Papua New Guinea
Industrial
Safety, Health and Welfare Act
Contents
Part I. Preliminary
1. Interpretation
"certificate of registration"
"dangerous substance"
"employee"
"employer"
"factory"
"Industrial Safety Officer"
"manufacturing process"
"medical officer"
"permit"
"place of employment"
"Premises of employment"
"registration"
"the regulations"
"this Act"
2. Application.
3. Factories.
Part II. Administration.
4. Administration of Act.
5. Industrial Safety Officers"
6. Medical Officers"
7. Deligation.
8. Exemption.
9. Reports.
Part III. Inspection and General.
10. Power of inspection.
11. Orders and directions.
12. Prohibition of use of certain machines or appliances.
13. Appeals.
14. Report of offences against other legislation.
Part IV. Registration of Factories.
15. Requirement registration.
16. Application for registration.
17. Registration etc.
18. Certificates of registration and permits to occupy.
19. Period of registration.
20. Reasons for failure to register, etc.
21. Vacation of premises.
22. Alteration of business, premises, etc.
23. cancellation of registration.
24. failure to pay fees.
25. Applications in respect of more than one factory.
26. Approval for erection. etc.
27. Notification of defects.
28. Authority ot occupy temporary premises.
Part V. Conditions of Work.
Division 1. General Provisions.
29. Cleanliness, space and ventilation.
30. Meals.
31. Sanitary and ablution facilities.
32. Means of access.
33. First-aid facilities and personnel.
34. Notification of disease or injury.
Division 2. Particular Provisions.
35. Dangerous work.
36. Installation, operation and maintennce of boilers, etc.
37. Clothing, etc., of employees working with machinery.
38. Ventilation, ets., in certain kinds of work.
39. Protection from dust, fluff, fumes, etc.
40. Work in confined spaces.
41. Particular safety responsibilities of employees.
Division 3. Industrial Safety Orders.
42. Declaration of dangerous trades, occupations and processes.
43. Orders.
44. Application of declarations of dangerous trades and
industrial safety orders.
Part VI. Miscellaneous.
45. Obstruction, etc.
46. Unlawful use of buildings, etc.
47. inspection of proceedings, etc.
48. Relation of this Act to order laws.
49. Application of standard codes.
50. Regulations.
PAPUA NEW GUINEA
CHAPTER NO. 175 : Industrial Safety, Health and Welfare Act.
General Information
The administraion of this Chapter was vested
in the Miniter
for Labour and Employment at the date of its preparation for
inclusion.
The present administration may be ascertained
by reference
to the most recent Determinations Titles and Responsibilities of
Ministers made under Section 148(1) of the Constitution.
References in or in relation to this Chapter
to -
"the Department Head" should be
read as reference to the
Secretary for Labour and Industry;
" the Department" should be read as
reference to the
Deaprtment of Labour and Industry.
INDUSTRIAL SAFETY, HEALTH AND WELFARE ACT.
Being an Act relating to industrial safety, health and welfare,
and for related purposes.
PART 1. PRELIMINARY.
1. Interpretation.
(1) In this Act, unless the contrary intention appears-
"certificate of registration" means
a certificate of
registration issued under Section 18;
"dangerous substance" means a
substance of an explosive,
inflammable, combustible, corrosive,
poisonous, infectious,
irritating, toxic, obnoxious or otherwise
dangerous nature;
"employee" means a person who has
entered into or works
under a contract of service or
apprenticeship;
"employer" means a person, firm or
association employing
one or more employees;
"factory" means a building or
place-
(a) in which employees are engaged directly
or indirectly-
(i) in a
manufacturing process; or
(ii) in the
generation of power (other than for
private
domestic purposes of the owner); or
(b) that is declared under Section 3 to be a
factory for
the purposes of this Act;
"Industrial Safety Officer" means
an Industrial Safety
Officer appointed under Section 5;
"manufacturing process" means a
handicraft or process in or
incidental to the making, assembling,
altering, repairing,
renovating, preparing, ornamenting,
finishing, cleaning,
washing or adapting of goods or articles or
parts of goods
or articles-
(a) for trade,
sale or gain; or
(b) as an
ancillary to a business,
other than the processing of copra, rubber,
coffee, cocoa,
or other agricultural produce by a means that
does not
involve the use of electricity or of
machinery worked by
electrical, steam or other mechanical power;
"medical officer" means a medical
officer appointed under
Section 6;
"permit" means a permit under
Section 17(b);
"place of employment" means
premises of employment or any
other place at which an employee is employed,
other than an
aircraft, vessel or private residence, except
when it is
under repair, construction, alteration or
demolition;
"premises of employment" means a
building, shed or other
roofed or partly roofed structure in which an
employee is
regularly employed;
"registration" means registration
as a factory under
Section 17;
"the regulations" means any
regulations made under this
Act;
"this Act" includes the
regulations.
(2) In this Act, a reference to a Standards Association of
Australia Code shall be read as a reference to a Standard Code
published by the Standards Association of Australia, as more
particularly described from time to time by the Minister by
notice in the National Gazette.
2. Application.
(1) This Act applies to and in relation to the State, and an
authority established by or under law.
(2) This Act does not apply to or in relation to a mine, matter
or thing to which the provisions of Part XV. of the Mining Act,
1937 of the former Territory of Papua (Adopted) or the Mines and
Work Regulation Act 1935 of the former Territory of New Guinea
(Adopted) apply.
(3) Except where otherwise specifically stated, this Act does not
derogate any power granted under, or relieve a person from any
liability or duty under, any other law.
3. Factories.
(1) The Minister may, by notice in the National Gazette, declare
a building or place to be a factory for the purposes of this Act.
(2) Where the Minister, by special order, so directs, parts of
a factory in which different branches or departments of work are
carried on shall be deemed to be different factories for all or
any of the purposes of this Act specified in the order.
(3) A part of a factory may, on the written application of the
occupier and with the written approval of the Departmental Head,
be taken for the purposes of this Act to be a separate factory.
(4) Where a place situated within the close, curtilage or
precincts of a factory is solely used for some purpose other than
a manufacturing process carried on in the factory, that place-
(a) shall be deemed not to form part of the
factory for the
purposes of this Act, and
(b) shall, if it would otherwise be a
factory, be deemed to
be a separate factory.
PART II. ADMINISTRATION
4. Administration of Act.
(1) The Departmental Head is, subject to any directions of the
Minister, charged with the administration of this Act.
(2) The Departmental Head has and may exercise all the powers and
functions of an Industrial Safety Officer under this Act.
5. Industrial Safety Officers.
(1) The Minister may, by notice in the National Gazette, appoint
officers to be Industrial Safety Officers.
(2) On appointment, an Industrial Safety Officer shall be issued
with a certificate of appointment in the prescribed form.
(3) An Industrial Safety Officer has such functions, duties and
responsibilities as are conferred or imposed on him by this Act.
6. Medical officers.
The Director of Public Health may, by notice in the National
Gazette, appoint medical practitioners to be medical officers for
the purposes of this Act.
7. Delegation.
The Departmental Head may, by writing under his hand, delegate
to an Industrial Safety Officer all or any of his powers and
functions under this Act (except this power of delegation).
8. Exemptions.
The Departmental Head may, by written notice, exempt an employer
or a place of employment from all or any of the provisions of
this Act, subject to such conditions and for such period as he
thinks fit.
9. Report.
The Departmental Head shall present to the Minister, at least
once in every year, for presentation to the Parliament, a report-
(a) reviewing the operation of this Act; and
(b) drawing attention to any measures that
are, in his
opinion, desirable for achieving the purposes
of this Act.
PART III. INSPECTION AND GENERAL.
10. Power of inspection.
(1) An Industrial Safety Officer may, at all reasonable times and
with or without notice to any person, enter any premises or place
at which he has reasonable grounds for suspecting that an
employee is, or has recently been, employed.
(2) For the purpose of or in the course of an inspection under
Subsection (1), an Industrial Safety Officer may inspect, test
and record details of-
(a) boilers, pressure vessels, machinery,
plant, equipment,
fittings, appliances, tools or dangerous
substances; and
(b) storage facilities; and
(c) safety measures, devices and appliances;
and
(d) such other things used, kept or stored at
or on the
premises or place of employment as are
prescribed.
(3) An Industrial Safety Officer may, for the purposes of this
Act, examine, test or take samples of any material, matter or
thing on, produced, used or stored on, any place referred to in
Subsection (1).
(4) At the time of taking a sample under Subsection (3), an
Industrial Safety Officer shall, if so required by the employer
or the owner or occupier-
(a) divide the sample into three parts; and
(b) label or mark, and seal or fasten up,
each separate
part in such manner as its nature allows; and
(c) deliver one part to the owner, employer
or occupier,
retain one part and arrange for the remaining
part to be
submitted to examination, tesr, or analysis.
(5) Where an accident has occurred at a place of employment, an
Industrial Safety Officer may take-
(a) for examination, test or analysis; or
(b) as an exhibit in any proceedings under
this Act,
anything that he.thinks may have been
concerned in or
responsible for the accident.
(6) An Industrial Safety Officer may at all reasonable times
question an employee and the employer or the occupier or owner
of the property in regard to any matter that, in the opinion of
the Officer questioning, affectss the safety, health or welfare
of an employee.
11. Orders and directions.
(1) The Departmental Head may issue directions, not inconsistent
with this Act, to an employer as to the manner of doing or
refraining from doing any matter or thing required by or under
this Act to be done or not to be done.
(2) An Industrial Safety Officer may give an order, not
inconsistent with this Act-
(a) if he is of the opinion that the
continued use of any
machine, plant, equipment or appliance is of
danger to
life, health or limb-prohibiting the use of
the machine,
plant, equipment or appliance, absolutely or
conditionally;
or
(b) requiring-
(i) the fitting
of guards to any specified machine,
plant,
equipment or appliance; or
(ii) the taking
of such other safety precautions or
measures for
the protection of persons,
as are, in his opinion, necessary or
reasonable in the
circumstances; or
(c) requiring the issue and the use of safety
equipment or
protective clothing.
12. Prohibition of use of certain machines or appliances.
For the purposes of this Act, the Departmental Head may, by
notice in the National Gazette, prohibit the use of any specified
type or make of machine, plant, equipment or appliance,
absolutely or conditionally.
13. Appeals.
(1) A person aggrieved by a decision, order or requirement of an
Industrial Safety Officer under this Act rnay appeal to the
Departmental Head.
(2) A person aggrieved by a decision, order, direction,
requirement, declaration or notice of the Departmental Head under
this Act may appeal to the Minister, whose decision is finale.
(3) Notwithstanding that an appeal under this section is being
or is to be made-
(a) the decision or declaration stands; and
(b) the order, direction or requirement shall
be complied
with, until the appeal is upheld.
(4) Where-
(a) an appeal under this section is upheld;
and
(b) a person has suffered loss or injury by
reason of the
matter appealed against, the State shall pay
to the person
such amount by way of compensation for the
loss or injury
as the Minister thinks proper.
14. Report of offences against other legislation.
Where, on an inspection of a place of employment under this Part,
an Industrial Safety Officer notices or suspects that an offence
against a law other than this Act relating to-
(a) employment; or
(b) health or sanitation; or
(c) fire precautions or safety measures; or
(d) electrical equipment, installations or
appliances; or
(e) building; or
(f) town planning,
is being or has been committed, he shall immediately report the
matter in writing to the appropriate authority.
PART IV. REGISTRATION OF FACTORIES.
15. Requirement of registration.
A person shall not occupy or use any premises as a factory unless
he holds a certificate of registration, a permit or an authority
under Section 17(b) or 28 in respect of the premises.
16. Application for registration.
Application for the registration of premises as a factory-
(a) shall be made to the Departmental Head by
written
notice in the prescribed form; and
(b) shall be accompanied by-
(i) a plan of
the premises showing such particulars of
the premises
and the process to be carried on as are
prescribed; and
(ii) such other
information as the Departmental Head
requires.
17. Registration, etc.
On receipt of an application under Section 16, the Departmental
Head may-
(a) register the premises as a factory and
issue to the
applicant a certificate of registration; or
(b) issue to the applicant a permit
authorizing the use of
the premises as a factory for a period named
in the permit,
or such further period as the Departmental
Head allows,
pending the carrying out of any alterations
or repairs
required to make the premises suitable for a
factory; or
(c) refuse to register the premises as a
factory.
18. Certificates of registration and permits to occupy.
If the Departmental Head decides to: register or to issue a
permit to occupy the premises as a factory, he shall, on payment
of the prescribed registration fee, issue to the applicant a
certificate of registration or a permit, as the case may be, in
the prescribed form, specifying-
(a) the name of the occupier; and
(b) the address and situation of the factory;
and
(c) the nature of the manufacturing process
to be carried
on in it.
19. Period of registration.
(1) Subject to this Act, the registration of any premises as a
factory-
(a) continues in force until 31 December
after the date of
the registration; and
(b) on payment of the registration fee, may
be renewed from
time to time for periods each not exceeding
12 months.
(2) The Departmental Head may-
(a) refuse to renew the registration of a
factory; or
(b) hold the renewal over and issue a permit
to occupy the
factory pending the carrying out of any
order, direction or
requirement under this Act.
20. Reasons for failure to register, etc.
When the Departmental Head refuses-
(a) to register any premises as a factory; or
(b) to renew the certificate of registration
of a factory,
he shall, on the written request of the
applicant for
registration or renewal, state in writing the
grounds of
his refusal.
21. Vacation of premises.
The person in whose name a factory has been registered shall, on
ceasing to be its occupier, serve on the Departmental Head a
written notice of the fact, and until he does so he-
(a) shall be deemed to be an occupier of the
factory; and
(b) is subject to all the provisions of this
Act relating
to the factory.
22. Alteration of business, premises, etc.
(1) Where-
(a) in a registered factory there is a change
in the nature
of the process in respect of which the
premises have been
registered; or
(b) there is an extension or structural
alteration of the
premises constituting a registered factory,
then-
(c) the occupier shall immediately notify the
Departmental
Head of the change or of the extension or
alteration, as
the case mag be: and
(d) the Departmental Head may, by written
notice, require
the occupier to make a fresh application for
registration
in the prescribed manner.
(2) If the occupier of any premises to which Subsection (1)
applies fails to notify or to make application under that
subsection within 14 days, or. such further time as the
Departmental Head allows, of the change, extension or alteration,
as the case may be, the factory shall be deemed to be
unregistered.
23. Cancellation of registration.
The Departmental Head may cancel the registration of a factory
in respect of which an offence has been committed against this
Act or against any other law relating to-
(a) employment; or
(b) health or sanitation; or
(c) fire precautions or safety measures; or
(d) electrical equipment, installations or
appliances; or
(e) building.
24. Failure to pay fees.
If a fee is unpaid at the expiration of one month after the due
date, the factory in respect of which the fee is payable shall
be deemed to be an unregistered factory.
25. Applications in respect of more than one factory.
(1) Subject to Subsection (2), an application for a certificate
of registration or a permit may relate to more than one factory
owned by the applicant sat situated-
(a) on the one block of land; or
(b) on more blocks of land than one if those
blocks are
worked as a single property,
and a certificate of registration or a permit may be issued
accordingly.
(2) Where, in the case of an application referred to in
Subsection (1), the purposes of one or more of the factories the
subject of the application are so disparate from those of the
other or others that it is desirable in the circumstances that-
(a) separate applications be mate; or
(b) separate certificates of registration or
separate
permits be issued,
the Departmental Head may-
(c) reject the application and require fresh
applications;
or
(d) issue separate certificates of
registration or
separate permits.
26. Approval for erection, etc
(1) A person shall not-
(a) commence the erection of a building
intended for use as
a factory, or cause it to be commenced: or
(b) carry out any structural alterations or
additions to
any premises-
(i) intended
for use as a factory; or
(ii) in respect
of which a permit is in force, or
cause them to
be carried out without the prior
approval of the
Departmental Head.
(2) Application for approval under Subsection (1) shall-
(a) be made in the prescribed manner by the
builder or
owner or his architect; and
(b) be accompanied by
(i) two copies
of the plans and specifications of the
building or of
the structural alterations or
additions, as
the case may be; and
(ii) such other
information as the Departmental Head
requires.
(3) The Departmental Head shall retain one copy of the plans and
specifications supplied under Subsection (2)(b).
(4) The Departmental Head shall consider an application under
Subsection (2) and the plans and specifications accompanying it,
and may-
(a) approve the application, plans and
specifications; or
(b) approve them subject to conditions, or
disapprove them.
(5) A building intended for use as a factory, and a structural
alteration or addition to premises intended for use as a factory
or in respect of which a permit is in force, shall be erected and
carried out, to the satisfaction of the Departmental Head, in
conformity with the relevant application, plans and
specifications approved under Subsection (4).
(6) A person who-
(a) does work, or causes work to be done, in
connection
with the erection of a building intended for
use as a
factory; or
(b) carries out structural alterations or
additions, or
causes them to be carried out, to premises
intended for use
as a factory or in respect of which a permit
is in force,
without the approval required by this section, or otherwise than
in conformity with the approval, is guilty of an offence.
Penalty for an offence against this subsection: A fine not
exceeding K200.00.
27. Notification of defects.
(1) If, in the opinion of an Industrial Safety Officer, a
building or place used or about to be used as a factory is unfit
for that use, he shall, by written notice served personally or
by post to his last-known address, on the occupier or the
applicant for registration of the factory, request the occupier
or applicant to comply with such requirements as the Industrial
Safety Officer thinks necessary to render the office, building
or place fit for occupation as a factory and specifies in the
notice.
(2) Where an Industrial Safety Officer reports that in his
opinion, by reason of structural difficulties, sanitary defects
or otherwise, no requirements that may be specified under
Subsection (1) will fit a building or place for use as a factory,
he shall so report to the Departmental Head and the Departmental
Head may make-
(a) an order forbidding the use of the
building or place as
a factory; or
(b) such other order as he thinks proper; or
(c) an order canceling the registration of
the building or
place.
28. Authority to occupy temporary premises.
Where, through fire, tempest or other calamity, an occupier is
unable to carry on his factory in the premises for which a
certificate of registration has been issued, the Departmental
Head may, without payment of further fee, grant an authority to
occupy, for a period specified in the authority, other premises
as a factory, pending the obtaining by the occupier of permanent
premises.
PART V. CONDITIONS OF WORK
Division 1. General Provisions.
29. Cleanliness, space and ventilation.
(1) The occupier of a factory shall maintain, to the satisfaction
of an Industrial Safety Officer, the factory and the surroundings
in a clean condition and free from effluvia arising from drains,
earth or water closets, privies or other nuisances.
(2) A factory shall, to the satisfaction of an Industrial Safety
Officer-
(a) not be so overcrowded while work is
carried on in it as
to be injurious, or to tend to be injurious,
to the safety,
health or welfare of the persons employed in
it; and
(b) contain such amount of cubic and clear
floor space for
each person employed as is prescribed;
and,
(c) have the prescribed amount of unobscured
natural
lighting; and
(d) be ventilated in such a manner as to
remove or make
harmless, as far as practicable, all the
gases, vapours,
dust and other particles and other impurities
generated in
the course of the process carried on in it.
(3) The occupier of a factory shall comply promptly with any
reasonable instruction given by an Industrial Safety Officer for
the purpose of requiring compliance by the occupier with any of
the provisions of this section.
30. Meals.
The Departmental Head may, by written notice-
(a) forbid the occupier of a factory to
permit employees to
take their meals in a room while work is
being carried out
in the room; or
(b) direct the occupier to provide in or near
the factory
a suitable room for the purposes of a dining
or eating room
for the employees.
31. Sanitary and ablution facilities.
An employer shall provide at all places of employment-
(a) such sanitary and ablution facilities;
and
(b) such change-rooms, lockers and
rest-rooms, as are
prescribed.
32. Means of access.
In any premises of employment there shall be provided, as
prescribed or Departmental Head in a particular case directs-
(a) sufficient and safe means of access into
and egress
from any room or part of the premises for
persons working
in it; and
(b) sufficient and safe means of access and
passage for
persons in the course of their duties in and
around plant,
equipment, machinery and appliances in the
premises; and
(c) barriers of adequate strength and
construction to
prevent persons from falling from floors,
walkways,
platforms, stairs, ladders, ramps or walking
or working
surfaces.
33. First-aid facilities and personnel.
At a factory and at such other places of employment as a medical
officer directs, the prescribed first-aid personnel and first-aid
kit shall be provided and maintained by the employer.
34. Notification of disease or injury.
Where an employee suffers a disease or injury that arose or might
have arisen out of or in the course of his employment, and that-
(a) requires attention by a medical
practitioner or medical
assistant; or
(b) results in death,
the employer must immediately give notice in the prescribed form
to the Departmental Head setting out-
(c) the nature and cause of the disease or
injury; and
(d) the circumstances in which it occurred.
Penalty: A fine not exceeding K200.00.
Division 2. Particular Provisions.
35. Dangerous work.
(1) This section applies to work that is of a dangerous nature
involving the risk of loss of life or limb or deterioration in
health, and particularly in work connected with-
(a) the use, transport or storage.of
dangerous substances;
or
(b) dangerous industrial processes, or
(c) the operation of plant, appliance,
equipment and
machinery; or
(d) the use of electrical equipment,
appliances or tools;
or
(e) building construction; or
(f) the use of scaffolding, ladders, overhead
walks,
runways or platforms; or
(g) deep-sea diving; or
(h) such other processes as are prescribed.
(2) An employer must not employ an employee in any work to which
this section applies unless the employer-
(a) is satisfied that the employee's physical
and mental
capacity are such as to fit him for the
duties; and
(b) has-
(i) given
appropriate prior warning to the employee of
the risks
involved and of the measures required of the
employee to
reduce those risks to a minimum; and
(ii)
appropriately instructed the employee-
(A) in the safe performance of his duties; and
(B) in the use and handling of any boilers,
pressure vessels, machinery, appliances,
equipment, fittings, tools and dangerous
substances used in connection with those duties;
and
(iii) provided
for the use of the employee such
protective
clothing and equipment as is necessary for
the safe
performance of his duties and for his
personal safety
or as is prescribed; and
(iv) taken such
other measures as will ensure that the
employee is
adequately safe-guarded ant protected
whilst employed
in that work, including all safety
precautions
that are-
(A) necessary to reduce, as far as is
practicable, the death or injury; or
(B) normal in relation to the particular risks
involved; or
(C) required to be taken in any particular case
by an Industrial Safety Officer or medical
officer; or
(D) prescribed.
Penalty: A fine not exceeding K200.00.
36. Installation, operation and maintenance of boilers, etc.
The occupier of a factory must-
(a) install, maintain and operate, in a
manner adequate to
safeguard and protect employees from injury,
boilers,
pressure vessels, machinery, plant, driving
belts,
electrical equipment, fittings, appliances
and tools that
are used or are to be used at or in any place
or premises-
(i) in which
employees work; or
(ii) in which
employees or their dependants are
accommodated by
or on behalf of the employer, or which
they use; and
(b) provide and maintain in good condition
guards for all
dangerous parts of machinery so as to
prevent, as far as is
practicable, accidental contact with-
(i) the dangerous parts of
the machinery; or
(ii) material or objects
projected from the machinery,
and in regard to such matters must in addition comply promptly
with any reasonable instruction given by an Industrial Safety
Officer or medical officer relating to measures for the
protection of employees and their dependants.
Penalty: A fine not exceeding K500.00.
37. Clothing etc., of employees working with machinery.
(1) An employee who while employed in feeding or operating
machinery, or working in close proximity to machinery-
(a) wears-
(i) a
long-sleeved shirt, coat or garment, a rami or
lava lava, a
loose dress or blouse or any clothing or
adornment
likely to become entangled in the machinery;
or
(ii) footwear
of the type commonly known as scuffs; or
(iii) any
protection to the hand except a glove that
is not fastened
at the wrist; or
(b) unless his hair is cut safely short,
fails to wear a
cap, scarf or other suitable means of
fastening and
confining his hair,
is guilty of an offence.
(2) An employer who permits an employee to contravene
Subsection(1) is guilty of an offence.
Penalty: A fine not exceeding K100.00.
38. Ventilation, etc., in certain kinds of work.
(1) This section applies in any case where-
(a) grinding, glazing or polishing on a
wheel, or dressing
timber, or any other process in which dust is
generated
that is or may be inhaled by an employee to a
dangerous
extent, is carried on in any premises or
place of
employment, and it appears to an Industrial
Safety Officer
that such inhalation could be to great
extent prevented by
the use of a fan or by other mechanical means
of
ventilation; or
(b) atmospheric humidity is artificially
produced in any
premises of employment by steaming or other
mechanical
appliances by which the health of an employee
is or may be
injuriously affected, and it appears to an
Industrial
Safety Officer that the humidity so produced
could be to a
great extent lessened by the adoption of
sufficient means
of ventilation or prevention; or
(C) the conditions in any premises of
employment are, by
reason of defective ventilation or otherwise,
such that the
health of an employee is or may be
injuriously affected,
and it appears to an Industrial Safety
Officer that those
conditions could be improved by use of a fan
or by other
sufficient means of ventilation.
(2) In a case to which this section applies, the Industrial
Safety Officer may serve on the occupier of the premises or place
a notice requiring him to provide a fan or other means of
ventilation, as the case requires, to the satisfaction of the
Industrial Safety Officer.
39. Protection from dust, fluff, fumes, etc.
Where, in connection with any process carried on in any premises
of employment, dust, fluff, fumes or other impurities are
generated or given off, of such a character or to such an extent
that the inhalation of them would be likely to be injurious or
offensive to persons employed in the premises-
(a) effective measures shall be taken by the
occupier-
(i) to prevent
the accumulation in a work-room of any
such dust,
fluff, fumes or impurities; and
(ii) to protect
such persons from the inhalation of
the dust,
fluff, fumes or impurities,
whether or not a notice has been served under
Section 38;
and
(b) where the nature of the process makes it
practicable,
exhaust appliances shall be provided and
maintained as near
as possible to the point of origin of the
dust, fluff,
fumes or impurities, so as to prevent them
from entering
the air of a work-room.
40. Work in confined spaces.
(1) Where work is to be done inside a chamber, tank, vat, pit,
pipe, sewer, underground culvert, flue or similar confined space
in which dangerous fumes, gas, dust or vapour are or is likely
to be present, to enter or to be generated in the course of the
work to such an extent as to involve a risk of a person being
overcome-
(a) the space shall, unless there is other
adequate means
of egress, be provided with a manhole that-
(i) is
rectangular, oval or circular in shape; and
(ii) is not
less than 450 mm long and 400 mm wide, or
in the case of
tank wagons and other mobile plant not
less than 400
mm long and 350 mm wide; and
(b) the employer shall cause the following
requirements to
be complied with:-
(i) all
practicable steps shall be taken-
(A) to remove any fumes, gas, dust or vapour that
are present: and
(B) to prevent ingress of fumes, gas, dust or
vapour, and, unless it has been ascertained by a
suitable test that the space is free from
dangerous fumes, any person entering or working
in the space shall wear a belt to which there is
securely attached a rope the free end of which is
held by a person outside; and
(ii) in case of
emergency or where it is impracticable
to comply with
the requirements of Subparagraph (i),
any person
entering or working in the confined space
shall wear a
breathing apparatus of a type approved by
the
Departmental Head; and
(iii) effective
provision shall be made-
(A) to collect as near as practicable to the
point of origin, and remove to the outer air, any
fumes, gas, dust or vapour generated during the
course of the work; and
(B) to ventilate the confined space; and
(iv) breathing
apparatus and reviving apparatus of a
type approved
by the Departmental Head and suitable
belts and ropes
shall be provided and maintained in a
good order and
condition and so as to be readily
accessible; and
(v) a
sufficient number of persons employed in and
about the
confined space shall be persons trained and
practiced, to
the satisfaction of an Industrial Safety
Officer, in the
use of apparatus referred to in
Subparagraph
(iv) and in the method of restoring
respiration.
(2) A person shall not be permitted to work in a boiler furnace
or boiler-flue or a confined space referred to in Subsection (1)
in which excessive heat is present until it has been sufficiently
cooled by ventilation or otherwise to make work safe for the
persons employed in it.
41. Particular safety responsibilities of employees.
An employee who fails-
(a) to immediately report to his employer any
defect that
he discovers in any boiler, pressure vessel,
machinery,
driving belt, electrical equipment, fitting,
appliance or
tool; or
(b) to pay due regard to all warnings issued
to him as to
the risk in which he is involved in the
performance of his
duties; or
(c) to take such measures as he is required
to take to
reduce such risks to a minimum; or
(d) to make proper use of all safeguards,
safety devices,
protective clothing and equipment, and other
appliances
furnished for his protection,
is guilty of an offence.
Penalty: A fine not exceeding K100.00.
Division 3. Industrial Safety Orders.
42. Declaration of dangerous trades, occupations and processes.
The Minister may, by notice in the National Gazette, declare a
trade, occupation or process to be a specially dangerous trade,
occupation or process.
43. Orders.
Where a declaration has been made under Section 42, the Minister
may, by order in the National Gazette, specify the special
precautions to be taken in the trade, occupation or process,
including-
(a) the conditions under which persons may be
employed in
it; and
(b) restrictions on employment in it.
44. Application of declarations of dangerous trades and
industrial safety orders.
Without limiting the generality of Sections 42 and 43, a
declaration or an order under either of those sections may relate
to a trade, occupation or process when it is carried on-
(a) in a certain part of the country; or
(b) during a certain period, or at certain
times, seasons
or occasions; or
(c) generally, in certain circumstances,
specified in the declaration or order.
PART VI. MISCELLANEOUS.
45. Obstruction, etc.
A person who-
(a) hinders or obstructs a person in the
exercise of his
powers or the performance of his functions
under this Act;
or
(b) refuses or fails, without reasonable
excuse (proof of
which is on him), to comply with a notice,
order, direction
or requirement given under this Act; or
(c) refuses or fails, without reasonable
excuse, to answer
questions asked of him under this Act,
is guilty of an offence.
Penalty: A fine not exceeding K100.00.
46. Unlawful use of buildings, etc.
The owner and the occupier of any building or place in respect
of which the provisions of this Act, or of a notice, order,
direction or requirement under this Act, are not complied with,
is guilty of an offence.
Penalty: A fine not exceeding K500.00.
47. Institution of proceedings, etc.
(1) Proceedings under this Act may be instituted in the name of
the Departmental Head by the Departmental Head or an Industrial
Safety Officer authorized for the purpose by the Departmental
Head.
(2) A written authority or a telegram purporting-
(a) to be signed or sent by the Departmental
Head; and
(b) to authorize an Industrial Safety Officer
to institute
any proceedings under this Act.
is, on production-
(c) admissible in evidence in the
proceedings; and
(d) conclusive evidence of the authority of
the Industrial
Safety Officer to institute proceedings in
the name of the
Departmental Head.
48. Relation of this Act to other laws.
(1) Where, in relation to an employee or to all employees at a
place of employment, an act, matter or thing required to be done
or provided under this Act is substantially also required to be
done or provided under any other law, compliance with that
last-mentioned law shall be deemed to be compliance with the
relevant provisions of this Act in relation to the employee or
to the place of employment, as the case may be.
(2) Where-
(a) an application, report, return or notice
is required
under this Act to be made, given or sent to
an officer or
authority; and
(b) an application, report, return or notice
with the same
or similar requirements is also required to
be made, given
or sent under any other law to an officer or
authority,
compliance with this Act shall be deemed to be compliance with
that other law and compliance with that other law shall be deemed
to be compliance with this Act.
(3) In a case referred to in Subsection (2), the officer or
authority to whom the application, report, return or notice is
actually made, given or sent shall immediately forward it or a
copy of it to the other officer or authority.
49. Application of Standard Codes.
(1) The regulations may adopt any Standard Code or procedure laid
down by the Standards Association of Australia or any other
prescribed authority in relation to-
(a) the construction, maintenance or
operation of plant or
machinery; or
(b) the carrying out of processes; or
(c) any other matter or thing relating to
industrial
safety, health or welfare, and compliance
with that Code or
procedure shall be deemed to be compliance
with the
relevant provisions of this Act or of any
order or
direction under this Act.
(2) In adopting a Standard Code or procedure under Subsection
(1), the regulations may adopt it subject to such additions,
modifications, conditions or restrictions as are prescribed.
50. Regulations.
The Heat of State, acting on advice, may make regulations, not
inconsistent with this Act, prescribing all matters that by this
Act are required or permitted to be prescribed, for carrying out
or giving effect to this Act and in particular for prescribing-
(a) the notices to be given, and the returns
and records to
be made, under this Act, and the form of such
notices,
returns and records; and
(b) the form and conditions of registration
of premises of
employment and the fees payable; and
(c) the control of thermal conditions in
premises of
employment; and
(d) requirements for the adequate lighting of
any place or
places of employment; and
(e) the space to be provided for persons
employed in
premises of employment, and the measures
necessary to
prevent the over-crowding of persons so
employed; and
(f) the nature of the flooring, lining,
roofing and ceiling
of premises of employment and the methods of
constrain to
be used; and
(g) the precautions to be taken against the
risk of injury
to, or impairment of, the health of employees
and other
persons in or at places of employment, and
for imposing on
certain persons the duty of seeing that the
precautions are
taken; and
(h) the sanitary and ablution facilities, the
change-rooms,
lockers, rest-rooms, the supply and
conditions of drinking
water and other amenities to be provided at
places of
employment; and
(i) the dimensions, situation, design,
construction,
material, approach space and ventilation of
the places and
things referred to in Paragraph (h) necessary
for the
health and convenience of employees and to
secure proper
sanitation; and
(j) the cleaning of premises of employment;
and
(k) the measures to be taken for the
prevention and
extinguishing of fires at premises of
employment; and
(l) the conditions under which, and the
manner in which,
any goods or things may be stored in or on
places of
employment; and
(m) the measures necessary for securing the
safe working
and usage of machinery; and
(n) the measures necessary for securing the
safe working
and use of cranes and hoists; and
(na) the measures necessary for securing the
safe working
and usage of lifts; and
(o) the measures necessary for securing the
safe working
and use of boilers and pressure vessels; and
(oa) the fees to be paid by employers for the
inspection of
boilers, pressure vessels and lifts; and
(p) the qualifications necessary for the
operation of any
plant, equipment, machinery or appliance; and
(q) the restrictions necessary on the
employment of young
persons or females in certain trades,
occupations or
processes; and
(r) penalties of fines not exceeding K 500.00
for offences
against the regulations.
(Amended by No. 5 of 1976)
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