaterial adequate information about theresults of any relevant tests which havebeen carried out on or in connection with

23

Duty not to interferewith or misusethings providedpursuant to Act

Certain chargesprohibited

General duties ofmanufacturers andsuppliers

the machinery or plant and about anyconditions necessary to ensure that it willbe safe and without risks to health or theenvironment when properly used.

(2) A person who undertakes the design ormanufacture of any machinery, plant or material shallcarry out or arrange for the carrying out of anynecessary research with a view to the discovery and, sofar as is reasonably practicable, the elimination orminimisation of any risks to health or safety to whichthe machinery or plant may give rise.

(3) It shall be the duty of any person who erects orinstalls any article for use at work in any premiseswhen that article is to be used by persons at work toensure, as far as reasonably practicable, that nothingabout the way in which it is erected or installed makesit unsafe or exposes persons to risks to their safety orhealth when properly used.

(4) Nothing in the preceding provisions of thissection shall be taken to require a person to repeat anytesting, examination or research which has beencarried out otherwise than by him or at his instance, inso far as it is reasonable for him to rely on the resultsthereof for the purpose of those provisions.

(5) Any duty imposed on any person by any of thepreceding provisions of this section shall extend only tothings done in the course of a trade, business or otherundertakings carried out by him (whether for profit ornot) and to matters within his control.

(6) Where a person designs, manufactures,imports or supplies any machinery, plant or materialfor, from or to another on the basis of a writtenundertaking by that other to take specified stepssufficient to ensure, so far as is reasonably practicable,that the article will be safe and without risks to healthwhen properly used, the undertaking shall have the

24

effect of relieving the first-mentioned person from theduty imposed by subsection (1) to such extent as isreasonable having regard to the terms of theundertaking.

(7) Where a person (“the ostensible supplier”)supplies any machinery, plant or material to another(“the customer”) under a hire-purchase agreement,conditional sale agreement or credit-sale agreement,and the ostensible supplier—

(a) carries on the business of financing theacquisition of goods by others by means ofsuch agreements; and

(b) in the course of that business acquired hisinterest in the machinery supplied to thecustomer as a means of financing itsacquisition by the customer from a thirdperson (“the effective supplier”),

the effective supplier and not the ostensible suppliershall be treated for the purpose of this section assupplying the machinery, plant or material to thecustomer, and any duty imposed by the precedingprovisions of this section on suppliers shall accordinglyfall on the effective supplier and not on the ostensiblesupplier.

(8) For the purpose of this section, machinery,plant or material is not to be regarded as properly usedwhere it is used without regard to any relevantinformation or advice relating to its use which has beenmade available by a person by whom it was designed,manufactured, imported or supplied.

(9) A person who sells or lets on hire, or as agentof the seller or hirer causes or procures to be sold or leton hire, for use in an industrial establishment, anymachinery, plant or material which does not complywith the requirements of this section, commits anoffence and is liable, on summary conviction to a fine often thousand dollars.

25

PART III

RIGHTS OF EMPLOYEES TO REFUSE WORK WHERE

SAFETY OR HEALTH IN DANGER

14. (1) This Part does not apply with respect to anemployee described in subsection (2)—

(a) when a circumstance described insection 15(a), (b) or (c) is inherent in theemployee’s work or is a normal condition ofthe worker’s employment; or

(b) when the employee’s refusal to work woulddirectly endanger the life, safety or healthof another person.

(2) The employee referred to in subsection (1)is—

(a) a member of the Defence Force, PoliceService, Fire Service or Prison Service;

(b) a person employed in the operation of— (i) a hospital, clinic, health centre,

nursing home, psychiatricinstitution, home for the aged,rehabilitation centre or otherestablishment;

(ii) a laboratory; (iii) a power plant or technical service

or facility used in conjunctionwith an institution, facility orservice described in subpara-graphs (i) or (ii).

15. An employee may refuse to work or do particularwork where he has reason to believe that—

(a) any machine, plant, device or thing he is touse or operate is likely to endanger himselfor another employee;

26

Application of Part

Refusal to work

(b) the physical condition of the workplace orthe part thereof in which he works or is towork is likely to endanger himself;

(c) any machine, plant, device or thing he is touse or operate or the physical condition ofthe workplace or part thereof in which heworks or is to work is in contravention ofthis Act or the regulations made under itand such contravention is likely toendanger himself or another employee.

16. Upon refusing to work or do particular work theemployee shall promptly report the circumstances ofthe intended refusal to the employer or hisrepresentative who shall forthwith investigate thereport in the presence of the employee and in thepresence of—

(a) a person who because of knowledge,experience and training is selected by thetrade union that represents the employee; or

(b) if there is no trade union, an employeeselected by the employees to representthem,

who shall be made available by his employer and shallattend without delay.

17. Where, following the investigation or any stepstaken to deal with the circumstances that caused theemployee to refuse to work or do particular work it isfound that the employee has reasonable grounds tobelieve anything mentioned in section 15, the employeemay refuse to work or do the particular work and theemployer or the employee or a person on behalf of theemployer or employee shall cause an inspector to benotified thereof.

18. (1) An inspector shall investigate the refusal towork in the presence of the employer or hisrepresentative, the employee and the person mentionedin section 16(a) or (b).

27

Report of refusal

Refusal to workfollowinginvestigation

Investigation byinspector

(2) The inspector shall, following the investi-gation, decide whether the machine, plant, device orthing or the workplace or part thereof is likely toendanger the employee or another person and shallgive his decision in writing within seventy-two hours tothe employer, the employee and the person mentionedin section 16(a) or (b) and the decision of the inspectorshall be complied with unless the Chief Inspectordecides otherwise.

(3) A person who is aggrieved by the decision ofthe inspector may apply to the Chief Inspector toreview the decision of the inspector.

(4) A person who fails to comply withthe decision of an inspector in accordance withsubsection (2) or the decision of the Chief Inspectorpursuant to subsection (2) commits an offence.

19. Pending and during an investigation, or pendingthe making of a decision, under this Part, the employeeshall, during normal working hours, be in a safe placein the industrial establishment and make himself or, asthe case may require, be made available to assist, ifnecessary, in the carrying out of the investigation.

20. Pending the investigation and decision of theinspector, no employee shall be assigned to use oroperate the machine, plant, device or thing in questionor to work in the workplace or in the part of theworkplace being investigated unless, in the presence ofthe person mentioned in section 16(a) or (b), theemployee has been advised of the other employee’srefusal and of his reasons for the refusal.

21. Pending and during an investigation under thisPart, the employee and the person mentioned insection 16(a) or (b) shall be deemed to be at work andhis employer shall pay him at the usual rate.

28

Employee to beavailable

Duty to advise otheremployees

Entitlement to bepaid

21A. In an industrial establishment every—(a) dangerous part of any machine;(b) prime mover; and(c) part of the transmission machinery,

shall be effectively safeguarded acccording to Part II ofthe Regulations.

PART IV

SAFETY

22. (1) In every industrial establishment, no youngperson shall work at a machine to which this sectionapplies, unless he has been fully instructed as to thedangers arising in connection with its operation, andthe precautions to be observed, and—

(a) has received sufficient training in work atthe machine; or

(b) is under adequate supervision by a personwho has special knowledge and experiencein the operation of the machine.

(2) This section applies to such machines as maybe prescribed, being machines which are of such adangerous character that a young person ought not towork at them unless the requirements of subsection (1)are complied with.

23. (1) All persons entering an area in an industrialestablishment where they are likely to be exposed tothe risk of head, eye, ear, hand or foot injury, injuryfrom air contaminant or any other bodily injury, shallbe provided with suitable protective clothing or devicesof an approved standard and adequate instructions inthe use of such protective clothing or devices, and noperson shall be permitted to be in any such area unlesshe is wearing such protective clothing or device.

29

Employment ofyoung persons ondangerous machines

Effectivesafeguarding ofmachinery

Protective clothingand devices

(2) In every area where protective clothing ordevices are required to be worn under subsection (1), anotice to that effect shall be conspicuously displayed.

24. (1) Where, in connection with the carrying on ofa process, there is given off dust or fumes or otherimpurity of such a character and to such an extent as tobe likely to be injurious or offensive to employees in anindustrial establishment, all practicable measures shallbe taken by the occupier to protect the employeesagainst inhalation of the dust or fumes or otherimpurity and to prevent its accumulation in anyworkroom, and where the nature of the process makesit practicable, exhaust appliances shall be provided andmaintained as near as possible to the point of origin ofthe dust or fumes or other impurity, so as to preventcontamination of the air of the workroom.

(2) Where steam is discharged into a room wherepersons are normally required to work, effective stepsshall be taken to dissipate the steam from that room.

25. (1) In any industrial establishment, no personshall enter or be permitted to enter a chamber, tank,vat, pit, pipe, flue or other confined space in whichdangerous fumes are likely to be present to such anextent as to involve the risk of persons being overcomethereby unless it is provided with a manhole ofadequate size or other effective means of egress.

(2) In every industrial establishment no personshall enter or be permitted to enter any confined spacesuch as is referred to in subsection (1) until all practicalmeasures have been taken to remove the fumes whichmay be present and to prevent the ingress of fumesand—

(a) unless—(i) the sludge or other deposit likely

to give off dangerous fumes has

30

Removal of dust andfumes

Dangerous fumesand lack of oxygen inconfined spaces

been removed and the spacecontains no other material likelyto give off dangerous fumes;

(ii) the space has been adequatelyventilated and tested fordangerous fumes and has asupply of air adequate forrespiration; and

(iii) a certificate in writing, for aperiod of validity for a specifiedperiod, has been given by acompetent person, based on a testcarried out by himself, that thespace is free from dangerousconcentrations of dangerousfumes and fit for persons to enter;or

(b) unless—(i) the person is wearing suitable

breathing apparatus and a beltsecurely attached to a lifeline, theend of which is held by a personstanding outside the confinedspace; and

(ii) a certificate in writing, for aperiod of validity which shall notexceed eight hours, has beengiven by a competent person,based on a test carried out byhimself, that the space is freefrom dangerous concentrations offlammable fumes.

(3) In every industrial establishment in whichwork is to be done in a confined space and in whichdangerous fumes are likely to be present, there shall beprovided and kept readily available for instant usesufficient supply of breathing apparatus of an approvedstandard, of belts, ropes or other appropriate life lines

31

and of suitable reviving apparatus and oxygen, whichapparatus, belts, ropes or other appropriate life linesshall be maintained and shall be thoroughly examinedat least once a month or at such other intervals as maybe approved by a competent person and a report onevery such examination, signed by the person makingthe examination and containing the requiredparticulars, shall be kept available for inspection.

(4) A sufficient number of employees shall betrained and practised in the use of the apparatusmentioned in subsection (3) and in a method ofrestoring respiration and at least one such person shallbe available at any time when work is being carried onin any confined space referred to in subsection (1).

(5) No person shall enter or remain in anyconfined space in which the proportion of oxygen in theair is or is likely to be reduced so as to expose theperson to risks to his safety or health unless either—

(a) he is wearing suitable breathingapparatus; or

(b) the space has been and remains adequatelyventilated and a competent person hastested and certified it as safe for entrywithout breathing apparatus.

(6) No person shall be permitted to enter afurnace, boiler, chamber, kiln, tank, vat, pipe, flue orother confined space for the purpose of working ormaking an examination therein until it has beensufficiently cooled by ventilation or otherwise to be safefor persons to enter taking into consideration the use ofprotective clothing or devices.

(7) No portable electric light of voltage exceedingtwenty-four volts shall be permitted for use inside anyconfined space referred to in subsection (1) and, wherethe fumes present are likely to be flammable, no lampor light, other than one with a flame-proof enclosure or

32

one that is intrinsically safe, shall be permitted to beused in such confined space, except that where theconditions are arduous, a centre-tapped transformershall be used so that the potential differences betweenthe live conductors and earth will not exceed twelvevolts.

(8) For the purposes of this section— (a) “competent person” means a person,

whether employed by the occupier or not,who has adequate knowledge of andexperience in dealing with dangerousfumes, and who is certified by the ChiefInspector, to perform examinations andissue certificates under this section; and

(b) “fumes” includes gas or vapour.

(9) The Minister may make Regulations toprovide for the process of certification of competentpersons by the Chief Inspector.

(10) It shall be the duty of the occupier to ensureas far as is reasonably possible that the requirementsof this section are complied with to the satisfaction ofthe Chief Inspector.

PART V

FIRE

26. (1) This section applies only to industrialestablishments—

(a) in which the aggregate number ofpersons employed in a building exceedstwenty;

(b) in which more than ten persons areemployed in the same building, above theground floor of the building; or

(c) in which explosive, highly flammable ortoxic materials are stored or used.

33

Means of escape incase of fire

(2) Every occupier shall ensure that hisindustrial establishment is certified every twenty-fourmonths by the fire authority as being provided withsuch means of escape in the case of fire for the personsemployed therein as may reasonably be required in thecircumstances of each case and, if premises withrespect to which no such certificate is in force are usedas an industrial establishment, the occupier commitsan offence and is liable, on summary conviction, to afine of ten thousand dollars and to imprisonment for sixmonths and to a further fine of one thousand dollars foreach day on which the offence continues.

(3) It shall be the duty of the fire authority toexamine the industrial establishment and on beingsatisfied that subsection (2) is complied with, give acertificate to that effect, and where that subsection isnot complied with, the fire authority may by notice inwriting require the occupier to make such alterations,within such period as may be specified in the notice.

(4) The certificate, which shall be kept on thepremises by the occupier and made available forinspection by the fire authority or an inspector, shallspecify precisely and in detail the means of escapeprovided and shall contain particulars as to—

(a) the maximum number of persons employedor proposed to be employed in theindustrial establishment as a whole and, ifthe fire authority thinks fit, the maximumnumber in any specified part thereof;

(b) explosive or highly flammable materialstored or used;

(c) the nature and frequency of the periodicfire fighting drills;

(d) the purposes for which the premises areused;

34

(e) the means for giving warning in the eventof a fire;

(f) the means available to persons on thepremises for fighting fire;

(g) the measures for securing the means ofescape; and

(h) any other matters taken into account ingranting the certificate,

and the fire authority shall send a copy of thecertificate to both the Chief Inspector and theappropriate municipal corporation.

(5) The means of escape specified in thecertificate shall be properly maintained and kept freefrom obstruction at all times.

(6) Where, after the grant of a certificate, it isproposed to make any extension or structural alterationof the premises or to increase the number of personsemployed in the industrial establishment, or to store oruse explosive or highly flammable material in theindustrial establishment or to increase the extent ofsuch storage or use, the occupier shall give notice inwriting of the proposal to the fire authority and also tothe appropriate municipal corporation.

(7) Where the fire authority on receipt of thenotice referred to in subsection (6) is of the opinion thatthe means of escape will be adversely affected by theproposed changes, or that such means have by reasonof changed conditions become insufficient, it may bynotice in writing require the occupier to comply withsuch directives, within such period of time, as it mayspecify.

(8) The fire authority may, by notice in writing,prohibit or restrict the use of an industrialestablishment or require the occupier to make, within

35

the period specified in the notice, alterations for thepurposes of providing a safe means of escape in case offire if—

(a) it appears to the fire authority thatdangerous conditions with regard to escapein case of fire exist in the industrialestablishment; or

(b) it appears to an inspector that conditionsreferred to in paragraph (a) exist and theinspector requests the fire authority inwriting to examine the industrialestablishment for the purposes ofexercising his powers under this section.

(9) The occupier shall, within the periodspecified in the notice issued by the fire authorityunder this section, carry out, the alterations requiredby the notice, and upon their being carried out, theoccupier shall notify the fire authority in writing andthe fire authority shall amend the certificate or issue anew certificate, and shall send a copy of the amended ornew certificate to the Chief Inspector, and if thealterations are not so carried out, the fire authorityshall, without prejudice to the taking of otherproceedings, cancel the certificate.

(10) Where the occupier fails to notify the fireauthority in respect of the matters referred to insubsection (6), or where he fails to comply with suchdirectives as the fire authority may give undersubsection (7) or (8), he commits an offence and isliable, on summary conviction, to a fine of ten thousanddollars and to a further fine of one thousand dollars foreach day on which the offence continues.

(11) Where a request is made by an inspectorunder subsection (8), the fire authority shall inform theChief Inspector and the appropriate municipalcorporation of his findings and of any action taken forremedying the dangerous conditions, if any.

36

(12) Where the occupier is aggrieved by adecision of the fire authority under this section, he mayobject by way of complaint within seven days of thedecision to the Court and, pending the finaldetermination of the complaint, the Court may, onapplication ex parte by the occupier, make such interimorders as it thinks fit.

(13) An examination by the fire authority underthis section shall be carried out only by officersauthorised in writing by that authority (hereinafterreferred to as “authorised officers”) to carry out thatexamination or generally to carry out examinationsunder this section.

(14) An authorised officer may, in the exercise ofhis powers under subsection (13), be accompanied byany person approved by the fire authority.

(15) An authorised officer may, for the purposesof exercising his powers under subsection (13), enter anindustrial establishment at any time, on the conditionthat he produces documentary evidence of his authorityif required to do so.

(16) A person who wilfully obstructs anauthorised officer in the exercise of his duty under thisAct is liable, on summary conviction, to a fine of twothousand dollars and to imprisonment for six months.

27. (1) In every industrial establishment, the doorsthat are provided for use as fire exits shall, while workis in progress at that industrial establishment, beeither left unlocked, or secured in such a way as to becapable of being readily and quickly opened from theinside.

(2) Every door opening onto a staircase orcorridor from a room in which more than ten personsare employed, and all other doors affording a means ofexit from the industrial establishment for personsemployed therein, shall be constructed to open

37

Safety provisions incase of fire

outwards and a sliding door shall not be the final exit ofan industrial establishment unless the occupier obtainsthe written permission of the fire authority to use sucha door.

(3) Every liftway inside a building shall becompletely enclosed with fire resisting material, and allmeans of access to the lift shall be fitted with doors offire resisting materials, except that the top of suchliftway shall be enclosed by some material easilybroken in case of fire, or shall be provided with a vent.

(4) Every door or other exit or exit routeaffording means of escape in case of fire or givingaccess thereto, other than the means of exit in ordinaryuse, shall be distinctly and conspicuously marked by anotice printed in green letters on a white backgroundand the letters shall be of such size as the fire authoritymay specify.

(5) The doors, exit or exit routes mentioned insubsection (4) shall be fitted with emergency lightingand well maintained luminous or illuminated exit signsif the industrial establishment is used at night orwhere insufficient lighting is likely to occur during anelectrical power failure.

(6) Subject to subsection (7), where in anindustrial establishment more than twenty persons areemployed in the same building, or where explosives,highly flammable or toxic materials are stored or usedin a building in which persons are employed, the fireauthority shall direct the occupier to make sucheffective provisions as the fire authority thinks fit, forgiving warning in case of fire, and such warning shallbe clearly audible throughout the building and distinctfrom any other signal in use on the premises.

(7) Where part of a building is let as anindustrial establishment and the aggregate number ofpersons employed in the building at any one timeexceeds twenty, the fire authority shall direct the owner

38

of the building to make such effective provisions as thefire authority thinks fit for giving warning in case offire, and such warning shall be clearly audiblethroughout the building and distinct from any othersignal in use on the premises.

(8) Such warning signs as the fire authority mayspecify shall be prominently displayed in an industrialestablishment in which explosives or highly flammablematerials are stored or used.

(9) The contents of every room in whichemployees work shall be so arranged that there is forall employees in the room a free passageway leading toa means of escape in case of fire.

28. Where in an industrial establishment more thantwenty persons are employed in the same buildingabove the ground floor, or where explosive or highlyflammable materials are stocked or used in a buildingwhere persons are employed, effective steps shall betaken to ensure that all employed persons are familiarwith the means of escape, their use and the routine tobe followed in case of fire and a record of the numberand frequency of evacuation drills shall be kept andpresented, on demand, for inspection by the fireauthority.

29. In every industrial establishment there shall beprovided, maintained and kept readily available for useappropriate fire equipment approved by the fireauthority for fighting fire and the occupier shall ensurethat a sufficient number of persons trained in usingsuch equipment are available during the working hoursand a record of the number of persons trained and thefrequency of lectures and fire drills shall be kept andpresented on demand, for inspection by the fireauthority.

30. The Chief Inspector on receiving a report inwriting by the fire authority may prosecute or conduct

39

Provision foradequate fire-fighting equipment

Instructions as to useof means of escape incase of fire

Power of ChiefInspector to conductcourt proceedings

before the court any complaint or other proceedingsarising under, or in the discharge of his duties undersections 26 to 29.

PART VI

HEALTH

31. Every industrial establishment shall be keptclean and free from effluvia arising from any drain,sanitary convenience or other source, and, withoutprejudice to the generality of the foregoing provision—

(a) accumulations of dirt and refuse shall beremoved daily, where practicable, bysuitable methods from the floors, benches,furniture, furnishings and fittings ofworkrooms, and from the staircases andpassages;

(b) the floors of every workroom shall be keptclean and properly maintained;

(c) effective means shall be provided,maintained and used to prevent thebreeding of insects, rats, mice or othervermin; and

(d) effective means shall be provided andmaintained for the draining of wet floorsand yards, where necessary.

32. Respiratory protection of an approved standardshall be provided and maintained, where necessary, foruse by all persons in the industrial establishment.

33. (1) In every part of an industrial establishmentwhere employees are working or passing, there shall beprovided and maintained sufficient and suitablelighting, natural or artificial, or both, in accordancewith approved standards.

40

Cleanliness

Respiratoryprotection

Lighting

(2) In every industrial establishment, effectiveprovision shall, so far as is practicable, be made for theprevention of—

(a) glare, either directly from a source of lightor by reflection from a smooth or polishedsurface; and

(b) the formation of shadows to such an extentas to cause eye-strain or the risk ofaccident to any person.

(3) In every industrial establishment, all glazedwindows and sky lights used for the lighting ofworkrooms shall be kept clean from inside and outsideand shall be free from any obstruction.

34. (1) Every occupier shall take adequate steps toprevent hearing impairment caused by noise, anddiseases caused by vibration, from occurring to personsin, or in the vicinity of, his industrial establishmentand shall comply with such directives as—

(a) the Chief Inspector may issue, in order toreduce the level of noise or vibrationgenerated by a machine, device or process;and

(b) the Chief Medical Officer may issue, inorder to protect persons employed fromhearing impairment caused by noise orfrom diseases caused by vibration.

(2) It shall be the duty of the occupier—(a) to ensure that all protective equipment

necessary for compliance with sub-section (1) is worn or used by employees atall appropriate times;

(b) to arrange for the initial and periodicmedical examination and assessment ofthose employees who are exposed to therisk of injury to their hearing or ofcontracting a disease caused by vibration;

41

Noise and vibration

(c) to keep a record of the results ofexaminations and assessments underparagraph (b) which shall includeaudiometric tests and the monitoring of thework environment; and

(d) to arrange programmes for hearingconservation.

35. (1) An industrial establishment shall not be soovercrowded as to cause risk of injury to the health ofthe persons employed therein.

(2) Without prejudice to the generality ofsubsection (1), in every workroom or other work spacein a factory there shall be allowed for every personemployed in the room or space not less than fourhundred cubic feet of space, except that in anyworkroom or other work space with not less than oneside, or the equivalent area of openings, being not lessthan twenty-five per cent of the total area of all sides ofthe room or space, open to the outer air the amount ofspace allowed for every person employed in the room orspace shall not be less than two hundred and fifty cubicfeet.

(3) In calculating, for the purposes of thissection, the amount of cubic space in any workroom orwork space, no space more than fourteen feet from thefloor shall be taken into account, and, where a roomcontains a gallery in which persons are employed, thegallery shall be treated for the purposes of this sectionas if it were partitioned off from the remainder of theroom and form a separate room.

(4) There shall be posted in every workroom anotice specifying the number of persons who may,under the provisions of this section, be employed inthat room.

42

Overcrowding

36. Every occupier of an industrial establishmentthat is not ventilated by a functioning air-conditioningsystem shall secure and maintain therein adequate andsuitable ventilation by the circulation of fresh air.

37. (1) Where, after the commencement of this Act,a person seeks employment in an industrialestablishment, he shall be required by the employer toundergo medical examination as a pre-condition ofpermanent employment, except in such shops or placesof work as the Minister may, by Order, exempt.

(2) The cost of the medical examination shall beborne by the employer.

(3) Where a medical inspector is of the opinionthat the health of a person employed in an industrialestablishment has been injured by reason of the natureof work he is called upon to do, the medical inspectormay serve on the employer a written notice requiringhim to permit a medical examination of that person,who may or may not submit to that examination.

(4) The notice under subsection (3) shall namethe place where the medical examination is to beconducted and the date and time when it will beginand, if the examination is to be conducted at theindustrial establishment, the occupier shall providesuitable accommodation for the conduct of theexamination.

(5) In this section, “medical examination” mayinclude pathological, biochemical, physiological,radiological and audiometric tests and other relevantinvestigations.

38. Where the Minister is of the opinion—(a) that in any industrial establishment—

(i) a case of illness has occurredwhich he has reason to believemay be due to the nature of aprocess or other conditions of work;

43

Power to requiremedical supervision

Ventilation

Medical examinationof persons employedin industrialestablishments

(ii) by reason of changes in anyprocess or in the substances used,or of the introduction of a newprocess, there may be risk ofinjury to the health of employeesin that process; or

(iii) young persons are or are about tobe employed in work which maycause risk of injury to theirhealth; or

(b) that there may be risk of injury to thehealth of employees in an industrialestablishment—

(i) from any substance or materialbrought to the industrialestablishment to be used orhandled therein; or

(ii) from any change of conditions ofwork or other conditions in theindustrial establishment,

he may make regulations specifying the arrangementsto be made for the medical supervision of thoseemployees or young persons, as the case may be, or anyclass thereof.

PART VII

WELFARE

39. (1) In every industrial establishment, effectivearrangements shall be made to provide and maintain atsuitable points conveniently situated for all personsemployed therein, a sufficient supply of cool,wholesome, drinking water, except that no such pointshall be situated within six metres (or twenty feet) of awashing place, water closet, urinal or other sources ofcontamination unless a shorter distance is approved inwriting by the Chief Inspector.

44

Drinking water

(2) Except as otherwise permitted by the ChiefInspector, in every industrial establishment, there shallbe legibly and conspicuously displayed near any tank,pipe or other source of water or liquid unfit for humanconsumption, a notice to that effect.

40. The occupier of every industrial establishmentshall provide and maintain separately for men andwomen employed therein, adequate, clean and easilyaccessible washing facilities which are provided withsoap and suitable hand drying materials or devices andsuch other provisions as are prescribed.

41. The occupier of every industrial establishmentshall—

(a) provide and maintain separately for menand women employed therein adequate,clean and easily accessible sanitaryconveniences;

(b) provide and maintain suitable receptaclesor disposal units for use by women;

(c) provide adequate lighting and ventilationin sanitary conveniences and an open orventilated space separating workroomsfrom such conveniences; and

(d) provide safe and covered access to sanitaryconveniences.

42. In every industrial establishment, there shall beprovided and maintained, distinct and apart from anysanitary convenience or lunchroom and separately forthe use of men and women, adequate and suitablechanging rooms and accommodation for their clothingnot worn during working hours.

43. (1) In every industrial establishment, thereshall be provided and maintained so as to be readilyaccessible during all working hours, such number offully equipped first aid boxes or cupboards as may beprescribed.

45

Washing facilities

Sanitaryconveniences

Accommodation forclothing

First aid appliances

(2) The Chief Inspector shall, where necessary,direct in writing the occupier of an industrialestablishment to provide for deluge showers, eye bathsand other similar first aid devices.

(3) Each first-aid box or cupboard shall be underthe control of responsible persons who are trained infirst aid treatment and retested every three years andwho shall always be readily available during theworking hours of the industrial establishment.

(4) In every industrial establishment orindustrial estate where more than two hundred andfifty persons are employed, there shall be provided andmaintained an ambulance and a first aid room of aprescribed size, containing the prescribed equipmentand being in the charge of such medical and nursingstaff as may be prescribed, unless the Chief Inspector,upon application, exempts an occupier from thissection, in which case he shall issue a certificate to thateffect to the occupier.

(5) Where the industrial establishment providesa first-aid room and an ambulance, it may be exempt bythe Chief Inspector from subsections (1) and (3).

(6) In this section “industrial estate” means anyland with suitable infrastructure such as roads, wateror power, divided into plots for sale or rental orentrepreneurs to build factories or to occupy existingbuildings thereon for the purpose of storage, processingor manufacture of products or repair of articles.

44. Every occupier in whose industrial establishmentthere is ordinarily employed a total of more than twohundred and fifty persons, may provide and maintainfor the use of those employees therein a canteenequipped and operated in the manner that may beprescribed by agreement between the employer,employee and union.

45. (1) In every industrial establishment theoccupier shall provide and maintain for the persons

46

Canteens

Restrooms andlunchrooms

employed therein, adequate and suitable restrooms orlunchrooms and lunchrooms shall be convenient for theeating of meals and shall be provided with adequatelighting ventilation and drinking water.

(2) An occupier who provides a canteen inaccordance with section 44 shall be regarded as havingsatisfied the requirements of subsection (1).

PART VIII

NOTIFICATION AND INVESTIGATION OF ACCIDENTS AND

OCCUPATIONAL DISEASES

46. (1) Where an accident which causes death orserious injury occurs—

(a) in an industrial establishment, theoccupier; or

(b) in the course of employment, the employer,

shall inform the Chief Inspector of the accidentforthwith and shall send a written notice of theaccident, in the prescribed form and accompanied bythe prescribed particulars, to the Chief Inspectorwithin twenty-four hours of his learning of theaccident.

(2) Where an incident which may be prejudicialto the safety or health of the public, or which has thepotential of causing serious injury, including fire,explosion or the release of toxic substances, occurs inan industrial establishment, the occupier shall informthe Chief Inspector of the incident forthwith and shallsend a written notice of the incident to the ChiefInspector within twenty-four hours of its occurrence.

(3) Where an accident resulting in serious injuryoccurs and death follows the notification of theaccident, a further notice in writing, of the death shallbe sent to the Chief Inspector by the employer withintwenty-four hours of his learning of the death.

47

Notification ofaccidents

(4) Where the occupier is not the employer of aperson who is killed or seriously injured in anindustrial establishment, it shall be the duty of theemployer, as soon as he becomes aware of the accidentto report it to the occupier, and if he fails to do so, hecommits an offence and is liable, on summaryconviction, to a fine of ten thousand dollars and toimprisonment for three months.

(5) Every occupier and every employer shallkeep a register of each accident, incident or deathreported to the Chief Inspector under subsections (1),(2) and (3) and each entry into the register shall bekept for not less than five years.

(6) In this section, “serious injury” means suchbodily injury as is likely in the opinion of a medicalpractitioner to prevent the victim thereof fromperforming the duties of his employment for three ormore days.

47. (1) Where a person is killed or sustains a criticalinjury at an industrial establishment, no person shall,except for the purpose of—

(a) saving life or relieving human suffering;(b) maintaining an essential public utility

service or a public transportation system; or(c) preventing unnecessary damage to

equipment or other property,

interfere with, disturb, destroy, alter or carry away anywreckage, article or thing at the scene of or connectedwith the occurrence until permission so to do has beengiven by an inspector.

(2) For the purposes of subsection (1) andsection 52, “critical injury” means an injury of a seriousnature that—

(a) places life in jeopardy; (b) produces unconsciousness;(c) results in substantial loss of blood;

48

Preservation of scene

(d) involves the fracture of a leg or arm, butnot a finger or toe;

(e) involves the amputation of a leg, arm,hand or foot, but not a finger or toe;

(f) consists of burns to a major portion of thebody; or

(g) causes the loss of sight in an eye.

(3) A person who contravenes subsection (1)commits an offence and is liable, on summaryconviction, to a fine of five thousand dollars and toimprisonment for three months.

48. (1) Where a medical practitioner who, havingattended to a patient, forms the opinion that thepatient is suffering from an occupational diseasecontracted in any industrial establishment or in thecourse of his employment, he shall within forty-eighthours of having formed that opinion send to the ChiefMedical Officer a notice stating the disease from whichthe medical practitioner is of the opinion that thepatient is suffering and the industrial establishment inwhich the patient is and was last employed, and themedical practitioner shall be entitled to receive fromthe State in respect of every notice sent in pursuance ofthis section the prescribed fee.

(2) The Chief Medical Officer shall sendforthwith to the Chief Inspector any notice that hereceives under subsection (1).

(3) Where a notice is sent to the Chief Inspectorunder this section, he shall arrange, within two weeksof having received the notice, for a medical inspector toinvestigate and submit to him a report on the case ofoccupational disease referred to in the notice withintwo weeks.

(4) The Chief Inspector, upon receiving thereport referred to in subsection (3), shall conduct thenecessary enquiries.

49

Notification ofoccupational diseases

(5) Every medical practit ioner whocontravenes subsection (1) commits an offence and isliable, on summary conviction, to a fine of fivethousand dollars, and to imprisonment for threemonths, if it is proven that he ought reasonably tohave formed the opinion that the patient wassuffering from an occupational disease contracted inan industrial establishment or in the course of hisemployment.

49. Where a District Medical Officer has reason tobelieve that a death is caused by an accident in anindustrial establishment or in the course of employmentor by occupational disease, he shall arrange for anautopsy to be conducted in respect of such death andshall forward, within twenty-one days of the death, acopy of the results of the autopsy to the Chief MedicalOfficer, who shall forward forthwith to the ChiefInspector a statement as to the cause of death.

50. (1) Where a coroner holds an inquest on the bodyof a person whose death may have been caused byaccident or disease of which notice is required by thisAct to be given, the coroner shall, at least forty-eighthours before holding an inquest, send to the ChiefInspector a notice in writing of the time and place ofholding the inquest.

(2) Where an inspector is not present to witnessthe proceedings of an inquest, the coroner may adjournthe inquest and shall, at least four days before holdingthe adjourned inquest, send to the Chief Inspectornotice in writing of the time and place of holding theadjourned inquest, but the coroner may, before theadjournment, take evidence to identify the body andorder the interment thereof.

(3) Subject to the power of the coroner at aninquest referred to in this section to disallow aquestion, which in his opinion is not relevant, or isotherwise not a proper question, the following

50

Autopsy in cases ofdeath by accident oroccupational disease

Inquest in the case ofdeath by accident oroccupational disease

persons shall be entitled to examine a witness eitherin person or through an attorney-at-law or an agent:

(a) an inspector; (b) a relative of the person in respect of

whose death the inquest is being held;(c) the employer of the person in respect of

whose death the inquest is being held;(d) the occupier of the industrial

establishment in which the accidentoccurred or the disease is alleged to havebeen contracted;

(e) a person appointed in writing by—(i) a trade union, friendly society or

other association to which thedeceased at the time of his deathbelonged; and

(ii) an association of employers ofwhich the occupier or employer isa member.

(4) Where at an inquest at which an inspector isnot present, evidence is given of neglect as havingcaused or contributed to the accident or disease, or of adefect in or about the industrial establishmentappearing to the coroner to require a remedy, thecoroner shall send to the Chief Inspector notice inwriting of the neglect or defect, as the case may be.

(5) In this section, “inspector” includes a medicalinspector.

51. Where the Minister is of the opinion that anyaccident occurring or any case of occupational diseasecontracted or suspected to have been contracted in anindustrial establishment is a matter of public interest,he may so advise the President who may cause anenquiry to be held, in accordance with the Commissionsof Enquiry Act, into such accident or case of Industrialdisease and its causes and circumstances.

51

Enquiry intoaccidents and casesof occupationaldisease

Chap. 19:01

52. (1) The Chief Medical Officer shall arrange for amedical inspector to investigate and submit to him areport—

(a) on such cases of death or critical injuryoccurring in an industrial establishmentor in the course of employment as theChief Inspector may refer to the ChiefMedical Officer; and

(b) on any other matter that the Ministermay direct.

(2) The Chief Medical Officer shall forward acopy of a report made under—

(a) subsection (1)(a) to the Chief Inspector; or (b) subsection (1)(b) to the Minister.

PART IX

EMPLOYMENT OF YOUNG PERSONS

53. (1) No young person shall be employed to workin an industrial establishment for a period of threemonths or more unless—

(a) a medical practit ioner, on theapplication of the young person or hisparent, has examined the young personand ascertained his fitness for work inthat industrial establishment; and

(b) a document signed by the employer tothe effect that such young person will beemployed in the industrialestablishment is submitted to themedical practitioner no later than at thecommencement of the medicalexamination.

(2) The Minister may, by Order, exempt suchindustrial establishment as he thinks fit fromsubsection (1).

52

Medical inspector toinvestigate andreport

Young persons tohave certificate offitness

(3) After an examination under subsection (1),the medical practitioner may grant to such youngperson, in the prescribed form, or may renew—

(a) a certificate of fitness to work in anindustrial establishment i f he issatisfied that the young person hasattained the prescribed physicalstandard and that he is fit for suchwork; or

(b) a certificate of fitness to work in anindustrial establishment as an adult, ifhe is satisfied that the young person hasattained the age of sixteen years andthat he is fit for a full day’s work in anindustrial establishment.

(4) Unless the examining physician haspersonal knowledge of the place where the youngperson proposes to work and of the process in whichhe will be employed, he shall not grant or renew acertificate under subsection (3).

(5) A certi f icate of f itness granted undersubsection (3)—

(a) shall be valid for a period of twelvemonths from the date thereof; and

(b) may be issued subject to conditionsregarding the nature of work in whichthe young person may be employed, orconditions requiring a medical re-examination of the young person beforethe expiry of the period of twelvemonths.

(6) Where a certificate under this section isgranted or renewed subject to such conditions as arereferred to in subsection (5)(b), the young personshall not be required to work in any industrialestablishment except in accordance with thoseconditions.

53

54. (1) Except as provided for by section 90(2) of theChildren Act, no young person shall be employed—

(a) between the hours of 10.00 p.m. and7.00 a.m.;

(b) during the period of twelve consecutivehours immediately following the end of theperiod during which he last worked; or

(c) for more than eight hours a day.

(2) The hours of employment under sub-section (1) shall include a rest period of at least onehour.

(3) No young person shall be required to workmore than forty-eight hours in any week.

(4) The Minister may, in relation to suchindustrial establishment as he thinks fit, by Order,vary or waive the provisions of subsection (1) or (3).

55. (1) An employer shall maintain a registerrecording therein the names of young persons, the dateof their employment, particulars of the certificate offitness, the nature of their work and such otherparticulars in such form as the Minister may prescribe.

(2) An employer who contravenes subsection (1)commits an offence.

56. Where an inspector is of the opinion—(a) that any person working in an industrial

establishment without a certificate offitness is a young person; or

(b) that a young person working in anindustrial establishment with a certificateof fitness is no longer fit to work in thecapacity stated therein,

he may serve on the employer a notice requiring thatsuch young person shall be examined by a medicalpractitioner and such young person shall not, if the

54

Hours of employmentfor young personsChap. 46:01

Duty to maintainregister

Power to requiremedical examination

inspector so directs, be employed in an industrialestablishment until he has been so examined and hasbeen granted a certificate of fitness or a renewedcertificate of fitness, as the case may be, under section 53.

PART X

SPECIAL APPLICATION AND EXTENSIONS

57. (1) The owner or occupier of any premises shall,before letting any premises or part of premises for useas an industrial establishment, obtain from the ChiefInspector a certificate as to the suitability of thepremises or part thereof, as the case may be, for itsintended use.

(2) Where part of premises is let as an industrialestablishment, this Act shall apply to any other part ofthe premises used for the purposes of the industrialestablishment though not itself a part of that industrialestablishment.

(3) Subject to subsection (4), where part ofpremises is let as an industrial establishment, theowner of the premises shall be liable for anycontravention of the provision of this Act as they applyunder subsection (2), except that the owner shall not beliable for a contravention of those provisions in so far asthey relate to matters outside his control, in which casethe occupier of an industrial establishment in respect ofwhich that contravention is made, shall be liable.

(4) Except where otherwise provided by theterms of the agreement between the owner and theoccupier of premises referred to in this section, theowner shall be responsible for complying with theprovisions of this Act relating to any sanitaryconveniences, lifts, lifting machines, floors, passages,stairs, walls, means of escape and any other machinery,thing or part of premises used in common by more thanone tenant.

55

Provisions re: lease ofpart of premises as aseparate industrialestablishment

58. (1) Where in premises, not being an industrialestablishment but forming part of an institution carriedon for charitable, educational or training purposes,work is performed in or incidental to the making,altering, repairing, ornamenting, finishing, washing,cleaning, breaking or adapting for sale, of articles, thisAct shall, subject to subsection (2) apply to thosepremises.

(2) Where in a charitable, educational,reformatory or penal institution to which this Actapplies, the persons having the control of the institution(hereinafter referred to as “the managers”) satisfy theMinister that the only persons working therein arepersons who are residents of and supported by theinstitution, or persons engaged in the supervision of thework or the management of machinery, and that suchwork is carried on in good faith for the purposes of thesupport, education or training of persons engaged in it,and that any posting required by section 61 is notnecessary, the Minister may, by Order, direct that suchprovisions of Part XI as to the posting of abstracts andnotices as the Minister thinks fit shall not apply.

PART XI

SPECIAL PROVISIONS IN RESPECT OF FACTORIES, BUILDING

OPERATIONS AND WORKS OF ENGINEERING CONSTRUCTION

59. (1) No person shall undertake, without the priorapproval of the Chief Inspector—

(a) the construction of any new factory orwarehouse;

(b) the reconstruction of any existing factoryor warehouse or the extensive installationof any new plant or machinery therein; or

(c) the alteration, modification or changes inthe existing plant or machinery which islikely to change significantly the workingenvironment in a factory or warehouse.

56

Application of Act toinstitutions

Construction andalternation offactories

(2) A period of not more than six weeks shall beallowed for the consideration of every applicationmade under this section and where the ChiefInspector ’s decision is not issued to the applicantduring that period, the Chief Inspector shall submithis reasons for the delay, in writing, to the applicant.

(3) Every application under this section shall bemade on the prescribed form and shall beaccompanied by the prescribed documents.

60. (1) Every person shall, within one month afterhe begins to occupy, or to use any premises, as afactory, serve on the inspector and the local healthauthority for the district a written notice stating thename of the occupier or the title of the firm, the postaladdress of the factory, the nature of the work, whethermechanical power is used and, if so, its nature, thename of the local health authority within whosedistrict the factory is situated and such otherparticulars as may be prescribed, and if he fails to doso, he shall be guilty of an offence and liable, onsummary conviction, to a fine of five thousand dollarsand to imprisonment for six months and to a furtherfine of five hundred dollars for each day on which theoffence continues.

(2) Within one month of the date upon whichmechanical power is, after the commencement of theAct, first used in any factory, the occupier shall serveon the inspector and the local health authority for thedistrict a written notice stating the nature of suchmechanical power.

61. (1) Every occupier shall keep prominentlydisplayed in an appropriate part of the factory—

(a) the prescribed abstract of this Act; and

(b) a suitable clock.

57

Notice of occupationof factory and use ofmechanical power

Postings

(2) In every factory a printed copy of this Act andof the regulations or orders for the time being in forcetogether with the rules of that factory shall be providedand maintained in good condition in a location readilyaccessible to employees.

(3) An inspector may direct that any documentrequired to be posted under this section shall be in theprescribed form and shall be posted in such part of thefactory as he may think fit.

(4) A person who removes, damages or defaces anydocument required by this Act to be posted in a factorycommits an offence and is liable, on summary conviction,to a fine of five hundred dollars.

62. The occupier of every factory shall, at intervals ofnot less than one year, send to the Chief Inspector acorrect return specifying with respect to such period as theMinister may direct, the number of persons employed inhis factory, and giving such particulars as may beprescribed, as to the hours of employment of eachemployee, as to the age, sex and occupation of all personsemployed, and as to such other matters, if any, as theMinister may direct.

63. Any person undertaking any building operations orworks of engineering construction shall, not later thanseven days after the beginning thereof, serve on the ChiefInspector a written notice stating the name and postaladdress of the person so undertaking the operations orworks, the place and nature of the operations or works,the name of the regional health authority within whosedistrict the operations or works are situated and suchother particulars as may be prescribed, provided that—

(a) this section shall not apply to anyoperations or works which the personundertaking them has reasonable groundsfor believing will be completed in a period ofless than six weeks, except in such casesas the Chief Inspector may direct; and

58

Periodical returns offactory employees

Building operationsand works ofengineeringconstruction

(b) where a person undertakes any buildingoperations or works of engineeringconstruction in a place where suchoperations or works are in progress, heshall not be required to give notice, if anotice was given in respect of theoperations or works in progress.

PART XII

THE OCCUPATIONAL SAFETY AND HEALTH AUTHORITY

64. (1) There is hereby established an Authority tobe known as “The Occupational Safety and HealthAuthority” (hereinafter referred to as “the Authority”).

(2) Schedule 2 shall have effect with respect tothe Authority.

(3) The Minister may, by Rules, amend Schedule 2.

65. (1) The Authority shall consist of—

(a) a Chairman appointed by the Minister;

(b) a Deputy Chairman appointed by theMinister;

(c) the Executive Director of the Agencycreated under Part XIII of this Act;

(d) a representative of the Ministryresponsible for occupational safety andhealth;

(e) a representative of the Ministryresponsible for health;

(f) a representative of the Ministryresponsible for energy industries;

(g) nine other members appointed by theMin i s t e r in a c co rdance w i thsubsection (2).

59

Establishment of theAuthority

Schedule 2

Composition of theAuthority

(2) Before appointing the members of theAuthority, other than the Chairman and the DeputyChairman, the Minister shall—

(a) as to two of them, consult suchorganisations representing employers ashe considers appropriate;

(b) as to two of them, consult such organisa-tions representing employees as heconsiders appropriate; and

(c) as to five of them, consult such otherorganisations, the activities of which areconcerned with matters relating to any ofthe general purposes of this Act, as heconsiders appropriate, including theMedical Board of Trinidad and Tobago,the Board of Engineering of Trinidad andTobago and organisations representingwomen’s affairs.

(3) Subject to this Part, the Authority may—(a) appoint such employees as it considers

necessary for the performance of itsfunctions;

(b) fix qualifications and terms andconditions of service for employees, savethat salaries in excess of one hundredand fifty thousand dollars per annumshall be subject to the Minister ’sapproval;

(c) engage persons having suitablequalifications and experience asconsultants on such terms and conditionsas are approved by the Minister.

66. (1) The functions of the Authority shall be—(a) to assist and encourage persons

concerned with matters relevant to any ofthe general purposes of this Act tofurther those purposes;

60

Functions of theAuthority

(b) to make such arrangements as itconsiders appropriate for the carrying outof research, the publication of the resultsof research and the provision of trainingand information in connection with thosepurposes, and to encourage research andthe provision of training and informationin that connection by others;

(c) to make such arrangements as itconsiders appropriate for securing thatgovernment departments, employers,employees, organisations representingemployers and employees respectively,and other persons concerned withmatters relevant to any of those purposesare provided with an information andadvisory service and are kept informed of,and adequately advised on, such matters;

(d) to perform such acts and functions inaccordance with law to enforce theprovisions of this Act;

(e) to submit from time to time to theMinister such proposals as the Authorityconsiders appropriate for the making ofregulations under this Act;

(f) to advise the Minister on theorganisational structure, staffrequirements and operations for theproper and efficient functioning of theCommission.

(2) It shall be the duty of the Authority—

(a) to give effect to any directions given to itby the Minister;

(b) to submit to the Minister from time totime particulars of what it proposes to dofor the purpose of performing itsfunctions; and

61

(c) to ensure that its activities are inaccordance with proposals approved bythe Minister.

67. (1) For the purpose of providing practicalguidance with respect to the requirements of anyprovision of this Act or regulations made under it, theAuthority may, subject to subsection (2)—

(a) approve and issue such codes of practice,whether prepared by it or not as in itsopinion are suitable for that purpose;

(b) approve such codes of practice issued orproposed to be issued otherwise than bythe Authority as in its opinion aresuitable for that purpose.

(2) The Authority shall not approve a code ofpractice under subsection (1) without the consent of theMinister and shall, before seeking his consent,consult—

(a) any government department or other bodythat appears to the Authority to beappropriate; and

(b) such government departments and otherbodies, if any, as in relation to any matterdealt with in the code, the Authority isrequired to consult under this section byvirtue of directions given to it by theMinister.

(3) Where a code of practice is approved by theAuthority under subsection (1), the Authority shallcause a notice to be published in the Gazette and in adaily newspaper circulating in Trinidad and Tobago—

(a) identifying the code in question andstating the date on which its approval bythe Authority is to take effect; and

(b) specifying for which of the provisions ofthis Act or regulations made under it, thecode is approved.

62

Approval of codes ofpractice

(4) The Authority may—(a) from time to time revise the whole or any

part of any code of practice prepared by itin pursuance of this section;

(b) approve any revision or any proposedrevision of the whole or any part of anycode of practice for the time beingapproved under this section,

and the provisions of subsections (2) and (3) shall, withthe necessary modifications, apply in relation to theapproval of any revision under this subsection as theyapply in relation to the approval of a code of practiceunder subsection (1).

(5) The Authority may at any time with theconsent of the Minister withdraw its approval from anycode of practice approved under this section, but beforeseeking his consent shall consult the same governmentdepartments and other bodies as it would be requiredto consult under subsection (2) if it were proposing toapprove the code.

(6) Where under subsection (5), the Authoritywithdraws its approval from a code of practiceapproved under this section, the Authority shall causea notice to be published in the Gazette and in a dailynewspaper circulating in Trinidad and Tobagoidentifying the code in question and stating the date onwhich its approval of it is to cease to have effect.

(7) References in this section to an approvedcode of practice are references to that code as it haseffect for the time being by virtue of any revision of thewhole or any part of it approved under this section.

(8) The power of the Authority under subsection(1)(b) to approve a code of practice issued or proposed tobe issued otherwise than by the Authority shall include

63

power to approve a part of such a code of practice; andaccordingly in this section “code of practice” may beread as including part of such a code of practice.

68. (1) A failure on the part of any person to observeany provision of an approved code of practice shall notof itself render him liable to any civil or criminalproceedings; but where in any criminal proceedings aparty is alleged to have committed an offence by reasonof a contravention of any requirement or prohibitionimposed by or under any provision of this Act being aprovision for which there was an approved code ofpractice at the time of the alleged contravention,subsection (2) shall have effect with respect to that codein relation to those proceedings.

(2) Any provision of the code of practice whichappears to the Court to be relevant to the requirementor prohibition alleged to have been contravened shall beadmissible in evidence in the proceedings; and if it isproved that there was at any material time a failure toobserve any provision of the code which appears to thecourt to be relevant to any matter which it is necessaryfor the prosecution to prove in order to establish acontravention of that requirement or prohibition, thatmatter shall be taken as proved unless the Court issatisfied that the requirement or prohibition was inrespect of that matter complied with otherwise than byway of observance of that provision of the code.

(3) In any criminal proceedings—

(a) a document purporting to be noticepublished by the Authority under section68 shall be taken to be such a noticeunless the contrary is proved; and

(b) a code of practice which appears to theCourt to be the subject of such a noticeshall be taken to be the subject of thatnotice unless the contrary is proved.

64

Use of approvedcodes of practice incriminal proceedings

PART XIII

ADMINISTRATION

69. (1) There is hereby established the OccupationalSafety and Health Agency (hereinafter referred to as“the Agency”).

(2) The Agency shall consist of the followingpersons who shall be appointed by the Authority:

(a) an Executive Director who shall be thehead of the Agency;

(b) a Deputy Director;

(c) a Secretary; and

(d) such persons who in the opinion of theauthority, have the necessary training,qualifications and expertise to assist inthe effective management and deliveringof the services of the Agency.

(3) The Agency shall direct the operations of thefollowing technical units to give effect to the policy ofthe Authority:

(a) the Factory Inspectorate; (b) the Petroleum Inspectorate; (c) the Shops and Offices Unit; (d) the Quarries Unit; (e) the Occupational and Hygiene Unit; and(f) any other units deemed necessary by the

Authority.

(4) The Executive Director shall be theAccounting Officer on the Exchequer Account for theAuthority and shall—

(a) carry out any directions given to himby the Authority in pursuance of itsfunctions; and

65

Establishment of the Agency

(b) if requested by the Minister, provide theMinister with information about theactivities of the Authority or any otherrelated matter.

(5) The salary, allowances and other terms andconditions of service of the Executive Director shall bereviewed by the Salaries Review Commission inaccordance with section 141 of the Constitution.

(6) The Agency shall not later than three monthsafter the commencement of this Act, initiateconsultation with governmental entities performingvarious inspection functions, with the objective offormulating memoranda of understanding or otherarrangements between the Agency and such othergovernmental entities, which shall establish themechanisms for co-ordination across jurisdictional linesand provide for the implementation of integratedoccupational health and safety programmes.

(7) The heads of the units referred to insubsection (3) shall be, ex officio, members of theAgency.

69A. (1) An officer in the public service may, with theapproval of the appropriate Service Commissionconsent to be appointed on transfer to the service of theAuthority or the Agency upon such terms andconditions as are acceptable to him or his trade unionand the Authority.

(2) The officer referred to in subsection (1) shall,upon transfer, have preserved his superannuation andpension rights accruing at the time of transfer.

70. (1) The Minister may, on the advice of theAuthority, appoint a suitable qualified person as ChiefInspector.

66

Transfers

Duties of ChiefInspector

(2) It shall be the duty of a Chief Inspector toreport to the Executive Director on such mattersconcerning the administration, enforcement andfurtherance of the purposes of this Act as the ExecutiveDirector may request and to carry out any directionsgiven to him by the Executive Director.

(3) The Chief Inspector shall be ex officio amember of the Agency.

71. (1) The Minister may—

(a) on the advice of the Chief Inspector,designate a suitably qualified publicofficer as an inspector; and

(b) on the advice of the Chief MedicalOfficer—

(i) designate a suitably qualifiedmedical officer as a medicalinspector; or

(ii) appoint a suitably qualifiedmedical practitioner as a medicalinspector on such terms andconditions as he sees fit.

(2) An inspector shall not be eligible to serve onany jury.

72. (1) Every inspector shall, for the purposes of theenforcement of this Act, have power to do all or any ofthe following:

(a) to enter, inspect, take photographs of andexamine, at any time, either alone ortogether with such other personpossessing technical or special knowledgeas the Chief Inspector may authorise inwriting, any premises which he hasreasonable cause to believe are premisesto which this Act applies;

67

Powers of inspectors

Inspector andmecical inspectors

(b) to request the presence and assistance of apolice officer;

(c) to be accompanied by—(i) a representative of the

management of the industrialestablishment; or

(ii) a person, whether employed in theindustrial establishment or not,nominated by the collectivebargaining unit for personsemployed in the industrialestablishment;

(d) to request the production of any licence,drawing, specifications, permit, register,certificate, notice, report or other relevantdocument and to inspect, examine and copythem;

(e) to make such examination and inquiry asmay be necessary to ascertain whether thisAct is being complied with;

(f) to require any person whom he finds in anindustrial establishment to giveinformation as to the identity of the owner,occupier or employer;

(g) to require a person— (i) in an industrial establishment; or

(ii) whom he has reasonable cause tobelieve to be, or to have beenwithin the preceding two months,employed in premises to which thisAct applies,

to answer questions with respect to mattersunder this Act and to sign a declaration ofthe truth of such answers, except that no

68

one shall be required under this paragraphto give any answers which may tend toincriminate himself;

(h) to investigate accidents occurring inindustrial establishments;

(i) in the case of a medical inspector, toconduct such medical examinations as maybe necessary for the purposes of this Act;and

(j) to exercise such other powers as may benecessary for the purposes of this Act.

(2) Every inspector, in the discharge of his dutiesunder this Act, is empowered to require of an occupierthe means necessary for entry, inspection, examination,inquiry and, subject to section 73, the taking of samplesin respect of premises to which this Act applies.

(3) Any person who—(a) wilfully delays an inspector in the exercise

of any power under this section; (b) fails to comply with the requisition of an

inspector in pursuance of this section, or toproduce a register, certificate, notice ordocument which he is required by or inpursuance of this Act to produce;

(c) wilfully withholds information as to who isthe occupier of an industrial establishment;or

(d) conceals or prevents, or attempts to concealor prevent, a person from appearing beforeor being examined by an inspector,

is deemed to have obstructed an inspector in theexecution of his duties under this Act.

(4) Any person who obstructs an inspector in theexecution of his powers or duties under this Act,

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commits an offence and is liable, on summaryconviction, to a fine of two thousand dollars and toimprisonment for six months.

73. (1) Where an inspector suspects that an occupiermay be in contravention of a provision of this Actrelating to the use of dangerous materials or relating toair contaminants, which materials or contaminants arelikely to cause bodily injury to persons employed in anindustrial establishment, he may, after giving notice tothe occupier, or if the occupier is not readily available,to his agent, take for analysis samples of any materialsor air contaminants in the industrial establishments.

(2) The occupier or his agent shall be presentwhen the samples are being taken, and, wherepracticable, the inspector shall divide each sample intothree parts, mark and seal or fasten each part in suchmanner as its nature permits, and—

(a) deliver one part to the occupier or hisagent;

(b) retain one part for future comparison; and (c) submit one part to the analyst.

(3) Every analysis made under this section shallbe conducted by the Chief Chemist or such othersuitably qualified analyst as the Chief Chemist mayauthorize in writing.

(4) The Chief Chemist or the qualified analystshall in writing, inform the inspector who submittedthe sample for analysis and the occupier or his agent ofthe results of the analysis.

(5) Subject to subsection (4), no persons shall,except in so far as it is necessary for the purposes of theprosecution of an offence under this Act, publish ordisclose the results of an analysis made under thissection and if any person acts in contravention of thissubsection, he commits an offence and is liable, onsummary conviction, to a fine of five thousand dollars.

70

Power to takesamples

74. (1) Where an inspector is of the opinion that—(a) a part of the ways, works, machinery,

plant equipment used in an industrialestablishment is in such a condition, or isso constructed or is so placed that itcannot be used without risk of bodilyinjury or damage to the environment;

(b) a process or work is carried on oranything is or has been done in anindustrial establishment in such amanner as to cause risk of bodily injury ordamage to the environment;

(c) an industrial establishment is in such acondition that a process or work carriedon therein cannot be so carried on withoutrisk of bodily injury or damage to theenvironment;

(d) there exist in an industrial establishmentconditions which expose employees orother persons therein to risk of bodilyinjury; or

(e) a person is contravening this Act or hascontravened this Act in circumstancesthat make it likely that the contraventionwill continue or be repeated,

he shall, without prejudice to his power to initiatelegal proceedings, serve on the appropriate person aprohibition or improvement notice stating that he isof that opinion, giving particulars of the reasons whyhe is of that opinion and may, as the case may be—

(f) in the case of a prohibition notice, prohibitor restrict the use of any premises or partthereof or thing in the industrialestablishment until the existing dangerhas been removed or this Act has beencomplied with; or

71

Powers of inspectorre: dangerousconditions andpractices

(g) in the case of an improvement notice,direct that alterations be carried out orthat other steps be taken to remove theexisting danger or to comply with this Actwithin such period as may be specified inthe notice.

(2) Where an inspector prohibits or restrictsthe use of a place or thing under subsection (1)(f), heshall display in the place or affix to the thing, as thecase may be, a notice to that effect, which notice shallnot be removed without the authority of an inspector.

(3) Where an inspector is satisfied that anotice issued under subsection (1) has been compliedwith, he shall so certify in writing and shall removeany notice displayed or affixed under subsection (2).

(4) A person on whom a notice is served undersubsection (1) may, within seven days of the servingthereof, object by way of complaint to the IndustrialCourt and the Industrial Court may make such orderas it thinks fit.

(5) Pending the final determination of acomplaint, the Industrial Court may, on applicationex parte by the complainant, make such interimorders as it thinks fit.

75. Every register or record kept in pursuance ofthis Act shall be preserved and kept available forinspection by an inspector for at least five years afterthe date of the last entry in the register or record, orfor such other period as may be prescribed for anyclass or description of register or record, except in thecase of a register or record pertaining to anoccupational disease, the register or record shall bekept for at least fifteen years.

76. (1) No employer shall dismiss, suspend orotherwise adversely affect the employment of anemployee or alter his position to his prejudice, by

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Preservation ofregisters and records

Protection againstvictimization ofemployees

reason only that an inspector in exercise of hispowers under this Act, sought or obtained from theemployee information pertaining to the operation ofthe industrial establishment.

(2) An employer who contravenes subsection (1)is guilty of an offence and is liable, on summaryconviction, to a fine of five thousand dollars and toimprisonment for three months.

77. No inspector shall divulge to the occupier or anyperson employed in the industrial establishment, thesource of any information or complaint which reacheshim concerning an alleged contravention of theprovisions of this Act, even when such information orcomplaint is the reason for an inspection, visit orinquiry in respect of that industrial establishment.

78. (1) No inspector shall, while in the publicservice or after leaving such service, disclose, otherwisethan in execution of or for the purposes of this Act, anyinformation that may come to his knowledge in thecourse of his official duties, relating to themanufacturing, commercial or other operations of anindustrial establishment unless—

(a) the occupier thereof gives his consent inwriting to the disclosure; or

(b) the disclosure is necessary for the purposeof legal proceedings pursuant to this Act.

(2) An inspector who contravenes subsection (1)commits an offence and is liable, on summaryconviction, to a fine of ten thousand dollars and toimprisonment for twelve months.

79. Every inspector shall, when visiting anindustrial establishment, produce upon the request ofthe occupier or his agent, the prescribed certificate ofappointment identifying himself as an inspector.

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Source of complaintsnot to be divulged

Penalty for unlawfuldisclosures

Inspector to producecertificate ofappointment

80. An inspector may prosecute or conduct beforethe Court any complaint or other proceedings arisingunder this Act or in the discharge of his duties as aninspector.

81. No suit, prosecution or other legal proceedingsshall lie against an inspector for anything done underthis Act in good faith.

82. In this Part, the word “inspector” includes amedical inspector, except in section 71(1)(a).

PART XIV

OFFENCES, PENALTIES AND LEGAL PROCEEDINGS

83. (1) Notwithstanding anything contained inthis Act, but subject to subsection (2), where a personcontravenes a provision of this Act or any regulationmade thereunder or fails to comply with anyprohibition, restriction, instruction or directive issuedunder this Act or any such regulation—

(a) he commits an offence and is liable to bedealt with in accordance with theprovisions of the Summary Courts Act; or

(b) an aggrieved person may apply to theIndustrial Court for redress and theIndustrial Court may make an award infavour of the aggrieved person and imposeany penalty, other than a term ofimprisonment, that a summary court mayimpose in respect of that contravention orfailure to comply.

(2) A competent person, employer, occupier orowner of premises only commits an offence under thisAct or regulations made thereunder if it is provedthat he failed to take reasonable steps to prevent thecommission of the offence.

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Power of inspector toconduct courtproceedings

Inspector not liable

“Inspector” defined

Criminal and otherremedies

(3) Where an offence under this Act orregulations made thereunder is proved to have beencommitted with the consent, connivance oracquiescence of, or to have been facilitated by neglecton the part of a director, manager, secretary or otherofficer of a company, such director, manager,secretary or other officer, as well as the company, isliable to be proceeded against for the commission ofthe offence.

84. (1) Where an employer, occupier or owner isconvicted of an offence under this Act, the Court may,in addition to or instead of imposing a penalty, orderhim within the time specified in the order, to takesuch steps as may be specified for remedying thematters in respect of which the offence occurred, andmay, on the application of the employer, occupier orowner, extend the time so specified.

(2) Where an order referred to in subsection (1)is made, the employer, occupier or owner shall not beliable under this Act in respect of the continuation ofthe contravention during the time allowed by theCourt, but if, after the expiration of that time asoriginally specified or extended, the order is notcomplied with, the employer, occupier or owner, asthe case may be, commits an offence and is liable, onsummary conviction, to a fine of ten thousand dollars,for each day on which the non-compliance continuedafter the said expiration.

85. Subject to the provisions of this Act, anyperson who commits an offence under this Act forwhich no penalty is expressly provided, is liable, onsummary conviction to a fine of twenty thousanddollars and to imprisonment for one year, and if theoffence in respect of which he was convicted iscontinued after the conviction, he is liable to afurther fine of ten thousand dollars for each day onwhich the offence continues.

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Power of Court toorder remedy

Penalty where noneis expressly provided

86. (1) Subject to subsections (2) and (3), where aperson dies or is seriously injured in consequence of anemployer, occupier or owner having contravened thisAct, the employer, occupier or owner shall, withoutprejudice to any other liability or right of action arisingout of the death or serious injury, be liable to a fine ofone hundred thousand dollars, or of an amountequivalent to two years pay of that person, whichever isgreater, and the whole or part of the fine may beapplied for the benefit of the victim or of his estate, orotherwise as the Court may determine.

(2) In the case of serious injury to health, theemployer, occupier or owner shall not be liable to a fineunder this section unless the injury flowed directlyfrom the contravention.

(3) In this section, “serious injury” has themeaning assigned to it by section 46(6).

87. Where a young person is employed incontravention of this Act, the parent of the youngperson, as the case may be, commits an offence and isliable, on summary conviction, to a fine of five thousanddollars, unless it appears to the Court that thecontravention occurred without the consent,connivance, or wilful default of the parent.

88. Where a person—(a) forges or counterfeits a certificate required

by or for the purposes of this Act;(b) gives or signs a certificate knowing it to be

false in any material particular (hereinafterreferred to as “a false certificate”);

(c) knowingly utters or makes use of a falsecertificate;

(d) knowingly makes use of, as applying to aperson, a certificate which does not soapply;

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Fines in case ofdeath or injury

Fine for offence byparent

Forgery ofcertificates, falseentries and falsedeclarations

(e) personates a person named in a falsecertificate;

(f) wilfully connives at forging, counterfeiting,giving, signing, uttering or making use of afalse certificate;

(g) wilfully makes a false entry in a register,notice, certificate or document required by,or for the purpose of, this Act to be kept,served or sent;

(h) wilfully makes or signs a declarationrequired by, or for the purpose of, this Actknowing the contents thereof to be false;

(i) knowingly makes use of a false entry orfalse declaration; or

(j) personates or pretends to be an inspector ormedical inspector,

he commits an offence and is, without prejudice to anyother liability, liable, on summary conviction, to a fineof twenty-five thousand dollars or to imprisonment forthree years.

89. (1) Where an employer, occupier or owner ischarged with an offence under this Act, he may make acomplaint against any person who he alleges to be theactual offender and the proceedings against theemployer, occupier or owner and the person alleged tobe the actual offender may be heard and determined atthe same time.

(2) Where during proceedings instituted inaccordance with this section, the employer, occupier orowner is acquitted and the Court finds that the personalleged to be the actual offender committed the offence,that person is in addition to any other penalty, liable topay any costs incidental to the proceedings.

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Provision foremployer, occupier orowner to exempthimself from liability

(3) Where an offence has been committedunder this Act and an inspector is satisfied—

(a) that the employer, occupier or owner hastaken reasonable steps to prevent thecontravention;

(b) as to the identity of the person who isalleged to have committed the offence; and

(c) that it was committed without theconsent, connivance or wilful default ofthe employer, occupier or owner, or indisobedience of his orders,

the inspector may proceed against the allegedoffender without first proceeding against theemployer, owner or occupier.

90. Where under any of the provisions of this Act,a person is substituted for the employer, occupier orowner, any order, summons, notice or proceedings,which for the purpose of those provisions is by thisAct required or authorised to be served or taken inrelation to the employer, occupier or owner, shall beserved on or taken in relation to that person.

91. (1) In proceedings under this Act, a complaintmay state the name of the ostensible employer,occupier or owner, as the case may require.

(2) Where, with respect to or in consequence ofany accident in an industrial establishment, a reportis made by a commission of enquiry or a coroner’sinquest is held, and it appears from the report orfrom the proceedings at the inquest that this Act wasnot complied with at or before the time of theaccident, summary proceedings against the personliable to be proceeded against in respect of such non-compliance may be commenced at any time within sixmonths after the making of the report or theconclusion of the inquest.

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Proceedings againstpersons other thanemployers, occupiersor owners

Procedure forprosecution

(3) Subject to section 70 of the SummaryCourts Act, all fines imposed under this Act shall,except as otherwise expressly provided for in this Act,be paid into the Consolidated Fund.

92. Any person aggrieved by an order made by theCourt under this Act may appeal to the Court ofAppeal.

93. A complaint for an offence under this Act shallbe made within six months of the date on which thealleged commission of the offence came to theknowledge of an inspector.

94. (1) Where a person is found in an industrialestablishment when work is in progress or themachinery is in motion, except during the intervalsfor meals or rest, he shall, until the contrary isproved, be deemed for the purposes of this Act to beemployed in the factory.

(2) Where in proceedings under this Actinvolving a young person it appears to the Court thatthat young person is apparently of or below the agealleged by the complainant, the burden of proof is onthe defendant to prove that the young person is not ofor below that age.

(3) Where an entry is required by this Act tobe made in a register or record, the entry made by theemployer, occupier or owner, as the case may be, or onhis behalf shall, as against him, be prima facieevidence of the facts therein stated, and the fact thatan entry so required with respect to the observance ofa provision of this Act has not been made, shall beprima facie evidence that that provision has not beenobserved.

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Appeal from orders ofCourt

Limitation of time forprosecution

Special provisions asto evidence

95. A document required or authorised to be servedor sent under this Act may be served on or sent to—

(a) an individual, by delivering it to him orsending it by registered post to hisresidence;

(b) a firm, by delivering it to a partner of thefirm or sending it by registered post to theregistered office of the firm; and

(c) a body corporate—(i) by delivering it, to a person in a

position of responsibility at itsindustrial establishment orregistered office; or

(ii) by sending it by registered post toits industrial establishment orregistered office.

96. If by reason of an agreement between the ownerand the occupier of premises, the whole or a part ofwhich has been let as an industrial establishment, theowner or occupier is prevented from carrying outstructural or other alterations to the premises that arenecessary to enable him to comply with this Act, or inorder to conform with any standard or requirementimposed by or under this Act, the owner or occupiermay apply to the High Court, and the Court, afterhearing the parties and any witnesses whom theydesire to call, may make an order setting aside ormodifying the terms of the agreement as the Courtconsiders just and equitable in the circumstances of thecase.

97. (1) Where in premises, the whole or a part ofwhich has been let as an industrial establishment,structural or other alterations are required in order tocomply with this Act, or in order to conform with anystandard or requirement imposed by or under this Act,

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Serving and sendingof documents

Power of Court tomodify agreements

Power of Court toapportion expenses

and there is disagreement as to who should pay theexpenses of such alterations, either party may apply tothe High Court for a resolution of the dispute.

(2) On receiving an application under subsection (1),the High Court may, after hearing the parties and anywitnesses whom they desire to call and after havingregard to the terms of the contract between the parties,make such order concerning the apportionment ofexpenses as the Court considers just and equitable inthe circumstances of the case.

97A. All offences referred to as safety and healthoffences in this Act shall be determined by theIndustrial Court.

97B. All proceedings under this Act shall be initiatedno more than two years after the cause of action hasarisen.

PART XV

MISCELLANEOUS

98. (1) The following Laws are hereby repealed:(a) The Factories Ordinance;(b) The Employment of Women (Night Work)

Act; and(c) The Gas Cylinders (Use, Conveyance and

Storage) Act.

(2) Notwithstanding subsection (1), anyregulations, Orders or other statutory instrumentsmade under the Factories Ordinance shall continue inforce and are deemed to be made under sections 99and 100.

99. (1) The Minister may make regulations for thepurposes of promoting the safety, health and welfare ofemployees and generally for the purpose of carrying outthe provisions of this Act.

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Ordinance and ActsrepealedCh. 30. No. 2

Chap. 88:12

Chap. 35:52

Power to makeregulations

Determination ofsafety and healthoffences

Time limit

(2) Without prejudice to the generality ofsubsection (1) regulations may—

(a) impose conditions on the use of, or requireanything to be done to or in connection withsystems of work, machinery or plant or aclass or description of machinery or plant;

(b) prescribe anything required to beprescribed by this Act;

(c) prohibit, limit or control the use of anymaterial or process;

(d) require special supervision, control,training or inspection of all persons or aclass of persons in connection with anymanufacture, machinery, plant, process ordescription of work;

(e) require the provision of protective clothingand devices, welfare facilities, or anyother thing necessary to promote thehealth and welfare of all employees or aclass of employee;

(f) impose duties on occupiers, owners,hirers, employers, employees and otherpersons;

(g) provide for the examination and testing ofmechanical or other devices required to beexamined and tested under this Act;

(h) declare as dangerous a process in whichpersons employed are exposed to seriousrisk of bodily injury, poisoning or disease;

(i) provide for the medical examination ofpersons employed or seeking to beemployed in a dangerous process, andprohibit the employment in the process ofsuch persons who are not certified asmedically fit for such employment;

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(j) provide for the protection of personsemployed in a dangerous process and ofother persons in the vicinity of the placewhere that process is carried on;

(k) provide for the safety, health and welfareof persons employed in the constructionand maintenance of buildings, agri-cultural work, field operations and otheroutdoor activities;

(l) provide for the setting up of joint safetyand health committees comprisingrepresentatives from the management andlabour sectors;

(m) provide for the prevention of theovercrowding of industrial establish-ments, which regulations may authorisethe Chief Inspector after consultationwith the Chief Medical Officer, to issue acertificate exempting an occupier of anindustrial establishment from compliancewith any of those regulations; and

(n) provide for the imposition of fines notexceeding two hundred thousand dollarsfor any contravention thereof.

(3) Regulations made under this section shallbe subject to affirmative resolution of Parliament.

100. The Minister may, by Order—(a) amend Schedule 1, subject to negative

resolution of Parliament; or(b) vary any fine, term of imprisonment or

other penalty provided for under this Act,subject to affirmative resolution ofParliament.

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Power of Minister tomake certain Orders

SCHEDULE 1

[Section 4(1)]

LIST OF OCCUPATIONAL DISEASES

1. Pneumoconiosis caused by sclerogenic mineral dust (silicosis,anthracosilicosis, asbestosis) and silicotuberculosis, providedthat silicosis is an essential factor in causing the resultantincapacity or death.

2. Chemical pneumonitis. 3. Bronchopulmonary diseases caused by hard-metal dust. 4. Bronchopulmonary diseases caused by cotton dust

(byssinosis), by flax, hemp or sisal dust. 5. Occupational asthma caused by sensitising agents or irritants

both recognised in this regard and inherent in the workprocess.

6. Extrinsic allergic alveolitis and its sequelae caused by theinhalation of organic dust.

7. Diseases caused by beryllium or its toxic compounds. 8. Diseases caused by cadmium or its toxic compounds.9. Diseases caused by phosphorus or its toxic compounds.

10. Diseases caused by chromium or its toxic compounds.11. Diseases caused by manganese or its toxic compounds.12. Diseases caused by arsenic or its toxic compounds.13. Diseases caused by mercury or its toxic compounds.14. Diseases caused by lead or its toxic compounds.15. Diseases caused by fluorine or its toxic compounds.16. Diseases caused by carbon disulphide.17. Diseases caused by the toxic halogen derivatives of aliphatic or

aromatic hydrocarbons.18. Diseases caused by benzene or its toxic homologues.19. Diseases caused by toxic nitro- and amino-derivatives of

benzene or its homologues.20. Diseases caused by nitroglycerin or other nitric acid esters.21. Diseases caused by alcohols, glycols, ketones or aldehydes.22. Diseases caused by asphyxiants; carbon monoxide, hydrogen

cyanide or its toxic derivatives, hydrogen sulphide.23. Hearing impairment caused by noise.24. Diseases caused by vibration (disorders of muscles, tendons,

bones, joints, peripheral blood vessels or peripheral nerves).

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25. Diseases caused by work in compressed air.26. Diseases caused by radiation.27. Skin diseases caused by physical, chemical or biological agents

not included under other items.28. Primary epitheliomatous cancer of the skin caused by tar

pitch, bitumen, mineral oil, anthracene, or the compounds,products or residues of these substances.

29. Lung cancer or mesotheliomas caused by asbestos.30. Infectious or parasitic diseases contracted in an occupation

where there is a particular risk of contamination.31. Disease caused by any other industrial carcinogen.32. Sick building syndrome.33. Legionnaire’s disease.34. Cumulative trauma disorder: tendinitis, ulnar nerve

syndrome, thoracic outlet syndrome.35. Heat stroke.36. Bursitis.37. Raynaud’s disease.38. Decompression sickness.

SCHEDULE 2[Section 65(2)]

THE OCCUPATIONAL SAFETY AND HEALTHAUTHORITY RULES

1. These Rules may be cited as the Occupational Safety andHealth Authority Rules.

2. The Ministry shall provide the Authority with an office andother facilities, secretarial staff and other support services as theAuthority requires to efficiently perform its functions.

3. The appointment of a person, other than the ExecutiveDirector, as a member of the Authority shall be for a term of threeyears, but outgoing members are eligible for re-appointment.

4. (1) The Chairman or Deputy Chairman may resign at anytime by instrument in writing addressed to the Minister.

(2) A member, other than the Chairman, Deputy Chairmanand the Executive Director, may resign at any time by instrumentin writing addressed to the Chairman, who shall cause it to beforwarded to the Minister.

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Citation

Office of theAuthority

Tenure of office

Resignation

5. The Minister may at any time revoke the appointment of aperson, other than the Executive Director, as Chairman or as amember of the Board and declare his office as a member to bevacant if satisfied that the person—

(a) has, without reasonable excuse, failed to attend themeetings of the Authority for a continuous period ofthree months;

(b) is incapacitated physically or mentally to such anextent as to impair his ability to perform his duties, oris otherwise unable or unfit to perform his duties;

(c) becomes bankrupt or suspends payments to hiscreditors;

(d) is convicted and sentenced to a term of imprisonment; or

(e) is convicted of an offence involving dishonesty.

6. The appointment of members of the Authority as firstconstituted and every subsequent appointment to the Authority orchange of membership shall be published in the Gazette.

7. The Authority shall meet—

(a) at least once every month; and

(b) at any other time as the Chairman may, in hisdiscretion, deem necessary for the performance of thefunctions of the Authority.

8. (1) The Chairman—

(a) may at any time call a special meeting of the Authority;

(b) shall call a special meeting within seven days ofreceiving a request, in writing, to do so signed by anythree members of the Authority;

(c) shall cause notices to be issued to all members inrespect of every special meeting.

(2) Every request for a special meeting shall includesufficient indication of the purpose of the requested meeting.

9. At any meeting of the Authority, seven members of theAuthority shall constitute a quorum.

10. The Chairman, or in his absence, the Deputy Chairman,shall preside over all meetings, except that where both theChairman and the Deputy Chairman are absent, the Authoritymay appoint one of the members present to preside at the meeting.

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Gazetting

Ordinary meetings

Special meetings

Quorum

Person to preside

Revocation ofappointment

11. (1) Minutes of each meeting in proper form shall be keptunder the direction of the Executive Director.

(2) All decisions, resolutions and standing orders made bythe Authority shall be recorded in the minutes.

(3) The minutes shall be confirmed at the next meeting ofthe Authority and a copy of the minutes both when prepared andconfirmed shall be forwarded to the Minister.

12. The decisions of the Authority shall be by a majority ofvotes of the members present and voting and in the case of anequality of votes, the person presiding may exercise a casting vote.

13. The Authority may co-opt any person to attend anyparticular meeting of the Authority for the purpose of assisting oradvising the Authority, but a co-opted person shall not have anyright to vote.

14. (1) The Authority may appoint a committee—

(a) to examine and report to it on any matter whatsoeverarising out of or connected with any of its duties andpowers; or

(b) to assist it in its business and may, for that purpose,delegate such duties and powers as it may considernecessary to that committee.

(2) A committee appointed under subrule (1) shall consistof at least one member of the Authority.

(3) Where persons not being members of the Authorityare members of a committee, the Authority may, with the priorapproval of the Minister, appoint them on such terms and at suchremuneration as the Minister may approve.

(4) The Authority may reject the report of a committeeappointed under subrule (1)(a) or adopt it either wholly or withsuch modifications, additions or adaption as the Authority maythink fit.

15. The members of the Authority shall be entitled to suchremuneration as the President may approve.

16. The Authority may make its own standing orders for theregulation of its proceedings.

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Voting

Co-option

Committees

Remuneration ofmembers

Standing orders

Minutes

Passed in the House of Representatives thisday of 2001.

Clerk of the House

IT IS HEREBY CERTIFIED that this Act is one the Bill forwhich has been passed by the House of Representativesand at the final vote thereon in the House has beensupported by the votes of not less than three-fifths ofall the members of the House, that is to say by thevotes of members of the House.

Clerk of the House

I confirm the above.

Speaker

Passed in the Senate this day of , 2001.

Clerk of the Senate

IT IS HEREBY CERTIFIED that this Act is one the Bill forwhich has been passed by the Senate and at the finalvote thereon in the Senate has been supported by thevotes of not less than three-fifths of all the members ofthe Senate, that is to say by the votes of

Senators.

Clerk of the SenateI confirm the above.

President of the Senate

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No. 6 of 2001

FIRST SESSION

SIXTH PARLIAMENT

REPUBLIC OF

TRINIDAD AND TOBAGO

BILL

AN ACT respecting the safety, health andwelfare of persons at work

Received and read the

First time ...............................................

Second time ...........................................

Third time ..............................................