Solomon Islands
SAFETY AT WORK ACT 1982
NO.3 OF 1982
ARRANGEMENT OF SECTIONS
PART I: INTRODUCTORY
SECTION
1. Short title and commencement.
2. Meaning of "employer"
and "employee".
3. Meaning of "workplace".
PART II: GENERAL DUTIES
Codification of existing duties of employers
and others
4. General duty of employers to their
employees.
5. General duty of employers and
self-employed to
persons other than
their employees.
6. General duty of employees at work.
7. General duty of those who control
workplaces, etc.,
to persons not thier
employees.
8. Duty of manufacturers, suppliers, etc.,
of tools and
equipment.
9. Duty of manufacturers, suppliers, etc.,
of chemicals
and other substances.
10. Provisions supplementary to sections 8 and 9.
11. Effect on common law.
Extension of existing duties
12. Strict liability of employer for defective
equipment, etc.
13. Extension of duties to those abroad.
Consequences of breach of duty
14. Civil liability and criminal penalties for
breach of
duty, etc.
PART III: SPECIFIC DUTIES
Dust, fumes, etc.
15. Duty to protect persons from harmful dust,
fumes,
etc.
16. Specific limits on exposure to dust, fumes,
etc.
Pressure and vacuum systems
17. Pressure and vacuum systems.
Machinery
18. Lifting equipment.
19. Dangerous machinery.
Electrical installations
20. Electrical installations.
Fire and explosion
21. Fire precautions.
22. Precautions against explosion.
Miscellaneous
23. Duty to use capable subcontractors.
24. Interfering with safety equipment, etc.
Penalties
25. Penalties for offences under this Part.
PART IV:GENERAL AND INTERPRETATION
Codes of practice and regulations
26. Codes of practice.
27. Use of approved codes of practice.
28. Regulations.
Administration
29. Powers of Commissioner of Labour.
30. Remedial notices.
31. Prohibition notices.
32. Provisions supplementary to sections 29 to
31.
33. Offences under sections 29 to 31.
34. Prosecutions by Commissioner of Labour.
Fees
35. Fees.
Interpretation
36. Meaning of "person in control".
37. Onus of proving limits of what is
practicable, etc.
38. Meaning of " work" and "at
work".
39. General Interpretation.
Miscellaneous
40. Subsidiary legislation.
41. Application to Government.
42. Extent of Act.
43. Amendments and repeals.
SCHEDULES : 1. Examples of the duty imposed by
section 4.
2. Pressure
and vacuum systems.
3. Lifting
equipment.
4. Electrical
installations.
5. Examples
of matters that may be dealt with by
regulations under section 28.
6. Glossary.
7. Amendments
and repeals.
SAFETY AT WORK ACT 1982
NO. 3 OF 1982
AN ACT to provide for the health, safety and welfare of
persons at work and to protect persons against risks to health
or safety arising out of or in connection with the activities
of persons at work; to impose specific requirements in respect
of certain articles and substances that are a potential source
of danger; to make minor amendments to the Labour Act and the
Workmen 's Compensation Act; and for connected purposes.
ENACTED by the National Parliament of Solomon Islands.
PART I: INTRODUCTORY
1. (1) This Act may be cited as the Safety at Work Act
1982.
(2) This Act is to come into force on such
day as the
Minister may by
notice in the Gazette appoint; and different days may be
appointed for different provisions and for different purposes.
(3) Section 56 of the Interpretation and
General
Provisions Act 1978 does not apply to a notice under this
section.
2. The following cases apply to decide, for the purposes of
this Act, whether an individual (call him "A") is the employee
of another person; and the words "employer" and "employee"
are
to be interpreted accordingly :
Case 1 A works under a contract of
employment with
another person (call him "B") in connection
with B's business : A is B 's employee.
Case 2 A works under a contract
of employment with
another person (call him "B") but the work is
done for a third person (call him "C") in
connection with C 's business under an
arrangement between B and C whereby C may tell
A what to do and how to do it : A is C 's
employee, not B 's employee.
Case 3 A works for another person
(call him "D") in
connection with D 's business under an
arrangement between A and D (which does not
provide for any pay or other consideration for
the work) whereby D may tell A what to do and
how to do it : A is D 's employee.
3. In this Act, "workplace" means any premises or
other
place made available in the course of business -
(a) as a place of work, or
(b) as a place where persons at work may
use plant or
substances provided for
their use there,
and any place used in connection with such a place and
includes any means of entering or leaving such a place.
PART II: GENERAL DUTIES
Codification of existing duties of employers and others
4. (1) It is the duty of every employer to ensure, so
far
as is reasonably practicable, the health and safety at work of
all his employees.
(2) Schedule 1 contains examples of the duty
imposed by
this section.
5. (1) It is the duty of every employer to conduct his
business in such a way as to ensure, so far as is reasonably
practicable, that persons who are not his employees but may be
affected by the way he conducts his business are not exposed
by the way he conducts it to risks to their health or safety.
(2) It is the duty of every self-employed
person to
conduct his business in such a way as to ensure, so far as is
reasonably practicable, that he and other persons who are not
his employees but may be affected by the way he conducts his
business are not exposed by the way he conducts it to risks to
their health or safety.
6. It is the duty of every employee while at work to take
reasonable care for the health and safety of himself and of
other persons who may be affected by his acts or omissions at
work.
7. (1) It is the duty of every person in control.-
(a) of any
workplace, or
(b) of any plant or
substance in a workplace,
to ensure, so far as is reasonably practicable, that the
workplace or the plant or substance in it (as the case may be)
is safe and without risks to health for persons other than his
employees.
(2) The duty imposed by this section is in
addition to
any duty imposed on a person as occupier of premises.
8. (1) It is the duty of any person who designs,
manufactures, imports or supplies any article for use at
work -
(a) to ensure, so far as is reasonably
practicable, that
the article is so
designed and constructed as to be
safe and without risks to
health when properly used;
(b) to carry out or arrange for the carrying out
of such
testing and examination
as may be necessary for the
performance of the duty
imposed on him by the
previous paragraph;
(c) to take such steps as are necessary to
secure that
there will be available
in connection with the use
of the article at work
adequate information about
the use for which it is
designed and has been
tested, and about any
conditions necessary to ensure
that, when put to that
use, it will be safe and
without risks to health.
(2) It is the duty of any person who erects
or installs
any article for use at work in any premises where that article
is to be used by persons at work to ensure, so far as is
reasonably practicable, that nothing about the way in which it
is erected or installed makes it unsafe or a risk to health
when properly used.
9. It is the duty of any person who manufactures, imports
or supplies any substance for use at work -
(a) to ensure, so far as is reasonably
practicable, that
the substance is safe and
without risks to health
when properly used;
(b) to carry out or arrange for the
carrying out of
such testing and
examination as may be necessary for
the performance of the
duty imposed on him by the
preceding paragraph;
(c) to take such steps as are necessary to
secure that
there will be available
in connection with the use
of the substance at work
adequate information about
the results of any
relevant tests which have been
carried out on or in
connection with the substance
and about any conditions
necessary to ensure that it
will be safe and without
risks to health when
properly used.
10. (1) Any duty imposed on any person by sections 8 and 9
extends only to things done in the course of his business and
to matters within his control.
(2) Nothing in those sections requires any person
to
repeat any testing or examination which has been carried out
otherwise than by him or at his instance, in so far as it is
reasonable for him to rely on the results of that testing or
examination for the purposes of those sections.
(3) For the purposes of those sections, an
article or
substance is not to be regarded as properly used where it is
used without regard to any relevant information or advice
relating to its use which has been made available by a person
by whom it was designed, manufactured, imported or supplied.
11. The duties imposed by the preceding sections have effect
in place of the corresponding duties at common law; but do not
affect any other liability at common law (such as the
liability of an employer for the acts of his employees).
Extension of existing duties
12. (1) If an individual suffers personal injury at work in
consequence of a breach by a person other than his employer of
a duty imposed by sections 8 and 9 then, even though the
employer is not personally at fault, those sections and
subsection (1) of section 14 (but not subsection (2) of the
section) shall apply as if the employer also were in breach
of that duty.
(2) Subsection (1) does not prevent an employer
who
incurs liability by virtue of that subsection from obtaining
relief by way of contribution, or in contract or otherwise.
13. The duties imposed by sections 8 and 9 on those who
design, manufacture or supply articles or substances extend,
in respect of an article or substance which is used at work in
Solomon Islands, to those who design, manufacture or supply it
at any place outside Solomon Islands.
Consequences of breach of duty
14. (1) If an individual suffers personal injury in
consequence of a failure to discharge a duty imposed by
sections 4 to 9, the failure is actionable.
(2) A person who fails to discharge a duty
imposed by
sections 4 to 9 is guilty of an offence and liable on
conviction to a fine of $1000 , or imprisonment for one year,
or both.
(3) Any term of an agreement which purports
to exclude
or restrict the operation of subsection (1), or any liability
arising by virtue of the subsection, is void.
(4) Where a person has been convicted of an
offence of
failure to discharge a duty imposed by sections 4 to 9 then,
in any civil proceedings in which the question arises as to
whether or not he failed to discharge the duty, the conviction
is to be conclusive evidence that he failed to do so and is to
be admissible in evidence accordingly.
PART III: SPECIFIC DUTIES
Dust, fumes, etc.
15. (1) Where an employee is at work and either -
(a) he is engaged in work which involves the use
of a
harmful substance ; or
(b) a harmful substance is present where the work
is being
carried on;
then the duties in subsections (2) and (3) arise.
(2) It is the duty of the employer to ensure that
neither
the employee nor any other person is exposed to that substance
to any degree that is likely to cause personal injury.
(3) It is the duty of any person in control of
that
substance to ensure, so far as is practicable, that neither the
employee nor any other person is exposed to that substance to any
degree that is likely to cause personal injury.
(4) For the purposes of this section and section
16, a
person is exposed to a harmful substance if -
(a) it comes into contact with his body; or
(b) it enters his body (by inhalation, ingestion,
absorption through the
skin or any other means).
(5) In this section and section 16, "harmful
substance"
means any substance that is capable of causing personal injury
by -
(a) contact with the body; or
(b) entry into the body (by inhalation,
ingestion,
absorption through the
skin or any other means);
and includes a substance that is capable of causing personal
injury only under particular conditions (for example, if it is
heated, vaporises or ignites).
(6) A person who fails to discharge a duty
imposed by this
section is guilty of an offence.
16. (1) The Minister may approve any document (including a
revision of a document) specifying, in any form, the limit beyond
which a person should not be exposed to any harmful substance;
and may at any time withdraw any approval given under this
subsection.
(2) Where the Minister gives or withdraws any
approval
under subsection (1), he must by notice in the Gazette identify
the document concered and state the date (not being earlier than
the date of the notice) on which the approval is to have effect
or cease to have effect.
(3) If a person is exposed to any harmful
substance beyond
the limit specified in a document for the time being approved
under subsection (1), he is to be treated for the purposes of
section 15 (2) and (3) as having been exposed to that substance
to a degree that is likely to cause personal injury.
(4) Where -
(a) a document specifying a limit is for the time
being
approved by the Minister
under this section; and
(b) the limit specified is expressed as an
average
concentration of the
substance to or above which a
person should not be
exposed over a particular period
or particular period of
time,
then, for the purposes of any proceedings for an offence under
section 15, evidence that that concentration was exceeded at any
time is evidence, but not conclusive evidence, that the limit was
exceeded.
(5) The power conferred by this section to
approve or
withdraw approval of a document includes power to approve or
withdraw approval of part of it; and references in this section
to a document approved under this section are references to a
document to the extent that it is approved under this section.
(6) A document approved under this section is not
subsidiary legislation for the purposes of the Interpretation and
General Provisions Act 1978.
Pressure and vacuum systems
17. (1) Where a presure system is used in the course of
business carried on by any person, the requirements imposed by
or under Schedule 2 must be complied with in respect of that
system.
(2) If any of those requirements is not complied
with in
respect of that system, the person referred to in subsection (1)
and any person in control of the system is guilty of an offence.
(3) In this section and Schedule 2,
"pressure system" means
anything used for the generation, storage or conveyance of any
relevant substance at a pressure above or below atmospheric
pressure, but does not include -
(a) anything (not being part of a pressure
system) with an
internal volume of less
than 250 litres where the
pressure does not exceed
either 0.5 bar or 7.5 psig;
(b) an internal combustion engine; and
(c) a system of a prescribed type.
(4) In subsection (3), "relevant
substance" means -
(a) air or any substance in the form of gas or
vapour;
(b) any gas in liquified form; and
(c) such other substances as may be prescribed.
(5) Where a person conducting a test or
examination of a
pressure system under paragraph 7 of Schedule 2 is not satisfied
that the system is safe when properly used, he must forthwith
inform the Commissioner of Labour of that fact by notice in
writing.
(6) A person who fails to comply with
subsection (5) is
guilty of an offence.
Machinery
18. (1) Where a lifting machine or lifting tackle is used in
the course of a business carried on by any person, the
requirements imposed by or under Schedule 3 must be complied with
in respect of the machine or tackle.
(2) If any of those requirements is not complied
with in
respect of the machine or tackle, the person referred to in
subsection (1) and any person in control of the machine or tackle
is guilty of an offence.
(3) In this section and Schedule 3, "lifting
machine" means
any crane, winch, pulley block, derrick, truck or similar device
(whether mobile or not) used for the purpose of raising or
lowering goods, persons or materials or moving them while
suspended or partly suspended; and includes a lift, whether for
passengers or goods.
(4) In this section and Schedule 3, "lifting
tackle" means
any chain, rope, chain sling, rope sling, clamp, ring, hook,
shackle, swivel or similar device used for the purpose of raising
or lowering goods, persons or materials or moving them while
suspended or partly suspended.
(5) Where a person conducting a test or
examination of a
lifting machine or lifting tackle under paragraph 6 of Schedule
3 is not satisfied that the machine or tackle is safe when
properly used, he must forthwith inform the Commissioner of
Labour of that fact by notice in writing.
(6) A person who fails to comply with subsection
(5) is
guilty of an offence.
19. (1) Where machinery is used in the course of a business
carried on by any person, the requirements of subsections (3) and
(4) must be complied with in respect of any moving part of the
machinery which is a potential source of danger.
(2) If any of those requirements is not complied
with, the
person referred to in subsection (1) and any person in control
of the machinery is guilty of an offence.
(3) While the moving part is in motion -
(a) there must be:
(i) a fixed or
automatic guard or similar device; or
(ii) a device for
stopping the machine automatically
in case of danger,
which ensures that the
moving part is not a potential
source of danger in any
reasonably foreseeable
circumstances; or
(b) the machinery must be in such a position or
of such
construction that the
moving part is not a potential
source of danger in any
reasonably foreseeable
circumstances.
(4) Efficient means must be provided for
immediately
cutting off the power to the moving part.
(5) The requirements of subsection (3) do not
apply in
respect of any moving part of the machinery necessarily exposed
in the course of maintenance if there is in force an effective
system for ensuring the safety during that maintenance of those
who might otherwise be exposed to danger.
(6) In deciding for the purposes of this section
whether
a moving part is a potential source of danger, regard may be had
to the effect of the moving part on anything coming into contact
with it.
Electrical installations
20. (1) Where any electrical installation is used in the course
of a business carried on by any person the requirements imposed
by or under Schedule 4 must be complied with in respect of the
installation.
(2) If any of those requirements is not complied
with in
respect of the installation, the person referred to in subsection
(1) and any person in control of the installation is guilty of
an offence.
(3) In this section and Schedule 4 -
"apparatus" has the same meaning as in the
Electricity Act;
and
"electrical installation" means any
installation for the
generation, transformation, conversion or distribution
of
electrical energy, and includes an apparatus.
(4) For the purpose of any proceedings for an
offence under
any provision made by or under this Act, it is to be assumed that
a person will suffer personal injury if he comes into contact
with part of an electrical installation conducting electrical
energy at a potential exceeding 32 AC or 115 DC.
Fire and explosion
21. (1) Every workplace must be provided with such means of
escape as are required to enable persons employed there to leave
the workplace safely in case of danger from fire or explosion.
(2) In the case of an enclosed workplace, the
requirements
of subsection (1) include a requirement that, in respect of each
person employed there, there must be available within 20 metres
of any position where he works not less than two separate means
of escape.
(3) Subsection (2) does not apply to an enclosed
workplace
if there is in force in respect of that workplace a certificate
of exemption issued by the Commissioner of Labour; but no
certificate may be issued under this subsection unless the
Commissioner is satisfied that the requirements of subsection (1)
are complied with in respect of that workplace.
(4) While any person is within an enclosed
workplace in the
course of his employment, any door or other exit leading to or
which is part of a means of escape for him must not be locked or
fastened in such a way that it cannot be easily and immediately
opened from the inside.
(5) Any door leading to or which is part of a
means of
escape from an enclosed workplace must either be a sliding door
or be constructed to open outwards.
(6) Any door or other exit leading to or which is
part of
a means of escape from an enclosed workplace (other than an exit
in ordinary use) must be marked as a means of escape by a notice
of such size and so placed that it is clearly visible to those
needing to use the exit.
(7) Every workplace must be provided with effective and adequate
means for extinguishing fire; and those means -
(a) must be properly maintained; and
(b) so far as is reasonably practicable, must be
designed
to operate without
exposing any person to danger.
(8) If any requirement of this section is not
complied with
in respect of a workplace -
(a) the person in the course of whose business
the
workplace is used; and
(b) any person in control of the workplace,
are guilty of an offence.
(9) In this section and (subject to section
22(9)) section
22 -
"enclosed workplace" means a workplace within
a building or
other structure; and
"workplace" does not include a vehicle,
vessel or aircraft.
22. (1) A flammable substance must not be stored in any
enclosed workplace unless one of the following requirements is
satisfied -
(a) in the case of petroleum, it is stored in a
tank or
magazine in respect of
which there is in force a
licence issued under the
Petroleum Act before the date
on which this section
comes into force;
(b) in the case of vehicle fuel, it is stored in
the fuel
tank of a vehicle;
(c) it is stored in premises used for the sale by
retail
of that substance so long
as -
(i) not more than
20 litres of the substance is so
stored; and
(ii) the substance is
kept in containers of a capacity
of not more than one litre.
(2) Flammable gas must not be stored in any
enclosed
workplace.
(3) A flammable substance (unless in a
container of a
capacity not exceeding 250 ml.) must not be stored in any
enclosed workplace for cleaning any article unless a written
authority of the Commissioner of Labour to do so is for the time
being in force in respect of the workplace and the substance is
used in accordance with the authority.
(4) Where there is any flammable substance or
flammable gas
in any workplace, arrangements must be made that are adequate to
ensure, so far as is practicable, that the substance or gas is
not likely to be ignited so as to cause personal injury.
(5) A workplace must not be used for the filling
of
cylinders or other containers with flammable gas unless a written
authority of the Commissioner of Labour to do so is for the time
being in force in respect of the workplace and the containers are
filled in accordance with the authority.
(6) No authority may be issued under subsection
(3) or (5)
in respect of any workplace unless the Commissioner of Labour is
satisfied that adequate arrangements are in force for the purpose
of securing the safety of persons.
(7) If any of the requirements of this section is
not
complied with -
(a) the person in the course of whose business
the
workplace concerned is
used; and
(b) any person in control of the substance or gas
concerned, is guilty of
an offence.
(8) In this section -
"flammable substance" means
(a) any liquid with a flash point below 35 deg.C.
; and
(b) any prescribed substance ; and
"gas" includes gas in liquified form ;
and, for the purposes of this section, gas that is flammable only
under particular conditions is a flammable gas.
(9) For the purposes of subsections (1) and (2),
a place
is not a workplace by virtue only of the fact that it is used for
the storage of a flammable substance or flammable gas.
Miscellaneous
23. (1) If a person ( call him "A") who carries on a
business
wishes to arrange for another person (call him "B"), not being
his employee, to perform part of the work involved in carrying
on the business, then, A must not make such an arrangement unless
he has taken all such steps as are reasonable in the
circumstances to satisfy himself that B will, in performing that
work, discharge any duties imposed on him by sections 4 and 5 and
this section.
(2) A person who fails to comply with the
requirements of
subsection (1) is guilty of an offence.
24. (1) A person who intentionally or recklessly interferes
with or misuses anything provided in the interests of health or
safety in pursuance of any provision made by or under this Act,
is guilty of an offence.
(2) Every employee while at work must co-operate
with his
employer or any other person on whom requirements are imposed by
or under this Act so far as is necessary to enable the
requirements to be complied with.
(3) A person who fails to comply with subsection
(2) is
guilty of an offence.
Penalties
25. (1) A person guilty of an offence under section 15 (6),
17(2), 18(2), 19(2), 20(2), 21(8), 22(7), or 24(1) is liable on
conviction to a fine of $1000, or to imprisonment for one year,
or both.
(2) A person guilty of an offence under section
17(6),18(6), 23(2), 24(3) is liable on conviction to a fine of
$ 500.
PART IV: GENERAL AND INTERPRETATION
Codes of practice and regulations
26. (1) If the Minister is of the opinion that any standard,
specification or similar document (in this Part referred to as
a "code of practice") is suitable to be used for the practical
guidance of those on whom requirements are imposed by or under
this Act, he may approve the code of practice, and may
subsequently approve any revision of the code.
(2) The Minister may at any time withdraw any
approval
given under subsection (1).
(3) Where the Minister gives approval under
subsection (1)
or withdraws any approval given under that subsection, he shall
by notice in the Gazette, identify the code of practice or
revision concerned and state the date (not being earlier than the
date of the notice) on which the approval is to have effect or
cease to have effect.
(4) The power conferred by this section to
approve or
withdraw approval of a code of practice or revision includes
power to approve or withdraw approval of part of it.
(5) References in section 27 to an approved code
of
practice are references to a code of practice (including any
revision of it) to the extent that it is approved under this
section.
(6) Any approved code of practice is not
subsidiary
legislation for the purpose of the Interpretation and General
Provisions Act 1978.
27. (1) Where in any proceedings before a court any question
arises as to whether or not a person has failed to comply with
a requirement imposed by or under this Act -
(a) any approved code of practice shall be
admissible in
evidence; and
(b) if it is shown that he failed to observe any
provision
of an approved code of
practice giving guidance as to
compliance with the
requirement concerned, it shall be
taken as proved that he
failed to comply with the
requirement unless he
proves that he complied with it
in some other manner.
(2) Subject to that, a failure by any person to
observe a
provision of an approved code of practice shall not render him
liable to any civil or criminal proceedings.
28. (1) Regulations may make provision for the purposes -
(a) of securing the health, safety or welfare of
persons
at work;
(b) of protecting persons against risks to health
or
safety arising out of or
in connection with the
activities of persons at
work.
(2) Schedule 5 contains some examples of matters
that may
be provided for by regulations under this section.
(3) Regulations under this section may provide
that, in
order to comply with a requirement imposed by or under this Act
("the primary duty") a person must observe a requirement imposed
by or under the regulations; and if, in any proceedings before
a court, it is shown that he failed to observe that requirement,
it shall be taken as proved that he failed to comply with the
primary duty.
(4) Regulations under this section may be made so
as to
apply to particular circumstances or particular cases only.
(5) Regulations under this section may prohibit
the
importation, sale or supply of any pesticide unless -
(a) the pesticide is for the time being
registered in
accordance with the
regulations; and
(b) the importation, sale or supply complies with
any
requirements that may be
imposed by or under the
regulations (which may,
for example, include
requirements as to the
labelling of anything in which
the pesticide is kept).
(6) Subsection (5) is not to be interpreted as
limiting the
extent of the power conferred by subsection (1).
(7) A person who fails to comply with any requirement imposed
by or under regulations under this section or intentionally
obstructs any other person in the exercise of his functions under
such regulations is guilty of an offence and liable on conviction
to a fine of $750, or imprisonment for nine months, or both.
Administration
29. (1) The powers mentioned in the following subsections are
exerciseable by the Commissioner of Labour ("the Commissioner"),
but only to the extent that it is necessary or expedient to
exercise them for the purpose of giving effect to any provision
made by or under this Act.
(2) Those powers include:
(a) the power to enter a workplace at any
reasonable time
or, in a situation which
in the opinion of the
Commissioner is or may be
dangerous, at any time;
(b) the power to take with him other persons,
equipment
and materials;
(c) the power to take measurements and
photographs and to
make recordings;
(d) the power to take samples of articles,
substances or
the atmosphere; and
(e) the power to dismantle or test any
article or
substance which appears
to the Commissioner to have
caused or to be likely to
cause danger, and take
possession of it for the
purpose of examining it and
for the purpose of making
it available as evidence in
any proceedings.
(3) Those powers include:
(a) the power to require any person whom the
Commissioner
has reasonable cause to
believe to be able to give any
information relevant to
an investigation or
examination being made by
him for the purpose referred
to in subsection (1) to
answer such questions as the
Commissioner thinks fit
to ask and to sign a
declaration of the truth
of his answers;
(b) the power to require the production of books
or
documents and to inspect
them and take copies of any
entry in them;
(c) the power to make any examination or
investigation and
to require anything to be
left undisturbed to enable
the examination or
investigation to take place;
(d) the power to require any person to give the
Commissioner facilities
and assistance (including the
taking of samples of any
substance or the atmosphere,
when required to do so or
at specified intervals) with
respect to any matters or
things within that person's
control or in relation to
which that person has
responsibilities; and
(e) any other power which is necessary for the
purpose
referred to in subsection
(1).
(4) Where the Commissioner takes possession of
any
substance under subsection (2)(e), he must, if it is practicable
for him to do so, take a sample of it and give to a responsible
person at the workplace concerned a portion of the sample marked
in a manner sufficient to identify it.
(5) An answer given by a person in pursuance of a
requirement under subsection (3)(a) is not admissible in evidence
against that person or the husband or wife of that person in any
proceedings.
(6) Nothing in this section requires any person
to disclose
any document that he could not be required to disclose in civil
proceedings before the High Court.
30. (1) If the Commissioner is of the opinion that any
requirement imposed by or under this Act -
(a) is not being complied with, or
(b) has not been complied with in circumstances
that make
it likely that the
failure to comply will continue or
be repeated,
he may serve a notice under this section (in this Part referred
to as a "remedial notice") on any person on whom the requirement
is imposed.
(2) The notice must -
(a) state the opinion referred to in subsection
(1),
specifying the
requirement concerned and giving
particulars of the
reasons for the opinion, and
(b) require the person on whom the notice is
served to
comply or ensure
compliance with the requirement
within such period as may
be specified in the notice.
(3) For the purposes of this section, any person
who
commits an offence if a requirement is not complied with, is a
person on whom the requirement is imposed.
31. (1) If the Commissioner is of the opinion that any activity
of persons at work which is being carried on or is about to be
carried on involves a risk of serious personal injury to any
person, he may serve a notice under this section (in this Part
referred to as a "prohibition notice") on any person in control
of the activity.
(2) The notice must -
(a) state the opinion referred to in subsection
(1),
giving particulars of the
matters which in the opinion
of the Commissioner give
or, as the case may be, will
give rise to the risk;
(b) if he is of the opinion that the activity
involves or,
as the case may be, will
involve a failure to comply
with any requirement
imposed by or under this Act,
state that opinion
specifying the requirement
concerned and giving
particulars of the reasons for
the opinion; and
(c) direct that the activity must not be carried
on unless
the matters specified
under paragraph (a) have been
remedied and any
requirement specified under paragraph
(b) is complied with.
(3) If the Commissioner is of the opinion that
the risk of
serious personal injury is imminent, he may state in the notice
that the direction is to have immediate effect, and the direction
is to have effect accordingly; and in any other case the
direction is to have effect at the end of such period as may be
specified in the notice.
32. (1) A remedial notice or prohibition notice may include
directions as to the measures to be taken to ensure compliance
with the notice; but the person on whom the notice is served may
take instead any other measures that are equally effective for
the purpose.
(2) A remedial notice or a prohibition notice
that does not
take immediate effect, may be withdrawn at any time before the
end of the period specified in it; and that period may be
extended or further extended by the Commissioner at any time
(unless an appeal against the notice is pending).
(3) A person on whom a remedial notice or a
prohibition
notice is served may, within the period of 21 days from the date
of service, appeal to a Principal Magistrate's Court.
(4) On such an appeal, the court may either
cancel or
affirm the notice and, if it affirms it, may do so either in its
original form or with such modifications as the court may in the
circumstances think fit.
(5) Where an appeal under this section is brought
against
a remedial notice, the bringing of the appeal has the effect of
suspending the operation of the notice until the appeal is
finally disposed of or abandoned.
(6) Where an appeal under this section is brought
against
a prohibition notice, the court may direct that the operation of
the notice is to be suspended until the appeal is finally
disposed of or abandoned; and the operation of the notice is to
be suspended accordingly.
33. (1) It is an offence for a person -
(a) to fail to comply with a requirement imposed
by the
Commissioner under
section 29;
(b) to prevent or attempt to prevent any other
person from
appearing before the
Commissioner for the purpose of
answering questions under
section 24(3)(a) or from
answering any question
which he may be required to
answer under that
subsection;
(c) to fail to comply with any requirement or
direction
imposed by a remedial
notice or an improvement notice
(including any such
notice as modified on appeal);
(d) intentionally to obstruct the Commissioner in
the
exercise of his functions
under sections 29 to 31; or
(e) in answer to a question under section
29(3)(a), to
make a statement which he
knows to be false or
recklessly to make a
statement which is false.
(2) A person guilty of an offence under
subsection (1)(a),
(b) or (d) is liable on conviction to a fine of $ 500.
(3) A person guilty of an offence under any other
paragraph
of subsection (1) is liable on conviction to a fine of $ 750, or
to imprisonment for nine months, or to both.
(4) An offence under subsection (1)(c) -
(a) of failing to comply with a requirement of a
remedial
notice within the period
fixed by the notice; or
(b) of failing to comply with a direction in a
prohibition
notice at the end of the
period fixed by the notice,
is to be treated as continuing until the failure is remedied.
(5) Where -
(a) a person is convicted of an offence under
subsection
(1)(c); and
(b) the failure in respect of which he was
convicted is
continued after the
conviction,
he is guilty of a further offence and liable on conviction of
that further offence to a fine not exceeding $ 50 for each day
on which the failure is so continued.
32. The Commissioner may prosecute before a magistrate's court
proceedings for an offence under any provision made by or under
this Act.
Fees
35. Regulations under this Act may provide for such fees as may
be fixed by or determined under the regulations to be payable for
or in connection with the performance by or on behalf of the
Commissioner or any other person of any functions conferred on
him by or under this Act.
Interpretation
36. (1) References in this Act to the person in control of any
workplace, plant, substance, activity or other thing, are
references to any person who has, to any extent, control of that
thing in connection with the carrying on by him of a business.
(2) But where a requirement is imposed on the
"person in
control" by or under this Act, it does not impose a requirement
on him in respect of any matter that is beyond his control.
(3) Where a person has, by virtue of any
contract, lease
or fixed-term estate, an obligation of any extent in relation to
-
(a) the maintenance or repair of any workplace,
plant,
substance or other thing;
or
(b) the safety or absence of risks to health
arising from
any such thing,
he shall be treated for the purposes of this section as being a
person who has control of the matters to which his obligation
extends.
(4) In this section, "fixed-term
estate" and "lease" have
the same meaning as in the Land and Titles Act.
37. Where any questions arise in any proceedings as to whether
or not a person has failed to comply with a requirement imposed
by or under this Act to do something so far as is practicable or
reasonably practicable, it is for him to prove that it was not
practicable or, as the case may be, reasonably practicable to do
more than was in fact done to comply with the requirement.
38. In this Act, "work" means work as an employee or as a self-
employed person; and for the purposes of this Act -
(a) an employee is at work when, and only when,
he is in
the course of his
employment; and
(b) a self-employed person is at work when, and
only when,
he devotes himself
to work as a self-employed person.
39. Schedule 6 contains a glossary of terms; and in this Act,
unless the context requires, any expression for which there is
an entry in the first column of the Schedule -
(a) has the meaning given against it in the
second column;
or
(b) is to be interpreted in accordance with
directions
given against it in the
second column
Miscellaneous
40. (1) Regulations under any provision of this Act may be
varied or revoked by subsequent regulations under that provision.
(2) The power to make such regulations includes
power to
make different provisions for different circumstances or cases
and to include in the regulations such incidental, supplemental
and transitional provisions as the Minister considers proper.
(3) A copy of such regulations is to be laid
before
Parliament before the regulations come into effect unless, in the
opinion of the Minister, it is essential that the regulations
come into effect before they can be presented to Parliament.
(4) If, within the period of twenty days
beginning with the
day on which the copy is presented, Parliament resolves that the
regulations be annulled, they are to cease to have effect as from
the date of the resolution, but without prejudice to the validity
of anything previously done under them or to the making of new
regulations.
(5) In reckoning any period of twenty days for
the purposes
of subsection (4), no account is to be taken of any time during
which Parliament is prorogued or dissolved or is adjourned for
more than four days.
(6) Such regulations must be published in the
Gazette and
are not to come into effect until the date of publication.
(7) Sections 55(1), 56 and 59 (2) of the
Interpretation and
General Provisions Act 1978 do not apply to any subsidiary
legislation under this Act.
41. (1) With the exception of provisions mentioned in
subsection (4), this Act binds the State.
(2) Accordingly, for the purposes of this Act
persons in
the service of the State are to be treated as employees and the
word "employer" is to be interpreted accordingly.
(3) Although the provisions mentioned in
subsection (4) do
not bind the State, those provisions apply to persons in the
public service of the State as they apply to other persons.
(4) The provisions referred to in subsections (1)
and (3)
are sections 14(2), 15(6), 17(6), 18(6), 19(2), 20(2), 21(8),
22(7), 23(2), 24, 28(7) and 33.
42. It is hereby declared that this Act extends throughout the
area over which the sovereignity of the Solomon Islands extends
(which includes territorial waters and the air space above them).
43. Schedule 7 (minor and consequential amendments and repeals)
is to have effect.
SCHEDULES
Schedule I
Examples of the Duty Imposed by Section 4
Safe
machinery, systems of work, etc.
1. It is the employer's duty to provide plant and systems of
work that are, so far as it reasonably practicable, safe and
without risks to health and to maintain them in that state.
Tools, substances, etc. that
are safe to use
2. It is the employer's duty to make arrangements for ensuring,
so far as is reasonably practicable, safety and absence of risks
to health in connection with the use, handling, storage and
transport of articles and substances.
Training, supervision, etc.
3. It is the employer's duty to provide such information,
instruction, training and supervision as is necessary to ensure,
so far as is reasonably practicable, the health and safety at
work of his employees.
Maintenance of workplace
in safe condition
4. It is the employer's duty, so far as is reasonably
practicable -
(a) to provide
means of entering and leaving any
workplace under his control that are safe and
without risks to health, and
(b) to maintain any
workplace under his control in a
condition that is safe and without risks to
health.
Safe working environment
5. It is the employer's duty to provide and maintain a working
environment for his employees that is, so far as is reasonably
practicable, safe and without risks to health.
Schedule 2
Pressure and Vacuum Systems
Sound construction
1. Every part of a pressure system must be of sound
construction; in particular, it must be so designed, and must be
constructed of such material that it is safe when properly used.
Application of standards
2. (1) The Minister may approve any standard (including a
revision of a standard) applicable to any type of pressure
system; and may at any time withdraw approval given under this
subparagraph.
(2) Where the Minister gives or withdraws
approval under
subparagraph (1), he must by notice in the Gazette identify the
standard concerned and state the date (not being earlier than the
date of the notice) on which the approval is to have effect or
cease to have effect.
(3) On the installation of a pressure system and
at any
time when it is in use, it must comply with the requirements of
any standard for the time being approved under subparagraph (1)
that is applicable to the system.
(4) The power conferred by subparagraph (1) to
approve or
withdraw approval of a standard includes power to approve or
withdraw approval of part of it; and references in this paragraph
to a standard approved under that subparagraph are references to
a standard to the extent that is approved under that
subparagraph.
(5) A standard approved under subparagraph (1) is
not
subsidiary legislation for the purposes of the Interpretation and
General Provisions Act, 1978.
Maintenance
3. A pressure system must be maintained in an efficient state,
in efficient working order and in good repair.
Safe working pressure
4. (1) A pressure system must have marked on it so as to be
plainly visible the SWP, that is, the safe working pressure or
designed operating pressure, and the TP, that is, the test
pressure.
(2) Where different SWPs or TPs are applicable to
different
parts of the system, subparagraph (1) applies separately to each
of those parts.
(3) For the purposes of this Schedule (except
paragraph
7(1)), the SWP or TP of a pressure system, or part of it, is that
determined in accordance with that paragraph.
SWP, etc. not to be exceeded
5. (1) A pressure system must not be subjected to a pressure
exceeding the SWP except for the purpose of testing it.
(2) Where different SWPs are applicable to
different parts
of the system, subparagraph (1) applies separately to each of
those parts.
Access to system
6. (1) If any deterioration within a pressure system is
foreseeable, the system must be provided with such means of
access to it as enable it to be thoroughly examined internally.
(2) Subparagraph (1) does not apply:
(a) to portable gas cylinders; or
(b) to any system if there is in force in respect
of the
system a certificate of
exemption issued by the
Commissioner of Labour;
but no certificate may be issued under paragraph (b) unless the
Commissioner is satisfied that the system concerned may be
adequately examined otherwise than by a thorough internal
examination.
Testing and inspection
7. (1) A pressure system must not be brought into use, either
on installation or after any repair capable of affecting the SWP,
unless it has been tested to determine that pressure by a person
competent to do so; and, where practicable, a test under this
subparagraph must be a hydraulic test.
(2) A pressure system must be thoroughly examined
by a
person competent to do so -
(a) at least once
in every relevant period; and
(b) whenever the
Commissioner of Labour requires it.
(3) In the case of a system to which paragraph
6(1)
applies, an examination under subparagraph (2) above must include
an internal examination.
(4) There must be maintained and kept available
for
inspection, in respect of each pressure system, a record of any
test or examination under this paragraph, including -
(a) the date of the
test or examination;
(b) in the case of
a test, the maximum pressure to
which the system is tested;
(c) the SWP; and
(d) such other
information as may be prescribed.
(5) If a person is for the time being designated
by the
Minister by notice in the Gazette for the purposes of this
paragraph, he shall be regarded as competent to examine or test
any pressure system.
(6) In subparagraph 2(a), "relevant
period" means -
(a) in respect of any type of pressure system for
which
the Minister has
prescribed a period for the purposes
of that subparagraph,
that period; and
(b) in any other
case, twelve months.
Systems connected to pressure or
vacuum plants
8. (1) This paragraph applies where a pressure system includes
any plant for the generation of pressure.
(2) The system must either -
(a) be so
constructed as to withstand with safety the
maximum pressure that can be obtained by means of
the plant, or
(b) be fitted with
a reducing valve or appliance
adequate to prevent the SWP being exceeded and a
relief valve which operates as soon as the SWP is
exceeded.
(3) The system must be fitted with a correct
pressure gauge
(indicating the pressure in the system in the same units as the
units in which the SWP is indicated).
(4) Where different SWPs are applicable to
different parts
of the system, subparagraphs (2) and (3) apply separately to each
of those parts.
(5) The system must be supplied with a suitable
appliance
for draining it.
(6) Where a valve or appliance is fitted to
relieve
pressure in, or drain, any part of the system, it must be fitted
so as to discharge without risk of causing injury.
(7) Where the system is reasonably capable of
being
isolated into parts, the system must be provided with suitable
means of isolating any of those parts that becomes defective, but
without isolating any other part from any valve or appliance
fitted to prevent the SWP of that other part being exceeded.
Additional requirements
9. For the purpose of securing the safety of persons,
requirements may be prescribed in respect of pressure systems.
Schedule 3
Lifting Equipment
Sound construction
1. A lifting machine or lifting tackle must be of sound
construction; in particular, it must be designed, and must be
constructed of such material, that it is safe when properly used.
2. (1) The Minister may approve any standard (including a
revision of a standard) applicable to any type of lifting machine
or lifting tackle; and may at any time withdraw approval given
under this subparagraph.
(2) When a lifting machine or lifting tackle is
in use, it
must comply with the requirements of any standard for the time
being approved under subparagraph (1) that is applicable to the
machine or tackle.
(3) Subparagraphs (2), (4) and (5) of paragraph 2
of
Schedule 2 apply for the purposes of this paragraph as they apply
for the purposes of that.
Maintenance
3. A lifting machine or lifting tackle must be maintained in
an efficient state, in efficient working order and in good
repair.
Safe working load
4. (1) Unless subparagraph (2) applies to it, a lifting
machine must have marked on it so as to be plainly visible, the
safe working load ("SWL").
(2) In the case of a jib crane so constructed
that the SWL
may be varied by the raising, lowering or extension of the jib,
there must be attached to the crane an automatic indicator of
safe working loads.
(3) A lifting machine must be fitted with an
effective
automatic overload alarm system, if the Commissioner of Labour
so requires by notice in writing to the person carrying on the
undertaking in the course of which the machine is used; and the
system must be maintained in efficient working order.
(4) In the case of lifting tackle, the SWL must
be marked
on the tackle or on a label permanently attached to the tackle.
(5) A load must not be suspended from two or more
ropes or
chains if the included angle between any of them exceeds 120
degrees.
(6) For the purposes of this Schedule (except
paragraphs
6(1) and (2)), the safe working load of a lifting machine or
lifting tackle is that determined in accordance with the
paragraph.
SWL not to be exceeded
5. A lifting machine or lifting tackle must not be subjected
to a force in excess of its SWL, except for the purpose of
testing it.
Testing and inspection
6. (1) A lefting machine or (unless subparagraph (2) applies)
lifting tackle must not be brought into use, either on
installation or after any repair capable of affecting the SWL,
unless it has been tested to determine the SWL by a person
competent to do so.
(2) In the case of ropes, and slings made from
ropes, the
SWL is to be taken to be one-sixth of the breaking strain
specified by the manufacturer.
(3) A lifting machine or lifting tackle must be
examined
by a person competent to do so at least once in every period of
six months.
(4) There must be maintained and kept available
for
inspection, in respect of all lifting machines and lifting
tackle, a record of any test or examination under this paragraph,
including -
(a) the date of the
test or examination;
(b) in the case of
a test, the proof load applied and
the SWL, and
(c) such other
information as may be prescribed.
(5) If a person is for the time being designated
by the
Minister by notice in the Gazette for the purposes of this
paragraph, he shall be regarded as competent to examine or test
any lifting machine or lifting tackle.
Knots
7. A chain or wire rope must not be knotted.
Secure loads
8. A load suspended from or supported by a lifting machine must
be properly secured.
Additional requirements
9. For the purpose of securing the safety of persons,
requirements may be prescribed in respect of lifting machines and
lifting tackle.
Schedule 4
Electrical Installations
Sound construction
1. An electrical installation should be of sound construction;
in particular, it must be so designed, constructed, installed and
protected that it is safe.
2. (1) The Minister may approve any standard (including a
revision of a standard) applicable to any type of electrical
installation; and may at any time withdraw the approval given
under this subparagraph.
(2) When an electrical installation is energised,
it must
comply with the requirements of any standard for the time being
approved under subparagraph (1) that is applicable to the
installation.
(3) Subparagraphs (2), (4) and (5) of paragraph 2
of
Schedule 2 apply for the purposes of this paragraph as they apply
for the purposes of that.
Maintenance
3. An electrical installation must be maintained in an
efficient state, in efficient working order and in good repair
so that it is safe.
Isolation
4. (1) Suitable means must be provided for isolating any
apparatus from the supply of electrical energy and the means must
be so placed as to be easily worked by any person operating the
apparatus.
(2) Any installation for the distribution of
electrical
energy must be adequately provided with suitable means for
isolating the parts of the installation from the supply of
electrical energy.
Testing
5. An electrical installation, or part of it, which is
electrically charged must not be tested except -
(a) by a person
competent to do so and authorised to
do so by or on behalf of a person referred to in
section 20(1) and (2); and
(b) in accordance
with the prescribed requirements.
Additional requirements
6. For the purpose of securing the safety of persons,
requirements may be prescribed in respect of electrical
installations.
Schedule 5
Examples of matters that may be dealt with by regulations
under Section 28
1. Labelling of articles and substances for use at work.
2. Prohibitions or restrictions on the importation of articles
and substances for use at work.
3. Transport of articles and substances for use at work.
4. Restrictions or prohibitions on the employment of persons
or classes of persons for particular work.
5. The condition of workplaces (including cleanliness,
temperature, lighting, ventilation, overcrowding,
noise,
vibrations, ionising and other forms of radiation, dust
and
fumes).
6. Welfare facilities, including sanitary arrangements and
first aid.
7. Protective clothing and equipment.
8. Records and returns.
9. Procedures in the case of accident or emergency.
10. Fire precautions.
11. The appointment of persons to supervise safety in any kind
or class of workplace and the appointment of
representatives of employees for similar purposes
(safety
representatives).
The International Labour Organization is a United Nations specialized agency.