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Occupational Safety and Health (OSH)
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Bahamas - 2015

  • 1 Description of national OSH regulatory framework

    • 1.1 Description of OSH regulatory framework

      Summary/citation: Provisions in relation to occupation safety and health can be mainly found in two regulations in The Bahamas: the Health and Safety at Work Act, 2002 (No. 2 of 2002) and the Employment Act, 2001 (No. 27 of 2001).

      In the system of The Bahamas, the Governor General is the head of State appointed by Her Majesty (Constitution, Article 32). The Prime Minister appointed by the Governor-General. (Constitution, Article 73).

      Powers and Procedure of Parliament:
      "There shall be a Parliament of The Bahamas which shall consist of Her Majesty, a Senate and a House of Assembly. (Constitution, Article 38)
      (1) "Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of The Bahamas."
      (2) "Subject to the provisions of Articles 60, 61 and 62 of this Constitution, the power of Parliament to make laws shall be exercised by Bills passed by both Houses, either without amendment or with such amendments only as are agreed to by both Houses, and assented to by the Governor General in accordance with Article 63 of this Constitution."
      (Constitution, Article 52)

      (1) The executive authority of The Bahamas is vested in Her Majesty.
      (2) Subject to the provisions of this Constitution, the executive authority of The Bahamas may be exercised on behalf of Her Majesty by the Governor-General, either directly or through officers subordinate to him.
      (3) Nothing in this Article shall prevent Parliament from conferring functions on persons or authorities other than the Governor-General. "
      (Constitution, Article 71)
      "(1) There shall be a Cabinet for The Bahamas which shall have the general direction and control of the government of The Bahamas and shall be collectively responsible thereof to Parliament. (2) The Cabinet shall consist of the Prime Minister and not less than eight other Ministers (of whom one shall be the Attorney-General), as may be appointed in accordance with the provisions of Article 73 of this Constitution."
      (Constitution, Article 72)

      • Occupational safety and health country profile: Bahamas

      • Penal Code (Amendment) Act, 2011 (No. 34 of 2011).

      • Health and Safety at Work Act, 2002 (No. 2 of 2002).

      • Employment Act, 2001 (No. 27 of 2001).

      • Constitution of the Commonwealth of the Bahamas.

      • Industrial Relations Act (Act No. 14 of 1970) (Chapter 296)

  • 2 Scope, coverage and exclusions

    • 2.1 Health and safety covers physical and psychological health

      No data available.
    • 2.2 Definition of worker

      Summary/citation: "“Employee” means any person who has entered into or works under (or, in the case of a contract which has been terminated, worked under) a contract of employment, whether the contract is for manual labour, clerical work or otherwise and whether it is a contract of service or apprenticeship, and any reference to employment shall be construed accordingly."

      • Health and Safety at Work Act, 2002 (No. 2 of 2002). (Art. 2)

      • Employment Act, 2001 (No. 27 of 2001). (Art. 2)

      • 2.2.1 Coverage of particular categories of workers

        Yes.
        • 2.2.1.1 Migrant workers

          No data available.
        • 2.2.1.2 Domestic workers

          No data available.
        • 2.2.1.3 Home workers

          No data available.
        • 2.2.1.4 Self-employed persons

          Summary/citation: "“Self-employed person” means an individual who works for gain or reward otherwise than under a contract of employment whether or not he himself employs others."

          • Health and Safety at Work Act, 2002 (No. 2 of 2002). (Art. 2)

    • 2.3 Definition of employer

      Summary/citation: "“Employer”, in relation to an employee, means any person or undertaking, corporation, company, public authority or body of persons including:
      (a) the owner of a business in which the employee is employed;
      (b) any managing agent of an employer;
      (c) in relation to a person engaged in plying for hire with any vehicle or vessel the use of which is obtained from the owner thereof under a contract of bailment (other than a hire-purchase agreement), the said owner;
      (d) in relation to a person employed for the purposes of any game or recreation and engaged or paid through a club, the manager, or, where the club is managed by a committee, the members of the managing committee, of the club,
      who or which employs any person to work under a contract of employment or uses the services of a commission agent or contract worker; and includes the heirs, successors and assigns of an employer."

      • Health and Safety at Work Act, 2002 (No. 2 of 2002). (Art. 2)

      • Employment Act, 2001 (No. 27 of 2001). (Art. 2)

      Related CEACR Comments
      Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Direct Request 2017

    • 2.4 Exclusion of branches of economic activity

      Sometimes.
      • 2.4.1 Agriculture

        Summary/citation: "Subject to this Act, the provisions of this Act shall apply in relation to any employee employed in any form of employment in The Bahamas including any such employment by or under the Crown in right of the Government of The Bahamas or by a local government authority or by any body corporate established by law for public purposes:
        Provided that this Act shall not apply to service or employment, or to persons serving or employed, in a disciplined force and for this purpose “disciplined force” has the meaning given to that expression in paragraph (1) of Article 31 of the Constitution."
        (Art. 3.1 Employment Act, 2001 (No. 27 of 2001)

        • Employment Act, 2001 (No. 27 of 2001). (Art. 3.1)

      • 2.4.2 Construction

        Summary/citation: "Subject to this Act, the provisions of this Act shall apply in relation to any employee employed in any form of employment in The Bahamas including any such employment by or under the Crown in right of the Government of The Bahamas or by a local government authority or by any body corporate established by law for public purposes:
        Provided that this Act shall not apply to service or employment, or to persons serving or employed, in a disciplined force and for this purpose “disciplined force” has the meaning given to that expression in paragraph (1) of Article 31 of the Constitution."
        (Art. 3.1 Employment Act, 2001 (No. 27 of 2001)

        • Employment Act, 2001 (No. 27 of 2001). (Art. 3.1)

      • 2.4.3 Services

        Summary/citation: "Subject to this Act, the provisions of this Act shall apply in relation to any employee employed in any form of employment in The Bahamas including any such employment by or under the Crown in right of the Government of The Bahamas or by a local government authority or by any body corporate established by law for public purposes:
        Provided that this Act shall not apply to service or employment, or to persons serving or employed, in a disciplined force and for this purpose “disciplined force” has the meaning given to that expression in paragraph (1) of Article 31 of the Constitution."
        (Art. 3.1 Employment Act, 2001 (No. 27 of 2001)

        • Employment Act, 2001 (No. 27 of 2001). (Art. 3.1)

      • 2.4.4 Public sector

        Summary/citation: "Subject to this Act, the provisions of this Act shall apply in relation to any employee employed in any form of employment in The Bahamas including any such employment by or under the Crown in right of the Government of The Bahamas or by a local government authority or by any body corporate established by law for public purposes:
        Provided that this Act shall not apply to service or employment, or to persons serving or employed, in a disciplined force and for this purpose “disciplined force” has the meaning given to that expression in paragraph (1) of Article 31 of the Constitution."
        (Art. 3.1 Employment Act, 2001 (No. 27 of 2001)

        ""Disciplined force" means:
        (a) a naval, military or air force;
        (b) the Police Service of The Bahamas; or
        (c) the Prison Service of The Bahamas; or
        (d) any other force or service specified by Act of Parliament to be a disciplined force for the purposes of this Chapter."
        (Art. 31.1 Constitution of the Commonwealth of the Bahamas)

        • Employment Act, 2001 (No. 27 of 2001). (Art. 3.1)

        • Constitution of the Commonwealth of the Bahamas. (Art. 31.1)

        Related CEACR Comments
        Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Direct Request 2017

      • 2.4.5 Other

        Summary/citation: "Subject to this Act, the provisions of this Act shall apply in relation to any employee employed in any form of employment in The Bahamas including any such employment by or under the Crown in right of the Government of The Bahamas or by a local government authority or by any body corporate established by law for public purposes:
        Provided that this Act shall not apply to service or employment, or to persons serving or employed, in a disciplined force and for this purpose “disciplined force” has the meaning given to that expression in paragraph (1) of Article 31 of the Constitution."
        (Art. 3.1 Employment Act, 2001 (No. 27 of 2001)

        ""Disciplined force" means:
        (a) a naval, military or air force;
        (b) the Police Service of The Bahamas; or
        (c) the Prison Service of The Bahamas; or
        (d) any other force or service specified by Act of Parliament to be a disciplined force for the purposes of this Chapter."
        (Art. 31.1 Constitution of the Commonwealth of the Bahamas)

        • Employment Act, 2001 (No. 27 of 2001). (Art. 3.1)

        • Constitution of the Commonwealth of the Bahamas. (Art. 31.1)

    • 2.5 Definition of occupational accident

      No data available.
    • 2.6 Definition of occupational disease

      Summary/citation: "“Disease” includes personal injury not caused by accident and any condition which has resulted from a disease or personal injury."

      • National Insurance Act 1972 (No. 21 of 1972). (Art. 2)

      • 2.6.1 List of occupational diseases

        No data available.
      • 2.6.2 Mechanism for compensating other diseases as occupational ones

        No data available.
  • 3 Institutions and programmes relating to OSH administration and/or enforcement

    • 3.1 Competent national authority for safety and health at work

      Summary/citation: The "Department of Labour" is the competent national authority for safety and health at work.

      Remarks / comments: More information are available on the website of the Department of Labour:
      http://www.bahamas.gov.bs/

      • Health and Safety at Work Act, 2002 (No. 2 of 2002).

      • Employment Act, 2001 (No. 27 of 2001).

      • 3.1.1 Objectives, roles and/or functions

        No data available.
      • 3.1.2 Chairperson and composition

        No data available.
    • 3.2 National OSH research programme or institute

      Summary/citation: "The Statistical Unit:
      The responsibility of the Statistical Unit is to obtain and update information relevant to occupational demand and supply and the characteristics of occupations, specifically, labour market data obtained. This Unit plans, organizes, evaluates, collects and interprets statistical data relevant to the Department’s function. This information is collected for the registration of job applications, registration of job vacancies, labour disputes and labour inspection and investigation.
      The Statistical Unit disseminates statistical information and co-ordinates statistical activities of the Department with Government’s Department of Statistics, that is, labour market information and labour market analysis. The Unit also forecasts the supply and demand of jobs, according to the data it receives."

      Remarks / comments: This information are available on the website of the Department of Labour: http://www.bahamas.gov.bs/

      http://www.bahamas.gov.bs/wps/portal/public/About%20Us/Department%20of%20Labour/!ut/p/b1/vZTHjuM4EIafZR7ALVKSFY6KVo5U8sWQg2RlB7XS0493txeY2UV3XwZinYj6Cx_5F4vYHouxfZsORZ72Rdem9V_7PXVweeD6BktwQJUJoCLChTpDQMCDlyB5CcAniwN_1xNgZ3IcyZg7FAKgQsB5PnSBTcCP-k8F-D_1O9t0hVeacTjplUa25UID2gaORVisJPMkdmYuS-HhmkSeYyAJWDuQeqfjbaQoS2JJvQJS_kBZvLkBmq7adyQKqTLblyTiZ3A-XCAuLBt3qaltxdQo7S8bclDPw3iBLu25mwYRRFdci3nYhNd9DSMJFdLz9pjU4ElH9MRPdZsgodvvCEejFAC5opa52zmd1F1K3cfKi-1deWSPLbsUJ7z77t7wS9-Vf337QvBN3yJs_3Vr8A_BV639EmLSmKV0zQVLXjL6UxkLMITFgDz45XxTl2rxysWzzeVsW-iEAxQAVD0CK6gmv_esZ5UDUEa4JbqjX90nU_Qsvz8659ALeE4gB8mZvwPCtYHEykCHXBtIrQ3crgzcrv1Kt_jawD8_Fhq2L47N23hq3sAbSUCKxSEENI6zBIuFZQImMTevIudl5KK1cNP621Gpmjy3UcHx_ZPTapZR2kznQrFP0zhzScG-z9dATdV50uRLVLqDG8RG71pGwhHNIywZPxfT9939UVye-jVVOZ1m2Ezcek1_fX1Gpy1XBQN3mN3yXSCnfld5x-bRRjX5fgPw-aTiUq-PpXaOzmA_E5sYP2SufDuw2fiNf8b_GwYm2xKl0X9IAJbR5IsGspA0-WcfmoamwgDaltRBJLqLKU3mkxU__BNtsfe774DEykARrA2k1gaubSn685b-NnRbSLI4idM4ReIsDeFr6gKKFjuNk5wxbApY93RSSg0YQyFpS9TmgpaddCabGZthzTiJwsHS93kiE1XWnDhXiPoThBRh2fiGt5rhxPN-QZMyNe_1zHVlSDzkuTRfZ6wS_qwTTsk6Cs-qWgdtrY4D-ezIRtWmTvH6LFoL-inVCKUz4ebCVnUw8bxpHJb7fG9Pepe0Hcp23k16Uj0IiXutHAWtyi8i21nKMySkZzT4yDPC48iJxaDr7o8f2K0JgkE3KE8ZIfPfIJrhl-B-Ap3KkWU!/dl4/d5/L2dBISEvZ0FBIS9nQSEh/

      • 3.2.1 Objectives, roles and/or functions

        Summary/citation: "The Statistical Unit:
        The responsibility of the Statistical Unit is to obtain and update information relevant to occupational demand and supply and the characteristics of occupations, specifically, labour market data obtained. This Unit plans, organizes, evaluates, collects and interprets statistical data relevant to the Department’s function. This information is collected for the registration of job applications, registration of job vacancies, labour disputes and labour inspection and investigation.
        The Statistical Unit disseminates statistical information and co-ordinates statistical activities of the Department with Government’s Department of Statistics, that is, labour market information and labour market analysis. The Unit also forecasts the supply and demand of jobs, according to the data it receives."

        Remarks / comments: Remarks / comments: This information are available on the website of the Department of Labour: http://www.bahamas.gov.bs/

      • 3.2.2 Governance board constitution and chairmanship

        No data available.
      • 3.2.3 Source of funding

        No data available.
    • 3.3 National OSH programme

      No data available.
      • 3.3.1 Consultation on the national OSH programme

        No data available.
  • 4 Employers’ duties and responsibilities to protect the safety and health of workers and others

    • 4.1 Duty to ensure the health and safety of employees

      Summary/citation: "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees."

      • Health and Safety at Work Act, 2002 (No. 2 of 2002). (Art. 4.1)

    • 4.2 Duty to protect the health and safety of people other than their own employees

      Summary/citation: General duties of employers and self-employed to persons other than their employees:
      (1) "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety."
      (2) "It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety."
      (3) "In such cases as may be prescribed, it shall be the duty of every employer and every self-employed person, in the prescribed circumstances and in the prescribed manner to give to persons (not being his employees) who may and in the prescribed manner, to give to persons (not being his employees) who may be affected by the way in which he conducts his undertaking the prescribed information about such aspects of the way in which he conducts his undertaking as might affect their health or safety."

      • Health and Safety at Work Act, 2002 (No. 2 of 2002). (Art. 5)

    • 4.3 Collaboration among two or more employers at the same workplace

      No data available.
    • 4.4 Surveillance of workers’ health in relation to work

      No data available.
      • 4.4.1 Specific hazards for which surveillance is required

        No data available.
    • 4.5 Surveillance of the working environment and working practices

      Summary / Citation: "Without prejudice to the generality employer’s duty under subsection (1) the matters to which that duty extends include in particular:
      (e) the provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work."

      • Health and Safety at Work Act, 2002 (No. 2 of 2002). (Art. 4.2.e)

    • 4.6 Duty to provide personal protective equipment

      No data available.
    • 4.7 Duty to ensure the usage of personal protective equipment

      No data available.
    • 4.8 Duty to provide first-aid and welfare facilities

      No data available.
      • 4.8.1 Arrangements for first-aid

        No data available.
      • 4.8.2 Sanitary installations

        No data available.
      • 4.8.3 Drinking water

        No data available.
      • 4.8.4 Rest and eating areas

        No data available.
  • 5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices

    • 5.1 Elements of an OSH management system

      No data available.
      • 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

        No data available.
      • 5.1.2 Appointment of a person for health and safety

        No data available.
      • 5.1.3 Written risk assessment

        No data available.
      • 5.1.4 Safe operating work systems and procedures

        No data available.
      • 5.1.5 Training and information on risks

        Summary/citation: "Without prejudice to the generality employer’s duty under subsection (1) the matters to which that duty extends include in particular:
        (c) the provision of 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. (...)"

        • Employment Act, 2001 (No. 27 of 2001). (Art. 4.2.c)

      • 5.1.6 Review or assessment of the results of preventive measures

        No data available.
      • 5.1.7 Consultation with workers in health and safety

        No data available.
    • 5.2 Obligation to implement a specific OSH management system or standard

      No data available.
  • 6 Employers’ duty to ensure availability of expertise and competence in health and safety

    • 6.1 OSH competence

      No data available.
      • 6.1.1 Requirement to access expert advice and/or support in health and safety

        No data available.
        • 6.1.1.1 Qualifications of experts or professional services

          No data available.
    • 6.2 Appointment of an OSH practitioner

      No data available.
      • 6.2.1 Workforce size threshold for the appointment of OSH practitioners

        No data available.
  • 7 Workers' rights and duties

    • 7.1 Duty to take reasonable steps to protect their own safety and health

      Summary / Citation: General duties of employees at work:
      "It shall be the duty of every employee while at work:
      (a) 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; and
      (b) as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with."

      • Health and Safety at Work Act, 2002 (No. 2 of 2002). (Art. 7)

    • 7.2 Duty to take reasonable steps to protect the safety and health of others

      Summary / Citation: General duties of employees at work:
      "It shall be the duty of every employee while at work:
      (a) 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; and
      (b) as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with."

      • Health and Safety at Work Act, 2002 (No. 2 of 2002). (Art. 7)

    • 7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

      No data available.
    • 7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

      No data available.
    • 7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

      Summary / Citation: General duties of employers and self-employed to persons other than their employees:
      (1) "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety."
      (2) "It shall be the duty of every self—employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety."
      (3) "In such cases as may be prescribed, it shall be the duty of every employer and every self-employed person, in the prescribed circumstances and in the prescribed manner to give to persons (not being his employees) who may and in the prescribed manner, to give to persons (not being his employees) who may be affected by the way in which he conducts his undertaking the prescribed information about such aspects of the way in which he conducts his undertaking as might affect their health or safety."

      • Health and Safety at Work Act, 2002 (No. 2 of 2002). (Art. 5)

    • 7.6 Duty to comply with OSH-related requirements

      Summary / Citation: General duties of employees at work:
      "It shall be the duty of every employee while at work:
      (a) 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; and
      (b) as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with."

      • Employment Act, 2001 (No. 27 of 2001). (Art. 7)

    • 7.7 Right to enquire about risks and preventive measures

      No data available.
    • 7.8 Right to remove themselves from a dangerous situation

      No data available.
    • 7.9 Right to be reassigned to non-hazard work

      No data available.
      • 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

        No data available.
  • 8 Consultation, collaboration and co-operation with workers and their representatives

    • 8.1 National OSH committee, commission, council or similar body

      Summary / Citation: "There shall be an Advisory Council for Health and Safety which, subject to this Act, shall be responsible for such matters as the Minister may prescribe."

      • Health and Safety at Work Act, 2002 (No. 2 of 2002). (Art. 18.1)

      • 8.1.1 Objectives, roles and/or functions

        Summary / Citation: Regulations:
        (1) Subject to subsection 2, the Minister may make regulations respecting any matter deemed necessary or advisable to carry out the intent and purpose of this Act.
        (2) Before making any regulations under subsection (1), the Minister shall consult the Council and such organizations as appear to him to be representative of the employees and the places of employment concerned.
        (3) Different regulations may be made for different places of employment.
        (4) Regulations under this Act shall be subject to the negative resolution procedure.
        (Art. 19)

        Codes of practice:
        "For the purpose of providing practical guidance with respect to the requirements of any provision of the regulations, the Minister may, after consultation with the Council and any interested persons as he considers advisable, approve and issue such codes of practice, or any amendment, repeal or revision thereof, as in his opinion are suitable for that purpose."
        (Art. 20)

        Exemption:
        "The Minister may, on the advice of the Council and after consultation with any interested persons as he considers advisable, exempt conditionally or otherwise any person or class of persons from any provision of this Act, the regulations or codes of practice, provided that the standard of health and safety of any employee at work is not thereby adversely affected."
        (Art. 21)

        • Health and Safety at Work Act, 2002 (No. 2 of 2002). (Arts. 19, 20 and 21)

      • 8.1.2 Constitution and chairmanship modalities

        Summary / Citation: (2) "The Council shall consist of a Chairman appointed by the Minister and not less than ten other persons of whom:
        - three shall be appointed by the Minister after consultation with such organizations representing employers as he considers appropriate;
        - three shall be appointed by the Minister after consultation with such organizations representing employees as he considers appropriate;
        - one shall be appointed by the Minister of Health;
        - one shall be appointed by the Minister responsible for Building Regulation;
        - one shall be appointed by the Director of Fire Services; and
        - the inspector designated by the Minister under section 10(1)."
        (3) "A member of the Council, other than the inspector, shall hold office for a period not exceeding three years, and shall be eligible for re—appointment."
        (4) "The Chairman and other members of the Council, other than the inspector, shall be paid such remuneration (whether by way of honorarium, salary of fee) as the Minister may determine."
        (5) "The Council may regulate its own proceedings."

        • Health and Safety at Work Act, 2002 (No. 2 of 2002). (Art. 18)

    • 8.2 Employers’ duty to consult workers on risks

      No data available.
    • 8.3 Workers’ right to select their representatives for health and safety matters

      Summary / Citation: "To encourage trade union members to vote in elections of work-place representatives, management should offer the trade union facilities to conduct elections in the establishment and to publicise the dates and details."
      (Art. 85)

      "When more than one trade union is recognised but each trade union has only a small number of members, the trade unions should seek to agree on the election of one representative to represent all their members in the establishment."
      (Art. 88)

      "Where there are a number of senior representatives of different trade unions which negotiate jointly, the trade unions should seek to agree on the election of one of them to co-ordinate their activities in the establishment."
      (Art. 89)

      Restrictions / obligations: National Congress Of Trade Unions of the Bahamas
      http://nctu-bahamas.org/index-5.html#

      Remarks / comments: These articles suggest that elections take place to elect workers' representatives. However, no provisions which clearly define the procedure to elect/appoint workers representatives within trade unions have been found.

      • Industrial Relations Act (Act No. 14 of 1970) (Chapter 296) (Arts. 85, 88 and 89)

      • 8.3.1 Workforce size conditions for workers’ representation in health and safety

        No data available.
      • 8.3.2 Conditions of eligibility to represent workers in health and safety

        No data available.
    • 8.4 OSH representatives’ functions, rights and powers

      Yes.
      • 8.4.1 Right to inspect the workplace

        Summary / Citation: "A work-place representative is the representative of the members of his trade union in the place of work, but the trade union of which he is an officer is responsible for his actions as its officer. Accordingly, trade unions should clearly define the powers and duties of work-place representatives, and the circumstances and manner in which they can be removed from office."

        Remarks / comments: Representatives could be responsible for intervening on OSH issues as well. However, this intervention shall be regulated in the statute/internal regulations of the trade union as indicated in the above article.

        • Industrial Relations Act (Act No. 14 of 1970) (Chapter 296) (Art. 83)

      • 8.4.2 Right to access OSH information

        Summary / Citation: "A work-place representative is the representative of the members of his trade union in the place of work, but the trade union of which he is an officer is responsible for his actions as its officer. Accordingly, trade unions should clearly define the powers and duties of work-place representatives, and the circumstances and manner in which they can be removed from office."

        Remarks / comments: Representatives could be responsible for intervening on OSH issues as well. However, this intervention shall be regulated in the statute/internal regulations of the trade union as indicated in the above article.

        • Industrial Relations Act (Act No. 14 of 1970) (Chapter 296) (Art. 83)

      • 8.4.3 Right to be present at interviews

        Summary / Citation: "A work-place representative is the representative of the members of his trade union in the place of work, but the trade union of which he is an officer is responsible for his actions as its officer. Accordingly, trade unions should clearly define the powers and duties of work-place representatives, and the circumstances and manner in which they can be removed from office."

        Remarks / comments: Representatives could be responsible for intervening on OSH issues as well. However, this intervention shall be regulated in the statute/internal regulations of the trade union as indicated in the above article.

        • Industrial Relations Act (Act No. 14 of 1970) (Chapter 296) (Art. 83)

      • 8.4.4 Right to receive professional assistance from OSH experts

        Summary / Citation: "A work-place representative is the representative of the members of his trade union in the place of work, but the trade union of which he is an officer is responsible for his actions as its officer. Accordingly, trade unions should clearly define the powers and duties of work-place representatives, and the circumstances and manner in which they can be removed from office."

        Remarks / comments: Representatives could be responsible for intervening on OSH issues as well. However, this intervention shall be regulated in the statute/internal regulations of the trade union as indicated in the above article.

        • Industrial Relations Act (Act No. 14 of 1970) (Chapter 296) (Art. 83)

      • 8.4.5 Right to accompany inspectors

        Summary / Citation: "A work-place representative is the representative of the members of his trade union in the place of work, but the trade union of which he is an officer is responsible for his actions as its officer. Accordingly, trade unions should clearly define the powers and duties of work-place representatives, and the circumstances and manner in which they can be removed from office."

        Remarks / comments: Representatives could be responsible for intervening on OSH issues as well. However, this intervention shall be regulated in the statute/internal regulations of the trade union as indicated in the above article.

        • Industrial Relations Act (Act No. 14 of 1970) (Chapter 296) (Art. 83)

      • 8.4.6 Right to use facilities

        Summary / Citation: "A work-place representative is the representative of the members of his trade union in the place of work, but the trade union of which he is an officer is responsible for his actions as its officer. Accordingly, trade unions should clearly define the powers and duties of work-place representatives, and the circumstances and manner in which they can be removed from office."

        Remarks / comments: Representatives could be responsible for intervening on OSH issues as well. However, this intervention shall be regulated in the statute/internal regulations of the trade union as indicated in the above article.

        • Industrial Relations Act (Act No. 14 of 1970) (Chapter 296) (Art. 83)

      • 8.4.7 Right to have time off work with pay to perform duties

        Summary / Citation: "A work-place representative is the representative of the members of his trade union in the place of work, but the trade union of which he is an officer is responsible for his actions as its officer. Accordingly, trade unions should clearly define the powers and duties of work-place representatives, and the circumstances and manner in which they can be removed from office."

        Remarks / comments: Representatives could be responsible for intervening on OSH issues as well. However, this intervention shall be regulated in the statute/internal regulations of the trade union as indicated in the above article.

        • Industrial Relations Act (Act No. 14 of 1970) (Chapter 296) (Art. 83)

      • 8.4.8 Right to issue remedial notices

        Summary / Citation: "A work-place representative is the representative of the members of his trade union in the place of work, but the trade union of which he is an officer is responsible for his actions as its officer. Accordingly, trade unions should clearly define the powers and duties of work-place representatives, and the circumstances and manner in which they can be removed from office."

        • Industrial Relations Act (Act No. 14 of 1970) (Chapter 296) (Art. 83)

      • 8.4.9 Right to resolve OSH issues in consultation with employers

        Summary / Citation: "A work-place representative is the representative of the members of his trade union in the place of work, but the trade union of which he is an officer is responsible for his actions as its officer. Accordingly, trade unions should clearly define the powers and duties of work-place representatives, and the circumstances and manner in which they can be removed from office."

        • Industrial Relations Act (Act No. 14 of 1970) (Chapter 296) (Art. 83)

      • 8.4.10 Right to direct that dangerous work cease

        Summary / Citation: "A work-place representative is the representative of the members of his trade union in the place of work, but the trade union of which he is an officer is responsible for his actions as its officer. Accordingly, trade unions should clearly define the powers and duties of work-place representatives, and the circumstances and manner in which they can be removed from office."

        Remarks / comments: Representatives could be responsible for intervening on OSH issues as well. However, this intervention shall be regulated in the statute/internal regulations of the trade union as indicated in the above article.

        • Industrial Relations Act (Act No. 14 of 1970) (Chapter 296) (Art. 83)

    • 8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace

      No data available.
      • 8.5.1 Right to enter the workplace

        No data available.
      • 8.5.2 Right to investigate suspected non-compliance with OSH legislation

        No data available.
      • 8.5.3 Right to consult with workers

        No data available.
      • 8.5.4 Right to advise workers

        No data available.
      • 8.5.5 Right to initiate enforcement action

        No data available.
    • 8.6 Joint OSH Committee

      Summary / Citation: "At every place of employment where twenty or more persons are employed, the employer shall cause a committee to be established to be known as a health and safety committee in accordance with regulations made under this Act."

      • Health and Safety at Work Act, 2002 (No. 2 of 2002). (Art. 22)

      • 8.6.1 Participation of workers’ representatives in joint OSH committee

        No data available.
      • 8.6.2 Conditions for establishing a joint OSH committee

        Summary / Citation: "At every place of employment where twenty or more persons are employed, the employer shall cause a committee to be established to be known as a health and safety committee in accordance with regulations made under this Act."

        • Health and Safety at Work Act, 2002 (No. 2 of 2002). (Art. 22)

      • 8.6.3 Objectives, roles and/or functions of joint OSH committees

        No data available.
      • 8.6.4 Keeping record of the work of joint OSH committees

        No data available.
      • 8.6.5 Sharing the minutes of joint OSH committees meetings

        No data available.
    • 8.7 Mandatory training for members of joint OSH committee(s)

      No data available.
    • 8.8 Protection against reprisals

      No data available.
    • 8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties

      No data available.
  • 9 Specific hazards or risks

    • 9.1 Biological hazards

      No data available.
    • 9.2 Chemical hazards

      • 9.2.1 Handling, storage, labelling and use

        Summary / Citation: "“Prescribed activity” means:
        (a) in relation to precursor chemicals, the production, manufacture, preparation, distribution, importation or exportation of any such chemicals;
        (b) in relation to other chemical substances, the importation, manufacture or exportation of any such chemical substance in significant quantities."
        (Art. 2)

        (1) "Any person who proposes to engage in any prescribed activity shall, subject to section 7, apply in the prescribed form and manner to the competent authority for a licence to engage in such prescribed activity."
        (2) "An application under subsection (1) shall be accompanied by the prescribed fee and such information or document as may be prescribed or as the competent authority may require."
        (3) "The competent authority shall, upon receipt of an application under subsection (1), cause to be carried out an inspection of the premises where the prescribed activity is to be carried out."
        (Art. 6)

        (1) "Any person who proposes to export or import a specified chemical substance shall, in addition to applying for a licence under section 6(1), apply to the competent authority in the prescribed form for a permit to export or import such specified chemical substance."
        (2) "A separate application shall be made in respect of each specified chemical substance to be exported or imported."
        (3) "An application under subsection (1) shall be accompanied by the prescribed fee and such information or document as the competent authority may require."
        (Art. 8)

        (1) "Where an application is made under section 6 or 7 for a licence or permit, as the case may be, the competent authority may:
        - subject to subsection (2), grant the licence or permit; or
        - refuse to grant such licence or permit on any of the grounds specified in section 10."
        (2) "The competent authority may impose such conditions as it considers necessary on the grant of a licence or permit to achieve the objectives of this Act."
        (3) "Where the competent authority refuses to grant a licence or permit under subsection (1), it shall inform the applicant in writing of such refusal stating the reasons therefor."
        (Art. 8)

        • Precursor Chemicals Act, 2007 (No. 2 of 2007). (Arts. 2 - 8)

      • 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users

        No data available.
      • 9.2.3 Pesticides

        No data available.
    • 9.3 Ergonomic hazards

      No data available.
    • 9.4 Physical hazards

      Sometimes.
      • 9.4.1 Ionising radiation

        Summary / Citation: An Act to require notification of undertakings involving exposure to ionising radiations for the protection of workers involved therein.

        (1) "This Act may be cited as the Ionising Radiations (Workers’ Protection) Act."
        2. "In this Act, unless the context otherwise requires:
        “ionising radiations” means electro-magnetic radiation (that is to say X-ray or gamma ray protons or quanta) or corpuscular radiation (that is to say, alpha particles, beta particles, electrons, positions, protons, neutrons or heavy particles) being electro-magnetic radiation or corpuscular radiation capable of producing ions and emitted from a machine or apparatus which is intended to produce ionising radiations, or from a machine or apparatus in which electrons are accelerated by a voltage of at least five kilovolts;
        “Minister” means the Minister responsible for Public Health;
        “proprietor”, in relation to an undertaking, includes any person for the time being having the management or control or receiving the profits of the business carried on in such undertaking, or employing any person engaged in such business."
        (3) "Every proprietor of an undertaking shall:
        a. before commencing therein for the first time any work involving the possible exposure to ionising radiations of any person employed or engaged in such work, give to the Minister not less than one month’s notice in writing of the intended commencement of such work;
        b. where at the coming into force of this Act any work as aforesaid is carried on, within one month of the commencement of this Act notify the Minister in writing of the carrying on of such work, and in either case shall furnish to the Minister such particulars as the Minister may require:
        Provided that in the case of an undertaking coming within paragraph (b) hereof, the proprietor shall furnish the required particulars within one month after being requested so to do."
        (4) "Without prejudice to the operation of section 3 of this Act, any person who proposes to install, or cause to be installed, on any premises for use in any undertaking, any machine or apparatus capable of producing or emitting ionising radiations, shall give to the Minister not less than one month’s notice in writing of the proposed date of that installation."
        (5) "The Minister may make rules for the carrying into effect of the objects of this Act and in particular but without prejudice to the foregoing to provide for the protection of persons employed or engaged in the use of ionising radiations."
        (6) "Any person who contravenes any provision of section 3 or section 4 of this Act or of any rules made under section 5 thereof shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding five hundred dollars."

        • Ionising Radiations (Workers' Protection) Act (No. 12 of 1967) (Chapter 319).

      • 9.4.2 Vibration and noise

        No data available.
      • 9.4.3 Working at height

        No data available.
      • 9.4.4 Working in confined spaces

        No data available.
      • 9.4.5 Risks arising from poor maintenance of workplace facilities

        No data available.
      • 9.4.6 Exposure to extreme temperatures

        No data available.
      • 9.4.7 Fire risks

        No data available.
      • 9.4.8 Tobacco

        No data available.
      • 9.4.9 Asbestos

        No data available.
      • 9.4.10 Risks related to nanotechnology

        No data available.
      • 9.4.11 Contraction of HIV in the workplace

        No data available.
    • 9.5 Psychosocial hazards

      No data available.
      • 9.5.1 Psychosocial risks

        No data available.
      • 9.5.2 Occupational violence

        No data available.
    • 9.6 Other hazardous substances

      Summary / Citation: "It shall be the duty of any person who manufactures, imports or supplies any substance:
      - to ensure, so far as is reasonably practicable, that the substance will be safe and without risks to health at all times when it is being used, handled, processed, stored or transported by a person at work;
      - 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 paragraph (a);
      - to take such steps as are necessary to ensure that persons supplied by that person with the substance are provided with adequate information about any risks to health or safety to which the inherent properties of the substance may give rise, 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 the substance will be safe and without risks to health at all such times as are mentioned in paragraph (a) and when the substance is being disposed of; and
      - to take such steps as are necessary to secure, so far as is reasonably practicable, that persons so supplied are provided with all such revisions of information provided to them by virtue of paragraph (c) as are necessary by reason of its becoming known that anything gives rise to a serious risk to health or safety."
      (Art. 6.5)

      "It shall be the duty of any person who undertakes the manufacture of any substance to carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to health or safety to which the substance may give rise (at all such times as are mentioned in paragraph (a) of subsection (5)."
      (Art. 6.6)

      • Health and Safety at Work Act, 2002 (No. 2 of 2002). (Arts. 6.5 and 6.6)

    • 9.7 Machineries

      Yes.
      • 9.7.1 Risks related to machinery and tools

        Summary / Citation: (1) “It shall be the duty of any person who designs, manufactures, imports or supplies any article for use at work or any article of fairground equipment:
        a. to ensure, so far as is reasonably practicable, that the article is so designed and constructed that it will be safe and without risks to health at all times when it is being set, used, cleaned or maintained by a person at work;
        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 paragraph (a);
        c. to take such steps as are necessary to secure that persons supplied by that person with the article are provided with adequate information about the use for which the article is designed or has been tested and about any conditions necessary to ensure that it will be safe and without risks to health at all such times as are mentioned in paragraph (a) and when it is being dismantled or disposed of; and
        d. to take such steps as are necessary to secure, so far as is reasonably practicable, that persons so supplied are provided with all such revisions of information provided to them by virtue of paragraph (c) as are necessary by reason of its becoming known that anything gives rise to a serious risk to health or safety.”

        (2) “It shall be the duty of any person who designs, manufacturers, imports or supplies any articles of fairground equipment:
        a. to ensure, so far as is reasonably practicable, that the article is so designed and constructed that it will be safe and without risks to health at all times when it is being used for or in connection with the entertainment of members of the public;
        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 paragraph (a);
        c. to take such steps as are necessary to secure that persons supplied by that person with the article are provided with adequate information about the use for which the article is designed or has been tested and about any conditions necessary to ensure that it will be safe and without risks to health at all times when it is being used for or in connection with the entertainment of members of the public; and
        d. to take such steps as are necessary to secure, so far as is reasonably practicable, that persons so supplied are provided with all such revisions of information provided to them by virtue of paragraph (c) as are necessary by reason of it becoming known that anything gives rise to a serious risk to health or safety.”

        (3) “It shall be the duty of any person who undertakes the design or manufacture of any article for use at work (or of any article of fairground equipment) to carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to health or safety to which the design or article may give rise.”

        (4) “It shall be 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 (or who erects or installs any article of fairground equipment) to ensure, so far as is reasonably practicable, that nothing about the way in which the article is erected or installed makes it unsafe or a risk to health at any such time as is mentioned in paragraph (a) of subsection (1) or, as the case may be, in paragraph (a) of subsection (2).”

        (7) “Nothing in the preceding provisions of this section shall be taken to require a person to repeat any testing, examination or research 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 thereof for the purposes of those provisions.”

        (8) “Any duty imposed on any person by any of the preceding provisions of this section shall extend only to things done in the course of a trade, business or other undertaking carried on by him (whether for profit or not) and to matters within his control.”

        (9) “Where a person designs, manufacturers, imports or supplies an article (for use at work or an article of fairground equipment and does so for or to another) on the basis of a written undertaking by that other to take specified steps sufficient to ensure, so far as is reasonably practicable, that the article will be safe and without risks to health (at all such times as are mentioned in paragraph (a) of subsection (1) or, as the case may be, in paragraph (a) of subsection (2), the undertaking shall have the effect of relieving the first-mentioned person from the duty imposed (by virtue of that paragraph) to such extent as is reasonable having regard to the terms of the undertaking.”

        (10) “Nothing in subsection (8) or (9) shall relieve any person who imports any article or substance from any duty in respect of anything which:
        - in the case of an article designed outside The Bahamas was done by and in the course of any trade, profession or other undertaking carried on by, or was within the control of, the person who designed the article; or
        - in the case of an article or substance manufactured outside The Bahamas was done by and in the course of any trade, profession or other undertaking carried on by, or was within the control of, the person who manufactured the article or substance.”

        (11) “For the purposes of this section an absence of safety or a risk to health shall be disregarded in so far as the case in or in relation to which it would arise is shown to be one of the occurrence of which could not reasonably be foreseen; and in determining whether any duty imposed by virtue of paragraph (a) of subsection (1), (2) or (5) has been performed regard shall be had to any relevant information or advice which has been provided to any person by the person by whom the article has been designed, manufactured, imported or supplied or, as the case may be, by the person by whom the substance has been manufactured, imported or supplied.”

        • Health and Safety at Work Act, 2002 (No. 2 of 2002). (Art. 6)

      • 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries

        Summary / Citation: (1) “It shall be the duty of any person who designs, manufactures, imports or supplies any article for use at work or any article of fairground equipment:
        a. to ensure, so far as is reasonably practicable, that the article is so designed and constructed that it will be safe and without risks to health at all times when it is being set, used, cleaned or maintained by a person at work;
        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 paragraph (a);
        c. to take such steps as are necessary to secure that persons supplied by that person with the article are provided with adequate information about the use for which the article is designed or has been tested and about any conditions necessary to ensure that it will be safe and without risks to health at all such times as are mentioned in paragraph (a) and when it is being dismantled or disposed of; and
        d. to take such steps as are necessary to secure, so far as is reasonably practicable, that persons so supplied are provided with all such revisions of information provided to them by virtue of paragraph (c) as are necessary by reason of its becoming known that anything gives rise to a serious risk to health or safety.”

        (2) “It shall be the duty of any person who designs, manufacturers, imports or supplies any articles of fairground equipment:
        a. to ensure, so far as is reasonably practicable, that the article is so designed and constructed that it will be safe and without risks to health at all times when it is being used for or in connection with the entertainment of members of the public;
        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 paragraph (a);
        c. to take such steps as are necessary to secure that persons supplied by that person with the article are provided with adequate information about the use for which the article is designed or has been tested and about any conditions necessary to ensure that it will be safe and without risks to health at all times when it is being used for or in connection with the entertainment of members of the public; and
        d. to take such steps as are necessary to secure, so far as is reasonably practicable, that persons so supplied are provided with all such revisions of information provided to them by virtue of paragraph (c) as are necessary by reason of it becoming known that anything gives rise to a serious risk to health or safety.”

        (3) “It shall be the duty of any person who undertakes the design or manufacture of any article for use at work (or of any article of fairground equipment) to carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to health or safety to which the design or article may give rise.”

        (4) “It shall be 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 (or who erects or installs any article of fairground equipment) to ensure, so far as is reasonably practicable, that nothing about the way in which the article is erected or installed makes it unsafe or a risk to health at any such time as is mentioned in paragraph (a) of subsection (1) or, as the case may be, in paragraph (a) of subsection (2).”

        (7) “Nothing in the preceding provisions of this section shall be taken to require a person to repeat any testing, examination or research 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 thereof for the purposes of those provisions.”

        (8) “Any duty imposed on any person by any of the preceding provisions of this section shall extend only to things done in the course of a trade, business or other undertaking carried on by him (whether for profit or not) and to matters within his control.”

        (9) “Where a person designs, manufacturers, imports or supplies an article (for use at work or an article of fairground equipment and does so for or to another) on the basis of a written undertaking by that other to take specified steps sufficient to ensure, so far as is reasonably practicable, that the article will be safe and without risks to health (at all such times as are mentioned in paragraph (a) of subsection (1) or, as the case may be, in paragraph (a) of subsection (2), the undertaking shall have the effect of relieving the first-mentioned person from the duty imposed (by virtue of that paragraph) to such extent as is reasonable having regard to the terms of the undertaking.”

        (10) “Nothing in subsection (8) or (9) shall relieve any person who imports any article or substance from any duty in respect of anything which:
        - in the case of an article designed outside The Bahamas was done by and in the course of any trade, profession or other undertaking carried on by, or was within the control of, the person who designed the article; or
        - in the case of an article or substance manufactured outside The Bahamas was done by and in the course of any trade, profession or other undertaking carried on by, or was within the control of, the person who manufactured the article or substance.”

        (11) “For the purposes of this section an absence of safety or a risk to health shall be disregarded in so far as the case in or in relation to which it would arise is shown to be one of the occurrence of which could not reasonably be foreseen; and in determining whether any duty imposed by virtue of paragraph (a) of subsection (1), (2) or (5) has been performed regard shall be had to any relevant information or advice which has been provided to any person by the person by whom the article has been designed, manufactured, imported or supplied or, as the case may be, by the person by whom the substance has been manufactured, imported or supplied.”

        • Health and Safety at Work Act, 2002 (No. 2 of 2002). (Art. 6)

      • 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information

        Summary / Citation: (1) “It shall be the duty of any person who designs, manufactures, imports or supplies any article for use at work or any article of fairground equipment:
        a. to ensure, so far as is reasonably practicable, that the article is so designed and constructed that it will be safe and without risks to health at all times when it is being set, used, cleaned or maintained by a person at work;
        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 paragraph (a);
        c. to take such steps as are necessary to secure that persons supplied by that person with the article are provided with adequate information about the use for which the article is designed or has been tested and about any conditions necessary to ensure that it will be safe and without risks to health at all such times as are mentioned in paragraph (a) and when it is being dismantled or disposed of; and
        d. to take such steps as are necessary to secure, so far as is reasonably practicable, that persons so supplied are provided with all such revisions of information provided to them by virtue of paragraph (c) as are necessary by reason of its becoming known that anything gives rise to a serious risk to health or safety.”

        (2) “It shall be the duty of any person who designs, manufacturers, imports or supplies any articles of fairground equipment:
        a. to ensure, so far as is reasonably practicable, that the article is so designed and constructed that it will be safe and without risks to health at all times when it is being used for or in connection with the entertainment of members of the public;
        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 paragraph (a);
        c. to take such steps as are necessary to secure that persons supplied by that person with the article are provided with adequate information about the use for which the article is designed or has been tested and about any conditions necessary to ensure that it will be safe and without risks to health at all times when it is being used for or in connection with the entertainment of members of the public; and
        d. to take such steps as are necessary to secure, so far as is reasonably practicable, that persons so supplied are provided with all such revisions of information provided to them by virtue of paragraph (c) as are necessary by reason of it becoming known that anything gives rise to a serious risk to health or safety.”

        (3) “It shall be the duty of any person who undertakes the design or manufacture of any article for use at work (or of any article of fairground equipment) to carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to health or safety to which the design or article may give rise.”

        (4) “It shall be 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 (or who erects or installs any article of fairground equipment) to ensure, so far as is reasonably practicable, that nothing about the way in which the article is erected or installed makes it unsafe or a risk to health at any such time as is mentioned in paragraph (a) of subsection (1) or, as the case may be, in paragraph (a) of subsection (2).”

        (7) “Nothing in the preceding provisions of this section shall be taken to require a person to repeat any testing, examination or research 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 thereof for the purposes of those provisions.”

        (8) “Any duty imposed on any person by any of the preceding provisions of this section shall extend only to things done in the course of a trade, business or other undertaking carried on by him (whether for profit or not) and to matters within his control.”

        (9) “Where a person designs, manufacturers, imports or supplies an article (for use at work or an article of fairground equipment and does so for or to another) on the basis of a written undertaking by that other to take specified steps sufficient to ensure, so far as is reasonably practicable, that the article will be safe and without risks to health (at all such times as are mentioned in paragraph (a) of subsection (1) or, as the case may be, in paragraph (a) of subsection (2), the undertaking shall have the effect of relieving the first-mentioned person from the duty imposed (by virtue of that paragraph) to such extent as is reasonable having regard to the terms of the undertaking.”

        (10) “Nothing in subsection (8) or (9) shall relieve any person who imports any article or substance from any duty in respect of anything which:
        - in the case of an article designed outside The Bahamas was done by and in the course of any trade, profession or other undertaking carried on by, or was within the control of, the person who designed the article; or
        - in the case of an article or substance manufactured outside The Bahamas was done by and in the course of any trade, profession or other undertaking carried on by, or was within the control of, the person who manufactured the article or substance.”

        (11) “For the purposes of this section an absence of safety or a risk to health shall be disregarded in so far as the case in or in relation to which it would arise is shown to be one of the occurrence of which could not reasonably be foreseen; and in determining whether any duty imposed by virtue of paragraph (a) of subsection (1), (2) or (5) has been performed regard shall be had to any relevant information or advice which has been provided to any person by the person by whom the article has been designed, manufactured, imported or supplied or, as the case may be, by the person by whom the substance has been manufactured, imported or supplied.”

        • Health and Safety at Work Act, 2002 (No. 2 of 2002). (Art. 6)

      • 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated

        No data available.
      • 9.7.5 Maintenance of machinery and equipment

        No data available.
        • 9.7.5.1 List of equipment where applicable

          No data available.
    • 9.8 Provisions to protect workers in specific condition of vulnerability

      Sometimes.
      • 9.8.1 Protection of pregnancy at work

        Yes.
      • 9.8.2 Protection of lactating women at work

        No data available.
      • 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts

        No data available.

        Related CEACR Comments
        Underground Work (Women) Convention, 1935 (No. 45) Direct Request 2005

      • 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age

        Summary / Citation: "In this Part:
        “child” means any person under the age of fourteen years;
        “industrial undertaking” includes:
        - a mine, quarry, or distillery, or a sugar, spirit compound, match, soap, cigar or cigarette factory, or any undertaking in which articles are manufactured, altered, cleaned, repaired, ornamented, finished, adapted for sale, broken up or demolished or in which materials are transformed, including shipbuilding and the generation, transformation and transmission of electricity and motive power of any kind, or any agricultural undertaking;
        - construction, reconstruction, maintenance, repair, alteration or demolition of any building, railway, tramway, harbour, dock, pier, canal, inland waterway, road,, tunnel, bridge, viaduct, sewer, drain, well, telegraphic or telephonic installation, electrical undertaking, gas work, water work, or other work of construction, as well as the preparation for or laying the foundation of any such work or structures;
        - transport of passengers or goods by road or rail or inland waterway including the handling of goods at docks, quays, wharves and warehouses but excluding transport by hand. (...);
        “young person” means a person who is fourteen years of age arid upwards and under the age of eighteen years."
        (Art. 49)

        (1) "A child shall not be employed in any undertaking except as expressly provided in the First Schedule."
        (2) "The Minister may by Order after consultation with a confederation, being, in the opinion of the Minister, a confederation representative of a majority of employers and associations of employers generally and after consultation with an association of registered trade unions being an association in the opinion of the Minister representative of a majority of employees subject to affirmative resolution of the House of Assembly, amend the First Schedule."
        (Art. 50)

        "It shall not be lawful to employ any young person under the age of sixteen upon any ship other than a ship:
        - upon which only members of the same family are employed; or
        - within the waters of The Bahamas."
        (Art. 56)

        (1) "It shall not be lawful to employ a child in night work."
        (2) "It shall not be lawful, except as expressly provided in this Part and the Second Schedule to employ young persons in night work."
        (3) "The Minister may by Order after consultation with a confederation, being, in the opinion of the Minister, a confederation representative of a majority of employers and associations of employers generally and after consultation with an association of registered trade unions being an association in the opinion of the Minister representative of a majority of employees subject to affirmative resolution of the House of Assembly, amend the Second Schedule."
        (Art. 57)
        "Second Schedule (Section 57) Employment of young persons in night work:
        A young person may be employed in the following undertakings –
        (a) hotels;
        (b) restaurants;
        (c) food stores;
        (d) general merchandise stores;
        (e) gas stations."

        "In all industrial undertakings in the case of exceptional circumstances demanding it, the Minister may, by Order, after consultation with a confederation, being, in the opinion of the Minister, a confederation representative of employers and associations of employers generally and after consultation with an association of registered trade unions being an association in the opinion of the Minister representative of employees subject to affirmative resolution of the House of Assembly, suspend the prohibition of night work for such period as he may deem necessary."
        (Art. 58)

        "A young person may work outside school hours under the following conditions:
        a) in a school day, for not more than three hours;
        b) in a school week, for not more than twenty-four hours;
        c) in a non-school day, for not more than eight hours;
        d) in a non-school week, for not more than forty hours."
        (Art. 59)

        • Employment Act, 2001 (No. 27 of 2001). (Arts. 49 - 58)

        Related CEACR Comments
        Minimum Age Convention, 1973 (No. 138) Observation 2021
        Minimum Age Convention, 1973 (No. 138) Direct Request 2021

  • 10 Recording, notification and investigation of accidents/incidents and diseases

    • 10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases

      Yes.
      • 10.1.1 Work-related accidents

        Summary / Citation: "Without prejudice to the generality of subsection (1), the Minister may by such regulations:
        a. prescribe any matter which may be or is required to be prescribed under the provisions of this Act;
        b. require any employer:
        - to take reasonable steps to investigate the circumstances of every accident or disease of which notice is given to him;
        - to give the Board such notices or returns as may be thereby required of any accident or disease whether fatal or not which has occurred in his place of employment. (...)"

        • National Insurance Act 1972 (No. 21 of 1972). (Art. 62.2)

      • 10.1.2 Near miss incidents

        No data available.
      • 10.1.3 Occupational diseases

        Summary / Citation: "Without prejudice to the generality of subsection (1), the Minister may by such regulations:
        a. prescribe any matter which may be or is required to be prescribed under the provisions of this Act;
        b. require any employer:
        - to take reasonable steps to investigate the circumstances of every accident or disease of which notice is given to him;
        - to give the Board such notices or returns as may be thereby required of any accident or disease whether fatal or not which has occurred in his place of employment. (...)"

        • National Insurance Act 1972 (No. 21 of 1972). (Art. 62.2)

    • 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health

      Remarks / comments: In the event of an industrial accident, the employer must fill out the Employer’s Report On Accident At Work (Form B-44), giving details of the accident and confirming that it did happen on the job, or in the course of the employment. The employer must report industrial accidents within three (3) months of the date of the accident, failure to do so may result in a fine of $500.
      http://www.nib-bahamas.com/UserFiles/HTMLEditor/B44%20amended%202011.pdf

      Related CEACR Comments
      Labour Inspection Convention, 1947 (No. 81) Observation 2002
      Labour Inspection Convention, 1947 (No. 81) Direct Request 2018

  • 11 OSH inspection and enforcement of OSH legislation

    • 11.1 Appointment of OSH inspectors

      Summary / Citation: "The Minister may designate any suitably qualified public officer as an inspector to ensure compliance with this Act. "

      Remarks / comments: The mission of this Unit is to work with employers, trade unions and employees to promote, develop and implement good industrial relations practices in order to enforce labour legislation and to enhance the economic well-being of the enterprise and the health and safety of workers.

      General Inspection
      The main purpose of Labour Inspection is to carry out general inspections relating to statutory laws and to supervise union elections. It covers a broad spectrum of areas under its purview, such as industrial relations, general conditions of work and occupational health and safety. Inspection is one of the most important instruments used to enforce legal provisions relating to conditions of work and protection of workers while engaged in their work. Such provisions relate to work hours, wages, safety, health welfare, the employment of children and young persons and other connected matters. Essentially, the Unit ensures that adequate protection of workers is in place so as to ensure that duties are performed in a secure, efficient and decent manner.
      In addition to the foregoing, Inspectors supply technical information and advice to employers and employees concerning the most effective means of complying with legal provisions. The Inspectors also bring to the attention of the competent authority defects or abuses not specifically covered by existing legal provisions. The Unit maintains statistical records relating to inspection and investigation of cases dealt with.

      Safety and Welfare Inspection
      The Inspection Unit maintains regular inspection of establishments and other work sites so that workers can feel confident that adequate precautions are taken on the job site to secure their safety and welfare. Reports are made on sites visited to make certain safety rules and regulations are complied with. Inspectors also recommend, where necessary, such changes in procedure that will maintain the safety and welfare of workers.

      http://www.bahamas.gov.bs/wps/portal/public/About%20Us/Department%20of%20Labour/!ut/p/b1/vZTHjuM4EIafZR7ALVKSFY6KVo5U8sWQg2RlB7XS0493txeY2UV3XwZinYj6Cx_5F4vYHouxfZsORZ72Rdem9V_7PXVweeD6BktwQJUJoCLChTpDQMCDlyB5CcAniwN_1xNgZ3IcyZg7FAKgQsB5PnSBTcCP-k8F-D_1O9t0hVeacTjplUa25UID2gaORVisJPMkdmYuS-HhmkSeYyAJWDuQeqfjbaQoS2JJvQJS_kBZvLkBmq7adyQKqTLblyTiZ3A-XCAuLBt3qaltxdQo7S8bclDPw3iBLu25mwYRRFdci3nYhNd9DSMJFdLz9pjU4ElH9MRPdZsgodvvCEejFAC5opa52zmd1F1K3cfKi-1deWSPLbsUJ7z77t7wS9-Vf337QvBN3yJs_3Vr8A_BV639EmLSmKV0zQVLXjL6UxkLMITFgDz45XxTl2rxysWzzeVsW-iEAxQAVD0CK6gmv_esZ5UDUEa4JbqjX90nU_Qsvz8659ALeE4gB8mZvwPCtYHEykCHXBtIrQ3crgzcrv1Kt_jawD8_Fhq2L47N23hq3sAbSUCKxSEENI6zBIuFZQImMTevIudl5KK1cNP621Gpmjy3UcHx_ZPTapZR2kznQrFP0zhzScG-z9dATdV50uRLVLqDG8RG71pGwhHNIywZPxfT9939UVye-jVVOZ1m2Ezcek1_fX1Gpy1XBQN3mN3yXSCnfld5x-bRRjX5fgPw-aTiUq-PpXaOzmA_E5sYP2SufDuw2fiNf8b_GwYm2xKl0X9IAJbR5IsGspA0-WcfmoamwgDaltRBJLqLKU3mkxU__BNtsfe774DEykARrA2k1gaubSn685b-NnRbSLI4idM4ReIsDeFr6gKKFjuNk5wxbApY93RSSg0YQyFpS9TmgpaddCabGZthzTiJwsHS93kiE1XWnDhXiPoThBRh2fiGt5rhxPN-QZMyNe_1zHVlSDzkuTRfZ6wS_qwTTsk6Cs-qWgdtrY4D-ezIRtWmTvH6LFoL-inVCKUz4ebCVnUw8bxpHJb7fG9Pepe0Hcp23k16Uj0IiXutHAWtyi8i21nKMySkZzT4yDPC48iJxaDr7o8f2K0JgkE3KE8ZIfPfIJrhl-B-Ap3KkWU!/dl4/d5/L2dBISEvZ0FBIS9nQSEh/

      • Health and Safety at Work Act, 2002 (No. 2 of 2002). (Art. 10)

    • 11.2 OSH inspectors’ powers

      No data available.
    • 11.3 OSH inspectors’ enforcement powers

      Yes.
      • 11.3.1 Power to issue orders or notices

        Summary / Citation: Improvement notices:
        "If an inspector is of the opinion that a person:
        (a) is contravening any provision of this Act;
        (b) has contravened one or more of those provisions in circumstances that make it likely that the contravention will continue or be repeated,
        he may serve on him a notice (in this Act referred to as “an improvement notice”) stating that he is of that opinion, specifying the provision or provisions as to which he is of that opinion, giving particulars of the reasons why he is of that opinion, and requiring that person to remedy the contravention or, as the case may be, the matters occasioning it within such period (ending not earlier than the period within which an appeal against the notice can be brought under section 14) as may be specified in the notice."
        (Art. 11)

        Prohibition notices:
        (1) "This section applies to any activities which are being or are likely to be carried on by or under the control of any person, being activities to or in relation to which any of the relevant statutory provisions apply or will, if the activities are so carried on, apply."
        (2) "If as regards any activities to which this section applies an inspector is of the opinion that, as carried on or likely to be carried on by or under the control of. the person in question, the activities involve or, as the case may be, will involve a risk of serious personal injury, the inspector may serve on that person a notice (in this Part referred to as a prohibition notice”)."
        (3) "A prohibition notice shall:
        - state that the inspector is of the said opinion;
        - specify the matters which in his opinion give or, as the case may be, will give rise to the said risk;
        - where in his opinion any of those matters involve or, as the case may be, will involve a contravention of any of the relevant statutory provisions, state that he is of that opinion, specify the provision or provisions as to which he is of provisions as to which he is of that opinion, and give particulars of the reasons why he is of that opinion; and
        - direct that the activities to which the notice relates shall not be carried on by or under the control of the person on whom the notice is served
        unless the matters specified in the notice in pursuance of paragraph (b) and any associated contravention or provisions so specified in pursuance of paragraph (c) have been remedied."
        (4) "A direction contained in a prohibition notice in pursuance of subsection (3) (d) shall take effect:
        - at the end of the period specified in the notice; or
        (b) if the notice so declares, immediately."
        (Art. 12)

        Provisions supplementary to sections 10 and 11:
        (1) "In this section “a notice” means an improvement notice or a prohibition notice."
        (2) "A notice may include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates; and any such directions:
        - may be framed to any extent by reference to any approved code of practice; and
        - may be framed so as to afford the person on whom the notice is served a choice between different ways of remedying the contravention or matter."
        (3) "Where any of the relevant statutory provisions applies to a building or any matter connected with a building and an inspector proposes to serve
        an improvement notice after consultation with the relevant building authorities relating to a contravention of that provision in connection with that building or matter, the notice shall riot direct any measures to be taken to remedy the contravention of that provision which are more onerous than those necessary to secure conformity with the requirements of any building regulations for the time being in force to which that building or matter would be required to conform if the relevant building were being newly erected unless the provision in question imposes specific requirements more onerous than the requirements of any such building regulations to which the building or matter would be required to conform as aforesaid."
        (4) "In subsection (3) “the relevant building”, in the case of a building, means that building, and, in the case of a matter connected with a building,
        means the building with which the matter is connected."
        (5) "Before an inspector serves in connection with any premises other than a private dwelling used or about to be used as a place of work a notice
        requiring or likely to lead to the taking of measures of affecting the means of escape in case of fire with which the premises are or ought to be provided, he shall consult with the fire brigade of the Royal Bahamas Police Force."
        (6) "Where an improvement notice or a prohibition notice which is not to take immediate effect has been served:
        - the notice may be withdrawn by an inspector at any time before the end of the period specified therein in pursuance of section 11 or subsection (4) of
        section 12, as the case may be; and
        - the period so specified may be extended or further extended by an inspector at any time when an appeal against the notice is not pending."
        (Art. 13)

        • Health and Safety at Work Act, 2002 (No. 2 of 2002). (Arts. 11, 12 and 13)

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Observation 2002
        Labour Inspection Convention, 1947 (No. 81) Direct Request 2018

      • 11.3.2 Power to impose financial penalties

        No data available.
      • 11.3.3 Power to revoke or suspend licenses or authorisations

        No data available.

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Observation 2002
        Labour Inspection Convention, 1947 (No. 81) Direct Request 2018

      • 11.3.4 Power to require the cessation of dangerous work

        Summary / Citation: (1) "Where, in the case of any article or substance found by him in any premises which he has power to enter, an inspector has reasonable cause to believe that, in the circumstances in which he finds it, the article or substance is a cause of imminent danger of serious personal injury, he may seize it and cause it to be made harmless (whether by destruction or otherwise)."
        (2) "Before there is made harmless under this section:
        - any article that forms part of a batch of similar articles; or
        - any substance, the inspector shall, if it is practicable for him to do so, take a sample thereof and give to a responsible person at the premises where the article or substance was found by him a portion of the sample marked in a manner sufficient to identify it."
        (3) "As soon as may be after any article or substance has been seized and made harmless under this section, the inspector shall prepare arid sign a written report giving particulars of the circumstances in which the article or substance was seized and so dealt with by him, and shall:
        - give a signed copy of the report to a responsible person at the premises where the article or substance was found by him; and
        - unless that person is the owner of the article or substance, also serve a signed copy of the report on the owner;
        and if, where paragraph (b) applies, the inspector cannot after reasonable enquiry ascertain the name or address of the owner, the copy may be served on him by giving it to the person to whom a copy was given under paragraph (a)."

        • Health and Safety at Work Act, 2002 (No. 2 of 2002). (Art. 15)

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Observation 2002
        Labour Inspection Convention, 1947 (No. 81) Direct Request 2018

      • 11.3.5 Power to initiate prosecutions

        No data available.
      • 11.3.6 Power to conduct prosecutions

        No data available.
      • 11.3.7 Other enforcement powers

        No data available.
    • 11.4 Application of sanctions by courts

      Sometimes.
      • 11.4.1 Financial penalties for legal persons

        Summary / Citation: "Any person who contravenes any provision of this Act is guilty of an offence and shall be liable on summary conviction to a fine of five thousand dollars."

        • Health and Safety at Work Act, 2002 (No. 2 of 2002). (Art. 17)

      • 11.4.2 Financial penalties for natural persons

        No data available.
      • 11.4.3 Non-financial sanctions

        No data available.
      • 11.4.4 Criminal liability

        Summary / Citation: "Whoever causes the death of another person by any unlawful harm is guilty of manslaughter. If the harm was negligently caused, he is guilty only of manslaughter by negligence."
        (Art. 289)

        "Whoever commits manslaughter by negligence shall be liable to imprisonment for five years; and whoever commits manslaughter in any other case shall be liable to imprisonment for life."
        (Art. 293)

        • Penal Code (No. 15 1873) (Chapter 84). (Arts. 289 and 293)

      • 11.4.5 Terms of imprisonment for natural persons

        Summary / Citation: "Whoever commits manslaughter by negligence shall be liable to imprisonment for five years; and whoever commits manslaughter in any other case shall be liable to imprisonment for life."
        (Art. 293)

        • Penal Code (No. 15 1873) (Chapter 84). (Art. 293)

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